Resolution 2009-022
RESOLUTION NO. 09- 22
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, 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. 2004-41, as amended) 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 Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 1O.08.00.D of the
Land Development Code, as amended; 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:
Page I of3
Petition CU-2008-AR-13639, filed by Alan Brewer of Reynolds Smith and Hills, Inc.,
representing The Church of the Jesus Christ of Latter Day Saints, with respect to the property
described in Exhibit "B," attached hereto and incorporated by reference herein, is hereby
approved for a Conditional Use pursuant to the Collier County Land Development Code in the
Residential Single Family - Three Zoning District (RSF-3), for the expansion of a Church and
Place of Worship to include 2,588 square feet in building additions in accordance with the
Conceptual Site Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D,"
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, this cll'%ay of
,'fMuj
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY.-lix",,-, e;L-a
DO A FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
4- 7wi.
Steven T. Williams j{,) ~,rA
Assistant County Attorney 1-
Page 2 of3
Exhibits (attached): A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions of Approval
Page 3 of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04.03, Table 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 / 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 / No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals. i
DATE: I L/I 'j' /0 i COMMISSIONER: ( ,I I
I ,
EXHIBIT A
RESOLUTION NO, 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S,W" IN SECTION 21, 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. 2004-41, as amended) 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 Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section I O.08.00.D of the
Land Development Code, as amended; 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:
Page I of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04,03, Table 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 J 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:
~ 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
Yesl No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals,
DATE: /d//F/af
COMMISSIONER: lfuth.-... ~'(id
EXHIBIT A
RESOLUTION NO, 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.w., IN SECTION 21, 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. 2004-41, as amended) 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 Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10,08.00.D of the
Land Development Code, as amended; 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:
Page I of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
I. Section 2.04,03, Table 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 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 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, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: /Jl~/#-6%
COMMISSIONER:
x:-~
EXHIBIT A
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, 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. 2004-41, as amended) 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 Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section I 0.08.00,D of the
Land Development Code, as amended; 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:
Page I of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04.03, Table 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 7e 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:
/ 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 V No
Based on the above findings, this conditional use should, th stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appe
DATE:~
COMMISSIONER:
EXHIBIT A
~noo SG}~~~
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, 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. 2004-41, as amended) 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 Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10,08.00.D of the
Land Development Code, as amended; 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:
Page I of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04.03, Table 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 / 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 wiWn district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
COMMISSIONER:
'C(?
/
DATE: /'2./J'l/or
/
l...../
EXHIBIT A
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT,
S.W., IN SECTION 21, 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. 2004-41, as amended) 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 Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.D of the
Land Development Code, as amended; 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:
Page I of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04,03, Table 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 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 ~ 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 Y No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 1.2.ilt/Of
{ I
COMMISSIONER.J-f#-rl/1d-. ~/d (/dJu---r-J
EXHIBIT A
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W" IN SECTION 21, 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. 2004-41, as amended) 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 Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.D of the
Land Development Code, as amended; 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:
Page I of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04.03, Table 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 /' 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
Yesd 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~o_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DAn;. \~-Ie- ~~ COMMISSlONER.iJ~,^P ~
EXHIBIT A
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 nRD CT.
S.W., IN SECTION 21, 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. 2004-41, as amended) 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 Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10,08.00.D of the
Land Development Code, as amended; 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:
Page I of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04.03, Table 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 Y'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 7ss
Yes.L 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
DATE:
/;2 -/.1'''(/(
COMMISSIONER'
;e,~ b~'''/ V/~
Based on the above findings, this conditional use should, with sti
recommended for approval to the Board of Zoning Appeals.
EXHIBIT A
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, 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. 2004-41, as amended) 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 Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.D of the
Land Development Code, as amended; 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:
Page I of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04,03, Table 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 / 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 shoul ,
recommended for approval to the Board of Zoning App
EXHIBIT A
. th stipulations, (copy attached) be
s.
DATE:
COMMISSIONER:
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, 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. 2004-41, as amended) 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 Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.D of the
Land Development Code, as amended; 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:
Page 1 of3
LEGAL DESCRIPTION
GOLDEN GATE CITY UNIT 4, BLOCK 119, LOT I IN PLAT BOOK 5, PAGES 107-
116, COLLIER COUNTY FLORIDA
N (Back) N 89d29'53"E 450.00 MEASURED
N 90dOO'00"E 450.00 PLAT
S (Front) CB=N82d08'II"W 450.00MEAS. CD=447.57
D=16d43'51" R=1538.17 L=449,16 T=226.19 CB=N8Id38'04"W PLAT CE=447.57
E (Side) SOOd30'07"E 397.65 MEASURED
SOOdOO'OO"E 397.65 PLAT
W (Side) NOOd30'07"W 331.48 MEASURED
NOOdOO'OO"W 331.48 PLAT
Exhibit B
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Exhibit C
CONDITIONS OF APPROVAL
CU-2008-AR-13639
December 18, 2008
I. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "Naples Meetinghouse Conceptual Plan," prepared by Reynolds,
Smith and Hills, Inc., and dated December 8, 2008. The site plan noted is
conceptual in nature for Conditional Use approval only. The final design must be
compliance with all applicable federal, state, and county laws and regulations.
2. Day care operations shall be limited to those provided during church services
only.
3. The number of paved parking spaces on the site shall be limited to 177 spaces.
Exhibit D