Resolution 2006-003
RESOLUTION NO. 06- ~
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE PURSUANT TO SECTION
2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) FOR THE PROPERTY
TO BE USED FOR A CHURCH FACILITY IN THE
RURAL AGRICULTURAL (A) ZONING DISTRICT,
FOR A 18.I-ACRE PROPERTY LOCATED IN SECTION
30, TOWNSHIP 48 SOUTH, RANGE 27 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, pursuant thereto rhe County has adopted a Land Development Code
(Ordinance No. 04-41, 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, 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
the proposed Conditional Use, allowed by Section 2.04.03, Table 2 of the Collier Counly
Land Development Code, in the Rural Agricultural (A) zoning district to be used for a
Church Facility on the property hereinafter described, and the Collier County Planning
Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 1O.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:
The petition filed by Laura Spurgeon of Johnson Engineering representing Living
Word Family Church with respect to the property described as the West Y2 of the East Y2
of the West Y2 of the Northeast t;.lless the South 10' thereof and the North 10' thereof for
road right-of-way of Section 30, Township 48 South, 27 East, Collier County, Florida,
less and except the right-of-way of Immokalee Road (County Road 846) as recorded in
Official Records Book 3252, Page 230 of the Public Records of Collier County, Florida,
further described as Folio number 00214920002, be and the same is hereby approved for
a Conditional Use allowing a Church Facility, as allowed by Section 2.04.03, Table 2 of
Page I of 2
the Collier County Land Development Code in the Rural Agricultural (A) zoning district
in accordance with the Conceptual Master Plan (Exhibit "B"), subject to the conditions
set forth in Exhibit "C", which is attached hereto and incorporated by reference herein.
This Resolution
,
rl
I t. day of
aclopted after motion, second and super-majority vote, this
1 it 4( G ,2006.
/
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
/uJ-w. ~
Fred W. Coyle ,Chw a
ATTEST:.
DWIGHT E. BRGCKCLERK
W, t-OC
At~li~,Dto thl~~n"
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Ap ro
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o form and
~
tzkow
nty Attorney
CLJ-2005-AR-7749/HW/sp
Page 2 of 2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-7749
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
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 with the Land Development Code and Growth Management Plan:
YesL 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:
No affect or 1 Affect mitigated by ~ .ubtvlY"Q./~~
_ 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 attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: Ifr i /0;)
CHAIRMAN:
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EXHIBIT A
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,COLLIER COUNTY,
FLORIDA
IMMOKALEE ROAD
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ENGINEERING
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LIVING WGRD FAMILY CHURCH
CONCEPTUAL SITE PLAN
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05(20/05
EXl-IIaITQ
CONDITIONS OF APPROVAL
CU-2005-AR-7749
I. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Living Word Family Church Conceptual Site Plan," prepared by
Johnson Engineering, dated May 20, 2005. The site plan noted is conceptual in
nature for conditional use approval. The final design must be in compliance with
all applicable federal, state and county laws and regulations. The Department of
Zoning and Land Development Review Director may approve minor changes in
the location, siting, or height of buildings, structures, and improvements
authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use
approval, or major changes to the approved plan, 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 Chapter 10.02.03, Site
Development Plan Review and Approval, of the Collier County Land
Development Code, Ordinance 04,41, as amended.
3. The project must obtain an environmental resource permit from the South Florida
Water Management District (SFWMD) prior to issuance of any site plan
approvals.
4. The applicant will provide, at the County's request, a wellsite easement located in
a previously impacted area in the southeast portion of the subject property
measuring approximately 50 feet by 70 feet, to be accessed via the Cannon
Boulevard access easement. The County will obtain all necessary South Florida
Water Management District permits associated with utilization of the site for the
requested purpose.
5. Services will be limited to evenings, weekends and holidays until the Immokalee
Road (CR 846) widening project is complete from Wilson Boulevard to Collier
Boulevard (CR 951).
6. No day care facilities are approved as a part of this Conditional Use petition.
EXHIBIT "c"
CU-2005-AR-7749
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