Resolution 2002-161
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RESOLUTION NO. 02- 161
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CHURCH AND CHILD CARE CENTER CONDITIONAL
USES 7 AND II RESPECTIVELY IN THE "A-MHO" RURAL
AGRlCUL TURAL 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 "II" 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 "11" pursua~t to'Secr\.on
2.2.2.3 of the "A-MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a
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78
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 ~,,;t;L dayof '-11~
,2002.
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:;' ;". :,'ATT~T:~
';.:h~:f~XVjlR1!~E. BROCK, Clerk
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Approved as to Form and
Legal Sufficiency:
BY:
JAM
1haii1~'( In. fJt'n"~~
Marjo M. Student
Assistant County Attorney
CU-2001-AR-1420IRBllo
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FINDING OF FACT
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 1/ 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
YesL- No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
}/
_ No affect or -1- Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No
"r----
Base,,: on the above findings, this conditional usesho~~with stipulations. (copy attached)
(shouiJ 110t) be recommended for approval"-:-"<
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DA -_. 11/ 20 J {)I
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MEMBER: l~",I":;7!"-"f~(/' / Lz... iti.tt~ -<----.
EXHIBIT "1\"
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LEGAL DESCRIPTION
NortheaEt I/~ of the Southeast Y.. of the Southeast y.. less and' except the East and South 30 feet
thereof reserved for road purposes and the East Yz of the Southeast 'I.. of the Southea.it v.. of the
Southeast If. 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, Fiorida.
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CU-2001-AR-1420
EXHIBIT "B"
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CU-2001-AR-1420
EXHIBIT "e"
.-villi DAY ADYIJIIWT QIJACH
NOATtEA8T NAPLES SEVEN
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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 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 Sheriff's
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 "0"