Resolution 1994-402
RESOLUTION 94- 402
JUliE 7. 1994
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE 112" IN THE RSF-3 AND RSF-4 ZONING
DISTRICTS PURSUANT TO SECTION 2.2.4.3 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 8, TOWNSHIP 52 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
II
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 112" of Section 2.2.4.3 in the RSF-3 and RSF-4
zones for a church on the property hereinafter described, and has
found as a matter of fact (Exhibit IIAII) 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 Development Code for the Cvllier 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 Victor E. DeKonschin of DeKonschin &
Assoc., Inc., representing United Church of Marco Island with
respect to the property hereinafter described as:
600(
oeo PAG[ 60
JUNE 7, 1994
Tract "C" and Lot 1, Block 80, Lot 19, Block 81 and vacated
Romano Terrace, Marco Beach Subdivision, Unit 3, as recorded
in Plat Book 6, Pages 17-24 of the Public Records of Collier
County, Florida.
be and the same is hereby approved for Conditional Use "2" of
section 2.2.4.3 of the RSF-3 and RSF-4 zoning districts for a
church in accordance with the Conceptual Master Plan (Exhibit "B")
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, 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).
b. That the applicant provide shielding for the parking lot
lights to prevent light and glare from reflecting onto
the adjacent residential lots.
c. That the southerly ingress and egress entrance points
located at both ends of the vacated Romano Terrace be
removed.
d. Arterial level street lighting shall be provided, if none
presently exists, at the North Barfield Drive access
point and the easterly access points on both Briarwood
Court and Barbados Court.
e. There is an auxiliary parking lot on the northwest corner
of North Barfield Drive and Briarwood Court. This lot
has access points on both Briarwood and North Barfield.
The access to this lot should be changed to permit only
access by way of Briarwood Court.
f. The County reserves the right to eliminate the private
driveway on North Barfield Drive should safety or
capacity conditions warrant such action in accordance
with the determination of Collier Co~nty.
g. Roadway Impact Fees shall be paid on the basis of the fee
schedule in Collier County Ordinance 92-22, as amended.
JUNE 7, 1949
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Norris
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Saunders
and upon roll call, the vote was:
AYES: Commissioner Norris, Commissioner Saunders, Commissioner Yolpe,
Commissioner Matthews and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
7th
day of
June
, 1994.
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~ STUDENT
ASSISTANT COUNTY ATTORNEY
CHAIRMAN
APPEALS
FLORIDA
,d:~
CU-94-J RESOLUTION/11503
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMHISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-94-3
The following facts are found:
1. Section 2.2.1..) .2 of the Land Devlopment
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 i~ the same district or neighborhood
because of:
A. Consistency with the Land Development Code and
Growth Manage~;rt 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 ~n case of
fire or catastrophe:
Adequate ingress & egress
Yes''; No
C. Affects neighboring properties in relation to
no~e, 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.9se within district
Yes 1- No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (ShOUl.d_ not) ,be J:l~4
recom?ended fo~ approval
DATE:\ Se!!J' CHAIRMAN~ I
FINDING OF FACT CHAIRMAN/md
Exhibit
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