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Resolution 2003-223 17 A'.~ RESOLUTION NO. 03 - 223 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "2" FOR CHURCHES AND HOUSES OF WORSHIP AND CONDITIONAL USE "4" FOR CHILD CARE FACILITIES IN THE "RSF-3" ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 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. 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" for churches and houses of worship and Conditional Use "4" for child care facilities pursuant to Section 2.2.4.3 of the Collier County Land Development Code in an "RSF-3" Zoning District 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 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 James M. McDonald of the Vanderbilt Presbyterian Church, Inc. with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "2" and "4" of Section 2.2.4.3 Collier County Land Development Code in the "RSF-3" Zoning District for a churchlhouse of worship and a child care facility, respectively, in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 17A Exhibit liD" 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. Don,th;, ,).'1~ d'YOf~. ,2003, '~"''''''-''''''\.'''''' \, _~ ..",....",. I, __- . ,(,,,,.. .."'~~. I, ~. ....:i.-~ ..<I.............:....) ...-'" 'i, AFcg.l-- .f'. ','~. ". Dwirifir E:-~$Op~: ~~iu< .~.~ ~ ~.....: ~'\';"''- ,4J -I:!- . stgh~~;;tmJ .~.~,~'>...- Approved Il~'tO'I~ ilild Legal Sufficiency: BOARD~F Z NING AP.PEALS COLLIER C NTY, RIDA BY: TOM HENNING, CHAIRMA ~dn, ~t:-t MarJon . Student Assistant County Attorney CU.2002.AR. 3054/FRJI 0 2 17A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-3054 The following facts are found: 1. Section 2.2.4.3.2 and Section 2.2.4.3.4 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 V 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 / I Yes~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: S../ ~ d '> CHAIRMAN: EXHIBIT "A" )~ A~tC) .._--_.~>> ..-...~._._._~'--;..~"".~-,..~-".~--_.. 17A Legal Description Parcell: The North 14.62 feet of the SE If. of the SW If. of the SW !4 of Section 24, Township 48 South, Range 2S East, Collier County, Florida. Parcel 2: The North Y2 of the SE If. of the SW If. of the SW If. less the North 147.62 feet thereof, of Section 24, Township 48 South, Range 2S East, Collier County, Florida. Parcel 3: The North Yz of the South Y2 of the SE y. ofthe SW!4 of the SW !4 of Section 24, Township 48 South, Range 2S East, Collier County, Florida. And Lot 21, Willoughby Place, according to the Plr.t thereof, as recorded in Plat Book 13, Page 14, of the Public Records of Collier County, Florida. - .. C..\....I NOO WS\T cmpor:r- Exhibit "B" I 10 II! I i -:1:- i ~ ~ .. ~ ~ i w.. ~ ~ ~ .'" ~ ~. - FA ~ M'I\f"" AI5L~ - .. . . . , ~ g I I 10 ij II! i . i i 7 I ~ ~ sj~ TIS'" 3r1MfO CBI t1fd .... I 10 t I I 10 II! . I .,.... ~...o Al if "I!! ~~ if I! BC'U H I ! :P! i! it ~ ~~ ~ I J ~ a-<<>:o, 'OOl:/IWto~g' ':uJ ,IIO'H; RE-SUBMlrr AL CU-2003-AR-3054 PROJECT #2002080055 DATE: 3120/03 FRED REISCHL '" ~ ! '.:xhibit "e" i I I- Ir .1 .- iI 101 ~. 7 I ~ I i ;g I R ~-.! J ! IS i2 2. .. ~~ I ~ ~ ! 51 ..-: !i ,;:! 11111 i:I' I!'I rl 11"1 5. I d' jj~i~ /I II ... Ilf!s ~ f J I II Mp\:O CU-2002-AR-3054 17A'~~" CONDITIONS 1. The structure located at 1301 Piper Boulevard may be used for meetings, programs, and as offices, subject to building permit review. Such structure shall not be used as a childcare facility. 2. Homeless shelters, as defined by Division 6.3 of the Land Development Code, are prohibited. 3. The subject property shall meet the applicable requirements of Division 2.4 of the Land Development Code prior to the issuance of any building permits for the structure(s) at 1301 Piper Boulevard. 4. The subject property shall meet the requirements for a sidewalk with pedestrian connections as required by Section 3.2.8.3 of the Land Development Code prior to the issuance of any building permits for the structure(s) at 1301 Piper Boulevard. 5. The subject property shall meet the applicable requirements for handicapped parking, pavement marking and traffic-control signage as required by the Land Development Code prior to the issuance of any building permits for the structure(s) at 1301 Piper Boulevard. EXHIBIT "D"