The URL can be used to link to this page

CCPC Agenda 09/18/2008 R AGENDA Revised Meeting must end by 4:30 P.M. COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, SEPTEMBER 18, 2008, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER,3301 TAMIAMI TRAIL EAST,NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES—AUGUST 7,2008,REGULAR MEETING;AUGUST 13,2008,LDC MEETING 6. BCC REPORT-RECAPS—Not Available at this time 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. CPSP-2007-7, Creating a new Public School Facilities Element with support document and amending the Capital Improvement Element; Intergovernmental Coordination Element; Future Land Use Element and Future Land Use Map Series;Golden Gate Area Master Plan;and Immokalee Area Master Plan to establish a public school concurrency program. This is a companion item to the Public School Facility Planning and School Concurrency Inter-local Agreement between the District School Board of Collier County and Collier County Board of County Commissioners and the cities of Marco Island, Everglades and Naples. [Coordinator: Michele Mosca,AICP,Principal Planner] HEARING HELD 8/29/2008 B. Petition: PUDA-2008-AR-13063, Silver Lakes Property Owners Association of Collier County, Inc., represented by Dwight Nadeau of RWA Consulting, Inc. request a PUD Amendment to the Silver Lakes PUD (Ordinance No. 05-14) to provide additional living space for specific accessory structures. The +146- acre subject property is located approximately one and a half miles south of the Tamiami Trail(US 41) and Collier Boulevard (CR 951) intersection in Sections 10 and 15, Township 51 South, Range 26 East, Collier County Florida. (Coordinator:John-David Moss,AICP) 1 C. Petition: CU-2008-AR-13201, VI LTD, Limited Partnership and Collier County Parks and Recreation, represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., is requesting a Conditional Use in the Residential Tourist(RT)zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) and the RMF-16 Zoning District, pursuant to Land Development Code Section 2.01.03.G.1.e, to allow for public facilities (limited to public restroom facilities) that will be constructed within the public right-of-way and partially within the Moraya Bay Beach Club property. The subject property is located in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator:Kay Deselem,AICP) D. Petition: CU-2008-AR-13060,Naples Baptist Church,Inc.represented by Laura DeJohn,AICP,of Johnson Engineering, Inc., requests a Conditional Use in the Mobile Home Overlay within the Agricultural zoning district (A-MHO) pursuant to 2.03.01.A.1.c.7 of the Land Development Code (LDC). The 4.96 acre A- MHO zoned site is proposed to permit a Church with a maximum of 12,000 square feet of floor area. The subject property is located at 2140 Moulder Drive, Section 30, Township 48 South, Range 27 East, Collier County,Florida. (Coordinator:Nancy Gundlach,AICP) 9. ADVERTISED PUBLIC HEARINGS A. Petition: PUDZ-2006-AR-10294, Naples Church of Christ, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, Inc., and Richard D. Yovanovich, Esq. of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., is requesting rezoning from the Rural Agricultural zoning district (A) to the Mixed Use Planned Unit Development (MPUD) zoning district to allow development of a maximum of a 1,000 member religious facility, 150 student cumulative enrollment preschool and kindergarten through 8th grade elementary schools, 74 multi-family, 2 single-family dwelling units, and/or 200 assisted living units, in a project known as the Naples Church of Christ Mixed Use Planned Unit Development(MPUD). The subject property, consisting of 19.1 acres, is located on the east side of Livingston Road approximately 0.6 miles south of Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator:Nancy Gundlach,AICP)CONTINUED FROM 9/4/08 B. CP-2006-7, Petition requesting an amendment to the Future Land Use Element, including the Future Land Use Map and Map Series(FLUE/FLUM),to change the Urban Residential Subdistrict designation in order to establish the Italian American Plaza and Clubhouse Commercial Subdistrict in the Urban Commercial District, for a 20,000 square foot clubhouse and up to 34,000 square feet of gross leasable area for financial institutions, schools, professional and medical offices, and personal and business services consistent with the General Office (C-1) Zoning District of the Collier County Land Development Code, for property located at the southwest corner of the intersection of Airport-Pulling Road (CR 31) and Orange Blossom Drive, in Section 2, Township 49 South,Range 25 East, Collier County,Florida consisting of 5±acres. [Coordinator: Corby Schmidt,AICP,Principal Planner] CONTINUED FROM 8/29/2008 C. CP-2006-8, Petition requesting an amendment to the Future Land Use Element, including the Future Land Use Map and Map Series(FLUE/FLUM),to change the Urban Residential Subdistrict designation in order to establish the Airport/Orange Blossom Commercial Subdistrict in the Urban Commercial District, for up to 40,000 square feet of gross leasable area for financial institutions,professional and medical offices, adult and child day care, personal and business services, and senior housing in the form of an assisted living facility and/or continuing care retirement center, or other similar housing for the elderly, consistent with the General Office(C-1)Zoning District of the Collier County Land Development Code, for property located on the west side of Airport-Pulling Road (CR31), approximately 330 feet south of Orange Blossom Drive and immediately south of the Italian American Club, in Section 2, Township 49 South, Range 25 East, Collier County, Florida consisting of 5± acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] CONTINUED FROM 8/29/2008 2 D. CPSP-2006-13, Comprehensive Planning Department staff petition requesting amendments to the Future Land Use Element and Future Land Use Map and Map Series (FLUE/FLUM), Transportation Element(TE) and Maps, Recreation and Open Space Element (ROSE), Economic Element (EE), and Golden Gate Area Master Plan Element and Golden Gate Area Master Plan Future Land Use Map and Map Series (GGAMP/GGAMP FLUE/FLUM), to change the allowance for model homes in Golden Gate Estates; to expand an area excepted from the conditional use locational criteria along Golden Gate Parkway within Golden Gate Estates; to extend the Transfer of Development Rights early entry bonus in the Rural Fringe Mixed Use District; and,to make corrections of omissions and errors and other revisions so as to harmonize and update various sections of these elements of the Growth Management Plan. [Coordinator: David Weeks,AICP,Planning Manager] CONTINUED FROM 8/29/2008 E. CPSP-2007-6,A petition requesting an amendment to the Potable Water Sub-Element of the Public Facilities Element, to amend Policy 1.7 to add a reference to and incorporate the County's "Ten-year Water Supply Facilities Work Plan." [Coordinator: Carolina Valera, Principal Planner] CONTINUED INDEFINITELY F. Petition: CU-2007-AR-12419, ABC Liquors Inc., represented by Heidi K Williams, AICP of Q Grady Minor and Associates, P.A., is requesting a Conditional Use of the Commercial Intermediate (C-3) Zoning District with a Special Treatment (ST) Overlay to increase the maximum allowable square-footage of personal services,video rental,or retail uses(excluding drug stores, 5912)from 5,000 square-feet of gross floor area to 12,000 square-feet of gross floor area in the principal structure. The subject property, consisting of approximately 1.79± acres of land, is located in the northeastern quadrant of the CR951 and US41 intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (Coordinator: John- David Moss,AICP) RE-ADVERTISED FROM 8/7/08 G. Petition: VA-2006-AR-11064, VI Partners, LTD and Collier County Parks and Recreation, represented by Richard Yovanovich of Goodlette, Coleman & Johnson requesting variances for a trellis structure as specified in Section 2.03.07.L.6. of the Collier County Land Development Code (LDC) for a property in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), as follows: 1)from the required 45 feet for the trellis to the principal residential structure,to allow 25 feet; and 2) from the required 50 percent of the building height but not less than 30 feet for the trellis to north property line, to allow 10 feet; and 3) from the required 50 percent of the building height but not less than 15 feet for the trellis to the public restroom building, to allow 10 feet. The subject property, consisting of 5.14± acres, is located at 11125 Gulf Shore Drive, on the corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Kay Deselem,AICP) (Companion to CU-2006-AR-11046) RE-ADVERTISED FROM 9/4/08 H. Petition: CU-2007-AR-12357,First Congregational Church of Naples,represented by D.Wayne Arnold of Q. Grady Minor and Associates, P.A., requesting a Conditional Use to permit The First Congregational Church of Naples to construct a 300 seat facility. This site is zoned Estates (E) and is located within the Estates Designation on the Future Land Use Map of Collier County Growth Management Plan. Pursuant to Section 2.04.03 of the Land Development Code, churches and places of worship are permitted conditional uses in the E, Estate zoning district. Currently the property is utilized as a single family residence. The subject property is 2.6+/-acres located at 6225 Autumn Oaks Lane, Section 29,Township 48 South,Range 26 East,Collier County,Florida. (Coordinator:Melissa Zone) I. Petition: PE-2008-AR-13117, Lee County Electric Cooperative, Inc. (LCEC), represented by Tim Hancock, AICP, of Davidson Engineering, Inc. is requesting a Parking Exemption for the LCEC Immokalee Area Service Center pursuant the Collier County Land Development Section 4.05.02.K.3. The parking exemption seeks approval of a 20-parking space employee parking area on a residential zoned lot (Residential Multi-family 6 [RMF-6] Zoning District). The subject property, consisting of 2.46± acres, is located in Immokalee on 15th Street North, approximately 400 feet south of Immokalee Drive, in Section 5, Township 47 South, Range 29 East, Immokalee, Collier County, Florida. (Coordinator: Kay Deselem, AICP) 3 J. Petition: NUA-2007-AR-12575, Hitching Post Co-op, Inc., represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a non-conforming use alteration approval, to enable unit owners to replace existing non-conforming structures, in conformance with the Fire Code and so as not to increase the existing non-conformities. The subject 44.46 ± acre property is located in the Hitching Post Co-op subdivision, along the west side of Barefoot Williams Road, approximately 200 feet south of the intersection of Barefoot Williams Road and Tamiami Trail East, in Section 33, Township 50 South, Range 26 East,Collier County,Florida. (Coordinator:Nancy Gundlach,AICP) K. Petition: PUDA-2007-AR-11546, Longshore Lake Foundation, Inc., represented by Robert L. Duane, AICP of Hole Montes, Inc., requesting a Planned Unit Development(PUD)Amendment to Longshore Lake PUD Ordinance No. 93-3, Section 3.2 B. to allow an off premise sign for Saturnia Falls (aka Terafina PUD) in Longshore Lake Unit 5C, Tract B; or, in the alternative to allow the off-site premise sign to become an on-site premise sign for Longshore Lake;to reinsert partially omitted Traffic Requirements: Section 5.2, Stipulations subsection 2; to reinsert omitted Traffic Requirements: Section 5.2, Stipulations subsections 3 and 4; and to add Section 8: Deviations. The subject sign is located on a .5± acre property located on the southeast corner of the Longshore Lake PUD,at the northwest corner of the intersection of Immokolee Road (CR 846) and Logan Boulevard in Section 20, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator:Nancy Gundlach,AICP) CONTINUED TO 11/20/08 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN Note: RECONVENING OF THE PUBLIC HEARING FOR LDC AMENDMENT 2008 CYCLE 1 ADJOURN 9/18/08CCPC Agenda/RB/mk/sp 4 AGENDA ITEM 9-A CO 6Y County MEMO TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 9, 2008 RE: PETITION PUDZ-2006-AR-10294 — NAPLES CHURCH OF CHRIST MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) The Collier County Planning Commission (CCPC) heard this petition at its September 4, 2008 meeting. This petition was not completely heard due to room scheduling. The CCPC voted unanimously (8-0) to continue this item to the regular agenda at the September 18 CCPC meeting. In addition, the CCPC requested that the PUD Document be revised as follows: (Staff clarification is provided in parenthesis.) 1. The Staff recommended playground shall be removed. 2. Remove the interconnection(between Naples Church of Christ development and Positano Place). 3. There shall be 200 ACLF units or 74 multi-family units. There shall not be a mixture of the two. 4. The wall between the CF tract and the CF/R tract shall only be required if there is a nonrelated (i.e. residential) land use. 5. Provide a list of principal outdoor recreational facilities. (The applicant shall provide a written list). 6. Exhibit F "List of Developer Commitments" item 2A "Environmental:" Remove first two sentences and keep the last sentence. 7. Exhibit A "Permitted Uses" Preserve Tract: Add a sentence that the land uses can not reduce the overall preserve acreage. 8. A wall is required along the north property line (between the Naples Church of Christ and Positano Place). ATTACHED INFORMATION: The revisions have been made to PUD Exhibits. PREPARED BY: Nancy Gundlach, AICP, Principal Planner Department of Zoning and Land Development Review 9-9-08 AGENDA ITEM 9-G 9JruntY STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES DIVISION HEARING: SEPTEMBER 18, 2008 SUBJECT: PETITION VA-2006-AR-11064, MORAYA BAY BEACH CLUB (COMPANION TO CU-2006-AR-11046 and CU-2008-AR-13201) PROPERTY OWNER/AGENT: Owner(s): VI Ltd. Limited Partnership Collier County Parks& Recreation Department 800 Laurel Oak Dr., # 301 3300 Santa Barbara Boulevard Naples, FL 34108 Naples, FL 34116 Agent: Mr. Richard D. Yovanovich Goodlette, Coleman, Johnson Yovanovich &Koester, P.A. 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for three proposed variances from the requirements of the Residential Tourist (RT) zoning district and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO) as follows: 1) A variance of 25 feet 4 inches from the required Building Separation Distance calculated as half the sum of the two buildings (50 feet 4 inches)between the trellis and the principal residential structure to allow a 25 foot separation; 2) A variance of 20 feet from the minimum required 30 foot front yard setback for the trellis to the north property line to allow a 10 foot setback; and 3) A variance of 2.5 feet 4 inches from the required Building Separation Distance calculated as half the sum of the two buildings (12.5 feet 4 inches) between the trellis and the proposed public restroom building along the northern property line (Bluebill Avenue) to allow a 10 foot separation. GEOGRAPHIC LOCATION: The subject property, consisting of 4.96± acres, is located at 11125 Gulf Shore Drive, on the Southwest corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) Moraya Bay, VA-2006-AR-11064 September 18, 2008 ccPc Page 1 of 8 PURPOSE/DESCRIPTION OF REQUEST: The subject property was the site of the Vanderbilt Inn. The site is being redeveloped as the Moraya Bay Beach Towers, an 11-story building over two levels of parking. The Site Development Plan (SDP) was approved on November 27, 2005 in SDP-2004-AR-6141, allowing 72 dwelling units in one structure. The Board of County Commissioner and Van-Dev Inc. and Vanderbilt Beach Association, Ltd. entered into a settlement agreement which included a provision to limit the maximum building height to 90 feet (zoned height) and increase the side yard setbacks to 52 feet. As originally proposed, the petitioners had agreed to construct a separate building from the Moraya Bay Beach Tower structure that would house both a private club and restroom facilities for the Collier County Parks and Recreation Department. The restrooms were to be open to the public,while the club as noted was to be private. The private club is the subject of a companion petition seeking Conditional Use (CU) approval (for a private club) in petition number CU-2006-AR-11046. In response to concerns raised at the first of two Neighborhood Information Meetings (NIM) held to meet the requirements of the conditional use process, the petitioners revised the scope of the project to incorporate the private club within the confines of the Moraya Bay Beach Tower structure rather than housing the club in its own separate structure. Consequently, the County Parks staff was required to relocate the restroom facilities in a separate structure as it cannot be incorporated into the privately owned Moraya Bay Beach Tower. The petitioners have decided to place the County restroom facilities within the county right-of- way of Bluebill Avenue for the most part with a slight encroachment onto the Moraya Bay Beach property. The restroom facility is the subject of the other companion petition, CU-2008-AR- 13201. The restroom structure, as shown on the attached site plans, will encroach approximately 4.8± feet into the Moraya Bay Beach property along the north/south shared boundary and approximately 4.5 feet along the east/west boundary. The structure has been proposed to be located at the farthest point from the right-of-way of Gulf Shore Drive, and abutting the Moraya Bay Beach property line to allow for maximum vehicle maneuverability. The petitioner wishes to place a decorative trellis to separate the Moraya Bay Beach Tower residents from the Parks and Recreation restroom facility (as shown on the drawings on the next page). The trellis is viewed as a structure and as such it is required to meet building setbacks and separation distances. The trellis and its relationship to other structures and property lines therefore create the need for the variances. The petitioner is seeking approval of three variances. The first variance requests a reduced building separation distance between the residential tower building and the trellis from the required 50 feet 4 inches, to allow a 25 foot reduction. The second variance seeks a reduced front yard setback from the required 30 feet, to allow a 10-foot setback along the north property line. The third variance seeks a reduced building separation distance between the trellis and the proposed public restroom building from the required 12.5 feet 4 inches, to allow a 10 foot separation distance. The petitioners "Details of Setbacks Requiring Variance" exhibit shows the three variances. Moraya Bay, VA-2006-AR-11064 September 18, 2008 CCPC Page 2 of 8 Trellis 1,,_ —► ti` MA:, �M+,xd e `.d''r3`2'u�. 4 cr,' v 4.1.. y w .' `■ L 7 R 3 _3 .�j - _ ... "estroom , ' .. '` . �' Facility �. VIEW LOOKING EAST ::71N' — BLUEBILL AVENUE BEACH I`nSsocis,ea OVItw RttIROON FACMIT7 ONLY) OC'IOYER 29,2007 l.=4;1:41,174=no..:. �v Moraya Bay Restroom ' Beach Tower Facilities }r. rte' Residential y . p . ,7 .y�q:m4Build [� Y: ii e �"' 1.� a:r V �"-� '"£, '`%„fs'v,;{§ �i"` * fir' iµt, �',,q - l � � �, �,c,r „ , of VIEW LOOKING MST �'�:�� BLUEBILL AVENUE BEACH MICHAEL.I..La7D (wrrslwnmoowF ew,ONLVI ft ASSOCIATES,.I'.h OC.0 Sw 22 2007 .-.. ..,r . Moraya Bay, VA-2006-AR-11064 September 18, 2008 ccPC Page 3 of 8 Moraya Bay Beach Restroom - ; Residential Tower Facility �= Building ,_ _ - , \ \ --,„ -Aiximil,-.4z1;.,. ...,. , .„ . „writ/1,, _ , „., „. ,....-._ i \ N N \ /1 1 1 11b . .r ._ ,, `"' ,<,e ■ A : lor ii, 3": SW41' "I 1'* - i = I ii 3, „- „... ,.._....;::„.........„ Excerpt from and Enlargement of"View Looking West" SURROUNDING LAND USE & ZONING: North: Delnor-Wiggins Pass State Park, zoned CON-ST East: Gulf Shore Drive, then Vanderbilt Landings, developed high rise residential structures,with a zoning designation of RMF-16 South: Vanderbilt Gulfside Condominiums, developed high rise residential structures, with a zoning designation of RMF-16 West: Gulf of Mexico AERIAL MAP # , 4 -'- 1x 0,, t k s! J ti _v�!,9 fi a rE w "� F 4 r,, _. — _ •_ SUBJECT ,, ` s �`-11 f ; PROPERTY C . 3 y, 1 tw the - '; '' ", ' , "1 Cans `mYHeprIYAP(",.N4b5Pe-" t �; b 51� :"';'4'. Moraya Bay, VA-2006-AR-11064 September 18, 2008 CCPC Page 4 of 8 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located within the Urban designated area (Urban - Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map (FLUM), and is within the Coastal High Hazard Area. This designation allows: residential development at a density of three dwelling units per acre, unless density bonuses are awarded. Further, this property is identified on the Consistent by Policy Maps, part of the FLUM series, as "improved property." As such, via Future Land Use Element (FLUE) Policy 5.9, this site is allowed to develop or redevelop in accordance with the existing RT zoning. Conditional uses, such as private clubs intended solely for the use of the owners and their guests as is proposed in this petition's companion request, are allowed. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use, therefore the variances requested are not specifically addressed in the GMP. ANALYSIS: Section 9.04.01 of the Land Development Code (LDC) gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and utilizes the provisions of Section 9.04.03 A. through H., in bold font below, as general guidelines to assist in making a recommendation of approval or denial. Staff has analyzed this petition relative to these provisions, and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. As previously noted, the subject site's owner is a party to a settlement agreement. A provision of that settlement agreement required the property owner to grant a 20-foot wide public beach access along the property's northern boundary. To augment that beach access, county Parks and Recreation Department staff has determined that this area is also an appropriate location for public restroom facilities to serve the patrons who may use that beach access. The restroom facility is to be constructed within the Bluebill Avenue right- of-way at the extreme western boundary of that right-of-way, along the shared property boundary of the right-of-way and the Moraya Bay Beach property(see site plan). The petitioner wishes to shield the Moraya Bay Beach users from the restroom facility by installing a trellis between the tower and the restroom facilities. As noted previously, the trellis does not meet separation distance requirements from the tower or from the proposed restroom facilities, and it does not meet minimum setback distances from the property line thus variances are being requested. b. Are there special conditions and circumstances,which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the Variance request? No. Moraya Bay, VA-2006-AR-11064 September 18, 2008 ccPc Page 5 of 8 c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. Since the Moraya Bay developer has decided to put the private club within the residential tower building instead of a placing it in a separate structure, the county no longer has the opportunity to co-locate the restroom with the private club structure. This creates a "practical difficulty" for the County. The county did not obtain additional lands upon which to construct the restroom facilities believing that the facilities would be accommodated within the planned private club. Therefore the county is left with a 20 foot access easement but no land within which to place the restrooms. Therefore the restrooms are being constructed in the right-of-way. Ultimately the public, who would benefit from the construction of the restrooms, would have to endure the "practical difficulty" if the restroom could not be constructed as proposed. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, the variance is not the minimum variance for "reasonable use of the land . . ." because the subject of the variance is a trellis, which is not a required structure. The trellis is an aesthetic feature that the petitioner wishes to construct, but the trellis is not a crucial element to allow"reasonable use of the land, building or structure." It is an amenity that is proposed to enhance the project. Without the trellis, variances would not be required. Yes, the variance "will promote standards of health safety and welfare." Providing public restroom facilities for public park users should lessen the occurrences of persons using private property that is not designed for said purposes. It is important to realize that the variances are needed because the restroom facilities have been sited at the terminus of the public right-of-way to allow the maximum area for vehicle maneuverability as depicted on the "Bluebill Beach View Looking West" exhibit (page 4 of the staff report). Because the public will benefit from the restrooms that are to be constructed, approval of these variances will "promote standards of health, safety and welfare." - e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The proposed Variances will not directly affect any other property owners because the area within which the variances would be effective are either internal, as in the case of the building separation distance variances or, adjacent to a county right-of-way or easement, as Moraya Bay, VA-2006-AR-11064 September 18, 2008 CCPC Page 6 of 8 is the case with the setback reduction variance. The property to the north is part of the Delnor-Wiggins State Park entrance, and provides several parking spaces (see aerial photo). The settlement agreement calls for a redesign of the entrance feature into a cul-de- sac; the existing parking spaces will be sacrificed in that design. The existing parking spaces do not meet current code requirements anyway because the parking spaces are not part of a parking lot and allow vehicles to back out directly into the entranceway. That design is prohibited by the LDC. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, the subject site is located along the Gulf of Mexico and the right-of-way of Bluebill Avenue. The restroom facilities will be an amenity to beach users. h. Will granting the Variance be consistent with the Growth Management Plan (GMP)? Approval of this Variance petition will not affect or change the requirements of the Growth Management Plan. Unless part of a specific GMP Subdistrict with explicit design guidelines, the GMP generally only addresses uses in determining GMP consistency, not site design features. ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION: The EAC does not normally hear Variance petitions. Since the subject variance does not impact any preserve area, the EAC did not hear this petition. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition VA- 2006-AR-11064 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following condition: The variances granted are limited to what is depicted and limited and more particularly described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya Bay Beach Tower Conceptual Site Plan" last revised June 18, 2008 and "Moraya Bay Beach Tower Detail of Setbacks for Variance Request," last revised June 23, 2008. Moraya Bay, VA-2006-AR-11064 September 18, 2008 ccPc Page 7 of 8 PREPARED BY:/4("1"xi KAY FJ SELEM,AICP,PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RA IND V. BELLOWS, ZONING MANAGER DATE DEP.fa TMENT OF ZONING AND LAND DEVELOPMENT REVIEW ALCA—A-- CO) gb/ r) S-OSAN MURRAY-ISTENES,AICP,DIRECTOR 'DAT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW • ' ; : Such DATE MANAGING ASSISTANT COUNTY ATTORNEY APPROVED BY: 46. • os- /3-0 "EPH K. SC TT, kR ISTRATOR DATE COMMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES DIVISION MARK P. STRAIN, CHAIRMAN DATE Staff report for the September 4, 2008 Collier County Planning Commission Meeting Tentatively scheduled for the September 23, 2008 Board of County Commissioners Meeting. Attachment: Conceptual Site Plan Moraya Bay, VA-2006-AR-11064 September 18, 2008 CCPC Page 8 of 8 RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER VA-2006-AR-11064 REQUESTING VARIANCES FOR A TRELLIS STRUCTURE AS SPECIFIED IN SECTION 2.03.071.6. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR A PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), AS FOLLOWS: 1) BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE PRINCIPAL RESIDENTIAL STRUCTURE FROM THE REQUIRED V2 THE SUM OF THE TWO BUILDINGS TO ALLOW A 25 FOOT SEPARATION DISTANCE (A REDUCTION OF 25 FEET 4 INCHES); AND 2) FRONT YARD (RIGHT-OF-WAY): FROM THE MINIMUM REQUIRED 30-FOOT FRONT YARD SETBACK FOR THE TRELLIS TO THE NORTH PROPERTY LINE, TO ALLOW A 10 FOOT SETBACK (A REDUCTION OF 20 FEET); AND 3) BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE PROPOSED PUBLIC RESTROOM BUILDING ALONG THE EASTERN PROPERTY LINE (ALONG BLUEBILL AVENUE) STRUCTURE FROM THE REQUIRED Y2 THE SUM OF THE TWO BUILDINGS TO ALLOW A 10 FOOT SEPARATION DISTANCE (A REDUCTION OF 2.5 FEET 4 INCHES) FOR A PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), LOCATED AT 11125 GULF SHORE DRIVE ON SOUTHWEST CORNER OF GULF SHORE DRIVE AND BLUEBILL AVENUE IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) (Ordinance No. 2004-41, as amended)which establishes regulations for the zoning of particular geographic divisions of the County,among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability to allow variances for a trellis structure as specified in section 2.03.07.L.6. of the collier county land development code (LDC) for a property in the residential tourist(RT)zoning district Revised 8/04/08-VA-2006-AR-11064(HFAC) Page 1 of 3 and the Vanderbilt beach residential tourist overlay district (VBRTO), as follows: 1) building separation distance: between the trellis and the principal residential structure from the required 1/2 the sum of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches); and 2) front yard(right-of- way): from the minimum required 30-foot front yard setback for the trellis to the north property line, to allow a 10 foot setback(a reduction of 20 feet); and 3)building separation distance: between the trellis and the proposed public restroom building along the eastern property line(along bluebill avenue) structure from the required 1/2 the sum of the two buildings to allow a 10 foot separation distance(a reduction of 2.5 feet 4 inches) for a property in the Residential Tourist(RT) Zoning District and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), as shown on the attached site plans, Exhibit "A," for the property hereinafter described in Exhibit `B," and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in 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 VA-2004-AR-11064 filed by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. representing VI Ltd. Limited Partnership, successor by merger to VI Partnership Ltd. and the Collier County Parks and Recreation Department, with respect to the property hereinafter described in Exhibit `B" be and the same hereby is approved for 1) building separation distance: between the trellis and the principal residential structure from the required 1/2 the sum of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches);and 2) front yard(right-of- way): from the minimum required 30-foot front yard setback for the trellis to the north property line, to allow a 10 foot setback(a reduction of 20 feet); and 3)building separation distance: between the trellis and the proposed public restroom building along the eastern property line (along bluebill avenue)structure from the required '/2 the sum of the two buildings to allow a 10 foot separation distance (a reduction of 2.5 feet 4 Revised 8/04/08-VA-2006-AR-11064(HFAC) Page 2 of 3 inches) for a property in the Residential Tourist(RT)Zoning District and the Vanderbilt Beach Residential Tourist Overlay District(VBRTO) as shown on the attached site plans, Exhibit "A," wherein said property is located, subject to the conditions shown in Exhibit"C." BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2006-AR- 11064 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2008. ATTEST: BOARD OF ZONING APPEALS DWIGHT E.BROCK, Clerk COLLIER COUNTY,FLORIDA BY: ,Deputy Clerk TOM HENNING,Chairman Approved as to form and legal sufficiency: `x`. Heidi Ashton-Cicko Assistant County Attorney Attachments: Exhibit A: Site Plans Exhibit B: Legal Description Exhibit C: Conditions of Approval Revised 8/04/08-VA-2006-AR-11064(HFAC) Page 3 of 3 -,...w.wu.aw_a.l+o-mvmy..m/,.a hmm14.y613..1.14..ry • trro4C a �a i Fe11 1 / -- ET 1 0,.<■-■ alit !E. It 1..., ___ w \ •*-:E fze �'` 1 t-----------\ _C -i _'J �' 6--------- --- I " r-1----- • lal _ !..4 1 11=-: 11 04 a , ..,re,..m. 1 ....1_______r_17,--;;;i:1-.......: — ; , r sr swims I 11 • i 14 ■ 7 :11 44 V 1 - / //7/ I .1, D g E' ae ..'. • -��,,c 4 4 S . !I ii 0 V .I: CI 1 1 il I ,., , II ,wri"' -• 1 ,' -.i, // Y�� I ;io . �' ;L •I r i — == • I '..• I I . oil ,--------:„.„-_-_-_,_ ,,, __... / ,,..........„___:..t, . :\.---..."" --.,-----'—': ..------ , '' ly/ t-IfT=.,',ir..1 [' - --- '-....“" , . (-----\ E r IEIIIIIIII�I�` - r i ..._--4-„, �Tr , ' _ =3 It' st' E� = K � le _ a , .:. lilln, . ....-, . ,5 rl / ra es ii z_ [ %/ I. Exhibit A �0 4 0 o z • - Page 1 of 2 / .447 ° / ! Vanasse RN ra...'":1 ',:t—t-i _ v< Daylor w vr�n,e,sk LTD °__ „� eao Laurel o� Suite 12-0•-07 n M COMA, Tom"'" NoN4 Fl.1800 I t-e-a Ru Kw6Et:COWER _.�� ` • (279)566-1807. t -u-n. sr x[+ara COMER • ....r... 7 I-11-06 'µt FfMfCD ft LOU.tou/K CPU 1140, Afwaye Bay Beach Tower W.V. ba h.) section 29,r snip 48 S.Range 25 c -«� "3 5 5-10-0S Mt msm ft MIEN Cam„cnuurws CO rynat SR,PLrt cnrcr,County,Florida ' -. �144r ON lee-et-on O JW V V V _ _ C`\J-:::1::::, :71 cc • ,. h_Q t'-•••••••' • W V G cc L1 I'il-7 N ■�Pi_ r Z 1��1 ` O 1 J ,IBC : ,z._. ` O • lul' C r ;��a� 0078 2�3M01 „ r,.. e�77 �� S�G . ti.. I 2 t O 1` .h - U U Cit E J J 7 _&5 s © tiFiI; ` ' /L'.y 'I S II p 0 II®II W q J � ZRIMINIIIIIIIP,:. >-- +00 W e'/®1 J � a �tsi -s-t c Li i € 1-ST,r e a I� ®ate: L l L ��F--r ti t DTs Fsu�rM z. �� is .; ti F` E O O O• immenak., r_F ' W 1 1 C.3•ill ( !! / • it I`I V v v . F , Y r �� O V Yt W O____ -• v a, W Y V _�` i ` '1'V Y. 1.1..V V - k-I—I- _= . l!n I 2 V Y _ v J. 1 --Y L-1--1 1 J Y .GLI Y V —1--1 O V K [ � Lu a V M A -•CC 4. O Y ' v. � _} ,:t W o 1111111101111 , Y <- 1/4.0-. ` o ii i _� V.)e 1■�1 a N• C a Exhibit A o >4 v Page2of2 a 4Od a1o70'Wd OSSi E BOOUBTM' P'L6dS-SCSD8\SO.al!0s11—P.,01SLe0B1BOB1Waiold\:g • LEGAL DESCRIPTION ("SCHEDULE A" CHICAGO TITLE INSURANCE COMPANY, COMMITMENT No. 240408575, DATED 11/08/04.) LOT 6, AND THE NORTH 1D0.00 FEET OF LOT 5, BLOCK A, BAKER CARROLL . POINT, UNIT NO. 2 AS RECORDED IN PLAT BOOK 8, PAGE 62, OF THE PUBLIC • RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6, RUN SOUTH 14'49'20" EAST 362.09 FEET ALONG THE WEST RIGHT OF WAY LINE OF GULF SHORE DRIVE THENCE NORTH 89'52'20" WEST 580 FEET MORE.OR LESS, TO THE MEAN HIGH WATER UNE OF THE GULF OF MEXICO; THENCE.NORTHERLY 400 FEET. - MORE OR LESS. ALONG SAID MEAN HIGH WATER LINE TO THE NORTH LINE OF SECTION 29 TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE SOUTH 89'52'20" • EAST. 365 FEET, MORE OR LESS, ALONG SAID SECTION LINE TO THE WEST • RIGHT OF WAY LINE OF STATE ROAD S-846, THENCE SOUTH 14'49'20" E, 41.40. FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE SOUTH 89'52'20" EAST, 217.29 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF SAID STATE ROAD TO THE POINT OF BEGINNING. • • • I PER "EXHIBIT B, SECTION 2", CHICAGO TITLE INSURANCE COMPANY, COMMITMENT No. 240408575. DATED 11/08/04., THE PROPERTY SURVEYED • HEREON IS SUBJECT TO THE FOLLOWING MATTERS OF RECORD:• [•i] INDICATES EXCEPTION NUMBER [*5] MATTERS SHOWN ON THE PLAT OF BAKER—CARROLL POINT UNIT NO, 2. A SUBDIVISION RECORDED IN PLAT BOOK 8..PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (DEPICTED HEREON). [*6) LICENSE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 1724, PAGE 14, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT) [*7] LICENSE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 1724, PAGE 21, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT) [*8] LICENSE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 1724, PAGE 28, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT) [*9] TEMPORARY BEACH RESTORATION EASEMENT GRANTED TO COLLIER COUNTY BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 2089, PAGE 1560, PUBLIC RECORDS• OF COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT) [*10] TEMPORARY BEACH RESTORATION EASEMENT GRANTED TO COLLIER COUNTY BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 3634, PAGE 1560, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT) • [*15] COASTAL CONSTRUCTION SETBACK LINE, CREATED PURSUANT TO FLORIDA STATUTE 161.053, AS SHOWN IN COASTAL SETBACK LINE BOOK 1, PAGES 1 • THROUGH 69. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (DEPICTED HEREON) • [*16] LEASE BETWEEN VANDERBILT BEACH ASSOCIATION, LTD. AND AMERIVEND CORPORATION DATED JANUARY 7, 1998 AS DISCLOSED BY THAT MEMORANDUM OF LEASE RECORDED IN OFFICIAL RECORDS BOOK 2390, PAGE 3197, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT) EXHIBIT B CONDITIONS OF APPROVAL VA-2006-AR-11064 The foregoing variance petition approval is subject to the following condition: The variances granted are limited to what is depicted and limited and more particularly described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya Bay Beach Tower Conceptual Site Plan" last revised June 18, 2008 and "Moraya Bay Beach Tower Detail of Setbacks for Variance Request," last revised June 23, 2008. Revised 7/28/08 EXHIBIT C AGENDA ITEM 9-I Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 18, 2008 SUBJECT: PETITION: PE-2008-AR-13117, LEE COUNTY ELECTRIC COOPERATIVE , INC (LCEC)PARKING EXEMPTION PROPERTY OWNER/AGENTS: Owner: Agent: William D. Hamilton, CEO Tim Hancock, AICP. Lee County Electric Cooperative, Inc. Davidson Engineering, Inc. 4980 Bayline Drive 3530 Kraft Road, Suite 301 North Fort Myers, FL 33917 Naples, FL 34105 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a parking lot exemption to allow an off-site parking lot consisting of 20 spaces pursuant to Subsection 4.05.02K.3.c of the Land Development Code (LDC). The proposed 20 space parking lot would serve the Lee County Electric Cooperative (LCEC) that is zoned General Commercial (C-4) and Residential Multi-family 6 (RMF-6). GEOGRAPHIC LOCATION: The proposed off-site parking lot, consisting of 2.46± acres is located at 433 15th Street, North in Immokalee at the southwest corner of the Immokalee Road (CR-846) and N 15th Street intersection, in Section 5, Township 47 South, Range 29 East, of Collier County, Florida. (See location map on following page) PURPOSE/DESCRIPTION OF PROJECT: The applicant seeks a parking exemption to add 20 parking spaces on a 2.46± acre tract that has two zoning designations. The eastern portion of the tract (0.94 acres) is zoned C-4 and the western portion of the tract(1.51 acres) is zoned RMF-6. The zoning boundary does not follow a tt line; the entire 2.46 acre tract is under single ownership. The proposed 20 space parking lot is propos d on the west end of Staff Report for Sept. 18,2008 CCPC Parking Exemption, PE-2008-AR-13117 Page 1 of 7 1331115 Y-1010Y19 Yc J r5 2 , U j z W W� F Z it K�C ty, 133ELLS VIU3SNad CO) = p gN W = om CI) LL LL LL i d d LI CC 2 Ct CO (N) ''^ (-) w 0 ( Ce 8 LL "'o — L US006ZaS-b-O �- O Q J R'ti9 505 N p ^ (6z'WS)NLaoN 133a1S 1-1.1.N3103 Pc)j .-- , CC (n '^ U U Z F-c;1 -1-J _ O O O — 2 Z O U 133a1S H1N331XIS ON I ' <W. N W O '' .1.3321.1.5 8 < c c� i O w )avian 133815 H1N331N3A3S ON (9 y C O F cc Q cc_ fi 133atS H.I.N33.1.H013 ON I 3AI0 33dn0 I ` OHw-v Q O 0 N TWOS 01 IOW W d Z O H �° < n N N M O N ,0?-.1. Qv N W C3 U a UJ U2 W o O — N N a 2 V n O N N Q N n 0 a. d J o Ln ., tu0 - N P��ry Z T ' N a 6Z 'aS f Z O O T N N m ^ N N N n H 0 n m . n 0 ;,� CO n °r° rn V 0 y U N N n N U .a-* N N W O Y N Y J Q `\\ K l ( 1::.2 oq u �� F- ri 11 1 i tt€;' 1 ltip Iii Z € 1 $ e t hl gs Et r„i t I/ §15R .. I e x Q 1ec i i e ! A i- a >_ l.. 1 ill 11 Iii$ $ 'i 4, ea ! at € ; 5 aAhl v 1 I age '053 J e Q I l 2 JIihiiiiiIiIhIhI i iii iiI1i ! iLH ! i m iS 5 a 41 = 'o 1�i O g ® O W [i 5 f Tawoaua tonam -2MOM z 6/ Er P na as roars V E S I V ,=,......I. ,--"> r IL , . Y p ill i —J— I=1 IRTh 1f I I ' 1 I EL Q d 1 Rt I— I� 1' . I- r.33 '0 11 II 111 4 I J r ' Z g p. I IR ��_I C 1 ___I g W „Rig I J O Z I ' — A . t t t t ` W I li !1i" . I" � Q°of g I1;1 r, W d v ilI „ ; tit I $ 'Li',• i iv I cia_ci I. ! 11 1 - !NMI" - - -, - - - 11Z1 ®01 OE , I 110 - 1 , IT i 1 irc i �J .a._0_I_I - 1 I I g i ii 4. I it Ji t , �, i I oC,; I , 2 I:11 1 E , III d I �-� Z 2 t I / §! R;I III° I I �� i � p . I J the parcel zoned RMF-6. The C-4 zoned portion of the site will provide 19 spaces for a total of 39 parking spaces on the site. The existing two-story, LCEC 2,080 square foot Immokalee Customer Service Center is located on the eastern C-4 zoned portion of the site. The building is to be demolished and replaced with a larger(3,616 square foot), one-story facility. 4 _ ;t. /� Existing 2,080 square foot building on eastern portion of the site t , �4.1 01'; Vacant, undeveloped western portion of the site SURROUNDING LAND USE AND ZONING: North: Star Mobile Home Park, a developed mobile home park with zoning designations of C-4 RMF-6 and MH South: Mobile homes with zoning designations of C-4 and RMF-6 East: Fifteenth Street North (SR 29), then retail commercial uses, with zoning designations of C-4 West: McBlack Street, then a single-family dwelling on an approximately two-acre tract with a zoning designation of RMF-6. Staff Report for Sept. 18,2008 CCPC Parking Exemption, PE-2008-AR-13117 Page 2 of 7 _21_._..-,_41 „* et,.„°'-.w.r.. c.'?F:.-.}1�s iuYOPfALffDN ,�� Vi-µ` A.- S ,— f c ,ems 0 y " „ •, ham. ' s; 3 s Subject Property } "."-""t"' ,` ''k A. ..a 16 ' - 1 (location is �< ' approximate) R § a - Iv �S. Y't Wf. a, �F li c•IIM h•pw°j .lY.es °—43ft,k., .. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The property for this proposed parking exemption is designated Commercial in the Immokalee Area Master Plan (IAMP) of the County's Growth Management Plan (GMP). The GMP is silent regarding parking exemptions in conformance with the LDC regulations. The LDC addresses parking exemptions in LDC Section 4.05.02 K.3, and establishes criteria for their review and approval. Based on the above analysis, Comprehensive Planning staff believes this request may be deemed consistent with the Future Land Use Element(FLUE). ANALYSIS: Transportation Review: The Transportation Department staff has reviewed this petition. The following stipulation is recommended: The approval of this parking exemption is applicable only to that portion of this project described in the narrative as being west of the noted zoning boundary. This approval does not apply to the portion of this project east of the noted zoning boundary. Zoning Review: This specific use proposed for this site is not listed in the Land Development Code (LDC)parking space table. Pursuant to LDC section 4.05.04.A: Requirements for off-street parking for uses not specifically mentioned in this section shall be the same as for the use most similar to the one sought. . . . Because the proposed facility plans to have offices with drive-thru facilities, staff determined that the most similar use for parking calculation purposes would be a bank with drive-thru facilities. A bank with drive-thru facilities requires one parking space per 250 square feet of gross floor area; therefore the Staff Report for Sept. 18, 2008 CCPC Parking Exemption, PE-2008-AR-13117 Page 3 of 7 requirement for the subject site's proposed use is also 1/250. The site plan shows the site's proposed 3,616 square foot structure would require 14 parking spaces; the C-4 zoned area with the proposed structure provides 19 parking spaces as well as the required stacking spaces for the drive thru use. In this particular petition,the petitioner is seeking to provide 20 parking spaces more than what the LDC requires for the use, explaining in the application that the 20 additional parking spaces would be set aside for use of LCEC vehicles only. The 20 additional parking spaces will be located away from the code-required parking spaces and access to these 20 additional spaces will be limited by a key or code access gate. (Please see the site plan). The additional parking area is proposed to provide parking spaces for employees not for the public using the facility. The applicant's agent has indicated to zoning staff that the extra parking area will be used to more securely store LCEC vehicles (limited in size to no larger than pick up trucks and vans) overnight, and provide employees a secure place to park their personal vehicles while using the work vehicle. Section 4.05.02.K.3(a)2 of the LDC allows a parking exemption to be sought when a lot proposed for off-site parking is not zoned for commercial uses. As part of its review of this application, Staff has completed a comprehensive evaluation of the parking exemption criteria outlined in Section 4.05.02.K.3.b of the LDC,upon which a determination for any parking exemption must be based. (These criteria are bolded and italicized below, followed by staff's comments.) This evaluation will form the foundation of the Collier County Planning Commission's (CCPC) recommendation, which is then forwarded to the Board of Zoning Appeals Board (BZA) for a final decision. (1) Whether the amount of off-site parking is required by LDC Section 4.05.04 G. and 4.05.09, or is in excess of these requirements. The proposed parking is in excess of the LDC requirements. The proposed use would be required to provide a minimum of 14 parking spaces; a total of 39 parking spaces are proposed as discussed in the description of the project beginning on page 1 of this staff report. The petitioner wishes to provide a parking lot to store company and employee vehicles as explained previously. (2) The distance of the farthest parking space from the facility to be served. The petitioner's development plan (see Exhibit A) illustrates the spatial relationship between the LCEC Immokalee Customer Service Center and the proposed parking exemption area. Because the 20 parking spaces proposed in the parking exemption are not LDC required spaces to meet the demands of the public, distance to the facility to be served is not crucial. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. The lots are not separated by a collector or arterial road. Although there are two zoning designations, the property is owned by the same property owner, and there are no lot lines or streets separating the parking area from the facility it will serve. (4) Pedestrian and vehicular safety. There are no safety issues foreseen. The parking exemption area and structure and the required parking areas are on the same parcel. Sidewalks, crosswalks, circulation striping and signage will be in compliance with the LDC and Americans with Disability Act requirements. Those issues Staff Report for Sept. 18,2008 CCPC Parking Exemption, PE-2008-AR-13117 Page 4 of 7 will be addressed in the Site Development Plan (SDP) process. The petitioner submitted an SDP application, SDP-2008-AR-13608 on August 6, 2008. That petition is undergoing review now. (5) The character and quality of the neighborhood and the future development of surrounding properties. The abutting lots are zoned RMF-6 with mobile home units to the north and south and a single family dwelling to the west. A 15-foot wide Type B buffer and wall is proposed abutting properties to the north and south near the existing mobile home units. A detention pond, wall, and 15-foot wide Type B buffer would separate this project from the property to the west near the existing single family dwelling. This area of Immokalee has C-4 zoning along both sides of Fifteenth Street (SR 29) for a depth of approximately 280 feet where the subject property is located (See Zoning Map). The eastern side of Fifteenth Street is developed with Goodwill Industries, a tire store and a McDonald's restaurant to name several of the various retail commercial uses. Additionally, it is important to realize that the LCEC use already exists at this site;the use is not a new use to the neighborhood. (6) Potential parking problems for neighboring properties. There are no potential parking problems foreseen for neighboring properties. More than adequate parking is being provided for the proposed use. The parking exemption, if approved, would provide employee parking separate and away from customer parking, thus allowing customers the full use of the county-required parking spaces, i.e., the parking lot will not be shared with employees and customers. The parking exemption should alleviate the potential for improper customer parking off-site. As depicted on the attached site plan, ingress/egress is from the existing access point for the commercial portion of the site. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off- site parking. The proposed lot is accessible from North 15th Street(or State Road 29). Internal traffic flow is not required to leave the site to reach the proposed off-site parking area. (8) Whether vehicular access shall be from or onto residential streets. State Road 29 (SR-29) becomes North 15th Street once the roadway crosses over into Immokalee unincorporated area. This road travels through the commercial center of the Immokalee area as shown on the Immokalee Area Master Plan. It is not a residential road. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. The concept plan shows that the RMF-6-zoned lots with mobile home units to the north and south would be buffered by a 15-foot wide-Type B buffer and wall. The RMF-6 zoned lot with a single family dwelling would be buffered by a 15-foot wide, Type B buffer and wall, and would also be separated by a detention pond. Staff Report for Sept. 18,2008 CCPC Parking Exemption, PE-2008-AR-13117 Page 5 of 7 (10) Whether the off-site parking area will be used for valet parking. Valet parking is not proposed. (11) Whether the off-site parking area will be used for employee parking. The applicant has indicated that the parking exemption area is to be utilized by employees only. The parking area is to be gated. The public would not have access to the parking exemption parking space area. (12) Whether there are more viable alternatives available. The proposed site plan appears to be a viable alternative for the proposed parking area. (13) Off-street parking areas must be accessible from a street, alley or other public right-of- way and all off-street parking facilities must be so arranged that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwellings and churches approved under section 4.05.09. The parking lot has been designed so that motor vehicles will not be required to back into any abutting public right-of-way. NEIGHBORHOOD INFORMATION REQUIREMENTS: For parking exemptions, the LDC requires the petitioner to notify neighboring property owners by mail, but no meeting is required. The petitioner provided documentation to show that the required letters were sent on June 6, 2008. RECOMMENDATION: The Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition PE-2008-AR-13117 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. The Parking Exemption is limited to what is shown on the preliminary site plan, identified as "LCEC Immokalee Service Center," prepared by Davidson Engineering and dated August 21, 2008. The site plan is conceptual in nature for parking exemption application approval only. The final site design and site development plans shall be in compliance with all applicable federal, state, and county laws and regulations; and 2. The Parking Exemption is limited to a maximum of 20 parking spaces that shall be restricted to the LCEC Immokalee Service Center employees only; and 3. The approval of this parking exemption is applicable only to that portion of this project described in the narrative as being zoned RMF-6. This approval does not apply to the portion of this project east of the noted zoning boundary. Staff Report for Sept. 18,2008 CCPC Parking Exemption, PE-2008-AR-13117 Page 6 of 7 PREPARED BY: Y-at- o8 Y ESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING& LAND DEVELOPMENT REVIEW REVIEWED BY: rza,____ S -is--08 RA ND V. BELLOWS, MANAGER DATE DEPARTMENT OF ZONING&LAND DEVELOPMENT REVIEW 40(.1 . iSk.t/IN-cP A SAN M. ISTENES, AICP, DIRECTOR DAT DEPARTMENT OF ZONING& LAND DEVELOPMENT REVIEW U____7. u).a:_____ a. /24 /dr STEVEN T. WILLIAMS DATE ASSISTANT COUNTY ATTORNEY APPROVED BY: ; / JOSE' . SCHMITT, ADM STRATOR ATE CO ITY DEVELOPMENT& ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the November 18, 2008 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Staff Report for Sept. 18,2008 CCPC Parking Exemption, PE-2008-AR-13117 Page 7 of 7 RESOLUTION 2008- A RESOLUTION BY THE BOARD OF ZONING APPEALS GRANTING A PARKING EXEMPTION RELATING TO PETITION NUMBER PE-2008-AR-13117 FOR PROPERTY LOCATED ON 15th STREET NORTH, IN SECTION 5, TOWNSHIP 47 SOUTH, RANGE 29 EAST IN IMMOKLEE, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of a parking exemption; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of a parking exemption for the LCEC Immokalee Area Service Center in a Residential Multi-family 6 (RMF-6) Zoning District as shown on the attached Site Plan, Exhibit "A," for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 4.05.02.K.3 of the Collier County Land Development Code, for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: PE-2008-AR-13117 Page 1 of 2 Revised 8/21/08 The petition filed by Tim Hancock, AICP of Davidson Engineering representing Lee County Electric Cooperative, Inc., with respect to the property hereinafter described in Exhibit "B" attached hereto and incorporated by reference herein be and the same hereby is approved for a parking exemption for the LCEC Immokalee Area Service Center in a Residential Multi-family 6 (RMF-6) Zoning District as shown on the attached plot plan, Exhibit "A," wherein said property is located, subject to the conditions shown in Exhibit"C." BE IT RESOLVED that this Resolution relating to Petition Number PE-2008-AR-13117 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2008. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Steven T. Williams STJ Assistant County Attorney Attachments: Exhibit A Exhibit B Exhibit C PE-2008-AR-13117 Page 2 of 2 Revised 8/21/08 11x1 ^q _ G le fg rg�� yg �g6 Z =_ thin! � ^' F�. se ��R� lit! � R� �sE ii;-;•• li F 1 I. 1. !it igg pp 33 pp pg R,_ IL. 11!! ' giii iili ii i a g e e g n 3 .:.. i II :i! °:°5 e gd W a 5 @E1 !§ ids¢§ >r g� "E i g 0:i _ a ke 63 @n VAR -- - .@ i e E zl '4 z $7 4 All t, Z.', w5 k— ow O 1 - , I f W01e B ; 1— s k —I '11 WdM 1 ,.-1 I J R 1t I h I ZZo 14._Cell 1_11 1 N 1 1W_1 SR$ 1 R , T I Z"-6°O tg 11 i I 1k . _I o 1 y�.z 1 a i 11101 Q �G ,.... it ,,,I n i d n R I \ aI• �� k , �J 3 I & g �u N I 3i iitY jig gg , „. ® 1 > — — —1 — — 11 IIII ®i� � m, ,g !11 is °i5 ■ � a 1 I oC. i E I I Iri E i peg IA 1 il zujKvt es ~E JJ a -- _ o a ,.,.�r... E..� I Z - ZOOMS rtlff.0 I Exhibit A PE-2008-AR-13117 I J LEGAL DESCRIPTION: O.R. 923 P.G. 1558 The South 175 feet of the north 571 feet of the East 661 feet of the NE 7/4 of the. NE 1/4, except the East 50 feet, in Section 5, Township 47 South, Range 29 East. Exhibit B PE-2008-AR-13117 CONDITIONS OF APPROVAL Lee County Electric Cooperative Parking Exemption PE-2008-AR-13117 1. The Parking Exemption is limited to what is shown on the preliminary site plan, identified as "LCEC Immokalee Service Center," prepared by Davidson Engineering and dated August 21, 2008. The site plan is conceptual in nature for parking exemption application approval only. The final site design and site development plans shall be in compliance with all applicable federal, state, and county laws and regulations; and 2. The Parking Exemption is limited to a maximum of 20 parking spaces that shall be restricted to the LCEC Immokalee Service Center employees only; and 3. The approval of this parking exemption is applicable only to that portion of this project described in the narrative as being zoned RMF-6. This approval does not apply to the portion of this project east of the noted zoning boundary. • Revised 8/21/08 Exhibit C AGENDA ITEM 9-J Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 18, 2008 SUBJECT: PETITION NUA-2007-AR-12575, HITCHING POST COOPERATIVE PROPERTY OWNER/AGENT: Property Owner: Agent: Kenneth Munger, Vice President Tim Hancock, AICP Hitching Post Cooperative, Inc. Davidson Engineering 32 Cheyenne Trail 3530 Kraft Road, Suite 301 Naples, FL 34113 Naples, FL 34114 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a Non- Conforming Use Alteration (NUA) application, to enable unit owners in this non-conforming mobile home park to replace existing non-conforming structures in conformance with the Fire Code such that there would be no increase in the existing non-conformities, as specified in Collier County Land Development Code (LDC) Section 9.03.03 B.4. GEOGRAPHIC LOCATION: The subject site is located at 32 Cheyenne Trail, in Section 33, Township 50 South, Range 26 East, Collier County, Florida. (Please see the Location/Site Map on the next page.) PURPOSE/DESCRIPTION OF PROJECT: The 43.33 ±-acre site is zoned Mobile Home (MH) and was constructed prior to the requirement that mobile home parks be platted. (Records indicate that the Hitching Post is a 368 unit mobile home park that has been in existence since 1983). As a result, there is one tract containing the mobile home units which are managed by the cooperative. This petition came about as a result Hitching Post; NUA-2007-AR-12575 Staff Report Page 1 of 7 • v d< / 09-c5 s a0 es).. Z a Wo a U O J �' L 5 / ..::::ti::11111 LI::1'1: •Ill: i 11.11::h41 ::1..:11: V mod: Z 1 h a U g Z 2:: 5' Z ' a X.m O N = M �_ 0 =.fiat � a —of:m �= o. 1 a —wr 0 o N N TWOS u10N a 0 Z 4t ■ Z a - Fri!� as W g 4. d st.' Evg E-g .. := 11 "._ ! i it . °- d :W g � 51 10 glz NM 8 atrrfr cam. � z .. U O 0¢ i a, "8 ill G °s ' Z use vU ■ 11,.. 4 g. 2 �� U W� 1 , 'jai' g r1,,_ ■�\ ,� iiii MOH wive Au= E 111MII! Al — z 4 !! �;iJ W d 1 S 1 3 i • of a Code Enforcement complaint (Please see Attachment "1" Code Case Detail Case Number 2007010558). Code Enforcement had responded to a complaint about a shed that had been installed without permits. The subject shed has been removed and the Code Enforcement case is now closed. The mobile home park is now seeking approval of the subject NUA petition to allow for the replacement of older nonconforming mobile home units and accessory structures (sheds)with new units and sheds. As noted above, the mobile home park is looked upon as one property for zoning purposes. There are no lot lines for zoning compliance purposes; therefore,there are no individual setbacks for each lot. The mobile home park is not platted into County recognized lots for which there are rear, side and front lot setbacks, pursuant to the LDC. Structures must adhere to the required setbacks from the perimeter property lines. Any other setback requirements for principal structures internal to the project site are matters addressed by the mobile home park management or the cooperative. For reference, a copy of a lot layout drawing (which is not necessarily to scale) is included as Attachment"2." The petitioner wishes to see the required separation distance for principal and accessory structures such as storage sheds addressed. Most units in the mobile home park have a storage shed. Some sheds are attached to the principal structure or connected to another shed. Other sheds are free-standing. The Land Development Code requires principal and accessory structures to be separated by at least 10 feet. Each principal structure must be separated from another principal structure by 10 feet and accessory structures must also be separated from any principal structure or another accessory structure by that same distance. The only exception to the separation distance for accessory structures would allow a "zero" separation distance if accessory structures are physically connected to the principal structure or another accessory structure. This petition, if approved as recommended by staff, will not allow any further encroachment because staffs conditions specify that approval is limited to a separation of 10 feet between principal structures and that accessory structures shall comply with Fire Code standards. (See Attachment"3" Fire Code). SURROUNDING LAND USE & ZONING: North: the developed Hitching Post Plaza, zoned C-3,then Tamiami Trail East(US 41) East: Barefoot Williams Road, then the developed Hitching Post Travel Trailer Park, zoned TTRVC South: Partially developed single-family residences, zoned MH West: the vacant land of Vincentian PUD, then developed land with single-family homes zoned RSF-4, and then a golf course at Wentworth Estates PUD Hitching Post; NUA-2007-AR-12575 Staff Report Page 3 of 7 .A 3gti,y. -,1;'44� y 4k. J k. � .at`a 1,-,,� 1 sa;m �n !I..+1,.,'5at 9 G ; r.� i I. '.. ,„ f '-": . a - 1 , C ;y 45 r 0 ��"'K �ip , 41 ' If �9lE � ,7''',. . � 'rE i F�" .4 F l�t , ,. kti 5 s as, a `- pim g_ x " ,y�Ttta-. Y "` SUBJECT ' ,,s fr« � TRL PROPERTY �� \ .-` ARAPMQ Ti :....1.6- `gyp 3Q4 _ E , .. t '� r "V.. . �,r a ERO5M T 4 IE % ;r, a , CT p,,pY c'^~ :: t1 i y d . ' eJARTZRD .1„,4 i f t : y k s F (( ut��. g" {,eI 1 4 = �. .. .r ,'7,4,,,, ,- 1dARlRQ . 't9 SEM.RD At * -� r . rr .: r !e t _ .r 4 .- - yr -a' -. 4 ..P- ` 1 c'1. I 0-•$I t- �sr: Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use District (Urban Coastal Fringe Subdistrict) on the FLUE and Map of the GMP. This Subdistrict provides transitional densities between the Conservation Designation Area and the Urban Designated Area. In order to facilitate hurricane evacuation and protect environmentally sensitive lands, residential densities are limited to a maximum of four units per acre (DUA), with some exceptions. New rezoning to allow mobile home uses is prohibited. The subject site is zoned mobile home (MH), which allows a gross density of 7.26 units per acre ((6,000 s.f. minimum lot size size/43,560 s.f. (1 acre) = 7.26 units per acre). During implementation of the Zoning Reevaluation Ordinance in the early 1990s, the site was deemed "improved property." FLUE Policy 5.9, quoted below, addresses such"improved property." Former Policy 3.1.k. of the Future Land Use Element provided for the establishment of a Zoning Reevaluation Program to evaluate properties whose zoning did not conform with the Future Land Use Designation Description Section of the Future Land Use Element. This Program was implemented through the Zoning Reevaluation Ordinance No. 90-23. Hitching Post; NUA-2007-AR-12575 Staff Report Page 4 of 7 Where such properties were determined, through implementation of that Ordinance, to be "improved property," as defined in that Ordinance, the zoning on said properties shall be deemed consistent with the Future Land Use Element and those properties have been identified on the Future Land Use Map Series as Properties Consistent by Policy. The phrase from that policy: "the zoning on said properties shall be deemed consistent with the Future Land Use Element" has consistently been applied to mean such properties may further develop and/or redevelop in accordance with the zoning on the property at the time of such development or redevelopment. FLUE Policy 5.9 is silent to development standards; it has been consistently applied to mean the FLUE defers to the LDC for such specificity. Therefore, the subject site may be developed in accordance with the existing MH zoning, and other applicable LDC provisions, such as variances, non-conforming use alterations, etc. The action proposed in this petition, to allow the alteration of a non-conforming use characteristic (specifically, to replace non-conforming structures in conformance with the Fire Code), may be deemed consistent with the FLUE. ANALYSIS: Before any Non-conforming Use Alteration (NUA) recommendation can be offered to the Board of Zoning Appeals, the Collier County Planning Commission (CCPC) must make findings in compliance with LDC Section 9.03.03.B.5.a-f. that: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex,or mobile home is located; No increase in the allowable number of units is requested, therefore the density on the parcel will not increase. b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; The maximum building height in the Mobile Home Zoning District is 30 feet; no departure from the height is being requested or recommended for approval, thus the building height requirements will not be exceeded. c. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback; This petition, if approval is granted as recommended by staff, will not allow any further encroachment because staffs conditions specify that approval is limited to a 10-foot principal structure separation and accessory structures must comply with Fire Codes. d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structures; A reduction in parking requirements has not been sought, nor has any action regarding this issue been addressed as part of this petition. e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and Hitching Post; NUA-2007-AR-12575 Staff Report Page 5 of 7 This NUA seeks to preserve the existing character of the neighborhood that has been cultivated by the residents of the Hitching Post Cooperative. This will not hinder the proper future development of the surrounding properties. f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. If approved, this petition will allow the replacement of principal structures at a minimum separation of 10 feet and the replacement of accessory structures in compliance with the Fire Code, therefore posing a possible reduction in the threat to health, safety, and welfare of the community. ENVIRONMENTAL ADVISORY COMMITTEE (EAC) RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIM): A Neighborhood Informational Meeting is not required for this petition. RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition NUA-2007- AR-12575 to the Board of Zoning Appeals with a recommendation of approval subject to the following conditions: 1. The number of units shall not be increased. The site is limited to 368 units or leased sites. 2. All principal structures must maintain a minimum separation distance of 10 feet. 3. All accessory structures must comply with Fire Codes. Hitching Post; NUA-2007-AR-12575 Staff Report Page 6 of 7 PREPARED BY: 4111/4M4 11/ ' 0 . 2I NANCY 1 • H, AICP,PRINCIPAL PLANNER DATE DEPAR : ZONING AND LAND OPMENT REVIEW REVIEWED BY: ,---...A,,.71 k_.,:. kt___' 9 - 5--0? STEVEN WILLIAMS DATE ASSISTANT COUNTY ATTORNEY L.. „.,_ . . L_. 9- 3- 0 / RAYMOND V. LLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ALI.,...._. ' • A- ir• / 1 - . -OF SUSAN I ENES, AICP,DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH HMITT • P 'ISTRAT 6 R ATE CO Y DEVELOPMENT&ENVIRONMENTAL SERVIC DIVISION MARK P. STRAIN, CHAIRMAN DATE Attachments: Attachment"1" Code Case Detail Case Number 2007010558 Attachment"2" Lot Layout Drawing Attachment"3" Fire Code Tentatively scheduled for the November 18, 2008 Board of County Commissioners Meeting Hitching Post; NUA-2007-AR-12575 Staff Report Page 7 of 7 :ode Case Detail Report 'DPR4204 - Code Case Detail Report CASE NBR: 2007010558 AO NBR: 302073 STATUS: CLOSE INSPECTOR: AZURESORRELS LEVEL: WARN CASE TYPE: ZONING ADDR NBR: 133427 LOCATION: 22 APACHE TRL FOLIO: 0000050865005944 HITCHING POST MOBILE HOME COOP LOT #298 LOT: 298 BLOCK: SUBDIV: (909)-Hitching Post Mobile Home Park TAZ: 158 PLANNING COMM: SN ZIP: 341137965 OPEN DATE: 01/12/2007 OPEN USER. OLFELINDA CLOSE DATE:03/05/2007 CLOSE DELICIAPULS DIRECTIONS: DISPOSITION:ABATED CATEGORY: BUILDING PERMITS PRIORITY: 0 LAST VISIT: 983043 HEARING DATE: CONTACT?: PHYSICAL FILE ID: DESCRIPTION: PUTTING UP OUT DOOR SHEDS WITHOUT TIE DOWNS WITHOUT PERMITS. CONTACT INFORMATION: TENANT INFORMATION: GREINER, WILLIAM D=& CYNTHIA S GREINER, WILLIAM D=& CYNTHIA S PHONE: FAX PHONE: FAX: OWNER INFORMATION: VIOLATOR INFORMATION: GREINER, WILLIAM D=& CYNTHIA S GREINER, WILLIAM D=& CYNTHIA S 22 APACHE TRL 22 APACHE TRL NAPLES, FLR0090 NAPLES, FLR0090 341137965 341137965 PHONE: FAX: PHONE: FAX: COMPLAINANT INFORMATION: NAME/ADDRESS: PHONE: FAX: ANONYMOUS VISITS: VISIT NBR INSPECTOR SCHEDULED DATE VISIT DATE REMARKS 980854 AZURESORRELS 01/12/2007 01/12/2007 SITE VISIT REVEALS TWO SHEDS IN REAR PROPERTY, ONE APPEARS TO BE NEW, ATTEMPTED PERSONAL CONATC, NOH, FRONT DOOR OPEN, CALLED OUT FOR SOMEONE NO ONE ANSWERED. TOOK PHOTOS FROM THE STREET, LEFT BUSINESS CARD ON SCREEN DOOR. NO PERMITS USED ON PROPERTY, . RC/1-22LCW Attachment 1 oilier County Printed on: 08/25/2008 9:38:52AM D-Plus for Windows 95/NT Page 1 of 2 980855 AZURESORRELS 01/31/2007 01/31/2007 45 MINS: T/T W/CINDY PROPERTY OWNER SET UP TIME TO MEET SO I COULD SERVE NOV. MET W/CINDY ON SITE EXPLAINED TO CINDY THE NOV (VIOLATIONS AND ACTION TO ABATE) CINDY ACCEPTED AND SIGNED NOV. STORAGE SHEDS STILL ON PROPERTY. CINDY ASKED WHAT THE PROCESS WOULD BE IF SHE DID NOT COMPLY BY DATE ON NOV. I EXPLAINED THE HEARINGS OSM OR CEB TO CINDY. SHE STATED THAT SHE IS NOT GOING DOWN W/OUT A FIGHT, SHE IS SEEKING LEGAL ADVICE. L/M FOR SARA AT THE LEGAL OFFICE FOR HITCHING POST FOR STATUS OF LETTERS BEING SENT OUT TO RESIDENCE. R/C 3/3/07 - AS#82 - IR 983043 AZURESORRELS 03/03/2007 03/05/2007 SITE VISIT REVEALS THE NEWEST SHED HAS BEEN REMOVED. OTHER SHED REMAINS. PER DAVE S. VIOLATION ABATED. CALLED CINDY AND INFORMED HER THAT CASE IS CLOSED. (10MIN) AS#82 C/C 3-5-07 DSP LETTERS: REF TYPE LETTER NAME RQST DATE PRINT DATE SEND DATE STATUS RECV DATE VIOLATIONS: STATUS GROUP CODE VIOL. DATE DESCRIPTION/REMARKS COMPLIED 9075 1/12/2007 BUILDING CODE ORDINANCE IMAGES: IMAGE DATE IMAGE DESCRIPTION 3/5/2007 shed has been removed 3/5/2007 shed has been removed, wood platform on ground COMENTS: ORIG DATETIME STATUS ORIG USER COMMENT: NOTES: Dllier County Printed on: 08/25/2008 9:38:52AM D-Plus for Windows 95/NT Page 2 of 2 CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DATE 2007010558 3/5/2007 IMAGE DESCRIPTION m - shed has been removed r 6 ". ' t� __P_-fir /` 1 ' i CODE CASE NUMBER IMAGE DATE 2007010558 3/5/2007 IMAGE DESCRIPTION shed has been removed, wood platform � ' on ground ff l' j Collier County Printed on 8/25/2008 9:39:58 AM CD-Plus for Windows 95/98/NT Page 1 ( ‘1_1 ) H1TekilAICi POST PARK tc„.7) 32 Cheyenne Trail Naples Florida 33962 Phone(813)774-4525 I \ ! \\ CI ‘.k. p • c"?• ,.c+, il\ - 77-- k -`;.-- : 3/- • yr- ....4N • 'Ns...N ,. , At a ski.. 3,, •,..... .F. •■"ss. ........ . r-------------• .4-.I.+'.' * IR ..... IR •1r ` \ / N. .. .... ;2:7 .... ,,r..,?:::. ;Ns. -..... .*, +! :Lj __faMfA ,.„.'F[ ..T•.•..„IL / aQ A, \gM- gCi I 1 - sa 2_1.. 0.'1\ ,.if /1 Z ( (..": -c" - g- ii . . : : : : „,-.,. rh,„; _ ... . OREGON Y TRAIL w . - �• •• A :• -4 .n• -u 1ZT!a• w w OLGE TRAIL.,....: .: ..„. , -, 4 _ _ w ,1 ®® 4 1 I + w , _,, • • . .,_ Z w • • CM LT E MM[ TRAIL ®� \n = n C. r\ \n �3�* t \ I N C 11-I M , j 1 U O �I. i •r s. a a •. •• ,•• . . . .0 . 1 /..... ... -•°• •• •• . IIILGNE TRAIL N w •. N 4.,'.„ n �. 1,,, 7J l• it • C .. .. •. •• •• 1\ \wG `u a r 8 y w � 'i u o„ nl'ti° .3cr h c 1• y: ! a ,gyp o Y w K N It .. p u i. sR s. r a -6 O�,-� I d 0 S,Th S ti • iL • T• . n , T L U.. • r R A I L t I. y A }• w t -A .. .2 D BwL. c ITZ� :�82�� S7Z : •{I{e l •A Ra r4 NG TRAIL £-- AT -; Y1 \1121- r •w w 'y w =-:; W •w _ �"E1 r GSZ: t/* .. cYZ: :h7Z \ V,� I■ • .0 ° ; c>fr: N La ti •, w y.. ww ,, �� ho£•- /6Z. ®-.... °��® • t M /7r--°SY:' lLr X IZ Ill .,.A W W uwi I., W us t.L_ • T"£-I £bZ.r .o7Z- 45 ' W W - IL L. L__ s�'� • s u:- i ri' : t-i i w w w ws- "' _.56Y: :scz :=4-LZ - �^ TShr:- . a -o N -® :LSr:r'.1:1- As[ n :+ h i-•.. •.. wJ _662-_ 76Z _�tZ 3-I i�I >.'t. ..ERA iG.E Rte._ I RA IG - _ :7SL •ssC: C�'L'11 I lY ,4 _ Ifc�4 -. ';:'-( (" i .. y l: ._Sbz- LbZ. :7z.z::SLz: w�-. �w,L`_ L•W Ly . h _T \ ••�•r�� G R L L _ i w A 1 L Lb—i—.--!--1.2- 1 -2.--.-2—■-!.! !✓r l 2 s F.r...T 6 ' � '°`tsf Attachment 2 Af /' � 5.-O/4 Standard for Fire Safety Criteria for Manufactured Home Installations,Sites, and Communities 2000 Edition NOTICE:An asterisk(*)following the number or letter designating a paragraph indicates that explanatory material on the paragraph can be found in Appendix A. Changes other than editorial are indicated by a vertical rule in the margin of the pages on which they appear. These lines are included as an aid to the user in identifying changes from the previous edition. Information on referenced publications can be found in Chapter 5 and Appendix D. b �e r �r"fi a ti t • �:�^,'..rz�.�5so- mss. a£.�-C��-'��•S-'-..='2�... � k.A�:�°t}s' :.1.1 Scope. This standard shall cover fire safety requirements for the installation of manufactured homes and manufactured home sites, including accessory buildings, structures, and communities. The provisions of this standard shall not apply to recreational vehicles as defined in NFPA 1192, Standard on Recreational Vehicles, or to park trailers as defined in RVIA/ANSI A119.5, Standards for Park Trailers. -1.2 Definitions. 1.2.1* Approved. Acceptable to the authority having jurisdiction. .1.2.2*Authority Having Jurisdiction. The organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure. 1.2.3 Awning. A shade structure supported by posts or columns, or partially supported by a manufactured home, installed, erected, or used on a manufactured home site. 1.2.4 Cabana. A portable, demountable, or permanent room enclosure or other building erected or constructed for human occupancy. 1.2.5 Carport. An awning or shade structure for a vehicle or vehicles that is permitted to be either freestanding or partially supported by a manufactured home. 1.2.6 Community Building. Any nonresidential building used for manufactured home community purposes. 1.2.7 Community Management. The person or entity who owns a development or has charge, care, or control of a community(e.g., park, estate, or subdivision). 1.2.8 Community Street.A private way that affords principal means of access to abutting individual sites, homes, and buildings. Copyright NFPA Attachment 3 Each street name in the manufactured home community shall be clearly marked with signs and each manufactured home site shall be marked for identification in a uniform manner that is clearly visible from the street serving the site. 4.2 Manufactured Home Site Fire Safety Requirements. 4.2.1 Fire Safety Separation Requirements. - - - . - 4.2.1.1 No portion of a manufactured home, excluding the tongue, shall be located closer than 10 ft(3 m) side to side, 8 ft (2.4 m) end to side, or 6 ft (1.8 m) end to end horizontally from any other manufactured home or community building unless the exposed composite walls and roof of either structure are without openings and constructed of materials that will provide a 1-hour fire resistance rating or the structures are separated by a 1-hour fire-rated barrier. (See 4.4.1.) 4.2.1.2 Vertical Positioning of Manufactured Homes. Manufactured homes shall not be positioned vertically, stacked with one over the other, in whole or in part, unless the structure is designed and approved for such installation and permitted by the authority having jurisdiction. 4.2.2* Marking of Underground Utility Lines. The location of underground electrical cables, gas piping, water piping, and sewer lines that are buried within 4 ft (1.2 m) of the perimeter of the site's largest planned manufactured home shall be indicated by an aboveground sign(s) or underground marker tapes identifying the proximity of the lines. A plot plan showing the"as built" location of underground utility lines shall be available for installations in multiple-site facilities. 4.2.3 Manufactured Home Installations. 4.2.3.1 Installation of all manufactured homes, including the installation of the support system and the connection of structural, electrical, mechanical, and plumbing systems to the site utilities or between sections in the case of multiple-section homes, shall be performed in accordance with printed installation instructions provided by the manufacturer of the home. 4.2.3.2 For installations where printed instructions by the manufacturer are not available, the installation shall be performed in a manner that satisfies the intent of this standard as determined by the authority having jurisdiction. 4.2.3.3 . The design of support systems shall consider the climatic and geological conditions present at the manufactured home site. 4.2.3.4 Copyright NFPA to life from fire, smoke, or panic. Special attention shall be given to the number, size, and arrangement of exit facilities in community buildings used as places of public assembly. 43.6.5 Community buildings shall be provided with listed portable fire extinguishers in accordance with the applicable provisions of NFPA 10, Standard for Portable Fire Extinguishers. 4.4 Accessory Building or Structure Fire Safety Requirements. 4.4.1 Setback Requirements. Accessory buildings or structures shall be permitted to be located immediately adjacent to a site line when constructed entirely of materials that do not support combustion and provided that such buildings or structures are not less than 3 ft(0.9 m) from an accessory building or structure on an adjacent site. An accessory building or structure constructed of combustible materials shall be located no closer than 5 ft(1.5 m) from the site line of an adjoining site. 4.4.2 Exits. Every habitable room in an accessory building or structure shall have access to at least one exterior opening suitable for exiting directly to the outside without passing through the manufactured home. Where a building or structure encloses two doors of the manufactured home or an emergency exit window, an additional exterior door shall be installed. This exterior door shall not be less than 28 in. (0.7 m) in width and 6 ft 2 in. (1.9 m) in height. Copyright NFPA RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER NUC-2007-AR-12575, FOR A NON-CONFORMING USE ALTERATION APPROVAL TO ENABLE UNIT OWNERS TO REPLACE EXISTING NON-CONFORMING STRUCTURES, IN CONFORMANCE WITH THE FIRE CODE AND SO AS NOT TO INCREASE THE EXISTING NON-CONFORMITIES. THE SUBJECT 44.46 ± ACRE PROPERTY IS LOCATED IN THE HITCHING POST CO-OP SUBDIVISION ALONG THE WEST SIDE OF BAREFOOT WILLIAMS ROAD, APPROXIMATELY 200 FEET SOUTH OF THE INTERSECTION OF BAREFOOT WILLIAMS ROAD AND TAMIAMI TRAIL EAST, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use alterations; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of 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 non-conforming use alteration, to enable unit owners to replace existing non-conforming structures, in conformance with the Fire Code and so as not to increase the existing non-conformities in a Mobile Home (MH) Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.03.03.B of the Land Development Code for the unincorporated area of Collier County; and Page 1 of 3 WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered the advisability of granting these requests for non-conforming use alterations and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Petition filed by Tim Hancock, AICP, Davidson Engineering, representing Hitching Post Co-op, Inc. with respect to the property herein after described as: EXHIBIT"A" Attached hereto and incorporated by reference herein. be and the same hereby is approved for a non-conforming use alteration in the Zoning District wherein said property is located, subject to the following conditions: 1. All principal structures must maintain a minimum separation distance of ten (10) feet from other principal structures. 2. All accessory structures must comply with fire codes. 3. The number of units shall not be increased. The site is limited to 368 units and leased sites. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number NUC- 2007-AR-12575 (NG)be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of , 2008. Page 2 of 3 ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, Chairman Approved as to form and legal sufficiency: Steven T. Williams -s-64' Assistant County Attorney Attachments: Exhibit A: Legal Description CP\08-CPS-00792-Reso-082108 Page 3 of 3 LEGAL DESCRIPTION Exhibit "A" LEGAL DESCRIPTION COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, RUN NORTH 02°37'04" EAST 1236.38 FEET ALONG THE WEST BOUNDARY OF SAID SECTION 33 TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02°37'04" EAST 1365.81 FEET TO THE WEST % CORNER OF SAID SECTION; THENCE NORTH 02°49'48" EAST 646.73 FEET ALONG THE WEST BOUNDARY OF SAID SECTION 33; THENCE SOUTH 54°25'01" EAST 1009.74 FEET TO A POINT ON THE CENTERLINE OF BAREFOOT WILLIAMS ROAD; THENCE SOUTH 35°34'59" WEST 7.46 FEET TO A POINT OF CURVE; THENCE 186.21 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE TO THE EASTERLY, SAID CURVE HAVING A RADIUS OF 170.00 FEET, CHORD BEARING SOUTH 04°12'15"WEST 177.04 FEET TO A POINT OF TANGENCY; THENCE SOUTH 27°10'29" EAST 438.37 FEET TO A POINT OF CURVE; THENCE 438.96 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE TO THE NORTHEASTERLY, SAID CURVE HAING A RADIUS OF 2430.00 FEET, CHORD BEARING SOUTH 32°20'59" EAST 438.36 FEET TO A POINT OF TANGENCY; THENCE CONTINUE ALONG THE CENTERLINE OF BAREFOOT WILLIAMS ROAD SOUTH 37°31'29" EAST 605.43 FEET; THENCE NORTH 89°59'22" WEST 1701.73 FEET TO THE POINT OF BEGINNING. CONTAINING 44.46 GROSS ACRES MORE OR LESS, 43.33 NET ACRES MORE OR LESS. THE NORTHEASTERLY 10.00 FEET RESERVED FOR AN INGRESS AND EGRESS EASEMENT AND THE EASTERLY 30.00 FEET RESERVED FOR A COUNTY ROAD RIGHT OF WAY. Under Separate Cover September 18, 2008, CCPC Packet Agenda Item Number 9-H, CU-2007-AR-12357, First Congregational Church of Naples Staff Report and Back-Up AGENDA ITEM 9-H Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 18, 2008 SUBJECT: CU-2007-AR-12357, FIRST CONGREGATIONAL CHURCH OF NAPLES PROPERTY OWNER/AGENT: Owner: First Congregational Church of Naples, Inc. 2338 Immokalee Road Naples, FL 34110 Agent: D. Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for Conditional Use No. 2 of the Estates (E) Zoning District, as provided in Section 2.03.01.B.1.c.1 of the Collier County Land Development Code (LDC),to permit a Church on 2.6±acres. GEOGRAPHIC LOCATION: The subject parcel is located on the south side of Immokalee Road (CR-846), lying about 300 feet east of Oaks Boulevard, north of Autumn Oaks Lane, and west of Valewood Drive, Tract 22, Golden Gate Estates Unit 97 in Section 29, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a 6,000 square foot church with a seating capacity for 300 members on 2.6± acres. The church intends to construct a sanctuary building and meeting spaces all within the 6,000 square feet structure. The conceptual site plan(see attached) indicates Page 1 of 8 a 1 1 I -1) I I I 1 1 3 1 1 0 Z 1 ' 1 1 1 .a I F R R R Z O w - H < R t a C Gi 0 J g g / — O a3 . a ' s :- a a 1 a a a V WYA3YIOB KIM 0 � a N ._. -14 r--- ------ /G 1 5 5 5 5 s JJ 5 r OWA3YlOa XIS� . 3W O 37400/11114/VON ! z ,-----, M N 0 it' l as �n 3 Q a.r _ 1 ( I_ o 0 N 37f3S OL MN / 7 D 0 ak Aw NYL ON awn3Vg6 Iss - 0 I 17 Eia8 7,I °^ a c W 6i a Q fl 1 r 1 IV 11! !I 16 6 � a i i 1 2 ap 00 2 d 9, � � awn3noa NY00� l I I o aa 6 1 : k I n 1&° _11 1 a a' w �w L-3AASN3N 1\ ( YNL ANIN000 i MS BOOM 6CS1W0 1 U 31Y16N3 N1 _ e 6 R O II;lig NI 11 rig 1 dg, �`, j is ak- J 11 W I �w■` - r 1— C U aYOn NOasex+nn `- 00021 W NOASONI 1 _ / p 4Ljg' �� - -�- (16 V0, hill _ :- , 1 ! '�'� I � avoe oNrtxe-aNOaaY_ 1s ~J v�� ` *¢o W M Napa E W K K IR n arw a>K r o O lO 1 0 N a Anre- p �'' o N n < w --O- ul O• ZZO 6 win N _op, F N O ci ro W r U y w z j O< a W W W W W W W W lal W 1 a I 3° .. 5 W w N U < a < a N <<<< a s fA oN of rc a. 6o wWB," z a Q 31 r 71 o m g neon 88 _4 = c� = z o a =rc �Wo< ag ▪ 5 a 0 0 o 5 °o o° ti 0 Q g Y U M < U N v. ><d z m O .7 a < w a °d o F�1 o rc N s w a °w °°} °z B v Q asa tn v� a y z m a Ili a W %w i O DS N ° O < = K K W Z N VF1 O < VO VI a' - a w < uwi 1O Waa U WVW U OF w in in¢ = O z a0 N W a N a ,- _ <2N * aNa A a a Z c, z wF aY < ` CI N W in N in 0 0 a N N in N a m n < I- IA Q. <z W< W �v] W �_ �: d zU•N NW N N �:IrZ(r O U C O w o T6 Q a NW a>'a R /U$ ..7 Ip N z E k ... . : I j s Q A� A A a 5 a A II A II W- D 0 w w a z° in 0 a s N N 1- wy wa 1- r O J • a a iao z w ~ m a R r. °ooao 0 o 61 w y z o s CO N Z� ZNOE W W o a 0 je tVy liVii n W a C' rn �NN > W QK <NUU >O o m ° fn as a�vai en ix La a a ¢ ao V o a 81.-5 naao a o s n �� 0 III '.' _- a ONINOZ 3 03dO13A3aNf1 � :4., 1 ik ��ji�a�liR��O�l►i110�1>�ahO��O�\i>•ah0 a a "� I I itre;.x77,11,100g. ,willion_ i-Nitilll . ___ zi„.. .._ ,,,... U. iv 1 03 _ W Way Q z r,x 1 1 i , , .,-.7---.„---.-.---,,,:,.,....:::.:,,,,,,,-,-.--,,,t----;:::::---, ......:...., s,‘ ...--...,... . < „L. 1 >. .r t�, o• r-- 11 tigi— z , • OQao i .ONLY I Q o o ▪ E0 E i� �► W w a 00 Y z a W ' w Ii' 0.7 m r I p Q o▪ O 0 al 0 ' tall'"''' ...°-:',' .,..m"-- rib, -10 I ' 1 4 . , s 1' ,11111 I 2 1113< \ t ' , ,fir tip.: Z \ , NO,' -°t +°� § r fs i .:;: :=,.8 � +^'e,,f -. . " is 07 h gito � flhIIIi$J1111 o L w i, ...______ !,.. . < 0. Y �Z I a W Z m 3 Ii a N I JNINOZ 3 a N z a 1...3 3 D2lV73W3 OSIW ~m N - p r that the ingress and egress will be from Autumn Oakes Lane, and the applicants will provide paved and grassed parking, buffering, water management and native vegetation preserves. The applicants are also providing 45 feet of Right-Of-Way reservation for the Valewood Drive north/south extension. Currently the site contains a single-family dwelling unit that will be demolished prior to constructing the church. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family home, zoned Estates (E) SURROUNDING: North: CR-846 & Single-family/Multi-family residential and commercial land uses, zoned Quail II PUD and Huntington PUD East: Vacant residential lot, zoned Estates (E) South: Autumn Oaks Lane & Single-family residential, zoned Estates (E) West: Permitted essential services (telephone switching station) and model home, zoned Estates (E) - -"t- pit _ a i 4 \' 5' -'.., ' ` ° +' Fj o- '.-P ,' .`s n -,-- - o f - °fc F Ly 5- . Y+ i?4?„,--- :""^Rv t :_ ._...max s _ . ti t t ¢'r _ t _ d _ C&hil Com+ly? fA v , - _ —. ft GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The petitioner's property, as identified on the FLUE Map of the Golden Gate Area Master Plan (GGAMP), is within the Estates - Mixed Use District, Page 4 of 8 Residential Estates Subdistrict land use designations of the Growth Management Plan (GMP). The "Conditional Uses Subdistrict" in the Estates — Mixed Use District within the GGAMP contains specific provisions for Essential Services Conditional Uses, Conditional Uses on Golden Gate Parkway and Collier Boulevard, Transitional Conditional Uses adjacent to Neighborhood Centers, Transitional Conditional Uses [as buffers between residential and certain non-residential uses], and, Special Exceptions to Conditional Use Locational Criteria [for certain excavation activities and temporary model homes]. The First Congregational Church site did not previously comply with any of the Conditional Uses Subdistrict provisions, thus it was proposed as another Special Exception during the 2005 Cycle GMP amendments. The referenced GMP amendment has been adopted and is in effect. The review of CU-2007-AR-12357, First Congregational Church of Naples Conditional Use is predicated by the site-specific Growth Management Plan amendment which was adopted by the Board of County Commissioners (BCC) on December 4, 2007 and became effective February 19, 2008. The Special Exception was written with GGAMP language which reads as follows: e) Special Exceptions to Conditional Use Locational Criteria: 3. Conditional Use for a church or place of worship as allowed in the Estates Zoning District is allowed on Tract 22, Golden Gate Estates Unit 97. The subject property is Tract 22, Golden Gate Estates Unit 97. The Neighborhood Information Meeting (NIM) for the GMPA required by LDC Section 10.03.05 F was conducted January 4, 2007. Notes from this meeting indicate that the property owners agreed to reserve at least a 45-foot wide Right-Of-Way (ROW) easement along the east edge of the subject property in order to connect Immokalee Road (851) to Autumn Oaks Lane. This new street would be an extension of Valewood Drive from the north, across Immokalee Road(CR-851). Access from the subject site would be on Autumn Oaks Lane. Petitioners agreed this new side street would not be a major transportation "corridor", but would be designed as a"residential street". Final details about these design elements are being worked out with the County,but the design is expected to have limited access. The Conceptual Site Plan illustrates the proposed road along the subject property's eastern edge and its 45-foot ROW Reservation. The proper access configuration is also shown, including the east-side access drive between the onsite parking area and the reserved ROW. Based upon the above analysis, staff concludes that the proposed conditional use may be deemed consistent with the Golden Gate Area Master Plan. (See attached GMP consistency memorandum dated March 10,2008) Transportation Element: The Transportation Services Department has reviewed this petition and has determined that this project is consistent with policy 5.1 of the Transportation Element of the GMP. The project produces 6 P.M. Peak Hour trips. If all 6 trips become peak direction, peak hour trips on Immokalee Road (CR-851), the impact will be 0.17 percent. Immokalee Road Page 5 of 8 (CR-851) between I-75 and Logan Boulevard currently has 143 remaining trips, and is currently at a Level of Service (LOS) "E" as stated by the 2007 Annual Update and Inventory Report (AUIR). However, this segment of Immokalee Road is anticipated to fail by 2013. As such, the applicant has elected to donate 45 feet of ROW for the connection/extension of Valewood Drive at Immokalee Road (CR-851) as mitigation for the proposed impacts. To accomplish the donation of the ROW for the Valewood Drive extension the applicant has elected to enter in to a Memorandum of Agreement as a stipulation for Collier County Transportation Services Division approval (Attachment D). ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the GMP and, with the conditions proposed by staff, this project will be in compliance with the applicable provisions of the LDC. Normally a church is not permitted at this location by the Golden Gate Area Master Plan (GGAMP), but the applicant's agent on behalf of the First Congregational Church applied for a Comprehensive Plan Amendment to establish provisions within the GMP for a Special Exemption to allow a church on the subject site by means of a Conditional Use application. On December 4, 2007 the Board of County Commissioners approved the GMP Amendment request and the amendment became effective February 19, 2008. 2. Ingress and egress to the 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. As depicted on the conceptual site plan, the ingress and egress to the subject property is limited to Autumn Oakes Lane, which is a local road. In addition, to improve pedestrian safety, a sidewalk will be provided along Autumn Oaks Lane and Valewood Drive which connects to the sidewalk along Immokalee Road. Lastly, staff from the Transportation and Fire Departments has indicated that this project will not adversely impact traffic flow and control, and that the access is adequate in case of fire or other catastrophe. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. Due to the limited nature of the proposed church use, and the required vegetative buffers to be placed along the perimeter boundaries as well as a 6 foot tall wall along the western property line, staff is of the opinion that the impacts on the surrounding neighbors should be minimal. Page 6 of 8 4. Compatibility with adjacent properties and other property in the district. The proposed church site is located on the south of Immokalee Road (CR-846) and is across from the Hunting Lakes and Quail II PUD zoned projects that are developed with commercial land uses as well as single-family and multi-family residential homes. Just south of the subject site is Autumn Oaks Lane (a local road) which abuts properties zoned Estates (E) which is developed with single-family home sites. The subject property also abuts an Embarq telephone switching station (Essential Services) on the west side of the site along with a model home. To the east is a vacant single-family home lot that is zoned Estates (E). The applicant and the Collier County Transportation Services Division have agreed to enter into a Memorandum of Agreement for First Congregational Church of Naples (Attachment D) due to the site constraints from the applicant providing a 45-foot ROW easement to the County. The Memorandum of Agreement is requesting a LDC deviation. Any required preserve for the subject property may be provided off-site through the acquisition of like property with subsequent donation to Collier County or through a payment to Conservation Collier to secure an area consistent in size and quality to the on-site preserve area. Staff recognizes that a deviation request is not the appropriate process through the Conditional Use request. A Conditional Use process determines if the site is appropriate for the land use being requested. Since the applicant has worked out an arrangement with Transportation Services Division staff leaves this determination to the Board of County Commissioners (BCC). ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION: The EAC did not review this petition because the site is under the size threshold (10 acres) to require and Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was held on March 25, 2008 at 5:35 p.m. at the North Naples Church. Twelve persons from the public attended, as well as the applicant's team (D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A.) and county staff. There were no questions or concerns from the participants at this meeting. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- 2007-AR-12357 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan(Attachment B). The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. Subject to the stipulations contained in the Memorandum of Agreement date August 26, 2008 (Attachment D), and the final exhibit for the Right-of-Way reservation shall be a legal sketch and description of the property prepared by the County's consultant. Page 7 of 8 PREPARED :Y: ' 95/c ?//9M �� MELISSA ONE, P i • � AL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 4qt RE WED BY: . A- C va Il�, 1 a 1 o g .� e , w el G H7- DATE ASSISTANT COUNTY ATTORNEY 0..._..._„,_., i • .......,. RAYM If D V. BELLOWS, ZONING MANAGER DATE DEPAR MENT OF ZONING AND LAND DEVELOPMENT REVIEW `--rn , 9 - 9 - o g SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: Ai J PH K. SCHMI , ADMINISTRATOR DA E • ITY DEVELOPMENT&ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK STRAIN, CHAIRMAN DATE Staff report for the September 18, 2008 Collier County Planning Commission Meeting Tentatively scheduled for the November 18, 2008 Board of County Commissioners Meeting Attachments: A. CU Findings of Fact B. Conceptual Site Plan"FOUND ON PAGE 3 OF 10" C. Resolution D. Memorandum of Agreement E. GMP Consistency Memo Page 8 of 8 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.01.B.1.c.7 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 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 findings,this conditional use should, with stipulations, (copy attached) (should not)be recommended for approval <text>. DATE: CHAIRMAN: Attachment A Memorandum of Agreement For First Congregational Church of Naples CU-2007-AR-12357 August 26,2008 First Congregational Church of Naples has made application to Collier County for Conditional Use approval of property located at 6225 Autumn Oaks Lane for the purpose of utilizing the property for a church sanctuary and related uses. Collier County is seeking to make improvements to the intersection of Valewood Drive and Immokalee Road and will require Right-of-Way from the church's property in order to do so. The purpose of this memorandum of agreement is to outline the elements of agreement relating to the reservation of ROW required for use by the County and to identify specific issues relative to the review and development of the subject property. This memorandum is to be made part of the Conditional Use record at the time of public hearing. Both Collier County and the property owner agree to stipulate to the following: 1. At the time of SDP review and approval,the established water management control elevation will be set no higher than 10.75 feet NGVD. 2. The water management to serve the church parcel will be required to provide water quality treatment consistent with SFWMD standards and will be reviewed by Collier County. Furthermore, the County has deemed the configuration of the water management area as shown on the Master Plan to be acceptable. 3. Off-site discharge of storm water will not exceed the pre-development conditions of the site. A"pre vs. post" analysis shall be provided as part of the Site Development Plan process in order to make sure that this standard is met. 4. The applicant will reserve ROW consistent with the attached exhibit A and such reservation shall be eligible for impact fee credits consistent with the market value of the property prior to a successful rezoning. 5. The county will provide for a positive discharge point for storm water along Autumn Oaks Lane for the subject property. The property owner and the County shall coordinate the location to be mutually acceptable. The minimum discharge elevation to the existing Autumn Oaks Lane roadside swale will be set at 10.4' NGVD. The project outfall structure shall be designed to meet the outfall flows. 6. Collier County will construct gravity walls along the subject properties northern property line within the County ROW and taper it to a shared slope and construction easement along Valewood Drive in order to accommodate the perimeter water management swale and landscape buffer for the church property. The property owner will be responsible for the maintenance of the easement. 7. The County shall construct the sidewalk along Valewood Drive along the East side and reduce the ROW"corner clip"behind the Immokalee/Valewood turn out. The county will attempt to reduce the corner clip where feasible. The applicant will not be responsible for construction of or payment in lieu for sidewalks adjacent to the project. Attachment"D" 8. Any required preserve for the subject property may be provided off-site through the acquisition of like property with subsequent donation to Collier County or through a payment to Conservation Collier sufficient to secure an area consistent in both size and quality to the on-site preserve area. Adherence to these stipulations is mutually beneficial to both the applicant and Collier County in that it allows for the construction of the planned roadway improvements while preserving the viability of the parcel for its development and intended use. Attachment "D" L. 1 u) � + to °g m s 3 I 3 4 00 o a s N WW CO• m m WWW • = • Wo n00 .41 • Z LL ri to N lV Q o 8 1�� M E. F g S R' Q "' a I w > ° ay W R' W ti i Z W °ap a z O W O W I 6 g g z O r 'm Iw d' m c i II 0. W 6 \\ \\.\\\ • •\ • • \ • \ \\ • \ •` • \ \\ • \ \\ \ \ \\ •,..\\ \ \ \ C O < \\\\\\\\\•\\\\\\\\\\•\\\•\\\\•\\\•\\\\ \\ \\\\\;\\\\\\\��\\\\\\\•\\\\\\\\\ \\\\\\\\\\\\\\\\ \\;;\\\\\\\\;\\\ G ;� \\ \\•\\•\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ M IP 0 .. O Z Q o Ce LL 3 to dd- W J q a.1 /Z�Z, V C N M Wi-"2 z Zy°8 o I m r�R4z 4 Q Q _- 0 ` Z /Y W W • 6 L Q�O6 \ � �e�9CU I- W.Zt Q • CO o. w Q- W �W v \ WHO I z Z O 0 I 2 m i LL II uVYm Yp W V Z QJ n 0 N CU I W Q C.) 1 J Co er CovtT-ity CONSISTENCY REVIEW MEMO To: Melissa Zone,Principal Planner, Zoning and Land Development Review Department From: Corby Schmidt,AICP,Principal Planner, Comprehensive Planning Department Date: March 10,2008 Subject: Golden Gate Area Master Plan (GGAMP) Consistency Review—Stage 2 PETITION NUMBER: CU-2007-AR-12357 PETITION NAME: First Congregational Church of Naples, Inc. REQUEST: The applicant is requesting a conditional use for a church/place of worship in the E,Estates zoning district in Golden Gate Estates. LOCATION: The subject property contains 2.6 acres more or less and is located on the south side of Immokalee Road,lying approximately 300 feet east of Oakes Boulevard,north of Autumn Oaks Lane, and west of Valewood Drive (extended), commonly known as 6225 Autumn Oaks Lane. This property is situated at the northwest boundary of Golden Gate Estates, in Section 29, Township 48 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property, as identified on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP), is within the Estates - Mixed Use District,Residential Estates Subdistrict land use designations. The "Conditional Uses Subdistrict" in the Estates — Mixed Use District within the GGAMP contains specific provisions for Essential Services CUs, CUs on Golden Gate Parkway and Collier Boulevard, Transitional CUs adjacent to Neighborhood Centers,Transitional CUs [as buffers between residential and certain non-residential uses], and, Special Exceptions to CU Locational Criteria [for certain excavation activities and temporary model homes]. The First Congregational Church site did not previously comply with any of the Conditional Uses Subdistrict provisions, thus it was proposed as another Special Exception during the 2005 Cycle GMP amendments. The referenced GMP amendment has been adopted and is in effect. The review of CU-2007-AR-12357, First Congregational Church of Naples Conditional Use is predicated by the site-specific Growth Management Plan amendment which was adopted by the BCC on December 4,2007 and became effective February 19,2008. - 1 - Attachment"E" The Special Exception was written with GGAMP language which reads as follows: e) Special Exceptions to Conditional Use Locational Criteria: 3. Conditional Use for a church or place of worship as allowed in the Estates zoning district is allowed on Tract 22, GGE Unit 97. The subject property is Tract 22, GGE Unit 97. The Neighborhood Information Meeting (NIM) for the GMPA required by LDC Section 10.03.05 F was conducted January 4, 2007. Notes from this meeting indicate that the property owners agreed to reserve at least a 45 foot wide right-of-way easement along the east edge of the subject property in order to connect Immokalee Road to Autumn Oaks Lane. This new street would be an extension of Valewood Drive from the north, across Immokalee Road,though not necessarily named as such. It was explained that one access from the subject site would lead onto Autumn Oaks Lane and one onto the (yet unnamed) side street. Petitioners agreed this new side street would not be a major transportation "corridor", but would be designed as a "residential street". Final details about these design elements are being worked out with the County, but the design is expected to be limited access in some manner. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety. However, staff notes that in reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis is to be comprehensive and include a review of both the subject proposal and surrounding or nearby properties with regard to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction,etc. REVIEW OF APPLICATION MATERIALS: The Conceptual Site Plan correctly illustrates the "proposed road" along the subject property's eastern edge and its "45'R.O.W. Reservation". The proper access configuration is also shown,including the east- side access drive between the onsite parking area and the reserved right-of-way. Based upon the above analysis, staff concludes that the proposed conditional use may be deemed consistent with the Golden Gate Area Master Plan. ON CD-PLUS cc. Susan M Istenes,AICP, Zoning and Land Development Department, Director Ray Bellows, Zoning and Land Development Department,Manager David Weeks,AICP, Comprehensive Planning Department,Planning Manager Randy Cohen,AICP, Comprehensive Planning Department, Director GGAMP file -2- RESOLUTION 08- 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 ESTATES (E) ZONING DISTRICT PURSUANT TO SECTION 2.03.01.B.1.c.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 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, 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 approving a Conditional Use for a 6,000 square-foot church with a seating capacity of 300, pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code (LDC) in the Estates (E) zoning district on the property hereinafter described, and the Collier County Planning Commission 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 Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board has considered all matters presented. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by D. Wayne Arnold of Q. Grady Minor & Associates, P.A., representing the First Congregational Church of Naples, Inc., with respect to the property most commonly described as 6225 Autumn Oaks Lane, Collier County, Florida, consisting of one 2.6 acre parcel more particularly described as Tract 22, Golden Gate Estates subdivision, Unit 97, less the north 50 feet of said Tract 22, according to the plat thereof, recorded at Plat Book 7, Page 96, of the Public Records of Collier County, Florida, be and the same is hereby approved for a Conditional Use pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code in the Estates (E) Zoning District for a 6,000 square foot church with a seating capacity of 300, in accordance with the Conceptual Master Plan (Exhibit "B"), subject to the conditions set forth in Exhibit "C" which is 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 — day of , 2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, Chairman Approved as to form and legal sufficiency: 0 Jeff E. Wright Assistant County Attorney Page 2 of 2 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.01.B.1.c.7 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 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 findings,this conditional use should,with stipulations, (copy attached) (should not)be recommended for approval <text>. DATE: CHAIRMAN: Attachment A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.01.B.1.c.7 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 <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 findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: MEMBER: Attachment A F iiUo0IX W N W Z c Q < 8 W n R K K N R R m K op o = .-� o p<, o oGt41 s n n v N mor ro a o CO {q >~ t oa• p Vint p n < Oi'Cvi o Z Zw K3-, 0 V, K W y ��FO F 1~il Q F{IL W W W W W W W .w Y w f=p g W W W Z Y W a I ((QQO�� 0 3 y6� pw N -re 6 0 0 0 <Q<< Q < a< p Of K J N I O V W W W Z a Q Q N 1�0 O c-3 0 M O h O O it WW = V, Z Z U = >U a�>F a .. 5 O O O O O O o N O a p W 1JJJ Q �L Uj d K V N < N v.'! W<U Z K O W W d LI CO m W ig p < 0 6 0 Z aQa N Q p di do}Z m a W Q W ¢W O W N o N ■< < N w W . Z DI F Q N < li } O N U 1w w!'--13-,1 OF O N N M N Q Q V 7S < e o �i ' wQQ w S r w w� Z Qv j 0.' a z c°g yr a ^ t = <PN Q cc t < < < Z it 5 w0 W 0 W<< U 0 N W O N G C * H N a N j to h < F- N a Q Z Q w F Z s: 0 c±' 10 p •wNw O O n N j w O Z J m a� 'S0. a DS Q O f V 1.212 W�J N ...d'om O U C G _ N Z W < NW 15 0 . •• W js< 1 JJ t t Q3Q A Q t 4 W = ° W a Z O 1.2:2 Q Q cl cl W .� ,. n d<z z F O < o ~O are ce¢ O O tt "' zZa Z0 z ww m Cl. 0 r O 0 a O 1- F -� - , i. �. N r t! O O p p Z ; IW/1 CO V �' r!y {{yy�� O Q Q O W d N« Vl w O O W N Wp a _.aa K W w w p W a p<NN J< Nz a p 'c. O d onro N ¢ n. a o o f a o 7 T�I h =y ..44 ill ONINOZ 3 03dO13A30Nf1 w • CA tz NM 0 tip-.��►�o�ao��►�.��o�Nw.�o�. z0 I I0 (D 4 4 I :# r at - spa -7 ' v .ae %�,�a, r- w J u"'�s.c,a r rig > r d� 1;." > Zd c �S �sg�� cgs _r„.i.i2liiiii z, '8\ link'3"„;','`,..7.F.;":1::F---ir-I"1_11 ..: 0 -Ili ii r Vi W - t ' j 1-,.:"-..'-`'-'''':::::',V," 0 il 24:(0 0 W a. l• I J OM aU cl Jr a s ' ��°. F dD pp ' 0 1.-.. Lew ii g °- 3 :.'.ra -sue'��f +ti t 0 sR _ z `�z ... till:• et Fili+E 1 Y Q MD I ass�,.1...' i�_r , ,,,`7 >,• ,fi ' ? � d � L ,' z'z • y i°'r., � s � w'�„'.„, ' # •h &.. • d ' -:: + ' 3w ( F O'.0 iii T;Ia 1 1t_� — -'- _III ! IlIIIii u V w m a III laam W O 2 I J n_ W W LL z m W J I N JNINOZ 3 a z a..,3 IP w OUVEIW3 3VW ),-m N e3- a W -3 ' / o Exhibit 'B” • t CONDITIONS OF APPROVAL 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B). The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. Subject to the stipulations contained in the Memorandum of Agreement date August 26, 2008 (Attachment D), and the final exhibit for the Right-of-Way reservation shall be a legal sketch and description of the property prepared by the County's consultant. EXHIBIT C