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Resolution 2004-220 17G ., RESOLUTION NO. 04 _ ..22.Q A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH, SCHOOL, GYMNASIUM AND ACCESSORY USES CONDITIONAL USES "2" AND "3" FOR A CHURCH AND OTHER PLACES OF WORSHIP AND A PRIVATE SCHOOL IN THE "RSF" RESIDENTIAL SINGLE F AMIL Y ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 28, 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. 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 Uses "2" and "3" of Section 2.2.4.3 of the Collier County Land Development Code in an "RSF" Residential Single Family Zone for a church, school, gymnasium and accessory uses 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, identified as CU-2003-AR-4997, filed by R. 1. Ward, P.E., of Spectrum Engineering, Inc. representing Bishop John 1. Nevins and the Catholic Archdiocese of Venice, with respect to the property hereinafter described as: Exhibit "B" - 1 - 17G attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "2" and "3" of Section 2.2.4.3 of the Collier County Land Development Code in an "RSF" Residential Single Family Zoning District for a church, school, gymnasium, and accessory uses in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the fOllowing conditions: 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 super-majority vote. Done this ~), 01 day of 1 U/TJ t.. , 2004. .' "",,~'t~. L'~i[.?1 /c "~r:<"",,~::..., ATT~:.)-."" . '. '.' Dwf~~: ~ii~, C.'ERK Attest. .~...to' -e~:~f st~tlilt".J9Cl.l1. ....,\... &( ~:!4,F.,~~.1Jc.. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY ~J ~f{ DONNA !ALA, CHAIRMAN Approved as to Form and Legal Sufficiency: 7U~001'~ MaIjo' M. Stude t Assistant County Attorney CU-2003-AR-4997/MBllo Item # J,Y{ 6- ~;~;da ".22'0"-1 - 2 - , 7G"~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4997 The following facts are found: 1. Section 2.2.4.3.2. and 3.ofthe Land Development Code authorized the conditional uses. 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: ~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 CHAIRMAN: Based on the above fmdings, this condi . (should not) be recommended for approv DATE: 6/3 !of { l EXHIBIT A 17G ,.,~ Legal Description - CU-2003-AR-4997 ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Exhibit "B" 1 7G i~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4997 The following facts are found: 1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional uses. 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 Jffect or _ Affect mitigated by L 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, (Exhibit "D") (should not) be recommended for approval MEMBER'~~P~ DATE: It - ;'" 6lf EXHIBIT A ~ -~--.. 17G Legal Description - CU-2003-AR-4997 ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSNE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS WELL AS CERTAIN EASEMENTS BETWEEN INDNIDUAL LOTS WITHIN BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Exhibit "B" 17G FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4997 The following facts are found: 1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional uses. 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. Consistenc/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. Aff:~~~leighbOring properties in relation to noise, glare, economic or odor effe¡ ~,. _ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within diS~ yes/ No Based on the above findings, this conditional use should, with stipulations, (Exhibit "D") (should not) be recommended for approval DATE: MEMBER: ~f EXHIBIT A Legal Description - CU-2003-AR-4997 ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN BLOCKS 204 AND 205, WERE V ACA TED BY COLLIER COUNTY RESOLUTION NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Exhibit "B" (~ ¡ t ~,," h'J FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17G CU-2003-AR-4997 The following facts are found: 1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional uses. 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 ví No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / \I 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 DA TE:~/3 ! 4 MEMBER: ~'(ì 'S('Òw~~t-- Based on the above findings, this conditional use should, wi stipulations, (Exhibit "D") (should not) be recommended for approval EXHIBIT A Legal Description - CU-2003-AR-4997 " 7,' G "'1- ~;I ~,' ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSNE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Exhibit "B" l7G FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4997 The following facts are found: I. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional uses. 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 y"'" 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'/ No Based on the above findings, this conditional use should, with stipulations, (Exhibit "D") (should not) be recommended for approval DATE:¿} 3/ c4 MEMBER~ J.., '" iiJ'1 ~ Ii L...<-. r 4 1 f'I EXHIBIT A 1"," ~" , t l· Legal Description - CU-2003-AR-4997 ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Exhibit "B" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17G ~ CU-2003-AR-4997 The following facts are found: 1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional uses. 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. Consisten~th 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: . L-~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, (should not) be recommended for approval DATE: ¿;/S/o1 I , EXHIBIT A ,.. ~---- .__.~~.__._-_.~._-.._'"' 1 7G i~_~t~ Legal Description - CU-2003-AR-4997 ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS WELL AS CERTAIN EASEMENTS BETWEEN INDNIDUAL LOTS WITHIN BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Exhibit "B" ;,r~l (! 1\ ! ~ :,' II ! \, I \\ '" :1 : ;1 i :i ,i! .. i !' !,: i !! ::' , , !i ¡'II " !I" . i i " ; i ': \ ; ¡ ii I I., 'i I j! I 10 I ! 1& I ;¡ ¡ ø ;/ ¡ :¡ :1 I ~ :1/: II 1111,' /, ~ .,- :=:1 I -~ !I I 1õ -" .I ~ 'i I II I; i '< :¡ I s.ntI Bartwa CeneI -, -', -, - ::; I .~ I _no -ï '=-i -, ¡... '::' t ':- -:' ! ,~~ :: , -::' J'-~- __- l) II' >:':: ii v \{ --, .. - II ~nlf ----..-1'7 U' - ._-- - -.- , . . ,-,. :::: , ..., . . ,- ,: .:.. ',.,_:,~, " ~':~.:'.:' ",:-::-': .~I:·~·~·~.~"'''>~''~'''::;~~;';';:~.. :.,.;._'. !~~""~:~' ;'.;,., ". , ........_........ ð2nd Terrace S.W. .. T I . r-" "}: :-~ltrj¡ I 1_1 : . - I mlU lillJ,&1 ¡llif ~ ~ J'f f. h- i fIll) m IN_I 11.1'.- :1. ~ ·1·. " I t I i fill,' I~ ·'11 ! .I~. i ~'I II ¡ I'iff i· II, II-' I :11; 1!/iII¡ I! \\ 1:1 I g ~¡j "I~ - ~I' -'----,~~ - :-=--,~~: 7lr-- -- ¡ . ¡ . ..,: : :: i'" ~ ~ ~--,-- - iZ::::~~~:!~ '~Hf l '- ,<. .. ; '--"...........: . ~ !s .I - ;. ~ ~ Iii'" "," ;il 'It ~;:II lUll - ni' :if JnJ If i ~: i *" Ni 'j 3 '~II ;11 I!il Ii ~ ¡Iii Iii III ¡ ~ ~§ I III i õ i J ~ I "01 II III! I f qll I ·1 §, I EXHIBIT "C" ! j J I CONDITIONS OF APPROVAL CU-2003-AR-4997 17G 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 Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 91-102. 2. A Type "D" landscape buffer shall be provided in lieu of the masonry or concrete wall required by Subsection 2.6.11.4.2. EXHIBIT "D"