Resolution 2002-162
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RESOLUTION NO. 02-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
CHURCH, CONDITIONAL USE "2" OF THE ttRSF-3 ZONING
DISTRICT PURSUANT TO SECTIONS 2.2.4.3. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY
LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5:t
ACRES.
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" of Section 2.2.4.3. of the
RSF-3 Zone for a church 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 &iven opportunity to be heard by this Board
in a public meeting assembled and the Board h~ving considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appealiof Collier
County, Florida that:
The petition filed by Kathy Morgan of Land Development Consultants, representing The
Church of Jesus Christ of Latter-day Saints, with respect to the property hereinafter described as:
Exhibit "B"
which is attached hereto and incorporated by reference herein be and the same is hereby
approved for Conditional Use "2" of Section 2.2.4.3 of the "RSF-3" Zoning District for a church
in accordance with the Conceptual Master Plan (Exhibit "Ctt) and subject to the following
conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
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BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this ~ (,-#. day of ~~
,2002.
BOARD OF ZONING APPE
COLLIER CO , FL
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.' .,~pWn'.m+rE;BROCK, Clerk
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Approved as to Form and
Legal Sufficiency:
BY:
JAME
mCl~I1-U- m.~
Marjo' M. Student
Assistant County Attorney
CU-200 I-AR-1414IrR/lo
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F1NDING OF FACI'
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
~-2001-~-1414
The following facts are found:
1. Section 2.2.4.3.2 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-L 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 ~ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes-L.. No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval to the BZA.
aIAIRMAN: Kt~
DATE:
Exhibit "A"
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Legal Description
for Conditional Use Request
The Church of Jesus Christ
of Latter-Day Saints
A PARCEL OF PROPERTY BEGINNING AT IRON STAKE
AT THE INTERSECTION OF STATE ROAD 29 AND THE
SOUTH CORNER OF GLIDDEN PROPERTY, SOUTH
00053'41" EAST, A DISTANCE OF 370.56 FEET, THENCE
SOUTH 89002'05" WEST, A DISTANCE OF 700.00 FEET,
THENCE NORTH 01053'41" WEST, A DISTANCE OF
371.42, THENCE NORTH 89006'19" EAST, A DISTANCE
OF 700.00 FEET TO THE POINT OF BEGINNING. ALL
LYING AND BEING IN THE NE 1/4 OF THE NE 1/4 OF
SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA.
Exhibit "B"
~-2001-AJl-1414
PROJECT #2001080025
DATE: 9/5/01
FRED REISCHL
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CU-2001-AR-1414
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II 4.300 S.F -J,I
ADDiTION
12.728 S.F CHURCH
TYPE V CONSTRUCTION
HEIGHT <. 35 FEEl
FiRE SPRINI<:LED
Ff,[l, ~ 3700
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EXHIBIT "C" (page one of two)
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EXHffiIT "e" (page 2)
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CU-2001-AR-1414
1. A sidewalk, six feet in width, along SR 29, from the north property line to the
south property line, shall be depicted on the Site Development Plan.
2. Prior to approval of the Site Development Plan, the petitioner shall submit a
Traffic Impact Statement to the Planning Services Director.
3. Prior to approval of the Site Development Plan, the petitioner shall submit a copy
of the Florida Department of Transportation Right-of-Way Permit to the Planning
Services Director.
4. A parcel, 0.82 acres in size, shall be depicted on the Site Development Plan as
preserve area. Preserve area calculations shall be provided on the Site
Development Plan.
5. The petitioner shall depict all landscape buffers and other required landscaping on
the Site Development Plan in accordance with Land Development Code Division
2.4.
6. Prior to approval of the Site Development Plan, the petitioner shall submit the
following: stormwater calculations signed and sealed by a Florida professional
engineer, legal proof that the adjacent property owner to the west will allow
stormwater discharge from the proposed project onto his/her property, evidence
that the maximum allowable discharge rates shall be per Ordinance 90-10 (as
amended), and a copy of the South Florida Water Management District permit,
permit modification or waiver.
EXHIBIT "0"