Resolution 2003-427
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RECE.IVED
JAN 2 0 2004
RESOLUTION NO. 03- 427 Board of ~ount.\ Comllli 55 ioners
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE(S) NUMBERS 7, II AND 16 PROVIDING FOR
EXPANSION OF AN EXISTING CHURCH ALONG WITH THE
ADDITION OF A CHILD CARE CENTER AND ASSrSTED LIVING
FACILITY IN THE "A" RURAL AGRICULTURAL WITH MOBILE
HOME OVERLAY (A-MHO) ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTrON
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, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
Uses; and
zoning of particular geographic divisions of the County, among which is the granting of Conditional
WHEREAS, the Collier County 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 conditional uses 7, 11 and l6 of
Section 2.2.2.3 of the Collier County Land Development Code in the Rural Agricultural Zoning
District with Mobile Home Overlay (A-MHO) for the expansion of an existing church facility
conditional use along with the addition of a child care center and assisted living facility 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 2.7.4.4 of the Land Development Code for the Collier County Planning
Commission; and
in a public meeting assembled and the Board having considered all matters presented.
WHEREAS, all interested parties have been given opportunity to be heard by this Board
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition filed by Terrance L. Kepple, P.E., of Kepple Engineering, Inc. representing
St. Paul Antiochian Orthodox Church with respect to the property hereinafter described as:
Exhibit "B" attached hereto and incorporated by reference herein be and the same is
hereby approved for conditional uses 7, II and] 6 of Section 2.2.2.3 of the Land Development
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178
Code for property located in the A-MHO Zoning District for the expansion of an existing
church facility conditional use along with the addition of a child care center and assisted living
facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
Board.
BE IT FURTHER RESOL VED that this Resolution be recorded in the minutes of this
Done this a.. fI.Jl
This Resolution adopted after motion, second and majority vote.
day of D e.C e.fl\ b €or-
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Approved as toF'ormatid
Legal Sufficiency:
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Marjorj . Student
Assistant County Attorney
C U.2 003.AR. 39061RMIsp
,2003.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3906
The following facts are found:
I. Section 2.2.2.3.3.7. of the Land Development Code authorized the conditional use.
, Granting the conditional use will not adversely affect the public interest and will not
a,h'ersely 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 pal1icu]ar
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 _ 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 stipulations. (copy aIU.:'.,..
(should not) be recommended for approval
D.\TE:
:vlEMBER:
EXHIBIT A
, ?B
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Legal Description
All of the E 12 of the NE If. of the NE y. of the NW If., less theW 100' thereof, and less the N 100'
for State Highway # 846, and less the E 10' thereof of Section 30, Twp 48 S, Rng 27 E.
and
E 12 of the SE If. of the NE 114 of the NW If. less the E 10' thereof of See 30, Twp 48 S, Rng 27 E.
and
The W 100' of the E 12 of the NE If. of the NE If. of the NW 1/4, less the N 100' for R1W, See 30,
Twp 48S, Rng 27 E.
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RE-SUBMITT AL
CU-2003-An-3906
PROJECT #2001080013
DATE: 9/3/03
ROBIN MEYER
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III
CU-2003-AR-3906
CONDITIONS
I. The conditional use approval to allow a church and other places of worship shall be limited to
a maximum of 324 seats and a maximum of 13,000 square feet in two buildings, the day care
shall be limited to a capacity of 150 children and the assisted living facility shall be
limited to twenty units. The use is further limited to what is depicted on the
Conceptual Site Plan identified as "St. Paul's Antiochian Church" prepared by Kepple
Engineering, Inc., dated June 6, 2002, except as further conditioned below.
2. Approval of this conditional use permit shall not be construed as approval of the
attached conceptual site plan. The site plan shall be formally reviewed and approved
as part of the site development plan process.
3. The developer shall provide confirmation of access rights onto Rivers Road, pave the
entire length of Rivers Road from Immokalee Road to the southernmost property line
prior to the issuance of any certificate of occupancy. The developer shall provide a
paved apron from Immokalee Road onto Rivers Road to the right-of-way line prior to
the issuance of any certificate of occupancy.
4. A left hand turn lane shall be provided on Immokalee Road accessing Rivers Road.
5. The area shown as "Existing Vegetation to Remain" shall be preserved in its existing
state, except that exotic vegetation must be removed in compliance with Paragraph 6
below.
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6. An exotic vegetation removal, monitoring and maintenance plan shall be prepared that
when implemented will maintain the site exotic-free in perpetuity. The plan shall be
submitted to Department of Zoning and Land Development Staff for review and
approval as part of the site development plan submittal.
7. Should the parcel to the East develop before this parcel, the access point shall be re-
designed to align with the access point for the parcel to the East.
8. The childcare program shall take place in facilities located at the center of the subject
site.
CU-2003-AR-3906
Exhibit D