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Backup Documents 01/12/2010 Item #17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 11A To: Clerk to the Board: Please place the following as a: XXX ~ormal Legal Advertisement Other: (Display Adv., location, etc.) ,. ***********************************************'~~~~**w....**..........._......,_........*.._..... Originating Deptl Div: CDES.lZoniD!! Person: N~ ~pndlach, Alep Date: \ 21t? 'Cf) Petition No. (ffnone, give brief description): CU-PL2009-17~,'~irst Haitian Baptist Mission Church Petitioner: (Name & Address): Mr. Fred Hood. Davidson Engineering, 1530 Kraft Road, Suite 30 I, Naples, FL 34105 Name & Address of any person(s) to be notified hy Clerk's Office: (If more space is needed, attach separate sheet) First Haitian Baptist Mission Church, 14600 Tamiami Trail East, Naples, FL 341 14 Hearing before Bce BZA Other Requested Hearing date: Januarv 12.2010 Based on advertisement appearing 15 davs before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU-PL2009-170, First Haitian Baptist Mission, Inc., represented by Frederick E. Hood, AICP, of Davidson Engineering, Inc., is requesting a Conditional Use expansion in the Agricultural (A) zoning district pursuant to Land Development Code (LDC) Subsection 2.03.01.A.1.c.7. The proposed Conditional Use will permit expansion of a church by adding 1,550 square feet to an existing church building and by adding a new 19,281 square foot general purpose building. The 4.59 acre site is located at 14600 Tamiami Trail East in Section t 2, Township 51 South, Range 26 East, Collier County, Florida. Companion petition(s), ifany & proposed hearing date~ Does Petition Fee include advertising cost? Yes No TrYes, what accounr--mould be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: ~H1-rn./?~ DIVision Administrator or Designee Id-~-qo; Date List Attachments: DISTRIBUTION INSTRl:CTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain lJivision Head approval before submitting to County Manager. Note: If legal document is involved. be sure that any necessary legal review, or request for same, is submitted to County Attorney befOl'e submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office A. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. ****~~~**********************.**************************.*.**.****.********.**..*...*.*.**..****... FOR CLERK'S OFFICE lISE ONLY: Date Received: ~9Datc ofpublic hearing: -.1!Le.!lJ> Date Advertised: ~ 'l-[dJ:C RESOLUTION NO. 09- 1 ?A Ij A RESOLtITION OF TIIE BOARD OF ZONING APPEALS OF COLLIER COUNIY, FLORIDA, PROVIDING FOR TIIE EXPANSION OF A CONDITIONAL USE TO ALLOW TIIE ADDITION OF 1,550 SQUARE FEET TO AN EXISTING CHURCH BUILDING AND ADDING A NEW 19,281 SQUARE FOOT GENERAL PURPOSE BUILDING WITHIN TIIE AGRICULTURAL (A) ZONING DISTRICf PURSUANT TO SUBSECTION 2.03.01.A.1.C.7 OF TIIE COLLIER COUNIY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 14600 TAMIAMI TRAIL EAST IN SECfION 12, TOWNSHlP 51 SOurn:, 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. 200~], 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 ofConditiooal Uses; and WHEREAS, by Resolution No. 93-190, a copy of which is attached hereto as Exhibit "A," the Board of County Commissioners approved a Conditional Use for the establishment of the Conditional Use for the First Haitian Baptist Mission, Inc. pursuant to Section 2.2.2.3.6 of the then-<:UITent Zoning Regulations, subject to a number of conditions; and WHEREAS, the Board of Zoning Appeals (Board), 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 the expansion of the Conditional Use to allow the addition of 1,550 square feet to an existing church building and the construction of a separate 19,281 square foot general purpose building within the Agricultural (A) Zoning District pursuant to Subsection 2.03.0 I.A. I .c.7 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been PL2009-QOOO170 Rev. 10130/09 Page I ,17A met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08,00.0. 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 having considered all matten presented. NOW, TIffiREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Pctition Number PUOO9.{)000170 filed by Frederick E. Hood, AlCP, of Davidson Engineering, Inc" representing First Haitian Baptist Mission, Inc, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for the addition of 1,550 square feet to an existing church building and adding a new 19,281 square foot general purpose building within the Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c.7 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "0". Exhibits "B", "C" and "D" are attached hereto and inco'l'Orated herein by reference. BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces Resolution No. 93-190, excepting the conditions set forth therein, which are incorporated by reference into this Resolution, and that the remainder of Resolution No. 93-190 is accordingly repealed. BE IT FURTIffiR 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 ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, Chairman By: PL2009-0000170 Rev. 10/30/09 Page 2 Approved as to form and legal sufficiency: DRAFT 17 A H' Steven T. Williams Assistant County Attorney Attachments: Exhibit A: Resolution 93-190 Exhibit B: Legal Description Exhibit C: Conceptual Site Plan Exhibit D: Conditions of Approval CNJ9..CPS-00957\1 B PL2009-OO00170 Rev. 10/30/09 Page 3 17A 'f EXHIBIT A Page 1 of 6 17JLl ," MAY 11, 1993 Instltut.~ Inc., rapr..antinq First Haitian Baptist Mission. Inc.~ with respect to the property here.inafter de.scribed as: Exhibit ~B" which is attached h~reto and incorporated by reterence hRrath De and the .... i. heraQy approved fer CondItional Use "6- of the -A- zontnq district for a chu~eb and accessory Uses to . church in aecordaD=- with the ConceptulIl Ma.ster Plan (Exhibit .c") and ~bj.ct to the Lollowln; canditionS1 A. Th. currant Planing Managar. .ay approve .inor chang.s in the location. siting. or height ot buildings, St:ructurll.B, and ~rov...nta authorized by the conditional use. Expansion of the uses identitied and appro.....ed within this con41tional use application, or .ajar Change. to the sit. plan s~baitt.d a.s part at this application, ehall require the .ubai~tal of . new conditional use applicatio~, and shall comply vith all applicable county ordinances in effect at the time ot subaittal, including DiVision J.3, Site Development Plan Review and approval, ot the Collier County Land Develop.ant COde, ordinanc& (91-~02). 8. Thi~ projoct shall be SUbject to sits Development Plan (SOP) apprOVal in accordanc. with Division J.~ Dr the COllier County Land Dev.lopment Code. c. This project shall be required to meet all County ordinances in effect at the tl~e tinal construction document. are submitted for development approval. D. This project .shall pe desi!1flad. in aecorda;nce ...i th SOllth Florida Water Kanage~ent District rules tor vater QUl:l.lity. E. The us. or qrassed surfaces, with a stabilized subqrade, shall be 11.Ltc~ to the parking spaces. All parkinq ~i~l.. ahall be p~ved. The stormwater ca1culatio~ .hall consider all of the parking arees as iEpervious surCaces. F. Connection to th* existing water facilities within the u.s. 41.riqht-oC_....y is 4cquired and shall be completely illustrated on the tinal site plan$. Supporting engineeri"'!. construction drawings. Showing location, contigurat on, and Bi~e, shall be provided at tha tr.e or SOP review. G. Prior to Final SDP apprOval, a lAtter froa.Rookery aay Uti~itiea shall be submitted stating that the D~strlc~ has reviaved and approved sawer facilities construction dOcu.ents for service to th. project. H. The developer shall provide a letter verifying compliance with Collier County Ordinance No. 80-112 reqarding the availability and adequacy ot sewer servicQ for the project at the time or bUlldinq permit subnission~ t. The lo~ation and size or all water mete~~ shall be shown. J. Prior to Final sop approval, a l.ttcr or ~ater availability from the COllier county Utilities Division ahall ba providi!ld. . K. The developer shall be subj~ct to all applicable environmental s~ctions or the Collier County Land -,- Page 122-B EXHIBIT A Page 2 of 6 lIAr 11. 1993 Developaant Coda in effect at the ti.. of final developaant order. L. li1 vcrk on the access driveway shall be subject to . 'Florida DepartJDent of 'l'ransport.ation (FDOT) permit. K. Latt and tight torn land off of U.S. 41 shall be provlc1e4 at tha proj.ct acee.. .a part Dr: tba roadway pe~itt:inv, unl... 4.n1N by the State of !'ll>rida Deparblent. of Transportation. If. Artarial level street light1.nq -.hall ba provided at the entrance drive. o. A firo protection vater .upply (fira hydrant) shall be provided a.nd located vithin 500 fl!.et of tbe structure ....ur~ as tire apparatus would lay Qut the hoca. (Re~.rene.' NFPA 1:~-'.S and Collier county Ordinance Ntmber 92-72) . az: 1'1' FURTHER RESOLVED that this Resolution be recorded in t:he aiwtas of this Board.. co_i.sioner Matthev. offared t~. foregoln9 aesolution end .oved for its adoptlonl eeconded by co..issioner Norri.s and upon roll call, ~a vo~e wa.: AYES: Cowmisslon~r Matthews, Commi..ioner Norris, CommL8siancr Volpe. Commia_ioner Constantine and Commissioner Saunders NAYS: ABSENT AND NOT V07'ING: AlISTENT'IOB: Don_ this 11 t:h dAy ot HaT . 1'93.. '. BOARD OF ZOJlINC: APPEALS :::iJ7;;2;OA T L. SAUKDEKS. CHAIRMAN > '.10: j,"J):I_?,r'J;.. :". '~lj\msT: ".~:>.~~ '.p,,!r~ E. ~ ct.ERx :;"': .,."'. . .:- <;:; ~ '. -:. . ~- ';nl';; . .~ , ~H_'Jh,'iJbIJ,~k. BAR.J E H. STUOEN'! A;SSIBTMT COUNTY ATl'ORNE'i CU-9~-17 RESOLUTION nb/'154 -3- Page 122-C EXHIBIT A Page 3 of 6 17A EXHIBIT A Page 4 of 6 1rt <'t EXHIBIT A Page 5 of 6 -1_.\. :. .J..;l_....~._1~_....... '._'__",--,:-::, :;f~\: ~ . "' i! !;";: .= ~D ., . .;. I 5 ~. ~!! il ~~ . ~f ~ , . . ~ ." Q . " . ,I ,f .1-_---I.__nJ___ .__~_\_. HAY 11. 1993 n.Jv1' " fff1tJ . [I ! *-- 1;- I '1 : . I I r _ "-~t:_ ~\al"id' ///~ g: ../ "--__ en " ~ ~'n ~ o.g o ~;:J .-;) 0.... <> ,~ :<-,,/~ ~~ '., '. .'-'>' '. ... . .,:' ~ iI l , :,: \'.. r\ :: I::"; ~ :. i.... f., .' :'i:" :. .,.. o " -'. ,,-.g; .~. :- '0' ., J j, ,..)) o Z i;.'~' ;:J '.C CO " 0,,"0 .:J ; ~ '0, {.i ~:." .... .:---- '-f...- . , . :;;; :~.::~:~::::;:: " ...0 "0 '.' .'/. . . :q/'" : 5 " il ' .' I l '-' ,. . , ',.:.- ~ "~. ,-, ',' '.!i: ',: in .... " ..' 't ....~ :~'. :~ .~. ~, * "",0:'. " "S / t}. ~'. . ~.... . ..~~ '1-' '.' fl ., ~ ,135".-- __,_ EX8IB'ir. ~~., : Page 122-F . EXHIBIT A Page 6 of 6 LEGAL DESCRIYflON FOR CU-PL2009-170 PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 1833, PAGE 29B OF THE PUBLIC RECORDS OF COLLIER COUN1Y, FLORIDA, BEING MORE PARTlCULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUN1Y, FLORIDA WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 90 (US. 41, TAMIAMI TRAIL); THENCE ALONG SAID RIGHT OF WAY LINE N 54' 21' 00" W 1000.00 FEET FOR A PLACE OF BEGINNING; THENCE S 35' 39' 00" W 400.00 FEET; THENCE N 54' . 21' 00" W 500.00 FEET; THENCE N 35' 39' 00" E 400.00 FEET TO SAID RIGHT OF WAY LINE: THENCE ALONG SAID RIGHT S 54' 21' 00" E 500.00 FEET TO THE PLACE OF BEGINNING. CONTAINING 4.59 ACRES (+/~) EXHIBIT B 17A ~ " ~~ o!<!2iil ;(!!!8il ::3~~w !;(<a~ I;j%a::ir: w~~u.. wo;" ~~~ ""0 5~S 0~~ ~Q" ~::;;::l N~~ ~ ~;i ~ u ::> ~ en ;z; o u ~ o '" Eo< ;z; , ~ < ?; u ~ z~ ~ -~ ~ ,,~ '" !~ 1li~1 III~ . Z~" c;..-~ z::i W~lI.'" 5.,,' ZV)llO: 09"H rn~!~ ;U; ...ooz~ a:%:o W~ A~ ~~ !~ ~ ~ 7A IIII fl~. hili . .. ~ [ I.' 'j P i I I i; I., 1 I i In! . E ~ .. . . . , I ii ,i I' i i I .1..11 m j L . Li n.. I II ! H'IIU I h! iI Ii II U l! III 1I II II 5 II if lI' '( C !!!!!!... l!i::::l:; lli 0;;:1 . ~ ;1 I Ii I.'~! 9 Ii U In ~ h I ii!!!!dH I I: i ! ! I' 'lln Ll .... e ~ e e ~ i ! i ! ~ 5 I ~ . 5 . ~ z If . ~ . -,!oj:: IE ~ "," h;.i 'c Ii" ~ U I- iD :f >< w ~ z Q "' !Il ~l, i li:~~ a ~I~ g!i ,,! '" >- "' '" u: CONDITIONS FOR APPROVAL FOR CU-PL2009-170 17A 1. The Conditional Use is limited to what is shown on the site plan, identified as "First Haitian Baptist Mission Church Master Concept Plan," prepared by Davidson Engineering, dated August 26, 2009. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. The uses shall be limited to Church services, Sunday School, Bible Study, and receptions. Day care uses are prohibited. The Church services shall be limited to Sunday, Wednesday evenings, religious holidays and a maximum of 20 special events per year. Bible study meetings shall be excluded from this limitation. 3. The hours of operation on the subject property are: 9:00 am. to 9:30 p.m. Sunday through Thursday and 9:00 a.m. to 10:00 p.m. Friday and Saturday. 4. Outside music shall be subject to an amplified noise permit. 5. The number of seats in the Church shall be limited to 345 seats. 6. The use of the multipurpose building shall be limited to members of the congregation and their guests. 7. The dumpsters shall be located along the southeast property line, and not immediately adjacent to homes. S. A minimum of 30% of the parking area shall be grass parking. 9. The general purpose building shall be limited to one-story and shall not to exceed a zoned height of35 feet. 10. The petitioner shall acquire a cross access agreement or public access easement to provide a pedestrian intercolU1ection as shown on the Master Concept Plan that cOlU1ects the Church property to the residential neighborhood to the south prior to Site Development Plan approval. This interconnection shall be shown on the Site Development Plan and shall be constructed prior to the certificate of occupancy for the General Purpose Building. 11. A wall that is a minimum of 6 feet high shall be provided between the Church and the residential land uses shall be consistent with the requirements of Section of 5.03.02 E. of the LDC. The church may apply for an administrative fence waiver pursuant to Section 5.03.02 F. of the LDC for that portion of the southeast property line adjacent to the water management lake from US 41 to where the building(s) are located. EXHIBIT D Teresa L. Polaski 17 A From: Sent: To: Subject: Attachments: RamirezHeather [HeatherRamirez@colliergov.net] Wednesday, December 09,20098:13 AM Minutes and Records CU-PL2009-170, First Haitian Baptist Mission Church (NG) CU-PL2009-170 Legal Ad.pdt; CU-PL2009-170 Resolution.pdt Here is legal ad 1 of 4. Heather L. Ramirez Planning Technician Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 (239)252-2930 i' t\. cJli~l' COuHf,y "M"_''''''''''-~'''''''<'''-'''\~~'''''''''''''';'~' 1 17A Acct #068779 December 9,2009 Attn: Legals Naples Daily News 1100 lmmokalee Road Naples, Florida 34110 Re: CU-PL2009-170, First Haitian Baptist Mission Church Dear Legals: Please advertise the above referenced notice on Sunday, December 27, 2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 17A ~ ~~ " NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, January 12, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF A CONDITIONAL USE TO ALLOW THE ADDITION OF 1,550 SQUARE FEET TO AN EXISTING CHURCH BUILDING AND ADDING A NEW 19,281 SQUARE FOOT GENERAL PURPOSE BUILDING WITHIN THE AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.1.c.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 14600 TAMIAMI TRAIL EAST IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU-PL2009-170, First Haitian Baptist Mission Inc., represented by Fredrick E. Hood, AICP, of Davidson Engineering, Inc., is requesting a Conditional Use expansion in the Agricultural (A) zoning district pursuant to Land Development Code (LDC) Subsection 2.03.01.A.l.c.7. The proposed Conditional Use will permit expansion of a church by adding 1,550 square feet to an existing church building and by adding a new 19,281 square foot general purpose building. The 2.59 acre site is located at 14600 Tamiami Trail East in Section 12, Township 51 South, Range 26 East, Collier County, Florida. A copy of the proposed Resolution is on Board and is available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board 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 Board will become a permanent part of the record. 17A Any person who decides to appeal a decision of the Board 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 based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts eowpty6f Co Bier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI T~AIL EAST P.O. BOX 413044 NAPLES. FLORIDA 34101-3044 17A Clerk of Courts Accountant Auditor Custodian of County Funds December 9,2009 Mr. Fred Hood Davidson Engineering 3530 Kraft Road, Ste. 301 Naples, FL 34105 Re: Petition: CU-PL2009-170, First Haitian Baptist Mission Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12,2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ vcM\Gck Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colliercIerk.com Fax (239) 252-2755 Email: colliercIerk@.colliercIerk.com Dwight E. Brock Clerk of Courts COHptyofCollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 4 n044 NAPLES, FLORIDA 3,410 J -3044 17A ''f Clerk of Courts Accountant Auditor Custodian of County Funds December 9,2009 First Haitian Baptist Mission Church 14600 Tamiami Trail East Naples, FL 34114 Re: Petition: CU-PL2009-170, First Haitian Baptist Mission Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12,2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 2009, You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~'- V. eresa Polaski, , Deputy Clerk I' ~ < Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: colIierclerk@collierclerk.com 17A Teresa L. Polaski To: Subject: legals@naplesnews.com CU-PL2009-170, First Haitian Baptist Mission Church Legals, Please advertise the following on Sunday, December 27,2009. Thanks ~ ~ CU-PL2009-170.d CU-PL2009-170.d oc oc Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@colliercl erk. com) 1 17A Teresa L. Polaski From: Sent: To: Subject: Attachments: postmaster@collierclerk.com Wednesday, December 09, 20094:45 PM Teresa L. Polaski Delivery Status Notification (Relay) ATT513903.txt; CU-PL2009-170, First Haitian Baptist Mission Church This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naDlesnews.com 1 Teresa L. Polaski 17A From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Thursday, December 10, 2009 10:05 AM Teresa L. Polaski RE: CU-PL2009-170, First Haitian Baptist Mission Church ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk,com] Posted At: Wednesday, December 09, 2009 4:45 PM Posted To: Legals - NDN Conversation: CU-PL2009-170, First Haitian Baptist Mission Church Subject: CU-PL2009-170, First Haitian Baptist Mission Church Legals, Please advertise the following on Sunday, December 27, 2009. Thanks <<CU-PL2009-170.doc>> <<CU-PL2009-170.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax IT eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses arc public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Teresa L. Polaski 17A From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.com] Thursday, December 10, 200912:10 PM Teresa L. Polaski Ad Confirmation UAS6EC.jpg ATTACHED please review your notice & confirm approval via email. Thank you for PUB. Date Publication Ad Number Total Ad Cost Emely Pagan 213-6861 placing your ad. 12/27 /89 NDN 1838783 $287.18 1 NOTICE OF PUBLIC HEARING Notke Is hereby given that the Board of County Cammls5faners, as the Board of 17 A Zoning Appeals, of Collier County will hold a publl( hearing on TIJesday, January 12,2010, In the Boardroom, 3rd Floor, Administration Building, Collier COI.Jnty Gov- €'mment Center, 3301 East Tamiaml Trail, Naples, Florida. TnI:.' meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORI. DA PROVIDING FOR THE EXPANSION OF A CONDITIONAL LJSE TO ALLOW THE AD- DITION OF 1.550 SQUARE FEET TO AN EXISTING CHURCH BUILDING AND ADDING A NEW 19.281 SQUARE FOOT GENERAL PURPOSE BUilDING WITHIN TJ-IE AGRICUL. TURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 1.03.01A1,c.7 OF THE COLLlm COUNTY lAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 14S00 T AMIAMI TRAIL EAST IN SECTION 12.. TOWNSHIP 51 SOUTH. RANGE 26 EAST. COL- LIER COUNTY, FLORIDA. The 80ard will conSider Petition: CU.PU009-170, First Haitian BaptiST Mission In.., re-.presented by Fredrick L Hood. AICP. of Davidson Engineenng. Inc., is requesting ,1 Conditional Use expansion in the Agricultural (A) zoning distrkt pursuant to Land Development Code (LDC) Subsection 2.03.01.A1.c 7 The proposed Condition- al Use 1/\/111 permitexpans'lon of a church by adding 1,550 square feet to an existing church building and by adding a new 19.281 square foot general purpose building The 2.59 acre site IS located at 14600 Tamlami Trail East In Section 12. Township 51 South. l~ange 26 East. Collier County, Florida, A copy of the proposed Resolution is on fi It? With the Clerk to the Board and IS available for inspection. Alllnt!!re>ted parties are Invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda Item must register with the County Adn1ll1iSTrator pnor to presentation of the agenda Item to be addressed. Individual speakers Will be limited to 5 minutes on any item The selection of an in. divldi.Jal tD ;;peak on beh"lf of an organization or group is encouraged, If recog- nize,j by the (him, a spokesperson for a group or organization may be alll:med 10 minutes to speak an .311 item. Persons wishing to halle written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing In any case, written materials Intended to be considered by the Board shall be submitted to the approprlat.e COIJrlty staff a minimum of seven days prior to the public lieadng. All material used in presentation;; before the Board will become a permanem: part of the record. Any person who decides to appeal a decision of the Hoard will need a record of the proceedings pertaining thereto and therefore, may need to ansure that a verbatim record of tha proceedings is made, which rewrd includes the testimony and evi. dence upon which the ap~al is based If you are a per;on .with a disability who needs any acmmmodation in order to par. ticipate in this proceeding. you are entitled, at no emt to you, 10 the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Ta miami Trail East. Buildin!1 W, Naples, Florida 34112, (239)252-8380 Assisted listening devices for the hearing impaired are available in the County CommissiQm=rs' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONI~>4G APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA. CHAIRMAN DWIGHT E BROCK, CLERK By: Teresa Polaski. Deputy Clerk (SEAL) December 27, 2009 No1830703 ::O-lj :-n I ,____ COLL!~R CC!~!~.!:- "[, FLU;~llJl~ 17A 0"10 J" -: P1 8' 58 ,'.:.'i:.J ...1:'\ v NAPLES DAILY NEWS Published Daily Naples, FL 34102 CLEt'<f'. ,.: :.,:dJRTS Affidavit of Publicatiali--- State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on December 27,2009 1 time in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in CoHier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida. for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, finn or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for P~i~~ ( Signature of affiant) Sworn to and subscribed before me This 30th day of December, 2009 ""'"'''' ~..~';,;~t'-\H Plj<':,~~ KAROL E KANGAS ...~ . f' ('... f. : : . ~ Notary Public. Stale 01 Florida ~<!;,.. f'_~~~:: My Comm, Expires Ju129, 2013 -,{: q ,I't}' Commission # 00 912237 "'"'''' " (' _,__LJ.'", 1len1c~~ster r7=.. ~ ot":~tlon , ,8DCIk8sPiisonfor a 10 t6 ii*ikon an Item. or araII/I!1 ...... ""'_ In the o ,~SaJij'""'.' , 1aI;.' , " . "Of. 3 ks 'hi!ilIl"" '" _ . In- 1IoIrifshlii1. '. .pr!- n!=trlOaillwll ". .E~~ NnlA1n701 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 A 'f.. 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 Oftice. 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 Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line thrau h routin lines #1 thfOU #4, com lete the checklist, and forward to Sue Filson line#5 . Route to Addressee(s) Office Initials Date List in routin order 1. Judy Puig Community Development and Environmental Services 2. 3. 4. 5. ~'1" ",noOf!, Executive Manager I ~ rJ rTCkl e.u.. 6. Minutes and Records Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed ill the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman. s signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Nancy Gundlach Phone Number 239-252-2484 Contact Agenda Date Item was January 12,2010 Agenda Item Number 17 A Approved by the BCC Type of Document Resolution ()O \O-Oi Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. 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 hy the Office ofthe 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 ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorne Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofth document or the final ne otiated contract date whichever is a lieable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC otTice within 24 hours ofBCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware our deadlines! The document was approved by the BCC on . (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the ehan es, if a licable. Yes (Initial 2. 3. 4. 5. 6. I: Forms! County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: January 14,2010 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 20] 0-04: PL2009-] 70: First Haitian Baptist Mission Church Enclosed please find one copy of the document referenced above, Agenda Item #] 7 A, adopted by the Board of County Commissioners on Tuesday, January ]2, 20]0. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure 17 A 17A RESOLUTION NO. 10- 04 A RESOLUTION OF THE BOARD OF ZON[NG APPEALS OF COLLIER COUNTY, FLORIDA, PROVID[NG FOR THE EXPANS[ON OF A CONDITIONAL USE TO ALLOW THE ADDITION OF 1,550 SQUARE FEET TO AN EXISTING CHURCH BUILDING AND ADD[NG A NEW [9,281 SQUARE FOOT GENERAL PURPOSE BUILD[NG WITHIN THE AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.1.C.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 14600 TAMIAMI TRA[L EAST [N SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legis[ature of the State of F[orida in Chapter 67-1246, Laws of F[orida, and Chapter 125, F[orida 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, by Resolution No. 93- [90, a copy of which is attached hereto as Exhibit "A," the Board of County Commissioners approved a Conditional Use for the establishment of the Conditional Use for the First Haitian Baptist Mission, Inc. pursuant to Section 2.2.2.3.6 of the then-current Zoning Regulations, subject to a number of conditions; and WHEREAS, the Board of Zoning Appeals (Board), 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 the expansion of the Conditional Use to allow the addition of 1,550 square feet to an existing church building and the construction ofa separate 19,281 square foot general purpose building within the Agricultural (A) Zoning District pursuant to Subsection 2.03.0 I .A. I .c. 7 ofthe Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been PL2009-0000170 Rev. 12117109 101'3 17 A met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1O.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 having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number PL2009-0000 170 filed by Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing First Haitian Baptist Mission, Inc, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for the addition of 1,550 square feet to an existing church building and adding a new 19,281 square foot general purpose building within the Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c.7 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "D". Exhibits "A", "B", "c" and "D" are attached hereto and incorporated herein by reference. BE IT FU R THER RESOLVED that this Resolution hereby supersedes and replaces Resolution No. 93-190, excepting the conditions set forth therein, which are incorporated by reference into this Resolution, and that the remainder of Resolution No. 93-190 is accordingly repealed. 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 12 day of jQV\\J.0Jr\-,2010. ATTEST; DWIGHT E..BRmel\;., CLERK ~,~~c.c At~st I' .~ ~~I'ik ~10~~ur' oi'" ." . ;'fl",', BOARD OF ZONING APPEALS COLLIEI}.COUNTY, FLORIDA , J. 1/ B r'.J.'.t-".._........."....... Y:f" ~,,'_.. 'a' DONNA FIALA, Chairman PL2009-0000 170 Rev. 12117/09 20f3 17 A Approved as to form and legal sufficiency: ~r--7.W.U . Steven T. Williams Assistant County Attorney Attachments: Exhibit A: Resolution 93-190 Exhibit B: Legal Description Exhibit C: Conceptual Site Plan Exhibit D: Conditions of Approval CP\09-CPS-00957\33 PL2009-0000 170 Rev. 12117/09 3 on EXHIBIT A Page 1 of 6 EXHIBIT A Page 2 of 6 MAY 11, 1993 Development Code in effect at the time of final developaent order. L. All work on the access driveway shall be subject to a Florida Department of Transportation (FOOT) permit. K. Lett and r!9ht turn lanes off of U.S. 41 shall be provided at the project access as part of the roadway permitting. unless denied by the State of Florida Department of Transportation. N. Arterial level street lighting shall be provided at the entrance drive. o. A fire protection water supply (fire hydrant) shall be provided and located within 500 feet of the structure measured as fire apparatus would layout the hose. (Reterence: NFPA 1:)-5.5 and Collier County Ordinance Number '2-72). BE IT FURTHER RESOLVED that this Resolution be recorded in the _inutes of this Board. C01Ulissioner Matthews offered t~e foregoing Resolution and moved tor its adoption, seconded by Commissioner Norris and upon roll call, the vote was: AYES: Commissioner Conmissioner NAYS: Matthews, Commissioner Norris, Commissioner Volpe, Constantine and Commissioner Saunders ABSENT AND NOT VOTING: ABSTENTION: Done this 11th day ot Mav , 1993. > .~. .\J);17iJ,:. :'-:ATTEST' .......,t'Q> I.~G~.E. 'B~6c~ CLERK f..:; .c.. . .:- ;.0'. '- .. BOARD OF ZONING APPEALS ::~1;t~DA T L. SAUNDERS. CHAIRMAN (.- . '.i', _ ..~ '/)i~J L'In. :Dh J b.,k HARJOR E K. STUDENT ASSISTANT COUNTY ATrORNEY CU-92-17 RESOLUTION nb/9154 -3- Page 122-C EXHIBIT A Page 3 of 6 ';, EXHIBIT A Page 4 of 6 't EXHIBIT A Page5of6 -'...\1 ~'.J",,___..&-./.._L.~""'" '.._~~. :~~~.: ~ 1'_ ~;r ~- d .=- !!.o ., , .. I ! .~ l~ i. ~& . io J " . . . '" .. .. o , "J _~_._~._._._J_ __ __..._.\._. l'AY 11, 1993 Ill...j ;;:. u ~~.. ~ III ; I' I I ,'. *-1 ! ~ I i ".WW(OOO.oG ll~\ond ///~ ~ ./ c...-. o' - ' [0 -.0 no ~::l 0_ ':::;. -- /!!.g c..' --"",." ;0 '" . . ~~ . "- ~ ~ <> , . ,. .' ~ 'r J} '- ,. f .~ -: I :. '. l' rf ~ .s>>_.~_ .:' EXHIB'1T .C". ,. Page 122-F EXHIBIT A Page 6 of 6 ; ,:' r- o .. ..g: , - o' , I . 1 ..:0 . z c; .2.- , c "'gR-.e.,':" . )> .~. .;;. ((\I 0.' p :,.,.,' ., , 1: o .'0 ./. ./"".. . . . . . .. !. i. J 8 'Il , " ~ ..t;: ':., Y.J :!: .' ~ ' --. >- ... .. .;, . : ~ .,". tV "", .: ;"~~' ,:.~t) .'~. ~P: "?, . :..~:'~ / - W~~ {& :.~; .,~ . .t;~ -~ ~,-~ ...~ " .' 17A LEGAL DESCRIPTION FOR CU-PL2009-170 17 A . PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 1833, PAGE 298 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 90 (US. 41, TAMIAMI TRAIL); THENCE ALONG SAID RIGHT OF WAY LINE N 54" 21' 00" W 1000.00 FEET FOR A PLACE OF BEGINNING; THENCE S 35" 39' 00" W 400.00 FEET; THENCE N 54" 21' 00" W 500.00 FEET; THENCE N 35" 39' 00" E 400.00 FEET TO SAID RIGHT OF WAY LINE: THENCE ALONG SAID RIGHT S 54" 21' 00" E 500.00 FEET TO THE PLACE OF BEGINNING CONTAINING 4.59 ACRES (+ / -) EXHIBIT B , II :' I I i I I ~ ~~~ , . ! ~~ * , ! ! ..! I -I ! ,Iiil ~ i~~ . < " < ! <J <J ~ e e ~ ~ ! l ~ !: ~, ~ o ~ N" ill . ~ ~ ~ ! . < " . "' ! ~ ~~ ~ ~ii ~ '!!! ~ dill ! , s I ~ :: .. ~ ~ a :: !!!i II I ...9.... ill i!; .;\ ~ Ill!,! l j~~~~~ 11' , > Ii ill ! dl! , ii " i i ~n I <J ~ ~ 11 . i , u " 0 , i ! ., < " U " . , 'l . ~ ! w i i t;; ~~ s ... ~~ " -, l iii . 0 ! .. " ." , , .. ~;, 0 !l " ~ ~ . " z i. , z , I z , '! 5 ! ~ ~ ; ,. 9 , 5 , "' " ~ !; ! " j " ~ ~~ '!!' 5; ~ ~ ~i 5 0 , il " ~ ~ !' . . . .. ~~ , , / / ~ ~; <J . , , ~ , , , [J ~ " ~ ~~ ;:::!!? Q'z!{,!~ ~~8~ W~z~ <~~;!; ~;j~ff ~ffim ~~::> ~<Q ~;:z ULi.i:5 0~w ~ogs ZZ~ 2:5~ H'l~'""". "~_",''''''''M_.,.''''''''''."'''''''''''''O'''",''OO''' 17A ~~ ~...... ~ z o ~ f- U ., ~ ~ I rJJ a '~" Z' >10'" o ~ 5 ~ i u ~ ~ :; ~ ); t: :d~ ~ t; w 9(lii!: o ~~:;!2~ ~ ~ 0 ~ ~ ~~~~ ~ ~ Z t:: 0( "i ~ :lltt " "' " '" f2 ~ '" < lo, q z ~ cj ~ ZIO :J -~ '" .:>\ ~ 1:1< ~ z~ ~~i III~~ Z<- _ZJ!l I:I_N Z~)( w~it= z~U OC!:>\ "' rn~ ~~ Qt:~5i -~,,~ U >:ll:WCl; C:;t~!i t- QIn%O ffi WM 0.5: J: Ill: >< r"J~! w ~r ~~ ~u , .. ,z . ~ 1ii '" ;;;. Iii; ~ t~ <= lD~ Z~ <" E~ <- :z: Iii 0: u: CONDITIONS FOR APPROVAL FOR CU-PL2009-170 17A 1. The Conditional Use is limited to what is shown on the site plan, identified as "First Haitian Baptist Mission Church Master Concept Plan," prepared by Davidson Engineering, dated August 26, 2009. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this Conditional Use, so long as these minor changes remain consistent with all applicable development standards. 2. The uses shall be limited to Church services, Sunday School, Bible Study, and receptions. Day care uses are prohibited. The Church services shall be limited to Sunday, Wednesday evenings, religious holidays and a maximum of 20 special events per year. Bible study meetings shall be excluded from this limitation. 3. The hours of operation on the subject property are: 9:00 a.m. to 9:30 p.m. Sunday through Thursday and 9:00 a.m. to 10:00 p.m. Friday and Saturday. 4. Outside music shall be subject to an amplified noise permit. 5. The number of seats in the Church shall be limited to 345 seats. 6. The use of the general purpose building shall be limited to members of the congregation and their guests. 7. The dumpsters shall be located along the southeast property line, and not immediately adjacent to homes. 8. A minimum of 30% of the parking area shall be grass parking. 9. The general purpose building shall be limited to one-story and shall not exceed a zoned height of35 feet. 10. The petitioner shall acquire a cross access agreement or public access easement to provide a pedestrian interconnection as shown on the Master Concept Plan that connects the Church property to the residential neighborhood to the south prior to Site Development Plan approval. This interconnection shall be shown on the Site Development Plan and shall be constructed prior to the certificate of occupancy for the General Purpose Building. 11. A wall that is a minimum of 6 feet high shall be provided between the Church and the residential land uses and shall be consistent with the requirements of Section 5.03.02 E. of the LDC. The church may apply for an administrative fence waiver pursuant to Section 5.03.02 F. of the LDC for that portion of the southeast property line adjacent to the water management lake from US 41 to where the building(s) are located. EXHIBIT 0