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Resolution 2002-162 7C RESOLUTION NO. 02-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH, CONDITIONAL USE "2" OF THE ttRSF-3 ZONING DISTRICT PURSUANT TO SECTIONS 2.2.4.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5:t ACRES. 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" of Section 2.2.4.3. of the RSF-3 Zone for a church 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 &iven opportunity to be heard by this Board in a public meeting assembled and the Board h~ving considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appealiof Collier County, Florida that: The petition filed by Kathy Morgan of Land Development Consultants, representing The Church of Jesus Christ of Latter-day Saints, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "2" of Section 2.2.4.3 of the "RSF-3" Zoning District for a church in accordance with the Conceptual Master Plan (Exhibit "Ctt) and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. 17C BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ (,-#. day of ~~ ,2002. BOARD OF ZONING APPE COLLIER CO , FL '::\%J' t:aA:,O ,..... ~ .~..' <A TTE:s f: .' .,~pWn'.m+rE;BROCK, Clerk -, ..,;:" ;,~' ~.'. ...-~. 74~ ;)4. ,:~...tbltrlllll" . , ....1,. Approved as to Form and Legal Sufficiency: BY: JAME mCl~I1-U- m.~ Marjo' M. Student Assistant County Attorney CU-200 I-AR-1414IrR/lo r; 7C ~. .I" F1NDING OF FACI' BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ~-2001-~-1414 The following facts are found: 1. Section 2.2.4.3.2 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-L 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 should, with stipulations, (copy attached) (should not) be recommended for approval to the BZA. aIAIRMAN: Kt~ DATE: Exhibit "A" "j>':*~ 7C ... '''1 Legal Description for Conditional Use Request The Church of Jesus Christ of Latter-Day Saints A PARCEL OF PROPERTY BEGINNING AT IRON STAKE AT THE INTERSECTION OF STATE ROAD 29 AND THE SOUTH CORNER OF GLIDDEN PROPERTY, SOUTH 00053'41" EAST, A DISTANCE OF 370.56 FEET, THENCE SOUTH 89002'05" WEST, A DISTANCE OF 700.00 FEET, THENCE NORTH 01053'41" WEST, A DISTANCE OF 371.42, THENCE NORTH 89006'19" EAST, A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN THE NE 1/4 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. Exhibit "B" ~-2001-AJl-1414 PROJECT #2001080025 DATE: 9/5/01 FRED REISCHL l> ,- r". ASPHALT ~ o z '" o ." -< o :u --: ~ c Z C'> o - t ~ ~ r l I \ J CU-2001-AR-1414 rr---.;;----.;;-~4 ~ ~ II 4.300 S.F -J,I ADDiTION 12.728 S.F CHURCH TYPE V CONSTRUCTION HEIGHT <. 35 FEEl FiRE SPRINI<:LED Ff,[l, ~ 3700 -~ '7C 5CO'SJ'41-[ J70.32{M) 370 '5nU EXHIBIT "C" (page one of two) r t ~ I~ -' <0 'r.{ . . I~ \,r' <::> C) ~1 .i ~ = area of church ~ = area of Conditional Use CU-2001-AR-1414 7C ~ tl ., RSF-3 EXHffiIT "e" (page 2) ~ j!! B t:r: a: fA - ~ W 7C"'i' .. CU-2001-AR-1414 1. A sidewalk, six feet in width, along SR 29, from the north property line to the south property line, shall be depicted on the Site Development Plan. 2. Prior to approval of the Site Development Plan, the petitioner shall submit a Traffic Impact Statement to the Planning Services Director. 3. Prior to approval of the Site Development Plan, the petitioner shall submit a copy of the Florida Department of Transportation Right-of-Way Permit to the Planning Services Director. 4. A parcel, 0.82 acres in size, shall be depicted on the Site Development Plan as preserve area. Preserve area calculations shall be provided on the Site Development Plan. 5. The petitioner shall depict all landscape buffers and other required landscaping on the Site Development Plan in accordance with Land Development Code Division 2.4. 6. Prior to approval of the Site Development Plan, the petitioner shall submit the following: stormwater calculations signed and sealed by a Florida professional engineer, legal proof that the adjacent property owner to the west will allow stormwater discharge from the proposed project onto his/her property, evidence that the maximum allowable discharge rates shall be per Ordinance 90-10 (as amended), and a copy of the South Florida Water Management District permit, permit modification or waiver. EXHIBIT "0"