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Resolution 2005-401 7 B RESOLUTION NO. 05- 401 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE "RMF-6" ZONING DISTRJCT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 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 COWlty the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the COWlty pursuant thereto has adopted a Land Development Code (Ordinance No. 04-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the COWlty, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted plamung 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 a conditional use for a church as provided for in Table 2 of Section 2.04.03 of the Collier COWlty Land Development Code in a RMF -6 Zoning District on the property hereinafter described, and the Collier County Planning Commission 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 Chapter 10.08.00 of the Land Development Code; 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-3573, filed by Kelly Smith, of Davidson Engineering Inc. representing the Independent Haitian Church of God stating with respect to the property hereinafter described as: Exhibit liB II which is attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use as provided for in Table 2 of Section 2.04.03 of the "RMF-6" Zoning District for a church and other places of worship in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 7 E 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 majority vote. /iI) Aft) J {fl}1 0 e/ Done this I::; day of ,2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: ~.1- W~ FRED .. COYLE, C . -... ......, ::~' ''>. At, .,'~ ,~kd , .,,,.' , , b,',,, , .o~' ' L' 'j:S~ffiele~f ~.", ~"" . !)~1i':~>,J" Jl,J/lIIllll.'.. " ~01l.~-~ MaIj o' M. Student - S4i V' ("/1.5 Assistant County Attomey Attachments: A. Findings of Fact B. Legal Description C. Site Plan D. Proposed Conditions 7 B BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. 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 '01- 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 Yes01:Jo ,::r-- - C. Affects neighboring properties in relation to noise, glare, economic or odor effects: --r;;l--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) (should not) be recommended for approval /~ //'~ DATE: R.~ dJ-- ~,/ C.A!! 7 V / t.::-,4' / t? :rr,... EXHIBIT A ._-'-- - ._~ 7 B FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-3573 The following facts are found: 1. Chapter 2.04.03. 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 ~ect mitigated by f2Y Tftkl Ns, CJ/1&: or; - Affect cannot be mitigated PRop 8Jt2.. nJ 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) (should not) be recommended for approval 1/IP/OS- M.tJt4~~ IJh?Yl~ ~~vf ~ DATE: GIIAIRJvlAN: FINDING OF FACT EXHIBIT A ... ..'"..... BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. 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 ~ 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 in~ egress Yes~ No_ C. oring properties in relation to noise, glare, economic or odor No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible US~strict Yes_ No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval /' Uf}d DATE: /0/ ft;/ OJ MEMBER: EXHIBIT A ._,_.~ .---- I 7 81 FINDING OF FACT BY COLLmRCOUNTYPL~GCO~S~ON FOR A CONDmONAL USE PETITION FOR ~-2003-AJl-3S73 The foDowing facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. 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 I No - C. Affects neighboring properties in relation to noise, glare, economic or odor effects: vi 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, wi stipulations, (copy attached) (should not) be recommended for approval DATE: \O/4,/r- MEMBER: r I . \3)1bO ~#i...- ~ EXHIBIT A , ---~-" . -, B BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. 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 t/' 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 VNo - 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 adj acent properties and other property in the district: Compatible ~n district Yes~No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 1 D / L 1 t1J s- MEMBER:~ ~ EXHIBIT A w_.___' "-"'--' 1 B FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-3573 The following facts are found: 1. Chapter 2.04.03. 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-1L 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 / , Q Yes - No ,/ Affects neighboring properties in relation to noise, glare, economic or odor effects: ~'No affect or _ Affect mitigated by _ Affect cannot be mitigated G) 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) (should not) be recommended for approval CHAIRMAN: Il~. k DATE: fO/ ;~ /0 f' FINDING OF FACT EXHIBIT A ,,~-,'"_._."',,-,-,,< ",-".~-_. -, ._...._~-- ,,.'-' ,---- .-----..-'.,",,- 7 B BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. 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 ingre.ss & egress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or L Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within 7' Yes_ No_ , / ~~' DATE: J~t&r(fJ MEMBER: EXHIBIT A ::i::i::i m....lLlQ i!l ~a~ :I: 0 7 B In i1>!........ <~ i i ri~~ o ~g:i~ }~ ~~ f .. ~ Iii r"!~d! ; In ~'I i ~l!l!!:!!l!i-- < 8' Mt~ I ~~ ~~ ~g ~~~;~ I I Ia l.)~;;i!b ~~U~~/. ~ ~ "5 ~; ~ ~~~~~ai~~~i ~I a~lii~m~ ~ ~Jilt(~~~ 2..B III ~ . ..g <<'l ~oi1d~"""" , 11!,ill;1 II '1 III ,jl ' I I !.l ~~~~~~~~ ~ ~ ;:!:"'~5l!ll!il!!! '" ::II dddOdood 1:! is '" ~ I . . . ~ I III Ii!! !I I! II !=li!ll! ill Ill. ~u.;u.;~~~~~ ~ + ~ ~ vHncri en roeD " It) ~i:!O:lQlt)~&'l~ z " N"!~"'~Nriri i ~ i!l b":j I 1III'l I! ,I II I,I;!,. 1,1 ~III ..,~ I I 0. a F= ~."cJ ~ ~B I=s ~I ~. i l'I=I~liill ~51. ~ a; ~ · "'"'8 j '"'.... I==~ ~ ~. i I I II I ~ x h N"'...,... i :;ililllll, !I II 11111;1,!;111 Ill! <::'Iciri ~ ~n~~'; I !~I :;;.,;x?~~ il', ,!IJI II I ,! 1I':II! 19.,'; ~ I is tl~-- iSi!l......~ -... XBo : 11'111111,1 !II: IIII 1I'!I!,f!111 I ' · ~~~l i~x~~f ~ i. Z :J:::t -i ~~ Ii -I!I': !111!11.!!I,I.l.II!!jlil!lll: I ~~'~i5h CII ~ ~~~ ~~ao:i5glii< B:A~:Aai!l lilblilllllill;;S blll!~li~i~llli II~ ~!i!",~!5<i5...~ 5'_;;j...."'''' ~ , ....~~~i5i5~f i~~g~~ ~1~~II~!lai=~~~I==II:;::II:~.I;;:i~~:1 jSo.jSis"" ~ 0.... ~OQQ~~~ is :<:<:<:C!~ ~~~~BBn~ ~~~~~12 "'l<<'l ~ ~ ,. , H:lIlnHO ~NU.SIX3 ~ "'4',. o}. ". ,..."= '-'"n." '. '. illl. ~ ". r:/l ~. al~a '" '" MIUnI :M'XOfM .., :wu .00"01 ~ U .... .... .... .... ~ ~ :J:1O ~ wU<o $ ze::o o::ll "D~:! >< Z .. F= & ~~ ~oa..' " ~ XI-Cl WVlVl ~ .. J. ~ ~ I ~ ~ '" "" ~ ~ ~ K '" '" w ul ~n, .. . ~ I cj ~I I ~ Q wi }. ! 0 i ; I C,? ! l.j u. 0 ~ I I :z: HL ". li~... ~.: ~ ::Ja:~ Q~ ..:Z: 25 ~ -- -- !5~ lL ~ a~ 9 . :d! - z~ ~NINOZ 9-31'Rl - SltGl'U.lrfdY ~NIl.SIX3 <Clii' 2lz ~f :z:.... 1:> f-'" ol Z W o-l~ Q Z W 0- W Q ~ _,__'_'"_',h .._"'~.,~,~_.--'"--" -----'----- 7 E Conditions of Approval CU-2003-AR-3573 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 Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04-41, as amended. 2. The companion Site Development Plan (SDP-04-AR-6272), which details the requested parking reduction and has satisfactorily completed regulatory review from County staff, is authorized for approval with the approval of this conditional use. 3. The current owner and all future owners of the church facility authorized by this conditional use shall continue to utilize private bus service to transport patrons to and from the facility. This requirement is based upon the parking reduction associated with the conditional use approval. 4. The current owner and all future owners of the church facility authorized by this conditional use shall maintain the required landscaping per code, and as evidence, they shall submit an executed contract to provide landscape maintenance on the church property with a landscape maintenance company to the Department of Zoning and Land Development Review. EXHIBIT "D" -- pq .-- --_._._"'''~ 7 B Conditions of Approval CU-2003-AR-3573 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 Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04-41, as amended. 2. The companion Site Development Plan (SDP-04-AR-6272), which details the requested parking reduction and has satisfactorily completed regulatory review from County staff, is authorized for approval with the approval of this conditional use. 3. The current owner and all future owners of the church facility authorized by this conditional use shall continue to utilize private bus service to transport patrons to and from the facility. This requirement is based upon the parking reduction associated with the conditional use approval. 4. The current owner and all future owners of the church facility authorized by this conditional use shall maintain the required landscaping per code, and as evidence, they shall submit an executed contract to provide landscape maintenance on the church property with a landscape maintenance company to the Department of Zoning and Land Development Review. EXHIBIT "D" .'--~ "-~--- -'''~- .. - ,~--,_.."" ? B Le2al Description- CU-03-AR-3573 Guilford Acres Block A, Lots 5 and 6 EXHIBIT "B" ,.".....- ----~--