Resolution 2005-134
RESOLUTION 05 - 134
RELATING TO PETITION NUMBER CU-2003-AR-4326
REQUESTING CONDITIONAL USE APPROVAL IN THE
VILLAGE RESIDENTIAL (VR) ZONING DISTRICT FOR A
CHURCH OR HOUSE OF WORSHIP PURSUANT TO
SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 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 Land Development Code
(Ordinance Number 2004-41, as amended) which establishes 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 elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Use approval under Subsection
2.03.04.Table 2, in the Village Residential Zoning District for a church or house of worship on
the property hereinafter described, and 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 10.08.00; 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, CU-2003-AR-4326, filed by Ronald F. Nino, AICP of Vanasse Daylor,
representing Dieudonne and Lunie Brutus, with respect to the property hereinafter described
in Exhibit "B" attached hereto and incorporated by reference herein, be and the same hereby is
approved for a Conditional Use pursuant to Subsection 2.04.03, Table 2 in the Village
Residential (VR) Zoning District to allow for a church or house of worship in accordance with
the attached Conceptual Site Plan, Exhibit "C", and subject to the conditions found in Exhibit
"D" which is attached hereto and incorporated by reference herein.
Page 1 012
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number CU-
2003-AR-4326 be recorded in thc minutcs of this Board.
This Resolution adopted after motion, second and super-majority vote.
Done this /._" k j day of >/) d It!/; ,2005.
ATTEST:
DWIGHT E BR0CK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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FRED W. COYLE, Cfl~~
Approved as to Form and
Legal Sufficiency:
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Assistant County Attorney
Attachments: A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions
Page 2 012
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COlli'TT'! :?~ANNING COMTIII:=c:-::
FOR
A CDNDITIONAL 1JSE PE:'IT:CI<T
CD-2003-AR-4326
The IDlio\ving facts are found:
.
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Section 2.6.3304.1 of the Land Development Code r.uthorized the conditional: ,se.
,
Granting the conditional use will not adversely affect the pubiic interest ::nd 'NllI not
adversely affect other property or uses in the same district ()r ::eighborhood :.ecause
of:
A.
Consistency witrthe Land Development Code 2.I1d GrmYlh .\lanagemem ?lan:
Yes.x. No
'3.
Ingress and egress to property and proposed :~trucUlrcs thereon .'v'ith ;Janlcular
reference to automotive and pedestrian safety and ,:onv<~nienc~, ~[J.rlic :10\\'
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes -.1L No
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~.
Affects neighboring properties in relation to noise, ~iare. "ConomlC or ')dor
effects:
~:"o affect or_ Affect mitigated by
AfIect cannot be mitigated
~). Compatibility with udjacent properties and other !'remen" :1 'he district:
Compatible use within district
Yes V No
,
32seci on lhe above findings, This conditional use 5houid. 'vi\h ~tiDulatLJ.-ns. i CODY ~~tt:.:;.cnecil he
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FINDING OF FACT
BY
CaLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
'!llC following facts are found:
I. Section 2.6.33.4.1 of the Land Development Code authorized the conditionalusc.
J Granting the conditional use will not adversely affect the public interest and will not
advcrsely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes (/ No
B. Ingress and egress to property and proposed structures thereon with particular
refcrcnce to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adcquate ingress & egress
Yes ,/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
,/ :\0 atfect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatlbility with adjacent properties and other property in the district:
Compatible use within district
Yes [/ No
i3ased on the above tlndings, this conditional use should, with stipulations, (copy attached) be
,ecommended for approval to the Board of Zoning Appeals.
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EXHIBIT A
FINDING OF FACT
BY
C:)LL.IER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
Tbe foiIowing facts are found:
1.
Section 2.6.33.4.1 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.
COM''''''', ~ 0.,,'''_' Code "'" Gw""" Mm'g_' P1m,
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 ~ess
Yesk No_
c.
., boring properties in relation to noise, glare, economic or odor
No affect or _ Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible u7in district
Yes No
8ased on the above findings, this conditional use should, with stipulations, (copy attached) be
,,,cummended for approval to the Board of Zoning Appeals.
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MEMBER:
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EXHIBIT A
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FINDING OF FACT
BY
COLLIER CDUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
TIle following facts are found:
1. Section 2.6.3304.1 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:
Yes .7- 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. Affccts neighboring properties in relation to noise, glare, economic or odor
effccts:
..!:i.. 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 stipulati ~ co.py a ched) be
-ecommcnded for approval to the Board of Zoning Appeals.
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EXHIBIT A
FINDING OF FACT
BY
COL':"'lER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
The following facts are found:
1. Section 2.6.33.4.1 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 L~evelopment Code and Growth Management Plan:
Yes N~
Ingress and egress to property and proposcd structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and conuol, and access in case of fire or catastrophe:
B.
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
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
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3ased on the above findings, this conditional use should;r.~tjp
~ecGmmended for apprO\'a] to the Board of Zoning Appeals.
Yes
No
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MEMBER:
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EXHIBIT A
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CV-2003-AR-4326
The following facts are found:
1. Section 2.6.3304.1 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:
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 fife or catastrophe:
Adequate ingress & egress
Yes v No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or Affect mitigated by
_ Affect cannot be mitigated
D. Compatibllity with adjacent properties and other property in the district:
Compatible use within district
Yes 0/ No
Based on the above tindings, this conditional use should, with stipulations, (copy attached) be
cecommended for approval to the Board of Zoning Appeals.
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MEMBER:~J f ~'--
EXHIBIT A
FINDING OF FACT
BY
COLLlER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
The following facts are found:
I. Section 2.6.3304.1 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:
YesA 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 A No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-L. "10 affcct or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yesi.., No_
Based on the above findings, this conditional use should, with s' ulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
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MEMBER:
EXHIBIT A
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FINDING OF FACT
BY
COLLIER {:OUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
The following facts are found:
!. Section 2.6.3304.1 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 t,Land Development Code and Growth Management Plan:
Yes.JL" No_
B.
Ingress and egrcss 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:
Adequatc ingress & egress
Yes.-..k( No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ 0 affect or _ Affect mitigated by
_ Affect cannot be mitigated
D, Compatibility with adjacent propenies and other property in the district:
Compatible use within district
Yesd No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
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MEMBER:;:i'''''I ~_
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4326
The following facts are found:
1. Section 2.6.33.4.1 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 & egrcss
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ 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
Yes1 No
3ased on the above findlngs, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
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CHAIRMAN:
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EXHIBIT A
LEGAL DESCRIPTION
CU-2003-AR-4326
LEGAL DESCRIPTiON
BEGINNING A T THE NORTHEAST CORNER OF THE
VEST 380 FEET OF THE EAST 1070 FEET OF THE
NORTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTIDN 4, TOVNSHIP 47
SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA THENCE RUN SOUTH ALONG THE EAST
BOUNDARY LINE OF SAID TRACT VEST 380 FEET
OF THE EAST 1070 FEET TRACT A DISTANCE OF
150 FEET TO THE POINT OF BEGINNING OF TRACT
HERON DESCRIBED; THENCE CONTINUING SOUTH
ALONG SAID EAST BOUNDARY LINE OF SAID TRACT
A DISTANCE OF 250 FEET; THENCE RUN VEST 120
FEET; THENCE l?UN NORTH 250 FEET, THENCE RUN
EAST 120 FEET TO A POINT OF BEGINNING. SAID
PROPERTY BEING ALSO DESCRIBeD AS LOTS 3, 4,
5, 6 AND 7, OF A MAP OF A SUBDIVISION
PROPOSED TO BE RECORDED UNDER THE NAME OF
LAKE VIEV PROPERTIES.
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CONDITIONS OF APPROVAL
CU-2003-AR-4326
I. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Tabernacle of Bethlehem Conceptual Site Plan," prepared by
Vanasse Daylor, last revised December 7, 2004. 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.
2. The Conditional Use is limited to the use of the existing building for a house of
worship. No expansion or enlargement of the existing building is permitted.
3. Parking within 3cd Street right-of-way is prohibited. All parking must be
contained on-site.
4. The Conditional Use approval is subject to compliance with any conditions or
stipulations placed upon the companion request petition, V A-2003-AR-4327.
5. The petitioner must seek development approval, i.e., SDP or SIP, for this
conditional use. The SDP/SIP plans must reflect all improvements depicted on
the sitc plan and the conditions noted above. A final local developer order (SOP
or SIP and building permits) must be issued before the building's use as a
church/house of worship.
Revised: 2/3/05 to Incorporate the Collier County Planning Recommendation
Exhibit D