Ordinance 92-027 AN ORDINANCE PROVIDING FOR ~E ESTABLIS~T
A ~ ~NDITION~ USE iN ~E "A" ZONING
DI~ ~R PROP~ ~TED IN SE~iON 1.
F~RI~ BY ~T~SHING ~E RE~TIONSHIPS -~
B~ O~IN~CES ~D RESOL~IONS G~ING
~ITION~ USEO~ ~D BY PROVIDIN~ ~ EFFE~IVE
DATE ·
~ ~S, ~e ~i~lature of ~e S~ate o~ Florida ~n Chap~or
67-1246, ~ of Florida. and ChapteT 12~, Florid~ Statu2es,
conf~ed on Collier County.~e power to establish, coordinate a~d
~force zoning and such bus,ness re~latio~s as are necessa~ for
~e pro~e~on of ~e publ~c~ and
~S, ~e County p~suant ~ereto has adopted a ~nd
~lopment C~e (O~[nanoe No. 91-102} wh~ ~cludes a
Compr~ens~ve Zoning Ordinance establishing re.la,ions for the
zoning oE pa~i~lar ge~aphio divisions of the County, among
,.. ~ ~ ~e ~ant~ng of Conditional Uses~ and
~S, ~e Collier County Planning Co~ission, being
~ly ap~nt~ and oonst~tu~ planning ~a~ for the area
alleged, has held a public hearing after not~ce as in said
~lat~ons ~ade and provided, and ha~ considered the
of Cond~tional Use "6" ~n an "AC zone "for a church on ~e pro~y
h~e~naf2er desc=~d, and has f~und as a ma~2er of fac~ (~12
mA~) ~a~ sat~sfacto~ provision and arrangemen= has been made
conc~ng all applicable matters re~ired by said re~lations and
~n a~o~anae wl~ Subsection 2.7.4.4 of ~e ~nd Developmen~
~, all interested ps.its have ~en given op~r~unity to
~ he~ ~ ~i~ B~rd in a public meeting asse~led and ~e Board
~ving considered all ma~ers presen=ed.
N~, ~~ BE IT O~AINED, BY ~E BO~D OF ZONING
.~]OH ONE= Grant of Conditional Use.
:,' The petition fllad by Dr. Neno J. Spagna of Florida Urban
Institute, Inc., representing Greek Orthodox Church of Naples and
Vicinity, Inc., with respect to the property hereinafter described
North 1/2 of the Northwest 1/4 of the Northwest 1/4 of the
Southwest 1/4 of Section 1, Township 49 South, Range 25 East,
Collier County, Florida· Lees the Westerly 100 foot for road
right-of-way.
"be and the same is hereby approved for Conditional Usa "6" Of the
"Aw sorting district for a church in accordance with th~ ConcePtual
Master Plan (Exhibit "B") and subject to the following
Exhibit "C" which is attached hereto and incorporated by
reference herein.
SECTION TWO: Relationship Between Ordinance and Resolution
Granting Conditional Use.
In the event that it should be determined that the grant of
conditional uses should be by resolution, then this Ordinance shall
constitute a resolution for such purpose.
SECTION THREE: Effective Date.
This Ordinance aha11 become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed with
the Secr~ary of State.
PASSED AND DULY ADOPTED by the Board of Zoning Appeals of
Collier.County, Florida, this . ~-- day of
ATTESTS ..' ]. ':~ BOARD OF ZONING APPEALS
f~u~s c.
COLLIER COtlNTY,, FLORIDA
, CHAIRMAN
as to form and
~sis~n~ Co~ty Attorney
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COM~ISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section~ of the Land Development
Code authorized the ~1 use.
2. Granting the conditional 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 wi~h the lJand Development Code and
Growth Management 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 ingress~ egress
Yes ~ No
C.Affects neighboring properties in relation to
noise, glare, economic or odor effects:
c---~o affect or __Affect mitigated by__
__Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatibl9 us~ithin district
Yes ~ No
Based on the above findings, this conditional use should~
with stipulations~attached) (should not) be
recom=ended for ~__ · ~
~ MEMBER:
DATE: '2..--
ACTING
FINDING OF FACT MEmBER/md
EXHIBIT
~o,~ 052,,~ 300
Il
I, Dr. Neno J. Spagna of Florida Urban Institute, Inc., as
authorized agent for Putition CU-91-22, agree to th~ following
stipulations requested by the Collier County Planning
- Commission in their public hearing on April 2 1992
~lannin~ Services:
a. The Planning 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
(91-102).
Water Manaaamant and En~inear~
a. Design and construction of all improvements shall be
.:. subject to compliance with the appropriate provisions of
the Collier County Land Development Code.
b. Prior to final construction plan approval, a 20 ft. wide
strip of land along the eastern edge of the Airport Canal,
measured from top of bank, shall be reserved for use as an
,. easement for maintenance purposes, as required by the Big
Cypress Basin (South Florida Water Management District).
a. Prior to final site development plan approval or final
· construction plan/plat approvals, the applicant shall
submit all Federal, State, and Local jurisdictional
determinations and permits, waivers/exemption
determinations that may relate to or affect the design and
~ layout of said final site development plans or final
· . .construction plans/plats.
EXHIBIT "C"
-1-
b. Jurisdictional wetlands and/or mitigation areas shall be
designated as conservation/preservation tracts
easements on the final site development plans or final
conmtruction plans and shall be recorded on the plat or
within the public records of Collier County, with
protective covenants as per or similar to Chapter 704.06
of the Florida Statutes.
c. All proposed mitigation for wetland impacts to Collier
County Jurisdictional wetlands shall comply with Appendix
7 of the South Florida Water Management District rule~ and
be subject to review and approval by the Project Review
Services Envlronm~ntal Staff.
TransDortatio~
a. The petitioner shall demonstrate legal access to the
proposed sits.
b. The site plan am submitted is incomplete. There is no
pro])erty boundazy shown. Th~ indication of the centerline
location of Airport Road is inaccurate. Please revise
accordingly.
c. A northbound right turn lane will be required along with a
dedication of compensating right-of-way. Because of the
canal location, we will require an additional easement for
maintenance along the east side of the canal.
d. Guardrail will be required along the right turn lane due
to the proximity of the canal.
e. The existing culvert pipes will have to be replaced with a
box culvert structure capable for carrying both
construction and automobile traffic. The culvert will
also have to be capable of allowing free flow conditions
in the canal. Such design must be signed and sealed by a
Professional Engineer registered in the State of Florida.
Fire:
a. The petitioner shall provide fire hydrant location and
water main size prior to SDP approval.
b. The porte cochere shall be a minimum of 14 feet in height.
PETITIONF~ OR AOENT
State of Florida
County of Collier
.... 7%The forsgoi}lg Agreument Sheut was acknowledged b~fore me this
~- day of ~/.- , 1992 by ~//z.,, ~' S~wC~. , who is
personally ~o~ to me ~~u~ .- ' ~
~ignature of Notary Public)
(Print ~am~ of ~otary ~ubli=)
NOT~Y P~LIC
My Co~ission
R~RES~TATIVE FOR CCPC
State of Florida
:,,County of Collier
. wThe foregoing Agreement Sheet was acknowledged before ms this
psrsonally known %o me or&~
~-ide~tJ~f4ca~ and who~(~t) take an oath. ~
~i~naturs of Notary Public) --
SEAL .,, ~f/.~ ~ f~:% 6 ~Jd-
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #~g7 ~g~
My Commission Expires:
CU-9 eh2 2 AGREEMENT SHEET/md B~"Y ~D~ ~%~l~&u~ ~.M~,~.{~W~
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clark of Courta tn and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 92-27
which was adopted by the Board of County Commissioners on
the 28th day of April, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
d~y of April, 1992.
JAMES C. GILES ~.~.' .....
C]~rk of Courts and Cl~.'
Ex-.afftclo to Board of/~/5... '.. ~
County Commissionerso ~ ' ~
Deputy Clerk