Resolution 2004-220
17G .,
RESOLUTION NO. 04 _ ..22.Q
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CHURCH, SCHOOL, GYMNASIUM AND ACCESSORY USES
CONDITIONAL USES "2" AND "3" FOR A CHURCH AND OTHER
PLACES OF WORSHIP AND A PRIVATE SCHOOL IN THE "RSF"
RESIDENTIAL SINGLE F AMIL Y ZONING DISTRICT PURSUANT
TO SECTION 2.2.4.3. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
28, TOWNSHIP 49 SOUTH, RANGE 26 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
Uses "2" and "3" of Section 2.2.4.3 of the Collier County Land Development Code in an
"RSF" Residential Single Family Zone for a church, school, gymnasium and accessory uses 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, identified as CU-2003-AR-4997, filed by R. 1. Ward, P.E., of Spectrum
Engineering, Inc. representing Bishop John 1. Nevins and the Catholic Archdiocese of Venice,
with respect to the property hereinafter described as:
Exhibit "B"
- 1 -
17G
attached hereto and incorporated by reference herein be and the same is hereby approved for
Conditional Uses "2" and "3" of Section 2.2.4.3 of the Collier County Land Development Code
in an "RSF" Residential Single Family Zoning District for a church, school, gymnasium, and
accessory uses 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.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote.
Done this ~), 01 day of 1 U/TJ t.. , 2004.
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ATT~:.)-."" . '. '.'
Dwf~~: ~ii~, C.'ERK
Attest. .~...to' -e~:~f
st~tlilt".J9Cl.l1. ....,\...
&( ~:!4,F.,~~.1Jc..
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY ~J ~f{
DONNA !ALA, CHAIRMAN
Approved as to Form and
Legal Sufficiency:
7U~001'~
MaIjo' M. Stude t
Assistant County Attorney
CU-2003-AR-4997/MBllo
Item # J,Y{ 6-
~;~;da ".22'0"-1
- 2 -
, 7G"~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3.ofthe Land Development Code authorized the conditional uses.
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:
~o 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
CHAIRMAN:
Based on the above fmdings, this condi .
(should not) be recommended for approv
DATE:
6/3 !of
{ l
EXHIBIT A
17G ,.,~
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
1 7G
i~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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
v'
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 Jffect or _ Affect mitigated by
L 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, (Exhibit "D")
(should not) be recommended for approval
MEMBER'~~P~
DATE: It - ;'" 6lf
EXHIBIT A
~ -~--..
17G
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSNE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDNIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
17G
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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. Consistenc/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.
Aff:~~~leighbOring properties in relation to noise, glare, economic or odor
effe¡ ~,.
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within diS~
yes/ No
Based on the above findings, this conditional use should, with stipulations, (Exhibit "D")
(should not) be recommended for approval
DATE:
MEMBER:
~f
EXHIBIT A
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE V ACA TED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
(~ ¡
t ~,,"
h'J
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17G
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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 vi" 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 ví No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/
\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
DA TE:~/3 ! 4
MEMBER:
~'(ì 'S('Òw~~t--
Based on the above findings, this conditional use should, wi stipulations, (Exhibit "D")
(should not) be recommended for approval
EXHIBIT A
Legal Description - CU-2003-AR-4997
" 7,' G "'1- ~;I
~,'
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSNE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
l7G
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
I. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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
v
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 y"'" 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
Yes'/ No
Based on the above findings, this conditional use should, with stipulations, (Exhibit "D")
(should not) be recommended for approval
DATE:¿} 3/ c4
MEMBER~
J.., '" iiJ'1 ~ Ii L...<-. r 4 1 f'I
EXHIBIT A
1"," ~"
, t l·
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17G ~
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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.
Consisten~th 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: .
L-~o 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~o
Based on the above findings, this conditional use should, with stipulations,
(should not) be recommended for approval
DATE:
¿;/S/o1
I ,
EXHIBIT A
,.. ~---- .__.~~.__._-_.~._-.._'"'
1 7G i~_~t~
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDNIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
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EXHIBIT "C"
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CONDITIONS OF APPROVAL
CU-2003-AR-4997
17G
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 Division 3.3, Site Development Plan Review and Approval,
of the Collier County Land Development Code, Ordinance No. 91-102.
2. A Type "D" landscape buffer shall be provided in lieu of the masonry or concrete
wall required by Subsection 2.6.11.4.2.
EXHIBIT "D"