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Resolution 1993-076 RESOLUTION 93--12 FEBRUARY 23, 1993 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH, ACCESSORY USES TO A CHURCH, AND A CHILD CARE CENTER CONDITIONAL USES It! THE RSF-3 ZONING DISTRICT PURSUANT TO SUBSECTION 2.2.4.3.2 AND SUBSECTION 2.2.4.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEP~S, 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 publici 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 geographlc divisions of the County, among which is the granting of Conditional Uses; and WH~tEAS, 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 112" and "4" j.n an RSF-3 zone for a church, accessory uses to a church, and a child care center on the property hereinafter described, and has :found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Developmont Code for the Collier County Planning Commission; and WHD~EAS, all interested parties have been givpn opportunity to be heard by this Board in a public meeting assembled and the Board having considerl~d all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by David S. Moore of Wilson & Moore Architec.t.s, Inc., representing First United Methodist Church of -1- Q~S?-IT FEBRUARY 23, 1993 Immokalee, Inc., with respect to the property hereinafter described as: Exhibit liB" which is attached hereto and incorporated by reference herein be .and the same is hereby approved for Conditional Uscs "2" and "4" of the RSF-] zoning district for a church, accessory uses to a church, and a child care center in accordance with the Conceptual Master Plan (Exhibit "e") and subject to the following conditions: a. The CUrrent Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, sha~l 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). b. The Conceptual Site Development Plan and the Site Location Map shall be revised to reflect the proper reference to Roberts Avenue (Third Avenue) and the revised name of the agent. c. The new grassed parking area shall provide enough parking spaces to accommodate the additional church seating. d. Adequate drop-off and pickup areas for the child care center shall be identified on the Site Development Plan. e. This project shall be subject to Site Development Plan (SOP) Approval in accordance with Division 3.J of the Collier County Land Development Code. f. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. g. Landscaping shall not be placed within the water management areas unless specifically approved by Project Plan Review. h. Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer, shall be provided at the time of submission of the Site Development Plan (SOP). i. The use of grassed surfaces, with a stabilized subgrade, shall be limited to the parking spaces. All parking aisles shall be paved. The stormwater calculations shall consider all of the parking areas as impervious surfaces. j. Connection to the existing water and se~~r facilities within Roberts Avenue and N~nth Street North right-oi-way is required and shall be completely illustrated on the final site plans. Supporting engineering construction drawings, showing location, contiguration, and size, shall be provided at the time of SOP review. k. A letter from the Immokalee Water-Sewer District stating that the District has reviewed and approved the water and sewer facilities construction documents for service to the project shall be submitted prior to Final SOP approval. -2- ..f9 ~ -5 g'- /3 FEBRUARY 23, 1993 1. The developer shall provide a letter verifying compliance with Collier County Ordinance No. 80-112 regarding the availability and adequacy of sewer service for the project at the time of building permit submission. m. All native vegetation outside the building envelope shall be retained in place (i.e., slash pines) and vegetation that can be successfully transplanted (i.e., cabbage palms) shall be incorporated into the landscape. n. Driveways entering the subject site from Roberts AVenue shall either be narrowed to 15 feet and made one-way or they shall be widened to 24 feet to facilitate two-way traffic. o. The driveway entering the subject site from Ninth Street North shall be a width of 24 feet. p. The Child Care Center shall only be operated by the Church. q. The impact fees for the Child Care Center shall be paid once a building permit is issued for the Child Care Center or once an occupational license is obtained to operate the Child Care Center, whichever occurs first. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. com.-uissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Norris and upon roll call, the vote was: AYES: COIJrnissioner Constantine, Commissioner Norris, Commissioner Volpe, Cmmnissioner Matthews. and Commissioner Saunders NAYS: ABSENT ~~D NOT VOTING: ABSTENTION: Done this 21rd day of Fp.hruary , 1993. . ',.',-, :'.,.. ",I 1/ BOARD OF ZONING APPEALS COLLIER COUNT~~ F~DA BY: ~&7 8I:1RT L. SAUNDERS. CHAIRMAN .:.>. , -:-~. ATTEST: DWIGHT E. -. BROCK, <;:lERl< ~ 4#' ~/'~ '.~~~: '-' ~ ~. 'r"\ APPROVED AS '1''0 FORM AND LEGAL SUFFICIENCY: ~ ~A;' )-),../)r;, A I...d:::; HARJO E M. STUDENT ASSISTAN~r COUNTY ATTORNEY CU-92-14 Resolution nb/8850 J9~ 5 g-C- - FEBRUARY 23, 1993 FINDING OF FACT BY COLLIER COUJlTY PLANNING COMMISSIOlI FOR A CONDITIONAL USE PETITION FOR CU-92-14 The fOllowing facts are found: 1. Se,::::tion 2.2.4.3 at the Land Devlopment C~je authorlzed the condltlonal 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 Wi;;h he Land Development Code and Growth Manageme Plan: Yes No - - B. Ingress and egress to property and proposed structures ther~on with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: 0 Adequate ing~es & egress Yes"_ No_ Af~ec 5 neighboring properties in relation to noi , glare, economic or odor effects: No affect or Affect mitigated by ----- _____ Affec~not be mitigated C. D. Compatibility with adjacent properties and other property in t~e lstrict: Compatible u within district Yes No - - Based o~ the above findings, this conditional use should, with stipulations, (copy at7tched) (should not) be recommended for approval tjfffUtJA L. ~ DATE:~~ k 73 CHAIRMl>JL.:---===~ 1 '-/ FINDING OF FACT CHAIRMAN/md EXHIBIT "A" --0 ~ Sfl- j) FEBRUARY 23, 1993 LEGAL DESCRIPTION Commencing at the Southeast comer of the Northeast One.Quarter (NEl/4) of the Northwest One-Quarter (NWl/4) of Section 4, Township 47 South. Range 29 East run North along the centerline of Ninth (9th) Street 2% feet to the Point of Beginning; thence West and parallel with Second (2nd) Avenue 296 feet; thence South and parallel Vrith Ninth (5r..h) Street 296 feet to the centerline of Second (2nd) Avenue; thence West along the centerline of Second (2nd) Avenue 66.20 feet; thence North and parallel with Ninth (9th) Street 362.20 feet; thence East and parallel with Second (2nd) Avenue 362.20 feet to the centerline of Ninth (9th) Street; thence South along the centerline of Ninth (9th) Street 66.20 feet to the Point. 'Of Beginning. ~ntainjng 1.00 acres morc or~. Less Road Right..of-Way on the So1Jlh and E.1st side. Commencing at the Southeast corner oC the Northeast one-quarter (NE1/4) of the Northwest one-quarter (NW1/4) of Section 4, Township 47 South, Range 29 East for the Point oC Beginning, run thence West 296 feeL, run th~nce North 2% Ceet; run thence East 2% feet, run thence South 2% feet to the Point of Begir,ning. Containing 2 acres more or I~ Excluding however a 30 foot Road Right-of.Way on the South and East sides of said parcel. EXHIBIT 118" \ JS:)~~~. E FEBRUARY 23, 1993 ~I '.. . ~.-:.. . ~, _.! t~i :'" , .~ii!'i ,- LLit .5 . ." 0 <i i "u. I it; ~ i ,,8 8 )oX _ I ~~... i_~_ 010 O' ;~ ~. ~~ it: it; u~ :.i "! -....-.....- 'I -:---;:;-;;;-------------- , , --"-'1- I -, I --I 'I ,. i / ,. ~ j . / I 1-----L--JruJ.. .~->.; ~ , . ; I I , :1 ;- , II / f .I: Hl :,-1 , ' , L, I fLJ)'i i--...... , :! i I v' : ~, ! , f "1 !' i o , , u E-< H <Xl Hi xi L::'