Resolution 2006-021
RESOLUTION NO. 06 - 21
-
A RESOLUTION FOR THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA
RELATING TO PETITION NUMBER CUE- 2005-AR-
8568 FOR A ONE-YEAR EXTENSION OF
CONDITIONAL USE EXTENSION FOR CU-2002-AR-
1943 FOR A CHURCH AND OTHER PLACES OF
WORSI-llP IN THE RURAL AGRICULTURAL ZONING
DISTRICT WITH MOBILE HOME OVERLAY (A-MHO)
FOR PROPERTY HEREINAFTER DESCRIBED IN
SECTION 30, TOWNSI-llP 48, RANGE 27, 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 Cour.ty pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which establishes comprehensive zoning regulations for the
zoning of particular divisions of the County, among which is the granting and extending the time
period of Conditional Uses; and
WHEREAS, on October 22, 2002, the Board of Zoning Appeals approved Resolution
Number 02-435, attached hereto and incorporated by reference herein, as Exhibit "A" which
granted a conditional use pursuant to Subsection 2.2.3.3.5 of the Land Development Code
(Ordinance No. 91-102, as amended), for a church and other places of worship, on the below
described property; and
WHEREAS, Subsection 10.08.E.3. of the current Land Development Code (Ordinance No.
04-41, as amended) provides that the Board of Zoning Appeals may grant one one-year extension
for a conditional use which has not been commenced.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
The written request of Blair A. Foley, PE, LLC. for one one-year extension of conditional
use # CU-2002-AR-1943 for Golden Gate Seventh Day Adventist Church in interest of the
following described property:
"Exhibit B"
is hereby approved pursuant to Subsection 1O.08.E.3 of the Land Development Code, and all
conditions applicable to Resolution No. 02-435, attached hereto and incorporated herein as Exhibit
"A", is hereby extended for one additional year until October 22,2006.
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.
CUE-2DDS-AR-8S68
lof2
This Resolution adopted after motion, second and majority vote.
. II: .
Done this -?J/ dayof ..1;'1,)/,(0 r'J7,~006.
ATTEST: BOARd0F ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
b ;,"
'Attnt,"
sIgnet.. "
. ,. Apptovedas to form
and legal sufficiency:
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Frank Halas , H MAN
-)JI(t'~iUL )}), ,Dhc<'u,,(
Marjori' M. Student - 'Stirling
Assistant County Attorney
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1.0-'. ... ij
C\ IE.20DS.AR.8568
201'2
RESOLUTION NO. 02-~
A RESOL~ION PROVIDING FOR TIlE ESTABLISHMENT OF
CONDITION{li. USE "7" FOR A CHURCH AND OTHER PLACES OF
WORSHIP IN THE "A-MHO" ZONING DISTRICT PURsUANT TO
SECTION 2.h.3 OF THE COLLIER COUNTy LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48
,
soum, lGE 27 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws ofFlorida,
and Chapter 125, Florida Slatutes, has conferred on CoIiier County the power to establish,
coordinate and enforce ZOninrl 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, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for tje zoning of particular geographic divisions of the County, among
which is the granting of Con~tonal Uses; and
WHEREAS, the COllTr County Planning Commission, being the duly appointed and
constituted planning board fOI 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 Use
"7" of Section 2.2.2.3 in an '~-MHO" Zone for a church and other places of worship 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 COITIIfission; and
WHEREAS, all interesled parties have been given opportunity to be heard by this Board
in a public meeting assembled bd the Board haVing considered all matters presented.
I
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS
I .
OF COLLIER COUNTY, FLOrA that:
The petition, identifiedl as CU-2002-AR_1943, filed by Terrance 1. Kepple, of Kepple
Engineering Inc. representing Golden Gate Seventh Day Adventist Church stating with respect to
the property hereinafter deSCribbd as:
. I Exhibit "B"
which is attached hereto and i incorporated by reference herein be and the sarne is hereby
approved for Conditional Use 1"7" of Section 2,2.2.3 of th~ "A-MHO" Zoning District for a
church and other places of worship in accordance with the Conceptual Master Plan (Exhibit "C")
and subject to the following cOn~itions:
Exhibit "0" which is attlhed hereto and incorporated by reference herein.
EXHIBIT "A"
Board.
,
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote.
Done this d d !:!} day of () C- TO 8, E R
,2002.
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.-,'0; :bWIGfITi!.JBROCK, Clerk
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; '~;.: );lgnatute.lllnf,:
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"':l:~~~6'Jf1I'~t~t1F~rrn and
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Patrick G, White
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: d~~
JAMM'N. COLETTA, C
Attachments: A,
B.
e.
D.
Findings of Fact
Boundary Survey and Legal Description
Conceptual Master Plan
Proposed Conditions
CU-2002.AR_] 94JIKDIlo
r
"
FlNDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943
The following facts are found:
1. Section 2.2.2.3.7. 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
_ 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)
~-' ...q be recommended for approval
DATE: q, Iq- tf'J-.
I<~h~~
CHAIRMAN:
EXHIBIT A
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RECEIVED
MAR 2 5 2002
Planning Services
Golden Gate
7th Day Adventist
Propo'sed Church
500 seats
Parking Required
3 spaces per 7
seats '
500/7 x 3=214
Parking Provided
222 spaces
Setbacks
Front 50'
Side 30'
Rear 50'
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Proposed
Church
Fellowship,
Classrooms
Office
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380e heh.a.n.n j:'.e.., TUI:
(H......) n 3<1". APP'D BT
Q...41 +OO-l'700 TLK
GOlden Gete
7th Day Adventist
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Golden Gate
7th Day Adventist
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Site Plan
SEVENTH DAY ADVENTIST CHURCH; CU-2002-AR-1943
CONDITIONS OF APPROVAL
1. The conditional use approval to allow a church and other places of worship is limited to a maximum
of 500 seats and a maximum of 15,000 square feet in two buildings that will be no larger than 70 feet by 100
feet and 80 feet by 100 feet. The use is further limited to what is depicted on the site plan identified as
"Golden Gate 7th Day Adventist" prepared by Kepple Engineering, Inc" dated 6/13/01, stamped "Received
March 25, 2002", except as further conditioned below.
2. Prior to submittal for any development approvals, the developer must re-design the site plan to show
the following buffers:
a) a minimum Type D buffer along the western boundary (Rivers Road) and the south em
boundary (Ramsey Road) except that in that area shown as "existing vegetation to remain."
In that area, the developer is only required to augment the existing vegetation as may be
necessary to meet Type 0 standards.
b) a 3D' wide landscape buffer along the east property line to conform to the following:
· All existing indigenous vegetation must be preserved.
· Re-grading of land or water management uses in this area in excess of a one-foot
re-grading is prohibited within this buffer area.
· A double row native (indigenous) hedge consisting of plantings of at least five foot
in height above the adjacent parking lot pavement surface shall be planted at 36"
on center. This hedge must be maintained at a height of no less than six-foot in
height above the adjacent parking lot pavement surface. No fence or wall is
required.
· Existing tree canopies with gaps greater than 25 linear feet shall be supplemented
with native Type B landscape buffer trees located to fill such gaps. The
augmentation must be in place prior to the issuance of a certificate of occupancy.
3. The developer must provide confirmation of access rights on Rivers Road, pave the entire length of
Rivers Road from Immokalee Rd to the southernmost property line prior to the issuance of a certificate of
Occupancy, and provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line.
4. The area shown as "Existing Vegetation to remain" must be preserved in its existing state, except
that exotics must be removed in compliance with condition #5.
5. An exotic vegetation removal, monitoring and maintenance plan that will maintain the site exotic-free
in perpetuity must be submitted to Planning Services Section Staff for review and approval as part of the
Site Development Pian submittal.
6. The conditional use will expire three years from the date of grant, if by that date the use for which
the conditional use was granted has not been commenced; and further, the conditional use will expire one
year following the discontinuance of the use for which the conditional use was granted unless the site was
improved and or structures built for the specific uses approved by a conditional use and which cannot be
converted to a use permitted by the underlying zoning designation of the site.
7. Should the parcel to the wes! develop before this parcel, this parcel's access paint must be re-
designed to align with that access pOint.
8. Parking must be provided in compliance with the LDC requirements, in effect when site development
approval is sought.
9. No variances from any LDC requirements have been granted as part of the acceptance of the
subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the
site plan must be brought into compliance prior to the issuance of any site development plan approval.
Revised 9/18/02
CU-2002-AR-1943
Exhibit 0
G:ICurrent\DeselemIConditional Usesl7\h Day Adventist Church CU.2002.AR.19431proposed conditions,doc