Resolution 1983-193Fes""'
%ve!Tber 1. 1983
RESOLUTION 83— 1Q3
RELATING TO PETITION NO. PU- 83 -17C
FOR PROVISIONAL USE OF PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapters
67 -1246 and 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 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 Coastal Area 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 regulations made and
provided, and has considered the advisability of Provisional Use "c"
in a A -2 zone for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement has been made
concerning all applicable matters required by said regulations and in
accordance with Section 13 - Id of the Zoning Regulations for the
Coastal Area Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in 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 of Florida Conference United
Church of Christ, Inc. with respect to the property hereinafter described
as:
See Attachment A Legal Description
BOOK U (8,�-418
n,
Novelrber 1, 1983 ,,
be and the same is hereby approved for Provisional Use "c" of
the A -2 zoning district for a church subject to the following conditions:
See Attachment B Agreement
BE IT F11RTHER RESOLVED that this resolution be recorded in the minutes
of this Board.
Commissioner Pistor offered the foregoing resolution
and moved its adoption, seconded by Commissioner Holland
and upon roll call, the vote was'
AYES: Cormissioners Pistor, Holland, Voss, Brawn and Kruse
NAYS: None
ABSENT AND NOT VOTING: None
ABSTENTIC` ',: None
Done this 1st day of Noyerlber 1983
BOARD OF ZONING APPEALS _
COLLIER COUNTY FLORIDA
aY:
$7/g ERK
`' r '•, �:• APPROVED I0 FORM AND LEGAL SUFFICIENCY
4r.
_ BURT SAUNDERS, COUNTY ATTORNEY
CAPC P.U. Resolution
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tbverber 1, 1983
ATTAGIMENT A
LEGAL DESCRIPTION:
Commencing at the intel:section of the East -West
k section line of
and the eastern Section 9, Township 48 S,, Range 25 E.,
as monumented by right -of -way line of SR -45 (U.S. Highway 41
ae a place of bginning; the Department of Transportation, )
a10ng the eastern right-Of-way in a Northerly direction
a distance as 40n rig y line of SR -45 (U.S. Highway 41
Parallel e and * thence in an easterly direction )
P section o, Ia distance of 400.00' from, the East -West
a distance of 545.001. henCeTinnship 48 S., Range 25 E.,
parallel to a distance of � Southerly direction,
ri�c -ef-vq Iiae of s, SbS•00 ire, the easterly
400.00'; thence in a westerly 4 5 (U.S. Highway 41) a distance of
k section line of Section direction along the East-West
5 acres r less place of beginningRange
more or less. 8• Containing
soox U v%,.,�
n
600K 078f'a' !.420
AGREEMENT
November 1, 1983
I, Florida United Conference United Church of Christ, Inc., as owner
or authorized agent for Petition PU- 83 -17C, agree to the following stipulations
requested by the Coastal Area Planning Commission in their public hearing
on October 20, 1983.
A. The elevation of the control culverts under the road between the two
cypress heads be set at either ground elevation or at the highest
periphyton level that is evident, in the north pond.
B. Areas indicated as the seasonal flow, the one north of the culverts
to the cypress head and the one between the two cypress heads be left
at existing ground elelvation and in their natural vegetation.
C. Precautions be taken to protect border vegetation on all cypress
heads and that any vegetative access inhibitor along the border be
comprised of native vegetation.
D. The Petitioner submit detailed site drainage plans to the County
Engineer for review. No construction permits shall be issued unless
and until approval of the proposed construction in accordance with
the submitted plans is granted by the County Engineer. Site drainage
plans shall be designed in accordance with the attached Water Management
Guidelines.
PETITIONER OR AG NT
REERE TA I FOR CAPC
SWORN TO AND SUBSCRIBED BEFORE ME THIS _� ��yC
DAY
OF cwt a ��.✓ 1983.
NOTARY
i
SEAL Notary Wt. Slate of PoNwe
MY COMMISSION EXPIRES: M/ caemiswe wins J* 5,1965
PU- 83 -17C Agreement Sheet
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=7
November 1, 1983
FINDING OF FACT
BY
COASTAL AREA PLANNIING CO'.iMISSION
FOR
A PROVISIONAL USE PETITION
FOR
PO- 93 —OC-
The following facts are found:
1. section %•'? 6.3)(C) of the, Zoning Ordinance authorized
the provisional use.
2. Granting the provisional use will not adversely affect
other property or uses in the same district or neighborhood "
because of:
A. General corpliance with the Comprehensive Yes
Plan:
1,10 ( )
r. Ingress and egress to property and proposed Yes (�
structures thereon with particular reference
to automotive and pedestrian safety and
convenience, traffic flow and control, and
access in case of fire or catastrophe:
C. Affects neighboring properties in relation to Yes ( )
noise, glare, economic or odor effects: No (yf
D. General compatibility with adjacent proocrtics
and other property in the district: Nos (�
Based on the above findings, this provisional use shOLLd, wilut
Stipulations, (copy attached) (should 11ot) be reco:rfencec? :or
approval
DATE:
Member •
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b00K ��pY.r� x