Agenda 12/13/2011 Item #16A 5AW
Recommendation that the Bop►rd of County
for the Bethesda Corkscrew Seventh Day A
which expired on March 26, 2005 pursuant
Land Development Code (LDC) that provid
the conditional use was. granted if the use has
OBJECTIVE: To have the Board of Coun
Number: 02 -161 and extend the expiration di
proposed church located at the northwest corner
and Lilac Lane.
12/13/2011 Item 16.A.5.
immissioners reinstate the Conditional Use
entist Church, Resolution Number 02 -161,
Section 10.0&00.E.1 of the Collier County
a three year expiration date from the date
it commenced.
Commissioners (BCC) reinstate Resolution
to three years to December 13, 2014 for a
the intersection of Immokalee Road (CR -846)
CONSIDERATIONS: In response to a Public Petition request from the pastor of the Bethesda
Corkscrew Seventh Day Adventist Church to ha a their conditional use permit be reinstated, the
BCC approved a motion for staff and the County Attorney's Office to work with the petitioner to
come to a resolution regarding the process for reinstating the conditional use permit. This motion
was approved by the Board by a vote of 5 to 0 (Agenda Item 6C).
The Conditional Use for the church facility was
with the adoption of Resolution Number: 02-
application for site development plan (SDP)
subsequently approved on December 5, 2007. It
Land Development Code (LDC) provides the ex
use shall expire 3 years from the date of grant, i
use was granted has not been commenced." Sin
services held at this time, the subject CU offici
petitioner contends that they have been continuc
the site development plan approval which remain
Given the severe downturn in the local and n:
churches and other small businesses that have
money for the required site development plans a
time limit. As a result, staff is preparing an amp
the expiration time limit for an approved condi
which is the same as currently provided for P
economic emergency, staff is recommending th
since the petitioner has an approved and active si
FISCAL ACT: Reinstating the conditi
apply for a new conditional use which will bE
require the applicable fees.
GROWTH MANAGEMENT IMPACT: E
from three to five years should not adversely
Management Plan (GMP) and/or LDC.
Revised on: 12 -6-11
Packet
approved over 9 years ago on March 26, 2002
.6 1. The agents for the church submitted an
approval on May 22, 2006. The SDP was
hould be noted that Section 10.08.00.E. I of the
►iration time limit as follows: "Any conditional
'by that date the use for which the conditional
;e the church has not been constructed and no
illy expired on March 26; 2005. However, the
asly working on the project and have received
active today.
anal economy, it has been difficult for many
btained conditional use approval to raise the
to construct the facilities within the three year
dment to LDC Section 10.08.00.E.1 to extend
>nal use permit from three years to five years
:) time limits. Also, due to the state of local
the BCC reinstate Resolution Number 02 -161
development plan,
use eliminates the need for the petitioner to
to the property owner /developer as it will not
g the conditional use expiration deadline
any consistency findings with the Growth
-1057-
12/13/2011 Item 16.A.5.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. A majority
vote is needed for Board approval. —HFAC
RECOMMENDATION: That the BCC adopt the attached resolution which will reinstate
Resolution Number 02 -161 and thereby extending the expiration date three years to December
13, 2014 since the petitioner has an approved and active site development plan and due to the
state of local economic emergency and that the BCC make the following findings:
The Church obtained SDP approval on December 5, 2007. That since the date of
approval, this SDP has remained in an approved/active status and did not expire; and
2. The Conditional Use expired on March 26, 2005 and was not eligible for an extension
under HB 360 (2009), SB 1762 (20 10) or HB 7207 (2011); and
3. Any other similarly situated properties may be eligible for extension and brought back to
the BCC where:
a) The Conditional Use expired but the SDP approval was active; and
b) The property is not eligible for the 2009 -2011 legislative extensions.
Also, that the BCC direct the County Manager, or his designee to prepare an LDC amendment to
extend the Conditional Use expiration date from 3 to 5 years.
PREPARED BY:
Raymond V. Bellows, Planning Manager, Zoning Services Section
Department of Zoning & Land Development Review
Attachments: A) Resolution Initialed by the CAO
B) Resolution Number: 02 -161
Revised on: 12 -6 -11
Packet Page -1058-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5.
12/13/2011 Item 16.A.5.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation that the Board of County Commissioners reinstate the Conditional Use for
the Bethesda Corkscrew Seventh Day Adventist Church, Resolution Number 02 -161, which
expired on March 26, 2005 pursuant to Section 10.08.00.E.1 of the Collier County Land
Development Code (LDC) that provides a three year expiration date from the date the
conditional use was granted if the use has not commenced.
Meeting Date: 12/13/2011
Prepared By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
10/28/20112:10:31 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 11/8/2011 1:14:51 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 11/10/2011 10:58:40 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/14/20119:22:40 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 11/14/2011 4:51:36 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Packet Page -1059-
1..% Date: 11/15/2011 10:19:48 AM
Name: IsacksonMark
12/13/2011 Item 16.A.5.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/17/2011 1:29:26 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/23/2011 10:58:32 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/23/20112:09:41 PM
Packet Page -1060-
12/13/2011 Item 16.A.5.
RESOLUTION 11-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION NO.
CU- 2001 -AR -1420, PROVIDING FOR THE EXTENSION OF A
CONDITIONAL USE ALLOWING A CHURCH AND CHILD CARE
CENTER FACILITY IN THE RURAL AGRICULTURAL (A)
ZONING DISTRICT WITH A MOBILE HOME OVERLAY (MHO),
FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 47
SOUTH, RANGE 27 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 counties 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) (LDC), which includes a comprehensive zoning ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting and extending of conditional uses; and
WHEREAS, on March 26, 2002, the Board of Zoning Appeals enacted Resolution No.
02 -161, a copy of which is attached hereto as Exhibit A, granting a conditional use pursuant to
Section 2.2.2.3 (currently codified as Section 2.03.0l.A.l.c) of the LDC, to allow a church and n
child care facility in the Rural Agricultural zoning district with a Mobile Home Overlay (A-
MHO), on property described in said Resolution; and
WHEREAS, Bethesda Corkscrew Seventh Day Adventist Church (the "Church ")
submitted its application for SDP approval on May 22, 2006; and since the date of the
application, this SDP has remained in pending/active status and did not expire; and
WHEREAS, while the application for SDP was under review, the Church was not
eligible for conditional use extensions under HB 360 (2009), SB 1762 (2010) and HB 7207
(2011) because the conditional use granted under Resolution 02 -161 expired before it was
eligible; and
WHEREAS, on June 14, 2011, the Church petitioned the Board of County
Commissioners by public petition requesting relief from the expired conditional use, and the
Board directed staff to explore alternatives for such relief; and
WHEREAS, interested parties have been given opportunity to be heard by the 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:
1 of 2
Packet Page -1061-
12/13/2011 Item 16.A.5.
Petition CU- 2001 -AR -1420, filed by Bethesda Corkscrew Seventh Day Adventist Church
^ and approved by Resolution 02 -161, is hereby extended until December 13, 2014 based on the
following extenuating circumstances:
n
(1) The Church filed its application for an SDP on May 22, 2006 which was approved
on December 5, 2007. Since the date of the application, this SDP has remained in pending/active
status and did not expire; and
(2) While the application for SDP was under review, the Church was not eligible for
conditional use extensions under HB 360 (2009), SB 1762 (2010) and HB 7207 (2011) because
the conditional use expired.
BE IT FURTHER RESOLVED that any other similarly situated properties may be
eligible for an extension after Board consideration where (1) and (2) are met.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and in the records of the Petition for which the extension is granted.
This Resolution adopted after motion, second and super - majority vote, this day of
.2011.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and
legal sufficiency:
Heidi Ashton -Cicko `
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
M-
Attachment: Exhibit "A "- Resolution 02 -161
11- BCC - 00743/7
2 of 2
Packet Page -1062-
, Chairman
12/13/2011 Item 16.A.5.
�. g . U. 4
RESOLUTION NO. 02— 161
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CHURCH AND CHILD CARE CENTER CONDITIONAL
USES 7 AND 11 RESPECTIVELY IN THE "A -MHO" RURAL
AGRICULTURAL ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE ON PROPERTY LOCATED IN
SECTION 23 ,TOWNSHIP 47 SOUTH, RANGE 27 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. 91 -102) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is the
granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of conditional uses
17" and "11" respectively of Section 2.2.2.3. in an "A -MHO" Rural Agricultural Zone with
Mobile Home Overlay for a church and a childcare center, on the property hereinafter described,
and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have
been made concerning all applicable matters required by said regulations and in accordance with
Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission;
and
WHEREAS, all interested patties have been given opportumtY to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE. BE IT RESOLVED, BY the, Board of Zoning Appeals of
Collier County, Florida that;
The petition filed by Hoover Planning and Development. Incorporated, representing the
NE Naples Seventh Day Adventist Church with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein•
be and the same is hereby approved for Conditional Uses 117" and "I V pursuant to Section
2.2.2.3 of the "A -MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a
EXHIBIT
n
Packet Page -1063-
12/13/2011 Item 16.A.5.
7 B
church and childcare center in accordance with the Conceptual Master Plan (Exhibit "C ") and
subject to the following conditions:
Exhibit "D" 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 majority vote.
Done this _.xG+ day of 2002.
BOARD OF ZONING APPEALS
COLLIER COUrAY, FLOJW61
BY. Q-
�,a�' COry;�
JAMBS44. COLETTA, CHAIRMAN
jr
E. BROCY, Clerk
N'i✓ -'2i
=igplatwa eftly.
Approved as to Farm and
Legal Sufficiency:
Marjo ' M. Stu cut
Assistant County Attorney
CU- 2001 -AR -1 420/RaAo
Packet Page -1064- "—
12/13/2011 Item 16.A.5.
av
?B
n
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMWSSION
FOR
A CONDITIONAL USE PETITION
FOR
CU- 2001 -AR- 4420
The following facts are found:
1. Section 2.2.3. 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 b" 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 y
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes 1 No
Bascc on the above findings, this conditional us, h" with stipulations, (copy attached)
(shouid not) be recommended for approval
DA_..,
MEMBER: &A
EXHIBIT "A'
Packet Page -1065-
n
12/13/2011 Item 16.A.5.
7B
LEGAL DESCRIPTION
Northc t /, of the Southeast '/. of the Southeast '/+ less and' except the East and South 30 feet
thereof reserved for road purposes and the East Yz of the Southeast '/4 of the Southeast %. of the
southeast '/• less and except the North and East and South 30 feet thereof reserved for road
Purposes of Section 23, Township 47 South, Range 27 East, of the Public Records of Collier
County, F iorida.
El
0
CU- 2001 -AB -1420
EXHIBIT "B"
Packet Page -1066-
F]
12/13/2011 Item 16.A.5.
t
t �
1
Fill
I III I11 1
1
t i 1 11 ti i —i i i lll� ltll 1
IM ltt lilt 1
1
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oil i I
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I'►`�`�`' i
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:�ij1i�l i}t q
CU- 2001 -AR --1420
EXHIBIT "C"
I'7 !!1 DAY
3 ��ST ��
Packet Page -1067-
12/13/2011 Item 16.A.5
78 '
CONDITIONS OF APPROVAL.
CCU- 2001 -AR -1
This approval is conditioned upon the following stipulations:
1. The Current Planning Manager may approve minor changes in the location,
siting, or height of buildings, structures, and improvements authorized by the
conditional use. Expansion of the uses identified and approved within this
conditional use application, or major changes to the site plan submitted as part of
this application, shall require the submittal of a new conditional use application,
and shall comply with all applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan Review and Approval, of
the Collier County Land Development Code, Ordinance (91 -102).
2. Lilac Lane shall be paved from Immokalee Road to the project's driveway
entrance. Ail road improvements must take place prior to the issuance of the first
certificate of occupancy for this project.
3. Construction of phases II and III shall not commence until the time that
Immokalee Road is four laned to Everglades Boulevard. Phase I includes an
18,000 square foot church building (300 seats) and all outdoor recreational
amenities. Phase 11 Includes an 18,000 square foot expansion to the church with
a total of 500 seats. And Phase III includes a 2,400 square foot childcare center.
4. The property owner shall dedicate at no cost to Collier County the right -of -way
needed for the widening of Immokalee Road in lieu of constructing turn lanes
within 90 (ninety) days upon written request by Collier County. The County shall
construct the turn lanes when needed. The petitioner shall have a Sheriffs
Deputy direct traffic at the intersection of Immokalee Road and Lilac Lane just
prior to and after church services.
5. Fifteen (15) percent of the existing native vegetation on -site shall be retained as
required in Section 3.9.5.5.4 of the Land Development Code.
6. The applicant shall provide a 15' wide landscape buffer, which shall be located
along the southern property line subsequent to the right -of -way dedication of
condition #4 prior to the issuance of the first certificate of occupancy.
7. The childcare facility shall be located along the western property setback line on
the subject site.
EXHIBIT "D"
Packet Page -1068-
12/13/2011 Item 16.A.5.
7Bt ' ;. .
RESOLUTION NO. 02- 161
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CHURCH AND CHILD CARE CENTER CONDITIONAL
USES 7 AND 11 RESPECTIVELY IN THE "A -MHO" RURAL
AGRICULTURAL ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE ON PROPERTY LOCATED IN
SECTION 23 ,TOWNSHIP 47 SOUTH, RANGE 27 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. 91 -102) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is the
granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of conditional uses
"7" and "11" respectively of Section 2.2.2.3. in an "A -MHO" Rural Agricultural Zone with
Mobile Home Overlay for a church and a childcare center, on the property hereinafter described,
and has found as a matter of fact (Exhibit "A "} that satisfactory provision and arrangement have
been made concerning all applicable matters required by said regulations and in accordance with
Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission;
and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED, BY the Board of Zoning Appeals of
Collier County, Florida that:
The petition filed by Hoover Planning and Development, Incorporated, representing the
NE Naples Seventh Day Adventist Church with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein.
be and the same is hereby approved for Conditional Uses "7" and "I V pursuant to Section
2.2.2.3 of the "A -MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a
Packet Page -1069-
12/13/2011 Item 16.A.5.
7 B'
church and childcare center in accordance with the Conceptual Master Plan (Exhibit "C ") and
subject to the following conditions:
Exhibit "D" 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 majority vote.
Done this 44, day of `1�a�t� , 2002•
Iy1 1 T,-E. BROCK, Clerk
slgeatw'e Mly.
Approved as to Form and
Legal Sufficiency:
Marjo ' M. Stu ent
Assistant County Attorney
Cu- 2001 -AR -1 o201Rano
BOARD OF ZONING APPEALS
COLLIER CO Y, FLO
BY:
J . COLETTA, CHAIRMAN
Packet Page -1070-
12/13/2011 Item 16.A.5.
78
FINDING OF FACT n
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU- 2001 -AR -1420
The following facts are found:
1. Section 2.2.3. 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: n
Adequate ingress & egress
Yes �_ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or �_ Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Bascc on the above findings, this conditional use shod with stipulations, (copy attached)
(shouild not) be recommended for approval 1-'
T
MEMBER:
EXHIBIT "A"
Packet Page -1071-
LEGAL DESCRIPTION
12/13/2011 Item 16.A.5.
7B.
Northeast '/• of he Southeast '/4 of the Southeast '/. i the Southeastt' /.hof the Southeast %3of he
thereof reserved for road purposes and the East /: of
:. Southeas� '�• less and except the North and East a �� °� 3of feet
of Collier
purposes of Section 23, Township 47 South, Rang
County, A iorida.
0
CU- 2001 -A8 -1920
EXHIBIT "B"
Packet Page -1072-
i
r
i
i
ON
12/13/2011 Item 16.A.5.
III rl PL f ,;
lo (I
� till ll
---------------------------------------
O��
CU- 2001 -AR -1420
EXHIBIT "C"
arm DAY ADYDA/T CImm asa •-•
NppTWEAST NAPLES SEVEN ..._,l
8 nwv AnvPj7lMV saoeya
Packet Page -1073-
12/13/2011 Item 16.A.5.
76
CONDITIONS OF APPROVAL
CU- 2001 -AR -1420
This approval is conditioned upon the following stipulations:
1. The Current Planning Manager may approve minor changes in the location,
siting, or height of buildings, structures, and improvements authorized by the
conditional use. Expansion of the uses identified and approved within this
conditional use application, or major changes to the site plan submitted as part of
this application, shall require the submittal of a new conditional use application,
and shall comply with all applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan Review and Approval, of
the Collier County Land Development Code, Ordinance (91 -102).
2. Lilac Lane shall be paved from Immokalee Road to the project's driveway
entrance. All road improvements must take place prior to the issuance of the first
certificate of occupancy for this project.
3. Construction of phases II and III shall not commence until the time that
Immokalee Road is four laned to Everglades Boulevard. Phase I includes an
18,000 square foot church building (300 seats) and all outdoor recreational
amenities. Phase 11 includes an 18,000 square foot expansion to the church with
a total of 500 seats. And Phase III includes a 2,400 square foot childcare center.
4. The property owner shall dedicate at no cost to Collier County the right -of -way
needed for the widening of Immokalee Road in lieu of constructing turn lanes
within 90 (ninety) days upon written request by Collier County. The County shall
construct the turn lanes when needed. The petitioner shall have a Sheriffs
Deputy direct traffic at the intersection of Immokalee Road and Lilac Lane just
prior to and after church services.
5. Fifteen (15) percent of the existing native vegetation on -site shall be retained as
required in Section 3.9.5.5.4 of the Land Development Code.
6. The applicant shall provide a 15' wide landscape buffer, which shall be located
along the southern property line subsequent to the right -of -way dedication of
condition #4 prior to the issuance of the first certificate of occupancy.
7. The childcare facility shall be located along the western property setback line on
the subject site.
EXHIBIT "D"
Packet Page -1074-