Resolution 2005-401
7 B
RESOLUTION NO. 05- 401
A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING
FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A
CHURCH AND OTHER PLACES OF WORSHIP IN THE "RMF-6"
ZONING DISTRJCT PURSUANT TO TABLE 2 OF SECTION 2.04.03
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
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 COWlty the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the COWlty pursuant thereto has adopted a Land Development Code
(Ordinance No. 04-41) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the COWlty, among which is the
granting of conditional uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
plamung 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 for a
church as provided for in Table 2 of Section 2.04.03 of the Collier COWlty Land Development
Code in a RMF -6 Zoning District 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 Chapter 10.08.00 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, identified as CU-2003-AR-3573, filed by Kelly Smith, of Davidson
Engineering Inc. representing the Independent Haitian Church of God stating with respect to the
property hereinafter described as:
Exhibit liB II
which is attached hereto and incorporated by reference herein be and the same is hereby
approved for a Conditional Use as provided for in Table 2 of Section 2.04.03 of the "RMF-6"
Zoning District for a church and other places of worship in accordance with the Conceptual
Master Plan (Exhibit "C") and subject to the following conditions:
7 E
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
/iI) Aft) J {fl}1 0 e/
Done this I::; day of ,2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: ~.1- W~
FRED .. COYLE, C
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MaIj o' M. Student - S4i V' ("/1.5
Assistant County Attomey
Attachments: A. Findings of Fact
B. Legal Description
C. Site Plan
D. Proposed Conditions
7 B
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3573
The following facts are found:
3. Chapter 2.04.03. of the Land Development Code authorized the conditional use.
4. 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 '01- 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
Yes01:Jo
,::r-- -
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
--r;;l--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
YesL No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval /~
//'~
DATE: R.~ dJ--
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EXHIBIT A
._-'-- - ._~
7 B
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3573
The following facts are found:
1. Chapter 2.04.03. 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 fire or catastrophe:
Adequate ingress & egress
Yes / No -
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: No affect or ~ect mitigated by f2Y Tftkl Ns, CJ/1&: or;
- Affect cannot be mitigated PRop 8Jt2.. nJ
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)
(should not) be recommended for approval
1/IP/OS- M.tJt4~~ IJh?Yl~ ~~vf ~
DATE: GIIAIRJvlAN:
FINDING OF FACT
EXHIBIT A
... ..'".....
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3573
The following facts are found:
3. Chapter 2.04.03. of the Land Development Code authorized the conditional use.
4. 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 ~ 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 fire or catastrophe:
Adequate in~ egress
Yes~ No_
C. oring 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 US~strict
Yes_ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
/' Uf}d
DATE: /0/ ft;/ OJ MEMBER:
EXHIBIT A
._,_.~
.----
I
7 81
FINDING OF FACT
BY
COLLmRCOUNTYPL~GCO~S~ON
FOR
A CONDmONAL USE PETITION
FOR
~-2003-AJl-3S73
The foDowing facts are found:
3. Chapter 2.04.03. of the Land Development Code authorized the conditional use.
4. 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 fire or catastrophe:
Adequate ingress &, egress
Yes I No -
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
vi 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, wi stipulations, (copy attached)
(should not) be recommended for approval
DATE: \O/4,/r- MEMBER: r
I . \3)1bO ~#i...-
~ EXHIBIT A
, ---~-"
.
-, B
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3573
The following facts are found:
3. Chapter 2.04.03. of the Land Development Code authorized the conditional use.
4. 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 t/' 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 VNo -
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 adj acent properties and other property in the district:
Compatible ~n district
Yes~No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE: 1 D / L 1 t1J s- MEMBER:~ ~
EXHIBIT A
w_.___' "-"'--'
1 B
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3573
The following facts are found:
1. Chapter 2.04.03. 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-1L 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
/ ,
Q Yes - No ,/
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~'No affect or _ Affect mitigated by
_ Affect cannot be mitigated
G) 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)
(should not) be recommended for approval CHAIRMAN: Il~. k
DATE: fO/ ;~ /0 f'
FINDING OF FACT
EXHIBIT A
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7 B
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3573
The following facts are found:
3. Chapter 2.04.03. of the Land Development Code authorized the conditional use.
4. 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 fire or catastrophe:
Adequate ingre.ss & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/
No affect or L Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within 7'
Yes_ No_
, / ~~'
DATE: J~t&r(fJ MEMBER:
EXHIBIT A
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7 E
Conditions of Approval
CU-2003-AR-3573
1. 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. 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 No. 04-41,
as amended.
2. The companion Site Development Plan (SDP-04-AR-6272), which details the
requested parking reduction and has satisfactorily completed regulatory review
from County staff, is authorized for approval with the approval of this conditional
use.
3. The current owner and all future owners of the church facility authorized by this
conditional use shall continue to utilize private bus service to transport patrons to
and from the facility. This requirement is based upon the parking reduction
associated with the conditional use approval.
4. The current owner and all future owners of the church facility authorized by this
conditional use shall maintain the required landscaping per code, and as evidence,
they shall submit an executed contract to provide landscape maintenance on the
church property with a landscape maintenance company to the Department of
Zoning and Land Development Review.
EXHIBIT "D"
-- pq .-- --_._._"'''~
7 B
Conditions of Approval
CU-2003-AR-3573
1. 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. 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 No. 04-41,
as amended.
2. The companion Site Development Plan (SDP-04-AR-6272), which details the
requested parking reduction and has satisfactorily completed regulatory review
from County staff, is authorized for approval with the approval of this conditional
use.
3. The current owner and all future owners of the church facility authorized by this
conditional use shall continue to utilize private bus service to transport patrons to
and from the facility. This requirement is based upon the parking reduction
associated with the conditional use approval.
4. The current owner and all future owners of the church facility authorized by this
conditional use shall maintain the required landscaping per code, and as evidence,
they shall submit an executed contract to provide landscape maintenance on the
church property with a landscape maintenance company to the Department of
Zoning and Land Development Review.
EXHIBIT "D"
.'--~ "-~--- -'''~- .. - ,~--,_..""
? B
Le2al Description- CU-03-AR-3573
Guilford Acres Block A, Lots 5 and 6
EXHIBIT "B"
,.".....- ----~--