Ordinance 92-054 )INANCE PROVIDING FOR THE ESTABLIS~ENT OF
USES TO A CHURCH THAT HAS PREVIOUSLY RECEIVE~
[TIONAL USE (FORMERLY KNOWN AS PROVISIONAL U~}
AND A C~IILD CARE CENTER CONDITIONAL USER, IN
IE RSF-3 ZONING DISTRICT PURSUANT TO SUBSECTION
2.2.4.3.2 AND SUBSECTION 2.2.4.3.4 OF T}{E COLLI~R~
COUNTY LAND DEVEIX)PMENT CODE FOR PROPERTY LOCATEDm~IN
SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; BY ESTABLISHING THE RELATIONSHIP~
BETWEEN ORDINANCES AND RESOLUTIONS GRANTING CONDI~ONAL~
USES; AND BY PROVIDING AN EFFECTIVE DATE.
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 zonlS~' and s6ch business regulations as are necessary for the
protection'of the~public; and
~'~'~HEREAS, the County pursuant thereto has adopted a Land
~i Development Code (Ordinance No. 91-102) which includes a Comprehensive
Zoning Ordinance establkshing regulations for the zoning of particular
geographic'diVisions of the County¥ among which is the granting of
Conditionai'Uses; and
WHEREA~, the Collier County Planning Commission, being the duly
i~. appointed and constituted planning board for the area hereby affected,
has held a public hearing afte~ notice as in said regulations made and
provided, and has considered the advisability of Conditional Uses
and "4" in an RSF-3 zone for accessory uses to a church that has
previously received Conditional Use (formerly known as Provisional Use)
approval 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 regulation~ 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 opport~nity to be
heard by this Board in a public meeting assembled and the Board having
considered all matters presented.
· NOW, T~EREFORE BE iT ORDAINED, BY THE BOARD OF ZONING APPEALS of
054 230
'~Collier County, Florida that: .~
SECTION ONE= Grant of Conditional Use.
The petition filed by R. L. Schmeckpeper of R. L. Schmeckpeper,
Inc., representing Faith Lutheran Church of Naples, Florida, Inc., with
respect tO.' the pr0~erty hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
reference..herein
be and th~ same is hereby approved for Conditional Uses "2" and "4"
of the RSF-3 zoning district for accessory uses to a church that has
previously received Conditional Use (formerly known as Provisional
Use) apProval and a child care center in accordance with the
Conceptual Master ~lan (Exhibit "C") and subject to the following
conditions:
Exhibit "D" whtch is attached hereto and incorporated by
reference herein.
SE~IONL~OI :Relationship 'Between' Ordinance and Resolution
Granting Conditional Use.
In the event that t~ should be dete~ined that the grant of
conditional uses should' be by resolution, then this Ordinance shall
constitute a resolution for such purest.
, ~ts Ordinance'~hall become effective upon receipt of notice
from the Secreta~ o~ State that this Ordinance has been filed with
the Secreta~ of State.
PASSED ~D D~Y ADORED by the Board of Zoning Appeals of
Collier County, Florida, th~s . day .of
BO~ OF ZONING APP~LS
J~ES' C. aILES} ~L~
App~yed..as t~°fo~ and ~mm~ ofjtat,, Offl~
( D~nis P.i Cr~nin By
~ststant County Attorney '
~-92-60~IN~CE/nb/7788
FINDING OF FACT
B~
COLLIER COUNTY PLANNING COMmiSSION
FOR
A CONDITIONAL USE PETITION
FOR
.%
~.~
:~.: The following facts ara found=
2.2.&. 3.2 an4
i:':' 1, Section, ~ ~ /. ~./. of the Land Devlopment
Cods authorized the condit£onal usa.
~;.'~ °)~r~'hZtng ~.~.'~. _~d'tt~on"a~"U'se will not adversely affect
the publi~ '~nt~rest'~nd will not adversely affect other
~roperty..or .uses in the .same district or neighborhood
because of:
' ;'" A.' Con~'is'tency with the Land .Development Code and .-'~
.. Growth Managem~t Plan:
Yes ~ No
.'~:
B, Ingress and egress to property an~ 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 propert'ies tn 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 us,&/withln district
Yes ~' No
Based on the above 'findings, this conditional use should, .
with stipulations, (copy attacbe_d~ (shpuld not) b
recommended for approval /~/r~ · '.~~..---'~/
· =_ ,~ ~-~ -':.
d' :': ' '
.~ ' FINDING OF FACT CHAIRMAN/md
-~ '. · : ', .:
,:
EXHIBIT "A"
~.~.
DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
· ,~PLICATION.
· All that part of Lots 35, 36 s.nd 37, Naples Improvement Co.'s Little Farms, accorddng
:~ to the plat thereof as recorded in Plat Book 2, Page 2, of the Publ/c Records of Collier
-' County, Florida also being all that part of Section 15, Township 49 South, Range 25
East, Collier County, Florida, being more particularly descn'bed as follows:
Commencing at the Northwest corner of the Northeast 1/4 of said Section 15, thence
along the North line of said Section 15 North 89' 55' 30" East 45.00 feet to a line
which lies 45.00 feet Easterly of and parallel with the North-South 1/4 section line of
said Section 15; thence along said parallel line South 0' 00' 29" East 50.00 feet to the
South line of a road right-of-way as recorded in O.P,. Book 156, pages 66 and 67, of
the Public Records of Collier County, Florida; thence along the East line of a road
right-of-way as recorded in O.1L Book 41, pages 592 and 593, O.R. Book 41, pages 531
and §32. O.R. Book 167, pages 522 and 523, of the Public Records of Collier County,
Florida, South 0' 00' 29" East 4463.72 feet to the Point of Beginn/ng of the parcel
herei.n' .descn'bed:
thence leaving aa~l East l~e~ North 89' 43' 00" East 529.68 feet; thence South 0' 17'
00" East 780.00 feet to the North right-of-way line of Solana Road (a 30' r/ght-of-
way~t.l!. ~c~; alo~'Saihl'.Ns~h .right-of-way line, South 89' 43' 00" West 351.43 feet;
thenc~N6ri~ Il' 00"~9~ W~St 359.12 feet; thence South 89,~3' 34" West 182.00 feet;
then~[.~ofig said East line, North (I' 00' 29" West 420.86 feet to the Point of
Beginning of the parcel herein descn'bed.
~, . . ~'.. Future Future
-~: :. Ad~ln;str~tlve Educc~ctonal, Bu;ld;ng
Dultdlno Expansion Ex;st;r.g
Paved P~;ng
j; , 529,~8 Feet N89'43'00'E
,, £~Istin~'~ ~
Eddcatlon~t ' ' ' ....
Bu;tdlng
Ex,st;no
Future
Or~ss Parking I - - -
~. ~.~
Sot~n~ Ro~d . ,..., · ; . .. ,,
FAITH LUTHERAN CHURCH
"' , ~00~ O5~Pl~t~3~ 4150 GDDDLETTE ROAD NORTH
~'~ m NAPLES, FL 33~40
g?~Ik 10, 1~
SCALE: 1' = 100'
Exhibit "C"
: ..
~ I, R.L. Schmeckpeper, as authorized agent for Petition
CU-92-6, agree to the following stipulations requested by the ''
Collier County Planning Commission in their public hearing on
f: . Ju~e 18, 1992.
a; The Planning Services 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
b. This project shall be subJsct to Site Development Plan
(SDP) Approval in accordance with Division 3.3 of the ,~..,~,'"""
Collier County Land Development Code.
c. Detailed paving, grading, site drainage and utility plans
shall be submitted to Project Review Services for review.
No construction permits shall be issued unless and until
approval of the proposed construction in accordance with
the submitted plans is granted by Project Review Services.
d. Design and construction of all improvements shall be ..,
subject to compliance with the appropriate provisions of
Division 3.2 of the Collier County Land Development Code. :
e. Work within Collier County right-of-way shall me~t the '~,
requirements of collier county right-of-way Ordinance No.
82-91.
f. Detailed water management plans and calculations, signed
and sealed by a Florida Professional Engineer, shall be
provided at the time of Site Development Plan (SDP)
review.
EXHIBIT ~D"
054,, 235
7:, ::" - . ~,.~ ..... - ' ,' .,~-.~
!~{ ~ g. With regards to the Future Parking Area, as shown on the
~,': Conceptual Site Development Plan, the use'of grassed
? parking surfaces, with 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 (parking spaces and parking aisles)
;
as impervious surfaces.
h'. This ~roJe~t Shall be required to meet all County
Ordinances"in'effect'At the time that final c6nstruction
documents are submitted for development approval.
i. Prior to Final Site Development Plan (SDP) approval, a
letter from the City of Naples stating that the Utilities
D~trict.h'as reYiewed and approved the water facilities
~Onstruction documents for service to the'project shall be
submitted to Project Review Services.
J. Verification of existing septic tank and drainfield
capacity to serve the overall project, pursuant to .~
Ordinance No. 80-112, shall be provided to Project Review
Services.. If capacity is not sufficient, expansions of
the septic system shall be iljustrated on the Final SDP in .']~
accordance with FAC Chapter 10D-6.
k. Native vegetation shall be retained within the future
parking area to the south of the future fellowship
building (i.e., Laurel Oak, Cabbage Palm) -~'~
1. The Petitioner shall adhere to all of the requirements of
Section 4.6 of the Groundwater Protection Ordinance
(Ordinance. No. 91-~0~).
m. The proposed uses shall be required to meet the State of
" Florida's Uniform Fire Safety Rules and Standards. ·
3-' ,
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement Sheet w~s acknowledged before me thie
day of (~t~ n ~ , 1992 by
personall~known to me ~~r~uccd
~ and who ~ (did not) take an oath.
(~gnagure of ~ogary Public)
~ATIVE FO CCPC
s~ o~ ~D~ ~'~
-,/:.' CO~TY OF COLLIER
~e foregoing Agreement Sheet was acknowledged before me:thie
day of ~~ , 1992 by
~n and who ~ (did not) take an oath. · '
of Notary Public) '
N~Y PUBLIC
Sertal/Co~tsston
.>~' My Co~fssion E~f (NOTARY S~L)
"'"
STATE OF FLORIDA
COUNTY OF' COr. r. IER
...... I~JAM~S:C.o GIL~-Si 'Clerk of Courts in and for the
, ._,.:.~en~a~h-.Judtctal,-Ctrcuit, Collier Count~, Florida, do
~.. hereby.certify that the foregoAn~ As a true copy of:
[..
....... / ..... ' ............ r Baste No 92-54
Th~:4th:day of Au~t, 1992, durtn~
WI~SS my h~d ~ the official seal of the Board of
Cowry Co~ssloners of Collier Cowry, Florida, th~s 7th
,..~ . ,~ ... . . ~, .~