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Resolution 1995-532RESOLUTION 95- 532 } RESOLUTION PROVIDING FOR THE ESTADLISHMENT tF "1" CONDITIONAL USE IN THE "E" 2;STATES ;1,ONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR IROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 :OUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, tl^e Legislature of the State of Florida in Chapter z ., 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has u #a. conferred on Collier County the power to establish coordinate and ._ enforce zoning :Ind such business, regulations as ari necessary for the protection of t :ie public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which inch ides a Comprehensive Zoning Ordinance establishing regulations for the oning of particular geographic divisions of the Co nty, among which is- the granting of Conditional Uses; and WHEREAS, th- Collier Count Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said egulations made and provided, and has considered tho advisability of Conditional Use 111" of Section 2.2.3.3 in an "E" Es ates zone for a'ch,rch on the property hereinafter described, and has ound as a matter o fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection .7.4.4 of the Land Development Coce for the Collier County Planning :ommission; and f. WHEREAS, all interested pasties have been given opportunity to be heard by this Board in a public meeting assembled end the Board having ` considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, 'lorida that: I W�l ED!, The petition filed by Mr. Robert F. Rogers, of Cummings & Lockwood representing Sunrise Academy Private School, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference aerein be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates zoning district for a church in accordance With the Conceptual Master Plan (Exhibit "C") and subject to the following condi .ions: Exhibit "D" which is attac -ied hereto and incorporated by reference 'ierein. BE IT FURVIER RESOLVED that this Resolution b,! recorded in the minutes of this Board. Commissioner Constantine r offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Mac'Kie and upon roll call, the vote was: �.r AYES: Commissioner Constantine Commissioner Mac " ie, Commissioner Hancock,, and Commissione Matthews NAYS: r Norris, ABSENT AND NOT VOTING: ; ABSTENTION: ` Done this 12th day Of September -995. ATTEST: DWIGHT{ E.., BROCK *, CLERK J APP OVED *- AS T ' I FORM AND SFLE AL.0 NCICE: MARJ IZ M. STUDENT P-SSISTANT COUNTY ATTORNEY CU -95 -6 RESOLUTIttt /14515 BOARD OF ZONING APPEALS COLLIER COUNT , FLORIDA BY: ETTYE J. TFHEWS, CHA RMAN FINDING OF FACT Bi COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -95 -6 - SUNRISE ACADEMY The following facts are found: 1. Section 2.2.3.3.1. Code authorized the conditio 2. Granting the conditional use the public interest and will property or uses in the same because of: A. Consistency with the Growth Management Pl : Yes =No 13A p _ of the Land Devlopment nal use. will not adversely affect not adversely affect other district or neighborhood Land Development Code and 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 ingres & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: —,Z No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes -� - No Based on the above findings, this conditional use should, with stipulations, (copy attac'ed) (should not) be recommended for approval__ A-p4, DATE: CHAIRMAN: FINDING OF FACT CHAIRMAN /md/2/8/89 EXHIBIT "A" s 13a s 1 LEGAL North 1/2 of the North 1/2 of the Southeast 1/4 of Section 8. Township 50 South. Range 26 East Collier County. Florida. EXHIBIT "B" ' I I-5A I I 1 , I , ! I p€ l • ...5 114 _ Is fit co IM\MN ; _L— .....�1 I s II jet I� Is'� k 1i all '�t it 66 v, ee r tfjj= i -j cii ;'�ITt ;� i ;:;risiG n tlli ' •�..!.� �1 f 1il IL>i L�: . L i I -�', •� j • ' � \\ � I� i i I ;{! ii i �� 3s� i trip! all r-..w j• .ter! '��,.��t� i / \j.� I f £ 7N �i 4S� [ [; f ICU., \ % ►,�. �'' . �: �' ; � � � JAL iI !" iikt � t � I t,y fill j �� •..� ' ,, .. — — �. - -... —'rte — 2 ! lobe het,wrt �. e. !►rebit•et EXHIBIT "C" 13A 8 1 AGREEMENT I, Robert F. Rogers, as authorized agent for Petition CU -95 -6, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on August 3, 1995. PLANNING: a. The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91 -102). b. Prior to final site development plan approval, a note on the site plan shall indicate that all exotic vegetation, as defined by County Code, shall be removed from the site, and that the property owner shall be responsible for subsequent annual exotic removal. (CCLDC 3.9.6.6.5) C. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Compliance Services Department contacted. TRANSPORTATION: a. Arterial level street lighting shall be installed at the project entrance within 90 days of the approval of the conditional use. b. Under the two lane condition for County Barn Road, the applicant is r squired to install both left and right turn lanes in accordance with Ordinance 93 -64, Work Within the Right -of -Way, within 90 days of approval of the conditional use for a church. In consideration of the pending four -lane contract for County Barn Road, this Division recommends that compensating right -of -way be provided for the turn lanes and that the turn lane requirement be waived under the two -lane condition. EXHIBIT "D" 13A C. Under the four lane condition for County Barn Road, there is no median opening proposed to serve this property. The property driveway is 275' center -to- center from the nearest programmed median opening to the south. This location precludes a future median opening at this location per Resolution 92 -422, the Collier County Access Management Policy. P TITIO ER OR AGENT STATE OF FLORIDA COUNTY OF COLLIER r� The foregoing Agreement Sheet was acknowledged before me this day of _ a-t , 1995 by -Eo6ev� �. �S who is personally knowH to me or who has produced —FI.M _I�•� R cot- dole- fd -09� 0 as identification. (-§ignatuAb of Notary Public) NOTARY PUBLIC CHERYL L SOTER NOTARY PUBLIC STATE OF FLORID Commission # COMMISSION NO. C091315 My Commission EX b%*4MLSSIONEXP.AUG.15.1996 REPRESENTJ!VTIVI�' rb-R- CCPC STATE OF FLORIDA COUNTY OF COLLIER The foregoing greement Shee� was acknowledged before me this 3r_ day of 1995 by who is personally knowil to me or who has produced as identification. 14516 I (Signature of Notary Public) CL1-�4. NOTARY PUBLIC UFFICIAI. NOTARY SEAL CECILIA K MARTIN Commission # NCY'ARY i L:. l :C STAIE OF FLORIDA My Commission �t v i- X'��4L�fS1�,51V�; FXn, qpN 271999 14516