Resolution 2000-276
17C
RESOLUTION 2000- 27 G
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
CHURCH CONDITIONAL USE "7" IN THE "A" ZONING
DISTRICT PURSUANT TO SECTION 2.2.2.3.7 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 12, TOWNSHIP 49 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 "7" of Section
2.2.2.3 in an "A" 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 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 Jonathan Burt of J. D. Burt Company, Inc., representing Crossroads
Community Church, 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 "7" of Section 2.2.2.3.7 of the "A" Zoning
District for a church 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.
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].7C
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 /a/;~6 day of ,~x~,.~ ,2000.
BOARD OF Z~i-'EALS
COLLIER ~'qfY, FLORIDA
BY:
TIM~HY J. CONSTANTINE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, Clerk
· ~' Attest as to Chairman's
Approved as to Form and s ature
Legal Sufficiency:
Marjorie M. Student
Assistant County Attoney
g/admin/CU-00-09/RESOLUTION/DM/im
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-00-09
The following facts are found:
Section 2.2.2.3.7 of the Land Development Code authorized
the conditional use.
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:
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~ No
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
catastrophe:
Adequate ingress & e~ress
Yes ~/ No
or
Affects neighboring properties in relation to noise,
glare~ economic or odor effects:
/No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~ No
Based on the
stipulations,
approval
above findings,
(copy attached)
DATE:
thim=~nditional use should, with
s~recomm ed for
MEMBER: ~ _
g/admin/CU-00 09/FINDING OF FACT MEMBER/DM/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-00-09
The following facts are found:
Section 2.2.2.3.7 of the Land Development Code authorized
the conditional use.
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:
Consistency with the Land Development Code and
Growth Management Plan:
Yes %// No
So
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
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
t~ No affect or __ Affect mitigated by
Affect cannot be mitigated
Do
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 ~ /
DATE: MEMBER:
g/admin/CU-OO-O9/FINDING OF FACT MEMBER/DM/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-00-09
The following facts are found:
Section 2.2.2.3.7 of the Land Development Code authorized
the conditional use.
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:
Consistency with the Land Development Code and
Growth Management P~No
Yes
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
catastrophe:
Adequate ingress & e~re~s
Yes ~-' No
or
Affects
ne~ighboring properties in relation to noise,
glare,~,~conomic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
Based on the above findings,
stipulations, (~ attached)
approval .
DATE:
g/admin/CU-00 09/FINDING OF FACT MEMBER/DM/im
Compatibility with adjacent properties and other
property in the district:
Compatible use w/ig-l~iT~district
Yes ~'~ No
this conditional use ~ho~u d, with
~ be recommended for
17C
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-00-09
The following facts are found:
Section 2.2.2.3.7 of the Land Development Code authorized
the conditional use.
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
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
catastrophe:
Adequate ingress & egress
Yes L/~ No
or
Affects neighboring properties in relation to noise,
glareyeconomic or odor effects:
~/ No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use ~ithin district
Yes ~/ No
Based on the above findings,
s~2~q~ala~L~s, (copy attached)
~appro~
DATE: 7-~6/~/O2
g/admin/CU 00-09/FINDING OF FACT MEMBER/DM/im
this conditional
(should ~) be
MEMBER: ~
use should, with
~commended for
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-00-09
The following facts are found:
Section 2.2.2.3.7 of the Land Development Code authorized
the conditional use.
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:
Consistency with the Land Development Code and
Growth Managemen~Plan:
Yes~4 No
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 ingres~ egress
Yes No
Affects neighboring properties in relation to noise,
~re, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties
property in the district:
Compatible~se within district
Yes~ No
and other
Based on the above findings,
stipulatio_n~, (copyI attached)
approval ~~
g/admin/CU-00-09/FINDING OF FACT MEMBER/DM/im
this conditional use should,
(should ~ re~
with
for
17C
LEGAL DESCRIPTION
A Tract of land in Section 12, Township 49 South, Range 25 East, Collier County,
Florida, more particularly described as follows:
The East half of the Southeast Quarter of the Southeast Quarter; Less the North 523.25
feet of the West 180; 65 feet, the East 510 feet, and the South 75 feet for Right-of-Way;
together with the Southwest Quarter of the Southeast Quarter of the Southeast Quarter,
Less the West 100 feet, the 5.88 acres described in O.R. Book 1387/1114 and 1762/1871,
and the South 75 feet for Right-of-Way.
EXHIBIT "B"
CU 00-0~
Exhibit "~"
WesLbou~d Lanes
............. ~'me_ Ridge -Rd. .............
Eastbound L~nes
Conditions of Approval for CU-2000-09
17C
1. Approval of this conditional use shall not void any previous existing stipulations
as required by approval of CU-92-2 or SDP-98-184.
2. The Conditional Use for a House of Worship shall be confined to Building #1.
3. This conditional use will be limited to the extent that the maximum occupancy
load of building 01 shall be limited to 150 persons for a House of Worship as
estimated based upon the Phase One Site Development Plan parking load design
of 68 spaces for this facility. Additional parking may be utilized for this
conditional use upon completion of the construction of Phase Two of the
approved Site Development Plan (SDP-98-184), but occupancy shall not exceed a
maximum of 2.2 persons per parking space or as limited by the Fire District, or
by other applicable code requirements.
4. Any change to any of these conditions shall require a new conditional use.
Exhibit "D"