Backup Documents 12/13-14/2011 Item #16A 5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Compkte routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. if the document is already complete with the
f the Chairnman' store draw a line thmijah miging lines #I thrmigh #4 complete the checklist, and forward to Sue Filson (line #5).
ex ono s sr
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
Initial
Pt 11,3111
2.
December 13, 2011
Agenda Item Number
16.A.5
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Resolution t�
Number of Original
1
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Documents Attached
6. Minutes and Records
Clerk of Court's Office
�, w
k2j H 11
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addresses above, including Sue Filson, need to contact staff for additional or missing
information. All original docwnents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Ray Bellows
Phone Number
252 -2463
Contact
appropriate.
Initial
Applicable)
Agenda Date Item was
December 13, 2011
Agenda Item Number
16.A.5
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Resolution t�
Number of Original
1
Attached
l
Documents Attached
iNCTR1jrT10NC & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
Initial
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
,1 rt
I IT
Office and all other 'es except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.__
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 12/13/2011 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the char es if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A 5
RESOLUTION 11 -213
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. 200441, 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
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:
I of 2
16A 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:
(1) The Church filed its application for an SDP on May 22, 2006 which was approved
on December S, 2007. Since the date of the application, this SDP has remained in pendinglactive
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 j ?;� day of
D e .M6 p, K ,2011.
ATTE"r'
IJ E IT°1✓.*Bk CLERK
' \ e ' n _ L /--IQN x' mil
z : , U1.),I
Approved as to form and
leg sufficiency:
n
eidi Ashton -Cicko
Assistant County Attorney
Attachment: Exhibit "A "- Resolution 02 -161
11- BCC - 0074317
2 of 2
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Chairm
16A 5
RESOLUTION NO. 02— 161
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CHURCH AND CHILD CARE CENTER CONDITIONAL
USES 7 AND I l RESPECTIVELY IN THE "A -MHO" RURAL
AGRICUL'T'URAL ZONING DISTRICT PURSUANT TO
SECTION 22.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE ON PROPERTY LOCATED IN
SECTION 23 TOWNSHW 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 tine public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing
reguiations for the zoning of particular geographic divisions of the County, among which is the
granting of Conditional Uses; and
WHEREAS, the Collier County Phoning 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 "I V respectively of Section 22.2.3. 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, an interested parties have been given opportunity to be hand by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, TjppREFORE, BE IT RESOLVED, BY the Board of Zoning Appeals of
Collier County, Florida that:
The petition filed by Hoover Planting and Developmet. 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 "11" pursuant to Seodon
2.2.2.3 of the "A -MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a
EXHIBIT
m
church wd childcare center in sccordamce 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 Resohuion adopted after motion, second and mgjonity vote.
Done ibis day of iit� . 20U2.
°w 0C,
��,.' ice. •. �
cc
�•w.. '�► T.i
• .E. BROOK, Clerk
.4
JIM W-MIN
-IPdWQ off,
Approved as to Form and
Legal Sufficiency:
Maq-�� on9 n'�• to eat �
Assistant County AttoMGY
C MI- AR- 142MWIO
y1
16A 5
79 ' 1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The roilowing 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 some district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes I' 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 _i Affect mitigated by y'
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes k No
Based on the above findings, this conditional woo should; with stipulations, (copy attached)
( should not) be recommended for approval
DA~ _. i7�' C' MEMBER: ice'
i
EXHIBIT "A"
7B
LEGAL DESCRIPTION
Northeast '/. of the Southeast '/4 of the Southeast V. less and' except the �t � South 30 feet
A the Pad % of the SOU
thereof rese:�+cd ibr road purpose: anthe d V's of the Southeast %4 of the
Southeast '/4 legs and czeept the North and East sm South 30 fed
Public Records of Collier
purposes of Section 23, Township 47 South, Range
County, Florida.
0
CU- 2001 -AS -1420
EXHIBIT "B"
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Bill
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EXHIBIT "C"
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A
AN
7B
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 laved to Everglades Boulevard. Phase I includes an
18,000 square foot church building (300 seats) and all outdoor recreational
amenities. Phase II 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 SherhfPs
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-eft shall be retained as
required in Section 3.9.5.5.4 of the Land Development Code.
6. The applicant shall provide a 16 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 cerdfla to of occupancy.
7. The childcare facility shall be located along the western property setback line on
the subject site.
EXHIBIT "D"