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Resolution 2007-198 RESOLUTION 07- 198 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH IN THE VILLAGE RESIDENTIAL (VR) ZONING DISTRICT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.04.03, TABLE 2, FOR PROPERTY LOCATED AT 745 5TH STREET SOUTH, IMMOKALEE, IN SECTION 9, TOWNSHIP 47 SOUTH RANGE 29 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. 2004-41, as amended) 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 Board of Zoning Appeals, 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 a Conditional Use for a Church in a Village Residential Zoning District, pursuant to Land Development Code Section 2.04.03. Table 2, on the property hereinafter described, and has found as a matter of fact (Exhibit nAn) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 1O.08.00.D of the Land Development Code, as amended; 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: Petition CU-2005-AR-8479, filed by Community Engineering Services, Inc., representing the Southeastern Conference Association of Seventh Day Adventists, Incorporated., with respect to the property hereinafter described in Exhibit "B" is hereby approved for a Conditional Use pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code in the Village Residential Zoning District, for a Church in accordance with the Conceptual Site Plan (Exhibit "C") and subject to the conditions found in Exhibit "D" attached hereto and incorporated by reference herein. Page I of2 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, this 24th day of Julv. 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By ~4f J MES COLETTA, Chairman ~.'>:"".'::<'..~. ~ . .... .' '. .:.~ 0S,t..J ;' "." - ,,-",:: - . At't' . .~~. ., Deputy Clerk __. est IS'faCIl4/ S I~ature' h 1"1I4II. .,;. "\~ ,.,_,t" .;. App v and tzkow istant County Attorney J effre Mana Exhibits (attached): A. B. C. Findings of Fact Legal Description Conceptual Site Plan, entitled, "Galilee 7th Day Adventist Church," dated 11/06, which is prepared by Community Engineering Services, Inc. Conditions D. Page 2 of2 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-8479 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes 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 l No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by <text> _ 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 fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: { '1 . 1J'1 ,t( ,( It' CHAIRMAN:} . (.\).. \.. EXHIBIT A ~. " ~. ~\.. '.. " FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-8479 The following facts are found: 1. Section 10.08.00 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 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 ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: r- 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 Yesd No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. ~---- DATE: G 1"\ \ 0 '\ MEMBER: EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-8479 The following facts are found: 1. Section 10.08.00 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.E 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 YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: Y 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 V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: (,-7'() 7 MEMB~ .2-~ EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-8479 The following facts are found: I. Section 10.08.00 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 0 f: 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: / 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 fmdings, this conditional use should, wit~ tipulations, (copy attached) (should not) be recommended for approval. II DATE: :WrvlZ '1 7f)O] MEMBER: \l~0s.:b\rH,L EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-8479 The following facts are found: 1. Section 10.08.00 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 1/ 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 vi' Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. 1 ~]) /" MEMBER: IL/i1JJi4_ It! ('// ( {j} CI"1 L/ DATE: EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-8479 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect tile 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 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 YesL No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: /,7- (J? MEMBER: 7h.~ , EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-8479 The following facts are found: 1. Section 10.08.00 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 Lan7elopment 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. Aff~cts eighboring 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 dz<' stri Yes. No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-8479 The following facts are found: 1. Section 10.08.00 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~_ 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 adj acent properties and other property in the district: Compatible use witllin district Yes~ No hed) Based on the above fmdings, this conditional use should, with stipulaf (should not) be recommended for approval. DATE:? 7 tJ? EXHIBIT A v/~t /orT/ LEGAL DESCRIPTION: Lot 1, of GALILEE SUBDIVISION, according to the Plat thereof recorded in Plat Book 38, Page 99, of the Public Records of COLLIER County, Florida. Subject to reservations, restrictions, and easements of record. EXHIBIT B ~ , , __-1 ___________,,/J ~ 5 ~ ~ g ~ II !i-I ; , ~ ~~ . .' ::-: H ~I ~~ i," i 1,-' .. .,. .. " 1!P.~ ~~ u :z~ "II 'HI l'~! 11 !l ~: u ~. .... ., " ~ ;; " ~ .. I' !l:' 'jil I !Ill ., '" , , , ,,- ,- '.~ 'lSHlSS :o.'n'....' ~'rIJ;;- !!~~ i C~! .,1-\)1 I' I!III I I1III1 l "II" , I- I It'll H" iil II I i!1 II. ilLI) ~ > ~~ ~:s ;11 i;, di ;;"'8 o :i!~ -.: ~~7 ~!~ ~;~~ ~!!I ~'I' en 5S ~ ~ll; ~ ," ~ ~81" ..... o~.. a l~ .... ;l:.. 1: :i:: ~~f ..'....-1. , 'I . r~~ ,i. -i, <' ,. ~'~_:_/_~J.::i, eLJ~ ~ " 1,1 ,.C I," i\ .'nll l<~E if ~ EXHIBIT C ~ r" , , , , ----of : ' , ' , ' , ' , , , , , , , I , , , , j I , , , i , , , , , , : , I , !!;!l- : ~~~ IlJJl!" ,:.: _w :g;f! 11Il'-'- , , , , : , , , , , I , , , , , , : , " .---- ( rn ~I~ . w ; I . VI o ~ ~ ~ Ii ~ ~ I" ~ '" ~ ...~ ii' ~ ~ 0 ~ E o ~ ; ! , ' I J 'b~~ii l'iH~_: 'i~l: ! i . . , . ~ iL; : I ~ j~& f. 0\ ,f:: 1: I' -',';'i' :.. .~- .s1'iJ i.P~ ~i'" ~~~ = ~: E ' I! t . . . J;" I':..I') -iCi, ~f .~ , ; , ~ ~ , ~ ~ i g ~ 8 ~ ~ l .....---" - CONDITIONS FOR APPROVAL FOR CU-2005-AR-8479 1. The applicant shall replant any of the preserve area that is devoid of native vegetation. EXHIBIT D G: Current! Gundlach! Conditional Uses/ Seventh Day Adven~st Church /Exhibit F Condi~ons 5, 11-07