Resolution 1992-049
~- ",~-~
t'
~}~:.
~~'
I.(!;:~~'."..
of,;.'
'/"-."
'.~'
;,; "
"
~~l.i.."
;~;;<
I~,
i,.W~
di>
(#'!;
~-'(~ '
{f ,.<
,~:'f-
~,
~,
~~:'
~'.
'~:
i
.1...\.'.... .
_~i
, ~.~;
~ftf_~
JAN 2 8 1992
RESOLUTION 92-~
RELATING TO PETITION NO. PU-90-26 FOR EXTENSION
OF CONDITIONAL USE OF PROEPRTY HERINAFER
DESCRIBED IN COLLIER COUNTY, FLORIDA
WHEREAS, the Legislature of the state of Florida in Chapter
125, Florida statutes, has conferred on all Counties in Florida the
power to establish, coordinate and enforce zoning and such business
regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes
comprehensive zoning regulations for the zoning of particular
, divisions of the County, among which is the granting and extending
the time period of Conditional Uses tormerly known as Provisional
Uses; and
WHEREAS, on February 5, 1991, the Board of County
commissioners enacted Resolution No. 91-135, which granted a
provisional use now known as a conditional use pursuant to
ordinance No. 91-102, for a church and related church facilities,
on the below described property; and
WHEREAS, Subsection 2.7.4.5 of the Land Development Code
provides that the Board of Zoning Appeals may extend the one (1)
year time period for a conditional use which has not been
commenced;
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals
of Collier County, Florida that the written request of Dr. Neno J.
Spagna of Florida Urban Institute, Inc. representing Unity Faith
Missionary Church tor the tirst of three (3) permitted one (1) 'year
extensions, in interest of the following described property:
Tract 165, Golden Gate Estates, Unit 27, according to Plat
thereof, recorded in Plat Book 7, Page 17, of the Public
Records ot Collier County, Florida.
is hereby approved pursuant to Subsection 2.7.4.5, of the Land
Development Code (Ordinance No. 91-102) and the expiration date for
.. 000 PACt 30
-1-
JAN 2 8 1992
Resolution No. 91-135, attached hereto and incorporated herein as
Exhibit "A" and all conditions applicable thereto is extended
hereby for one year until February 5, 1993.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
.inutes of this Board and in the records ot the Petition tor which
the ext~nsion is granted.
. commj.~8ioner
Hasse
offered the toregoing
Resolution and moved tor its adoption, seconded by Commissioner
Shanahan
, and upon roll call, the vote was:
AYES: Calmissioner Hasse, Camrl.ssioner Shanahan, CoomLssioner Saunders, and
Ccmnissioner Volpe
NAYS: - .-",..,
ABSENT, AND NOT VOTING: Qmn1ss1oner Goodnight
AB~ION:
Done this
2Hth
day ot
Jarroarv
, 1992.
BOARD OF
CO~ER ,
BY: {h...
, CHAIRMAN
A~~:!))1niJ ;~ ""
JAMES:.C. GIL.t~~CLIpU{
't ;.:>>'
~ . ~'
. 'It" ", -
(f)L.
LEGAL SUFFICIENCY:
PU-90-26 EXTENSION RESOLUTION
nbJ7151
II (JOOpaf,t 31
-2-
JAN 2 8 1992
RESOLUTION 91--L15
RELATING TO PETITION NO. PU-90-26 FOR PROVISIONAL
USE OF PROPERTY'HEREINAFTER DESCRIBED IN COLLIER
CO~,Y, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246,'~ws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier-'County,the power to establish, coordilJate
and enforce zoning and such business regulations as are
necessary" for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among
which is the granting of Provisional Uses; and
WHEREAS, the Collier County Planning commission, being the
duly appointed and constituted planning board for the area
hereby affected, has held a public hearing after notice as in
.aid regulations made and provided, and has considered the
advisability of Provisional Use "a" in the "E" (Estates) zone
for a chur~h and church related facilities on the property
hereinafter described, and has found as a matter of fact
(Exhibit "A") that satisfactory provision and arrangement has
been made concerning all applicable matters required by said
regulations and in accordance with Section 13.1.d of the Zoning
Regulations for the Collier county Planning Commission; and
WHEREAS, all interested parties have been given opportunity
to be heard by this Board in a pUblic meeting assembled and the
Board having considered all matters presented.
, NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING
APPEALS of Collier County, Florida that the petition filed by
Neno J. Spagna of Florida Urban Institute, Inc., representing
Unity Faith Missionary Baptist Church with respect to the
property hereinafter described as:
Tract 165;' Golden Gate Estates, Unit 27, according to Plat
thereof, recorded in Plat Book 7, Page 17, of the Public
Records of Collier County, Florida.
. 000 W.! 32
EXHIBIT "A"
JAN '2 8 1992
be and the same is hereby approved for provisional Use "a" of
the "E" (Estates) zoning district for a church and church
related facilities subject to the following conditions:
Exhibit "B" which is attached hereto and incorporated
by reference herein.
\!.~.
BE IT FURTHER RESOLVED that this Resolution be recorded in
the minutes of this Board.
colIIJItissioner
Saunders
offered the
~ore9Qing Resolution and "inoved for its adoption, seconded by
cOIIIJItissioner
Goodnight
and upon roll call, the vote
vas:
AYES: Commissioner Saunders, Commissioner Goodnight, Commissioner Shanahan,
Commissioner Volpe, and Commissioner Hasse
NAYS: '
ABSENT A1m NOT VOTING:
ABSTENTION:
Done this
5th
day of February
1991.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
...= ....
..' ....... .. . '.. .~ ,
,;, .,. .,)~...~!U fJ~''''.:
It-f." ...... '~~ · l' "
!;::l;,.'...,.' ~;.. ,'....i . .. :"';~
:r~~.~'.. :..,:.. . 0.- . ~ 0, ~
;-:' ATTEST: . ':. ~
, ~s C. GILES) CLERK
_.. ,~: . .. C")
: "'~ ....: ':.::' "':":'6/$
"~~_.(". ~ i' ~c....
. '. '!1:' ........~,f~\',. "
':AP RO!:ED'.:A'S'"TO ~ORM AND LEGAL SUFFICIENCY:
.,': "7,' ~ .
t, ;~~~RI~ b~Y.'~ ~~
.V ASSISTANT COUNTY ATTORNEY
BY:~~~~~
CHAI
PU-90-26 RESOLUTION
nb/4655
. um PA~~ 33
~~
J/
-~
~.
t,
""> "
i~F
';:.,'1'~
X~:,
....
. .
...--:...
"
JAN 2 8 1992
FINDING OF FACT
, BY ,
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR
PU-90-26
The following facts are found:
'-
1.
Section 7.10 b.3)(a) of the Zoning Ordinance
authorized the provisional use.
2.
Granting the provisional use will not adversely affect
the public' interest and will not adversely affect other
property or uses in the same district or neighborhood
because of: ,
A.
Consistency with the Comprehensive Plan:
Complies Wi~Comprehensive Plan
Yes No
.----- -----
~
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire'or catastrophe: .
Adequate in<}.t'ess "egress ,~
Yes - '" No
----- -
c. ' Affects neighboring properties in relation to
noise, glare, economic or odor effects:
~ No affect or Affect mitigated by
------ _____ Affect cannot be mitigated
General compatibility with adjacent properties and
other property in the district:
Compatibl~ ~se within district '
Yes '^ No
----- -----
D.
Based on the above findings, this provisional Use should,
with stiP~lations, (copy attached) (~"..1.l ~) .be ".
recommended for approval \ '\ : I t\ ~..~ 0,
DATE' {I/7I<7/ CRAI....;", W~ I~
FINDING OF FACT CHAIRMAN
~XHI.'{JGOF4~~ 34
...
AGREEM~
JAN 2 8 1992
X, Neno J. Spagna, of Florida Urban Institute, !nc., as
authorized agent for Petition PU-90-26, agree to the fc110wing
stipulations requested by the Collier County Planning
Commission in their public hearing on January 17, 1991.
1. PLANNING SERVICES:
a. Expansion of the uses identified and approved within
this Provisional Use application, or major changes to
the site plan submitted as part ot this application,
shall require submission ot a new Provisional Use
request and shall comply with all applicable County
ordinances in affect at the time of submittal
including Section 10.5 ot Collier County Zoning
Ordinance No. 82-2.
2. WATER MANAGEMENT AND ENGINEERING:
a. Design and construction ot all improvements shall be
subject to compliance with the appropriate provisions
of the Collier County SUbdivision Regulations.
b. This project shall be required to meet all County
Ordinance in effect at the time final construction
documents are submitted for development approval.
c. A portion, not exceed 70\ of the required parking,
may be developed with a grass surface per the Collier
County Zoning Ordinance Section 8-12C. The driveway
aisles, however, shall be paved. All parking must be
considered paved tor stormwater purposes.
3. ENVIRONMENTAL;
~
Prior to preliminary Site Development Plan approval,
Project Review Services Environmental Statt shall
field verify and approve County wetland
jurisdictional areas which shall be tlagged by the
petitioner. These approved wetland jurisdictional
areas shall be designated as Conservation Easements
which shall be recorded in the official County
Records prior to final Site Development Plan
approval. As part of the water management system for
this site, all required stormwater retention shall be
directed into these preserve areas after a 1/2 inch
dry water quality pre-treatment.
a.
. flOO~.~ 3S
Exhibit "8"
z
l(
'I;$t,
. 1;',:,
~. ~..-.,
.....: ~.h
"'~J'
'.Ill:
~t':,~'
,,~
,'f'
l"
'h' .
, 't
,I,;:. ,
4. TRANSPORTATION:
.IAN ? 8 1992
a. The road impact fee shall be as set forth in
Ordinance 85-55, as amended, and shall be paid at the
time building permits are issued unless otherwise
approved by the Board of County Commissioners.
~ ~. .f'1_, ,:,
PETITIONER blR ~~
~...... .l'
SWORN TO AND
OF, ~~AM.
,;2;; -:::J
..
~(."1/??1. t1.
NpTARlC
OL'l_
,
SWORN TO AND SUBSCRIBED BEFORE ME THIS
I,; 07 8:,",u ,1991.
, , ,],,) '.
~ ..........;.',
~f~. .' ': )....::,:' :.\
",: '. SEAL \, . :
..: I J .., t
, .. "I t.t.. !
.:~, '. .' MY co~i:~SiON EXPIRES:
:~,.., '0'" ....:.,........ I',' ,,'
,', t -...'( "oU,l!: STArt
HY to-I1ISSIOi [J(p (T flaw"
e~ 7ltlu tDlru... AUt. 2:1. '0Q2
~ lie.
, 1991.
SUBSCRIBED BEFORE HE THIS
}B~
SEAL
MY CO~ISSION EXPIRES:
..^...'+l':.... - . "0:-::".
PO-90-26 AGREEMEUT SHEET
.._d
~ Ic-~~
NOTARY
(1"" 'r~,~ ...,
-" r-::t.f:Hrc: J,j;; r ", 'lC.JtD,&
"n"..{D '~r Itl . . J~J 11.""
4<:'1 ,~=. l:.lll.
.. ~
. 000 I'A~! . 36
-2-
DAY
DAY