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Resolution 1994-402 RESOLUTION 94- 402 JUliE 7. 1994 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 112" IN THE RSF-3 AND RSF-4 ZONING DISTRICTS PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. II 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 112" of Section 2.2.4.3 in the RSF-3 and RSF-4 zones for a church on the property hereinafter described, and has found as a matter of fact (Exhibit IIAII) 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 Development Code for the Cvllier 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 Victor E. DeKonschin of DeKonschin & Assoc., Inc., representing United Church of Marco Island with respect to the property hereinafter described as: 600( oeo PAG[ 60 JUNE 7, 1994 Tract "C" and Lot 1, Block 80, Lot 19, Block 81 and vacated Romano Terrace, Marco Beach Subdivision, Unit 3, as recorded in Plat Book 6, Pages 17-24 of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "2" of section 2.2.4.3 of the RSF-3 and RSF-4 zoning districts for a church in accordance with the Conceptual Master Plan (Exhibit "B") 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, 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). b. That the applicant provide shielding for the parking lot lights to prevent light and glare from reflecting onto the adjacent residential lots. c. That the southerly ingress and egress entrance points located at both ends of the vacated Romano Terrace be removed. d. Arterial level street lighting shall be provided, if none presently exists, at the North Barfield Drive access point and the easterly access points on both Briarwood Court and Barbados Court. e. There is an auxiliary parking lot on the northwest corner of North Barfield Drive and Briarwood Court. This lot has access points on both Briarwood and North Barfield. The access to this lot should be changed to permit only access by way of Briarwood Court. f. The County reserves the right to eliminate the private driveway on North Barfield Drive should safety or capacity conditions warrant such action in accordance with the determination of Collier Co~nty. g. Roadway Impact Fees shall be paid on the basis of the fee schedule in Collier County Ordinance 92-22, as amended. JUNE 7, 1949 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Norris offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Saunders and upon roll call, the vote was: AYES: Commissioner Norris, Commissioner Saunders, Commissioner Yolpe, Commissioner Matthews and Commissioner Constantine NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 7th day of June , 1994. ",:.' ~'i{U ". ., ~: I;'" :'..:-,. 0,.. A"';""ES'T' ). ....:. :,./".;..... ~:- '. MoL . " .\,~ ..." . V" DWLGWl:..:.E. ':<BR0~K~CLERK "" .~ t! J, J;. /Il.- . . . ~ 'I; ~: t _ '. 'O't .,.1 ~'i ..~.II' . ,.~ ~_ '.' B '" :.' ..1' .'~ ..... ;; ," r!., . .' '.. .It 1,,: '~~.". \\, ".... 1.;.' . f"'" ",".'" . "...c..... It..I1~ J;-.... . AP1?ROVED \:'ASl'TQ "fORM AND LEG~"SUFFI~IENCY: . ':'1I"u~\' ..........,,, 111.~ ~ STUDENT ASSISTANT COUNTY ATTORNEY CHAIRMAN APPEALS FLORIDA ,d:~ CU-94-J RESOLUTION/11503 FINDING OF FACT BY COLLIER COUNTY PLANNING COMHISSION FOR A CONDITIONAL USE PETITION FOR CU-94-3 The following facts are found: 1. Section 2.2.1..) .2 of the Land Devlopment 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 i~ the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Manage~;rt 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 ~n case of fire or catastrophe: Adequate ingress & egress Yes''; No C. Affects neighboring properties in relation to no~e, 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.9se within district Yes 1- No Based on the above findings, this conditional use should, with stipulations, (copy attached) (ShOUl.d_ not) ,be J:l~4 recom?ended fo~ approval DATE:\ Se!!J' CHAIRMAN~ I FINDING OF FACT CHAIRMAN/md Exhibit '~ A" ..." ~"... "'" ' " __. _ nnn ,,~ n1l'~W .... "3N~O Cl31.:::5'2:l"lg H..1.2.loN .r- - - - - - - - - - T - - - - - - - - - - - ~ - - - - - - - - - - --\ 1t1 I I ~> I I I }t 1 I w I i !, I 1 ::2 I I I j I I I I I 1 It- ~l l~ ~, 10 ~I 15 13 IV \.). "1 7 I 8! ~ ~ ~ ! g ~!: ~ =t: ~ I!~ I.:!. I I ... -t-Q. ~!I ~ - : ,l~ ~I : 2=J ! li't,{) ~I ~ =t: I 1 I 2 =t: I I i --liTilr -- ! \ \ : I . I I I I I JUNE 7, 1994 \1\J~ l~4 -~r-x ~tl1\J' -~'2 ~(l..o --. . > I ~-<. I - ri' a . \9 t- I D ~ I IlJ 1 I t- <) I ~~I >~I t- -. I ~~ \) \ ~~I UJ \J V'I"1 . uJ Cia 0_ ti\\Il D:~ ?; ... ~ 1.1.1 !;" 3 , \J UI ~ -:I ,,1.11 -~~ 9'*~:21.D .4 ~~~ .J /L~ EXHIBIT "B" ,- / ;J~ (l ~ r-4 0 , \S'l o L -4 -1 (\ - w \- \f) ?; ill 7.