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Resolution 2009-022 RESOLUTION NO. 09- 22 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT. S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", 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 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: Page I of3 Petition CU-2008-AR-13639, filed by Alan Brewer of Reynolds Smith and Hills, Inc., representing The Church of the Jesus Christ of Latter Day Saints, with respect to the property described in Exhibit "B," attached hereto and incorporated by reference herein, is hereby approved for a Conditional Use pursuant to the Collier County Land Development Code in the Residential Single Family - Three Zoning District (RSF-3), for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in accordance with the Conceptual Site Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D," attached hereto and incorporated by reference herein. 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 cll'%ay of ,'fMuj ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY.-lix",,-, e;L-a DO A FIALA, CHAIRMAN Approved as to form and legal sufficiency: 4- 7wi. Steven T. Williams j{,) ~,rA Assistant County Attorney 1- Page 2 of3 Exhibits (attached): A. B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions of Approval Page 3 of3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2.04.03, Table 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 / 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 / No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. i DATE: I L/I 'j' /0 i COMMISSIONER: ( ,I I I , EXHIBIT A RESOLUTION NO, 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT. S,W" IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", 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 Section I O.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: Page I of3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2.04,03, Table 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 J 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~ 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 Yesl No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, DATE: /d//F/af COMMISSIONER: lfuth.-... ~'(id EXHIBIT A RESOLUTION NO, 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT. S.w., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", 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 Section 10,08.00.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: Page I of3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: I. Section 2.04,03, Table 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 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 / 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 .,/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: /Jl~/#-6% COMMISSIONER: x:-~ EXHIBIT A RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT. S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", 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 Section I 0.08.00,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: Page I of3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2.04.03, Table 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 7e 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 / 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 V No Based on the above findings, this conditional use should, th stipulations, (copy attached) be recommended for approval to the Board of Zoning Appe DATE:~ COMMISSIONER: EXHIBIT A ~noo SG}~~~ RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT. S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", 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 Section 10,08.00.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: Page I of3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2.04.03, Table 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 / 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 wiWn district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. COMMISSIONER: 'C(? / DATE: /'2./J'l/or / l...../ EXHIBIT A RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT, S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.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: Page I of3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2.04,03, Table 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 vi 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: 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 Yes Y No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 1.2.ilt/Of { I COMMISSIONER.J-f#-rl/1d-. ~/d (/dJu---r-J EXHIBIT A RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT. S.W" IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.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: Page I of3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2.04.03, Table 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 /' 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 Yesd 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 adjacent properties and other property in the district: Compatible use within district Yes~o_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DAn;. \~-Ie- ~~ COMMISSlONER.iJ~,^P ~ EXHIBIT A RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 nRD CT. S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", 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 Section 10,08.00.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: Page I of3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2.04.03, Table 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 Y'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 7ss Yes.L 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 adjacent properties and other property in the district: Compatible use within district yes............... No DATE: /;2 -/.1'''(/( COMMISSIONER' ;e,~ b~'''/ V/~ Based on the above findings, this conditional use should, with sti recommended for approval to the Board of Zoning Appeals. EXHIBIT A RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT. S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.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: Page I of3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2.04,03, Table 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 / 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 shoul , recommended for approval to the Board of Zoning App EXHIBIT A . th stipulations, (copy attached) be s. DATE: COMMISSIONER: RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT. S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.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: Page 1 of3 LEGAL DESCRIPTION GOLDEN GATE CITY UNIT 4, BLOCK 119, LOT I IN PLAT BOOK 5, PAGES 107- 116, COLLIER COUNTY FLORIDA N (Back) N 89d29'53"E 450.00 MEASURED N 90dOO'00"E 450.00 PLAT S (Front) CB=N82d08'II"W 450.00MEAS. CD=447.57 D=16d43'51" R=1538.17 L=449,16 T=226.19 CB=N8Id38'04"W PLAT CE=447.57 E (Side) SOOd30'07"E 397.65 MEASURED SOOdOO'OO"E 397.65 PLAT W (Side) NOOd30'07"W 331.48 MEASURED NOOdOO'OO"W 331.48 PLAT Exhibit B II i,llll; ldil ill!1 ill illll II I:: !'~!~bjl 'i~ I .tHI I! ~ ~!l i il.l'j i! III 101 :101 rl ! u E JO ! e:,PJ:t tr ~ G il Ii; 'I Ii ill! ,w IIll I I - j 11-1 ,.." 'II q-'-'II' I II I I Ii' II, -' _, -,. ,I ~ ! I' :lr!' ;j il.' i' II 111\ I, III ~.-!! g.-! I ; ~ I 'I o. 0' rll!I'il;I!I'-I",':1 ili; llll!l pl, I'" i' i' I i Ii-! I -- I II'! gl ''''I rllll!: 11'1'11l11! I " I!; I' -- 'I Wlll( ill:; Ill' I HIli: U,iiith,lu IUlI!" dl h III IUd ; Ii I Ii il1idr ,,!Iilll i II i ;lii 'lli':I: 111.lill 1!li,!!,MI 1::- ,;" ~ . . II . . ill.:: 1111 II! II DODO ;;* I ~~ 'I i(l, PI I, I L tll! Iii eeeeel'e ,1111 1Il1 mil .. ..- 1111 Iml 11111 !lnl lilHltl3 ! l : ',------------------------------ \~ 'il 19 10 III lu, 11I1 III .1: ;!: - \V' .~ J_ 'M'S 30't1Jl:!3.L H1.6. - --- ------------ ------------- - - -I i .-,..-- -- - I , , 'I' . , , I , , I ,I: I ~ w o z ~ . I -I ~ I II I i ~ i 'III I '.!l ! !i" I -.I, _ I. IIIII!I il I . 'I' Ii !'I!.II ",!IrI11 -11'11 !i l:.!1 'I II ..... I il -,' , I Iii , , I , , Iii Exhibit C CONDITIONS OF APPROVAL CU-2008-AR-13639 December 18, 2008 I. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Naples Meetinghouse Conceptual Plan," prepared by Reynolds, Smith and Hills, Inc., and dated December 8, 2008. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. Day care operations shall be limited to those provided during church services only. 3. The number of paved parking spaces on the site shall be limited to 177 spaces. Exhibit D