Backup Documents 10/13/2009 Item #17C17C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other.
(Display Adv., location, etc.)
Originating Dept/ Div: CDES. /Zoning Person: Melissa Zone Date:
Petition No. (If none, give brief description); CU- 2009 -AR- 14231, P ce theran Chruch
Petitioner: (Name & Address): Ms. Brooke Gabrielson, Wilson ' , 3200 Bailey Lane, Suite 200, Naples, FL 34105
Name & Address of any person(s) to be notified by Clerk's Office: (11 more space is needed, attach separate sheet) Mr. Fred
Grundeman, Peace Lutheran Church, 5659 Strand CT, Naples, FL 34110
Hearing before BCC BZA Other
Requested Hearing date: October 13,20Q2 Based on advertisement appearing IS days before hearing
Newspaper(s) to be used: (Complete only it important):
XXX Naples Daily News Other Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU- 2009 -AR- 14231, Peace Lutheran Church of
Naples, Inc., represented by Margaret Perry, AICP of Wilson Miller, Inc., and R. Bruce Anderson of Roetzel & Andress, LPA,
requesting three Conditional Uses for a church, child care center, and private school in the Rural Agriculture (A) zoning district
pursuant to subsection 2.03.0l.A.I.c., of the Land Development Code. The subject property is located at 9824 [mmokalee Road
(CR -846), in Section 25, Township 48 South, Range 26 East, Collier County. Florida. ;
Companion petition(s), if any & proposed bearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs
PO Number: 4500096189 for Account Number: 068779
Reviewed by: 4—p�
Division rator or Designee
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division (lead 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 before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to Requesting Division Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
####### A#######* AAAA#A# k####*## AA*# A*###**#*##*#*#*#*#***#*#***#### A### * # ## # # # # *# # # # #t# # * # # # # ### # ## #�•
FOR CLERK'S OFFICE USE ONLY:
Date Received'��Date of Public hearing: 10 �te Advertised: C 1
47C
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH, CHILD CARE CENTER, AND PRIVATE SCHOOL
WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT
TO SUBSECTION 2.03.01.A.1.c OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED AT 9824
IMMOKALEE ROAD IN SECTION 25, TOWNSHIP 48 SOUTH,
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.
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, 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 a Conditional Use of a church, child care
center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0l.A.I.c
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 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.D. of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board ifs 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:
CU -09 -AR -14231
REV. 8125/09 1 of 2
r
s•
i 17C
Petition Number CU- 2009 -AR -14231 filed by Margaret Perry, AICP of WilsonMiIler, Inc. and R.
Bruce Anderson of Roetzel & Andress, LPA, representing Peace Lutheran Church of Naples, Inc., with
respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a
Conditional Use for a church, child care center, and private school within an Agricultural (A) Zoning
District pursuant to Subsection 2.03.0l.A.I.c of the Collier County Land Development Code in
accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in
Exhibit "C ". Exhibits "A ", "B" and "C" are attached hereto and incorporated herein by reference.
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 day of
, 2009.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
�0
, Deputy Clerk DONNA FIALA, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams s o
Assistant County Attorney
Exhibits attached: A. Legal Description
B. Conceptual Site Plan
C. Conditions
09-CPS-00938/17
CU -09 -AR -14231
REV. 8/25/09 2 of 2
i
17t
LEGAL DESCRIPTION
THE WEST 352.48 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER
COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF;
FURTHER LESS AND EXCEPT THAT PORTION CONVEYED TO COLLIER
COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK
3287, PAGE 2061, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA.
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CU- 2009 -AR -14231 Peace Lutheran Church
Conditions of Approval
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment
B), included in the application. The site plan is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable federal, state, and
county laws and regulations.
2. The applicant will be required to contribute proportionate share cost for at -grade
intersection and signalization improvements at Collier Boulevard (CR -951) and
Immokalee Road (CR -846), identified in the County's work program as project number
, at such time as the applicant submits a Development Order application for a
school or child care center.
3. The project's site generated trips shall not exceed 2,336 total daily two -way trips, and
350 adjusted PM peak two -way trips for any combination of the allowed uses which was
included in the applicant's Traffic Impact Statement (TIS) approved as part of this
petition.
4. The applicant must provide for traffic control via the use of local law enforcement
agencies, upon request by Collier County Transportation Department or the Collier
County Sherriffs Department, at any location that is determined by either entity to
mitigate operational or safety deficiencies as a result of this project's peak -event traffic.
5. The actual height of structures shall not exceed fifty feet (50').
Revised 9/9/2009 Exhibit C
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ACCOUNT #068779
September 21, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU- 2009 -AR- 14231, Peace Lutheran Church
Dear Legals:
Please advertise the above referenced notice on Sunday, September 27, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500096189
17C
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, October 13, 2009, 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 ESTABLISHMENT OF A CONDITIONAL USE TO
ALLOW A CHURCH, CHILD CARE CENTER, AND PRIVATE SCHOOL WITHIN AN
AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION
2.03.Ol.A.l.c OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED AT 9824 IMMOKALEE ROAD IN SECTION 25, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
The Board will consider Petition: CU- 2009 -AR- 14231, Peace Lutheran
Church of Naples, Inc., represented by Margaret Perry, AICP of
Wilson Miller, Inc., and R. Bruce Anderson of Roetzel & Andress,
LPA, requesting three Conditional Uses for a church, child care
center, and private school in the Rural Agriculture (A) zoning
district pursuant to subsection 2.03.Ol.A.c., of the Land
Development Code. The subject property is located at 9824
Immokalee Road (CR -846), in Section 25, Township 48 South, Range
26 East, Collier County, Florida.
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.
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.
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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: Ann Jennejohn, Deputy Clerk
(SEAL)
U -01 ier
CLERK OF THE GIRMIT COURT
1URIHOUSE Clerk of Courts
,IL EAST Accountant
)44
4101 -3044 Auditor
Custodian of County Funds
Dwight E. Brock COLLIER COUNTY,C
g 3301 TAMIAMI'
Clerk of Courts P.O. BOX 4
NAPLES, FLORIDA
September 21, 2009
WilsonMiller, Inc.
Ms. Brooke Gabrielson
3 200 Bailey Lane, Suite 200
Naples, FL 34105
17c
Re: Petition: CU- 2009 -AR- 14231, Peace Lutheran Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, October 13, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News Sunday, September 27, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email: collierclerk @collierclerk.com
nt,- ,O -f "I ier
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CLERK OF THE C -RCIT COURT
Dwight E. Brock COLLIER COUNTY: OUR ,HOUSE Clerk of Courts
3301 TAMIAMI f IL EAST
Clerk of Courts P.O. BOX 41.3044
Accountant
NAPLES, FLORIDA' 4101 -3044 Auditor
Custodian of County Funds
September 21, 2009
Roetzel & Andress, LPA
R. Bruce Anderson
850 Park Shore Drive
Naples, FL 34103
Re: Petition: CU- 2009 -AR- 14231, Peace Lutheran Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, October 13, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News Sunday, September 27, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, eputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email: collierclerk @collierclerk.com
ocllier
rr Fux OF THE CIRCt,JIT COURT
Dwight E. Brock COLLIER COUNTY COUR °HOUR
P 3301 TAMIAMI tRAIL EAST
Clerk of Courts P.O. BOX 43044
NAPLES, FLORIDA 14101-3
September 21, 2009
WilsonMiller, Inc.
Margaret Perry, AICP
3200 Bailey Lane, Suite 200
Naples, FL 34105
Re: Petition: CU- 2009 -AR- 14231, Peace Lutheran Church
Dear Petitioner:
17C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, October 13, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News Sunday, September 27, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennej o , p Jerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email: collierclerk@collierclerk.com
CLERK OF THE Cj1
Dwight E. Brock COLLIER COUNTY �C
g 3301 TAMIAMI T
Clerk of Courts P.O. BOX 4
NAPLES, FLORIDA
September 21, 2009
Peace Lutheran Church
Mr. Fred Grundeman
5659 Strand Court
Naples, FL 34110
J,�llier
17C
:CHIT COURT
DUR1jJOUSE Clerk of Courts
AIL EAST Accountant
044 Auditor
4101 -3044
t Custodian of County Funds
l,.
a,
Re: Petition: CU- 2009 -AR- 14231, Peace Lutheran Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, October 13, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News Sunday, September 27, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennej ,lerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email: collierclerk @collierclerk.com
Ann P. Jennejohn C
To: 'legals @naplesnews.com'
Subject: CU- 2009 -AR -14231 Peace Lutheran Church
Good Morning,
Please advertise the attached on Sunday, September 27, 2009.
0 OA
CU- 2009 -AR -14231 CU- 2009 -AR -14231
.doc doc
Thank you,
Ann Jenne john
Clerk to the Board /VAB
Minutes and Records Department
239 - 252 -8406
Fax: 239-252-8408
ann. jennejohn@collierclerk.com
17Ci
Ann P. Jennejohn
From: postmaster @collierclerk.com
Sent: Monday, September 21, 2009 11:57 AM
To: Ann P. Jennejohn
Subject: Delivery Status Notification (Relay)
Attachments: ATT206756.txt; CU- 2009 -AR -14231 Peace Lutheran 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 @naplesnews.com
17C
Ann P. Jennejohn
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Tuesday, September 22, 2009 10:43 AM
To: Ann P. Jennejohn
Subject: RE: CU- 2009 -AR -14231 Peace Lutheran Church
ok
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @colliercierk.com]
Posted At: Monday, September 21, 2009 11:57 AM
Posted To: Legals - NDN
Conversation: CU- 2009 -AR -14231 Peace Lutheran Church
Subject: CU- 2009 -AR -14231 Peace Lutheran Church
Good Morning,
Please advertise the attached on Sunday, September 27, 2009.
Thank you, «CU- 2009- AR- 14231.doc>> «CU- 2009- AR- 1 4231.doc>>
Ann Jennejohn
Clerk to the Board /VAB
Minutes and Records Department
239 - 252 -8406
Fax: 239 - 252 -8408
ann. ienne.iohn@collierclerk.com
Under Florida Law, e -mail addresses are 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.
17C
Ann P. Jennejohn
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Thursday, September 24, 2009 8:38 AM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UAS3D4.jpg
Petition: CU- 2009 -AR- 14231, Peace Lutheran Church of Naples, Inc.,
Thank you for placing your ad.
Date 09/24/09
Publication NDN
Ad Number 1818005
Total Ad Cost $289.76
NOTICE OF PUBLIC HEARING
Notice is hereby gives, that the Board of
County Cornmiss,riners, as the Board of
Zoning Ap� cols, of Collier County w0l
hale a priblic hearing on Tuesday, Octo-
ber 13, 2009, in thy! Boardroom, 3rd Floor,
Administration Building, Collier County
Gnverrrment Center, 3341 Cast Tamiarni
Trail, Naples, Florida. The meeting will
begin at 9:00 A.M. The title of ttae
Pro-
-
resolution is as follow--'
A RESOLUTION OF THE BOARD OF ZON-
ING APPEALS OF COLLIER COUNTY,
FLORIDA., PROVIDING FOR THE ESTA3-
L151IMENT OF A CONDITIONAL_ USE TO
ALLOW A CHURCH, CHILD CARE CENTER,
AND PRIVATE SCHOOL WITHIN AN AGRI
Cui.TURAL (A) ZONING DISTRICT PURSU-
ANT TO SUBSECTION 2.03.01.A.1.c OF THE
COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED AT 9824
IMMOKALEE ROAD IN SECTION 25,
TOWNSHIP tla SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,
The Bc,ard will consider Petition. CU.
2009 -AR 14231, Peace Lutheran Church of
Naples, inc., represented by Margaret Per.
ry, AICP of Wilson Miller, Inc., and R:
Bruce Anderson of Roetzel & Andress,
LPA, requesting three Conditional Uses
fw a church, child care center, and hri,
vate school in the Rural Agriculture (A)
zoningl district pursuant to subsection
2.03.01.A,r-., vi the Land Development
Code.. The subject prop erty is located at
9824 Irnmpkalee Road (C- R-&16), in Section
25, Township 48 South, Range 26 East,
Collier County, Florida.
NOTE All Per -sans, wishing to speak on
any agenda item mast register with the
Couniv Administrator pi`iot to presenta-
tion of The agenda item to be addressed.
Individual speakers will be limited to 5
Minutes on any itenrr. The selerVors of ar,
individual to speak on behalf of an orga-
rnizatlon or group is encouraged. if rec-
ognized by the Char, a spokesperson for
a group o,' organizal'lon may be allotted
10 minutes to .speak on art item.
Persons wishing to have written or graph-
ic materials included in the Board agenda
packets must submit said material a rnin-
rmliuir of 3 weeks prior to the respective
public hearing, in any case, written nia..
teriab intended tole considered by the
Board shall be submitted to the ,appropry
ate County staff a minimum of seven day-,
prior to the public hearing. All material
used in presentations before the Board
will he(ome a permanent part of the re-
cord.
Any person who decides to appeal a ded-
slon at the Board will need a record of
the proceedings pertaining thereto and
therefore, may need to ensure that a ver.
batim record of the proceedings is made,
which record Includes the testimony and
evidence upon which the appeal is based.
if you are a person vvitn a disability wria
needs any accommodation- In order to
particlipate in this proceeding, you are ern-
titled, at no cost to you, to the provision
at certain assistance. Please contact the
Collier County Faclllties Management De•
Gartment located at 3301 Tamiami Trail
East, SuLing W, Naples, Florida 3,1112,
(239)252.8380. Assisted Ilstellfng devices
toe the hearing Impaired are available in
the County Comnilssioners, Office.
BOARD Or COUNTY COMMISSIONERS
BOARD or ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann lennelohn, Deputy Clerk
(SEAL)
September 27, 2009 NolSIS005
17C
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
-----------------------------------------------------
BCC /ZONING DEPARTMENT
CLERK OF CIRCUIT CRT
S AMMERMANN /FINANCE DEPT
P 0 BOX 413044
NAPLES FL 34101
REFERENCE: 068779 P.O. #4500096189
59591466 NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
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, 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 1 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, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 09/27 09/27
AD SPACE: 97 LINE
FILED ON: 09/28/09
----------------- - - - - --
Signature of Affiant
17r
NcMd OF PUBLIC HEAR
The Boar will consider Petition: CU-
20e9 -AR -14231; Peace Lutheran Church of
ry 'AICP of Wilson M#Wr, Inc., and R.
Brute Anderson of ,Roetzel & Andress
nt
at 1
NOTE: All Peiswu wishing to speak on
any agenda Item must register with the
County Administrator prior to presenta-
tion of the age da item to be addressed.
Individual speakers rs wNi be grafted to 5
minutes rM any tram., Rrc sefectign of an
individual to Speak ali behe�f of an orgy
nization or group ls anoouraged: If rec-
ognfzad by' the Chair, a spokesperson for
a group ar, orgalltzatiws may ix allotted
10 minutesteoak onan Item.'
Persons wishing to have written or graph-
ic materials included in the Board agenda
=e paGkett must sulxnIt said material a min -
of 3 weeks prior to the ,respective
pubf c heerirn�gg in any tare, wrtetan ma-
tertals lntendad to be carnidered by the
Board shall be submitted to the appropri-
ate County stall a minimum of seven days
prior to k pubNt hearing. Ali material
used in presantadons before the Board
will become a psmaaherrt part of the re-
'
Any parson whr+ d±saidai to 4ispMi a dad
,tors of tiM Board wiB need f racaM of
dd
'ur oie pertaining t and
batim rocord o{ to ernura that a ver-
proceedings is made,
if you are a person wM a dbahJety who
nesds
any accom" to
BOARD OF COUNTY COMMISSIONNS
BOARD
DWIGHTE ,
gy Agin Jan 0" Clark — — — — —
{SEAL)
_cAnte+mber27. 2009 NQIA18001
Sworn to and Subscribed before me this day of 200q.
Personally known by meI4Y-tj F �Lmr%-- _
p10-y M`9(i�i KAROL E KANGAS
Notary Public - State of Florida
My Comm. Expires Jul 29, 2013
%iFprr;�?;•• Commission N DD 912237
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 C
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
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
A- 9 I ;— thmnah rm,tinn line N t thmn¢h 94 complete the checklist_ and forward to Sue Filson (line #5).
caw uvu vi wv v.•w•••.w• � ... .......... ... »........- _..__ � .___"
Route to Addressee(s)
List in routing order
'_"' .. _ ____ _ __ .
Office
Initials
Date
1. Judy Puig
CDES Administration
Initial
Applicable)
Agenda Date Item was
10 -13 -09
2.
17C
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
3.
Type of Document
Resolution & exhib, t
4.
1
Attached
, .1
5 Ian Mitchell, Supervisor, BCC Officd
Board of County
Commissioners
contracts, agreements, etc. that have been fully executed by all parties except the BCC
6. Minutes and Records
Clerk of Court's Office
Chairman and Clerk to the Board and possibly State Officials.)
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 addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairmpn's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item
Name of Primary Staff
Melissa Zone, Principal Planner
Phone Number
252 -2958
Contact
appropriate.
Initial
Applicable)
Agenda Date Item was
10 -13 -09
Agenda Item Number
17C
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Resolution & exhib, t
Number of Original
1
Attached
, .1
Documents Attached
rAll
INSTRUCTIONS & 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 Attorne '
Office and all other parties 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
rye
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 /#J jW (enter date) and all changes
made during the meeting have been incorporat d ftfthi attached document. The
County Attorney's Office has reviewed the changes, 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
17C 4
RESOLUTION NO. 09- 2 41
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH, CHILD CARE CENTER, AND PRIVATE SCHOOL
WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT
TO SUBSECTION 2.03.0l.A.l.c OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED AT 9824
IMMOKALEE ROAD IN SECTION 25, TOWNSHIP 48 SOUTH,
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.
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, 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 a Conditional Use of a church, child care
center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0I.A.I.c
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 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.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:
CU -09 -AR -14231
REV. 8/25/09 1 of 2
17C :�t' r=
Petition Number CU- 2009 -AR -14231 filed by Margaret Perry, AICP of WilsonMiller, Inc. and R.
Bruce Anderson of Roetzel & Andress, LPA, representing Peace Lutheran Church of Naples, Inc., with
respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a
Conditional Use for a church, child care center, and private school within an Agricultural (A) Zoning
District pursuant to Subsection 2.03.0l.A.I.c of the Collier County Land Development Code in
accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in
Exhibit "C ". Exhibits "A ", `B" and "C" are attached hereto and incorporated herein by reference.
Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second, and super- majority vote, this i 1_11 day of
nC4064" , 2009.
ATTEST:,
DWIGHT E. BROCK, CLERK
By:
Att a &S to Cif rk
u,
Approved as to form
and legal sufficiency'.
IL�-->>C.,r--,.�
Steven T. Williams S y. .22.Oq
Assistant County Attorney
Exhibits attached: A. Legal Description
B. Conceptual Site Plan
C. Conditions
09-CPS-00938/17
CU -09 -AR -14231
REV. 8/25/09 2 of 2
BOARD OF ZONING APPEALS
COLLIER UNTY, FLORIDA
By:
DONNA FIALA, Chairman
17 144
THE WEST 352.48 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 25, TOWNSHM 48 SOUTH, RANGE26 EAST, COLLIER
COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF;
FURTHER LESS AND EXCEPT THAT PORTION CONVEYED TO COLLIER
COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK
3287, PAGE 206 1, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA.
Exhibit A
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17C 4,
CU- 2009 -AR -14231 Peace Lutheran Church
Conditions of Approval
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment
B), included in the application. The site plan is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable federal, state, and
county laws and regulations.
2. The applicant will be required to contribute proportionate share cost for at -grade
intersection and signalization improvements at Collier Boulevard (CR -951) and
Immokalee Road (CR -846), identified in the County's work program as project number
60095, at such time as the applicant submits a Development Order application for a
school or child care center.
3. The project's site generated trips shall not exceed 2,336 total daily two -way trips, and
350 adjusted PM peak two -way trips for any combination of the allowed uses which was
included in the applicant's Traffic Impact Statement (TIS) approved as part of this
petition.
4. The applicant must provide for traffic control via the use of local law enforcement
agencies, upon request by Collier County Transportation Department or the Collier
County Sherriff s Department, at any location that is determined by either entity to
mitigate operational or safety deficiencies as a result of this project's peak -event traffic.
5. The actual height of structures shall not exceed fifty feet (50').
Revised 9/17/2009 Exhibit C