Resolution 1993-076
RESOLUTION 93--12
FEBRUARY 23, 1993
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
CHURCH, ACCESSORY USES TO A CHURCH, AND A CHILD
CARE CENTER CONDITIONAL USES It! THE RSF-3 ZONING
DISTRICT PURSUANT TO SUBSECTION 2.2.4.3.2 AND
SUBSECTION 2.2.4.3.4 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA.
WHEP~S, 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 publici 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
geographlc divisions of the County, among which is the granting of
Conditional Uses; and
WH~tEAS, 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 112"
and "4" j.n an RSF-3 zone for a church, accessory uses to a church, and
a child care center on the property hereinafter described, and has
:found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement has been made concerning all applicable matters required by
said regulations and in accordance with Subsection 2.7.4.4 of the Land
Developmont Code for the Collier County Planning Commission; and
WHD~EAS, all interested parties have been givpn opportunity to be
heard by this Board in a public meeting assembled and the Board having
considerl~d all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by David S. Moore of Wilson & Moore
Architec.t.s, Inc., representing First United Methodist Church of
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Q~S?-IT
FEBRUARY 23, 1993
Immokalee, Inc., with respect to the property hereinafter described as:
Exhibit liB" which is attached hereto and incorporated by reference
herein
be .and the same is hereby approved for Conditional Uscs "2" and "4" of
the RSF-] zoning district for a church, accessory uses to a church, and
a child care center in accordance with the Conceptual Master Plan
(Exhibit "e") and subject to the following conditions:
a. The CUrrent Planning Manager may approve minor changes in the
location, siting, or height of buildings, structures, and
improvements authorized by the conditional use. Expansion of
the uses identified and approved within this conditional use
application, or major changes to the site plan submitted as
part of this application, sha~l 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).
b. The Conceptual Site Development Plan and the Site Location
Map shall be revised to reflect the proper reference to
Roberts Avenue (Third Avenue) and the revised name of the
agent.
c. The new grassed parking area shall provide enough parking
spaces to accommodate the additional church seating.
d. Adequate drop-off and pickup areas for the child care center
shall be identified on the Site Development Plan.
e. This project shall be subject to Site Development Plan (SOP)
Approval in accordance with Division 3.J of the Collier
County Land Development Code.
f. This project shall be required to meet all County Ordinances
in effect at the time final construction documents are
submitted for development approval.
g. Landscaping shall not be placed within the water management
areas unless specifically approved by Project Plan Review.
h. Detailed water management plans and calculations, signed and
sealed by a Florida Professional Engineer, shall be provided
at the time of submission of the Site Development Plan (SOP).
i. The use of grassed surfaces, with a stabilized subgrade,
shall be limited to the parking spaces. All parking aisles
shall be paved. The stormwater calculations shall consider
all of the parking areas as impervious surfaces.
j. Connection to the existing water and se~~r facilities within
Roberts Avenue and N~nth Street North right-oi-way is
required and shall be completely illustrated on the final
site plans. Supporting engineering construction drawings,
showing location, contiguration, and size, shall be provided
at the time of SOP review.
k. A letter from the Immokalee Water-Sewer District stating that
the District has reviewed and approved the water and sewer
facilities construction documents for service to the project
shall be submitted prior to Final SOP approval.
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..f9 ~ -5 g'- /3
FEBRUARY 23, 1993
1. The developer shall provide a letter verifying compliance
with Collier County Ordinance No. 80-112 regarding the
availability and adequacy of sewer service for the project at
the time of building permit submission.
m. All native vegetation outside the building envelope shall be
retained in place (i.e., slash pines) and vegetation that can
be successfully transplanted (i.e., cabbage palms) shall be
incorporated into the landscape.
n. Driveways entering the subject site from Roberts AVenue shall
either be narrowed to 15 feet and made one-way or they shall
be widened to 24 feet to facilitate two-way traffic.
o. The driveway entering the subject site from Ninth Street
North shall be a width of 24 feet.
p. The Child Care Center shall only be operated by the Church.
q. The impact fees for the Child Care Center shall be paid once
a building permit is issued for the Child Care Center or once
an occupational license is obtained to operate the Child Care
Center, whichever occurs first.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
com.-uissioner
Constantine
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Norris
and upon roll call, the vote was:
AYES: COIJrnissioner Constantine, Commissioner Norris, Commissioner Volpe,
Cmmnissioner Matthews. and Commissioner Saunders
NAYS:
ABSENT ~~D NOT VOTING:
ABSTENTION:
Done this
21rd
day of
Fp.hruary
, 1993.
. ',.',-,
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BOARD OF ZONING APPEALS
COLLIER COUNT~~ F~DA
BY: ~&7
8I:1RT L. SAUNDERS. CHAIRMAN
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ATTEST:
DWIGHT E.
-.
BROCK, <;:lERl<
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APPROVED AS '1''0 FORM AND
LEGAL SUFFICIENCY:
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HARJO E M. STUDENT
ASSISTAN~r COUNTY ATTORNEY
CU-92-14 Resolution
nb/8850
J9~ 5 g-C-
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FEBRUARY 23, 1993
FINDING OF FACT
BY
COLLIER COUJlTY PLANNING COMMISSIOlI
FOR
A CONDITIONAL USE PETITION
FOR
CU-92-14
The fOllowing facts are found:
1. Se,::::tion 2.2.4.3 at the Land Devlopment
C~je authorlzed the condltlonal 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 Wi;;h he Land Development Code and
Growth Manageme Plan:
Yes No
- -
B.
Ingress and egress to property and proposed
structures ther~on with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe: 0
Adequate ing~es & egress
Yes"_ No_
Af~ec 5 neighboring properties in relation to
noi , glare, economic or odor effects:
No affect or Affect mitigated by
----- _____ Affec~not be mitigated
C.
D.
Compatibility with adjacent properties and
other property in t~e lstrict:
Compatible u within district
Yes No
- -
Based o~ the above findings, this conditional use should,
with stipulations, (copy at7tched) (should not) be
recommended for approval tjfffUtJA L. ~
DATE:~~ k 73 CHAIRMl>JL.:---===~ 1
'-/
FINDING OF FACT CHAIRMAN/md
EXHIBIT "A"
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FEBRUARY 23, 1993
LEGAL DESCRIPTION
Commencing at the Southeast comer of the Northeast One.Quarter (NEl/4) of the Northwest
One-Quarter (NWl/4) of Section 4, Township 47 South. Range 29 East run North along the
centerline of Ninth (9th) Street 2% feet to the Point of Beginning; thence West and parallel
with Second (2nd) Avenue 296 feet; thence South and parallel Vrith Ninth (5r..h) Street 296 feet
to the centerline of Second (2nd) Avenue; thence West along the centerline of Second (2nd)
Avenue 66.20 feet; thence North and parallel with Ninth (9th) Street 362.20 feet; thence East
and parallel with Second (2nd) Avenue 362.20 feet to the centerline of Ninth (9th) Street;
thence South along the centerline of Ninth (9th) Street 66.20 feet to the Point. 'Of Beginning.
~ntainjng 1.00 acres morc or~. Less Road Right..of-Way on the So1Jlh and E.1st side.
Commencing at the Southeast corner oC the Northeast one-quarter (NE1/4) of the Northwest
one-quarter (NW1/4) of Section 4, Township 47 South, Range 29 East for the Point oC
Beginning, run thence West 296 feeL, run th~nce North 2% Ceet; run thence East 2% feet, run
thence South 2% feet to the Point of Begir,ning. Containing 2 acres more or I~ Excluding
however a 30 foot Road Right-of.Way on the South and East sides of said parcel.
EXHIBIT 118"
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FEBRUARY 23, 1993
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