Resolution 2003-223
17 A'.~
RESOLUTION NO. 03 - 223
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE "2" FOR CHURCHES AND HOUSES OF
WORSHIP AND CONDITIONAL USE "4" FOR CHILD CARE
FACILITIES IN THE "RSF-3" ZONING DISTRICT PURSUANT TO
SECTION 2.2.4.3. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
24, TOWNSHIP 48 SOUTH, RANGE 25 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 zoning
of particular geographic divisions of the County, among which is the granting of Conditional Uses; and
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 Use "2" for churches and houses
of worship and Conditional Use "4" for child care facilities pursuant to Section 2.2.4.3 of the Collier
County Land Development Code in an "RSF-3" Zoning District 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
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 James M. McDonald of the Vanderbilt Presbyterian Church, Inc.
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 "2" and "4" of Section 2.2.4.3 Collier
County Land Development Code in the "RSF-3" Zoning District for a churchlhouse of worship
and a child care facility, respectively, in accordance with the Conceptual Master Plan (Exhibit
"C") and subject to the following conditions:
17A
Exhibit liD" 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.
Don,th;, ,).'1~ d'YOf~. ,2003,
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Approved Il~'tO'I~ ilild
Legal Sufficiency:
BOARD~F Z NING AP.PEALS
COLLIER C NTY, RIDA
BY:
TOM HENNING, CHAIRMA
~dn, ~t:-t
MarJon . Student
Assistant County Attorney
CU.2002.AR. 3054/FRJI 0
2
17A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-3054
The following facts are found:
1. Section 2.2.4.3.2 and Section 2.2.4.3.4 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 V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
V" 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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Yes~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: S../ ~ d '>
CHAIRMAN:
EXHIBIT "A"
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17A
Legal Description
Parcell:
The North 14.62 feet of the SE If. of the SW If. of the SW !4 of Section 24, Township 48
South, Range 2S East, Collier County, Florida.
Parcel 2:
The North Y2 of the SE If. of the SW If. of the SW If. less the North 147.62 feet thereof, of
Section 24, Township 48 South, Range 2S East, Collier County, Florida.
Parcel 3:
The North Yz of the South Y2 of the SE y. ofthe SW!4 of the SW !4 of Section 24,
Township 48 South, Range 2S East, Collier County, Florida.
And
Lot 21, Willoughby Place, according to the Plr.t thereof, as recorded in Plat Book 13,
Page 14, of the Public Records of Collier County, Florida.
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Exhibit "B"
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RE-SUBMlrr AL
CU-2003-AR-3054
PROJECT #2002080055
DATE: 3120/03
FRED REISCHL
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CU-2002-AR-3054
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CONDITIONS
1. The structure located at 1301 Piper Boulevard may be used for meetings,
programs, and as offices, subject to building permit review. Such structure shall
not be used as a childcare facility.
2. Homeless shelters, as defined by Division 6.3 of the Land Development Code, are
prohibited.
3. The subject property shall meet the applicable requirements of Division 2.4 of the
Land Development Code prior to the issuance of any building permits for the
structure(s) at 1301 Piper Boulevard.
4. The subject property shall meet the requirements for a sidewalk with pedestrian
connections as required by Section 3.2.8.3 of the Land Development Code prior
to the issuance of any building permits for the structure(s) at 1301 Piper
Boulevard.
5. The subject property shall meet the applicable requirements for handicapped
parking, pavement marking and traffic-control signage as required by the Land
Development Code prior to the issuance of any building permits for the
structure(s) at 1301 Piper Boulevard.
EXHIBIT "D"