Loading...
Resolution 2011-224RESOLUTION NO. 11- 224 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A RELIGIOUS FACILITY AND /OR CIVIC, SOCIAL AND FRATERNAL ORGANIZATION WITHIN A C -1 ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.03.A.1.c.4 AND 2.03.03.A.1.c.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED NORTH OF PINE RIDGE ROAD AND EAST OF GOODLETTE FRANK ROAD IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County 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. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a religious facility and /or civic, social and fraternal organization within a C -1 Zoning District pursuant to Subsections 2.03.03.A.1.c.4 and 2.03.03.A.1.c.5 of the Collier County Land Development Code on property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; 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: Petition Number CU- PL2011 -855 filed by D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. representing the Naples Area Board of Realtors (NABOR), with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for a religious facility and/or civic, social and fraternal organization within a C- NABOR CU / CU- PL2011 -855 Revised 11/07/11 1 of 2 I Zoning District pursuant to Subsections 2.03.03.A.1.c.4 and 2.03.03.A.1.c.5 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit "C ". Exhibits "A ", "B ", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super- majority vote, this 1��day of 2011. ATTEST: DWIGH;E;,1'(�f, CLERK -o' r BY: ;J ep ler Approved as to form and legal sufficiency: _LLJ kno��� Heidi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C — Conditions CP\ 1 I - CPS -011 13\29 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: L')- FRED W. COYLE, Ch ii man NABOB CU / CU- PL2011 -855 Revised 11/07/11 2 of 2 PROPERTY DESCRIPTION OFFICIAL RECORDS BOOK 1657, PAGES 1522 -1523 PARCEL IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA, RUN WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 10 FOR 1300.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTHERLY PARALLEL WITH THE EAST LINE OF SAID SECTION 10 FOR 850.00 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10 FOR 245.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID SECTION 10 850.00 FEET TO THE SOUTH LINE OF SAID SECTION 10; THENCE EASTERLY ALONG SAID SOUTH LINE FOR 245.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT S.R. S -31 RIGHT -OF -WAY, AND SUBJECT TO UTILITY EASEMENT TO CITY OF NAPLES, AS RECORDED IN OFFICIAL RECORDS BOOK 520 AT PAGE 821, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CPl l 1- CPS -01 EXHIBIT A [REPRODUCED FROM BOUNDARY SURVEY BY Q. GRADY MPNOR DATED 5/27/11] NABOR CU / CU -PL201 1 -855 .D o U r SI a I N N ZONED: , e LAND 'dSEA : PINE RIDGE MIDDLE SCHOOL z I, i "' Na ohm 4W bU Q (y011 W 0 1 N N N W II !TY WID TYPE E - PE A iG' WIDE N w BUFFER — rvaE A o^ i v N BUFFER W N O w a s a z _ 2 a M w a � N w� N 82.- w wa w W �h4aal W =N N W �N N W `' U w�Q w0 �w p 1 � I av°'i?N Npy 6� �U 3 z 1 w s X R �33 O # 1 K � K v O n 3 = Z O F_- 1 1 fN ��w�3 �ja m N m m co m 0 1 1 ® p a 1 - o P 1 a of 1 y` z � _ 1 w o z w 3sa a N U N N i WIDE pQ #�_ TYPE as o J C z y o° ° 1 o - BUFFER z c F 4 Y "aa w ° Z Z 1 Qo N z o u Hg a InJ ZNN U .G - i ° 1 RJR ° 1 z< Ydss Z° O OI x e� 10' WIDE 1 o g z w TYPE A 1 S' BUFFER a .8 - INGRESS/EGRESS EASEMENT OR 1737 PG 2296 DE 1 '0' �p TYPE E A A 6 & 1 BUFFEP V 5' WIDE I � � I � I � i � � ! I —� 1 TYPE A o �U BUFFER 1 �-- o w o I 1 Q a 1 c m �; J �.. " a av08 30018 3NId e e — — ZONED: MOOPINGS PARK ESTA ?ES PUD .AND USE. RESDENT;AL U r; x W CONDITIONS FOR APPROVAL FOR CU- PL2011 -0855 The following conditions are applicable to Conditional Use numbers 4 and 5 of the C -1 Zoning District: 1. The hours of operation for the conditional uses at 1455 Pine Ridge Road are: 7:00 a.m. to 12:00 a.m. (midnight), Sunday through Saturday. 2. For any of the approved conditional uses located at 1455 Pine Ridge Road, outdoor music or entertainment shall cease at 9:00 p.m. Sunday through Thursday and 9:30 p.m. Friday and Saturday. 3. The number of seats in any Church, civic, social and fraternal uses at 1455 Pine Ridge Road shall be limited to 295 seats. 4. As stated in the petitioner's application, the Church services will occur during off -peak hours. EXHIBIT C