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Backup Documents 07/28/2009 Item #17G 17G t. .~ 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.) 1 ... ............., ,......... .....,................. ...... ........ "..................... .........T~ Originating DeptJ Div; CDES.lZonin2 Person: John-David Moss, AICP Date: , I . Petition No. (If none, give brief description): CU-2008-AR-13679, Messiah Lutheran Church Petitioner: (Name & Address): Dwight Nadeau, Planning Manager, RWA, Inc., 6610 Willow Park Dr, Suite #20, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (It more space is needed, attach separate sheet) Edward Larson, Messiah Lutberan Cburch, Inc. of Golden Gate. 5800 Golden Gate Pkwy., Naples, FL 34116 Hearing before BCC BZA Other Requested Hearing date: Julv 28, 2009 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only jf important): ~ Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size; Petition: CU-2008-AR-13679, Edward Larson of Messiah Lutheran Church Inc., represented by Dwight Nadeau of RWA, Inc., is requesting a Conditional Use in the Estates (E) Zoning District to expand an existing church purSlIant to Subsection 2.03.01.8.l.c.1 of the Land Development Code. The 5.15-acre subject property is located at 5800 Colden Gate Parkway in Section 29, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing 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: ~Jpk'1 ~1Vl, \~ B'lvision Administrator or Designee D.tte List Attachments: DISTRIIlUTlON INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division 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 before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Offiee B. Other hearings: fnitiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ...******..****~..***.**.****************.*w*************~***********.*.*******.******.**..****...*.. FOR CLERK'S OFFICE USE ONL Y: Do. R=iv"', 1-/ II 0--11 D,,, of Pobli, ",m" 1:l~f I pIJ D," Adv"",,,,, .3j.L eL! 0-1 .~':- . "~ . .~.~._~-;., . '\I~ 4"".......",.,:.___~"io'.".-_'''_ .--.---- -~.--'"_._--"~~.~ 176 '1 . RESOLUTION 09- - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THE EXPANSION OF A CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SECTION 2.03.0l.B.1.c.l OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED AT 5800 GOLDEN GATE PARKWAY, IN SECTION 29, TOWNSHIP 49 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 COMty 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, 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 allowing the expansion of a Church as a Conditional Use pursuant to Section 2.03.01.B.1.c.l ofthe Collier County Land Development Code (LDC) in the Estates (E) Zoning District on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "An) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection lO.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. Rev. 6/04/09 Page 1 of2 ~""~". -'-.".~--,~~_." "._...~""~.. ._, " ,~---~---~",,""""""-'-"-' -'-"'- 176 h.. . - NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Dwight Nadeau of RWA, Inc., representing Messiah Lutheran Church, Inc. of Golden Gate, with respect to the property most commonly described as 5800 Golden Gate Parkway, Collier County, Florida, within Golden Gate Estates, Unit 30, Tract 81 according to Plat Book 7, Page 58 and recorded in Official Records Book 1380, Page 401, ofthe Public Records of Collier County, Florida, be and the same is hereby approved for a Conditional Use pursuant to Section 2.03.01.B.l.c.l of the Collier County Land Development Code (LDC) in the Estates (E) zoning district to allow the expansion of a Church, in accordance with the attached Conceptual Master Plan (Exhibit liB"), and subject to the conditions set forth in Exhibit "C," 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 super-majority vote, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: STEVEN T. WILLIAMS {v> Assistant County Attorney jt,.l<l.'OA. Exhibit A: Planning Commission Findings Exhibit B: Conceptual Master Plan Exhibit C: Conditions of Approval CP\08-CPS-00875\20 Rev. 6/04/09 Page 2 of2 '"'"--"'~--"-',"......,..,.,-_.-_......."-,...--- , ---.---.-,,-.-., ""~~-.' ..,- ,._~ __.....~"M__ - 17G ~.~ . FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13679 The following facts are found: 1. Section 2.03.03.C.5 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 & cgress 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) be recommended for approval to the Board of Zoning Appeals. DATE: COMMISSIONER: Exbibit A ~...." . . n.. ... I~ iii ... '-","'-_~'_-""" ...._-~,--".~ ..." .---.. '-~'''-_'''__ ... l ~ .t. "-"'--~'-""""--"---'~'-~-'-'-" ~-'-"'"-'._,,-~.- _ 17G'1 I I I f \ I , I ~- i i ~ I !I" i ~d ; ~~ I I j ~ isi~ !~n T~ I ij INI~i il I Ii I ~Ii; ." ---------- ml ..,u So ~~: l~:~ " .iil' ~~ i : ~a ~ , 8~ .. \~ ~ 8 ,~ ~"- ..~- <- >. z ~ ~ '<"-< ~~,;j~iJlllj;,=.o n ill ;08 ,_ ~'" '.~:< ~, Ii ;;; ~ fi ~ 8j ';t_c .C'J >!;~tC'\""...Qc-O l<{ , !:: "',f; 1i:t "i=~ li~2 11'; c:~ ~ ~ C ~ ~ ~ :r.~ ~~ e:.;C- ~::' ~~ . ~:..> 0 :;'.0 O';~""~~!~LC ;; ~. '" C~ '^ C~" l'!, '" i" ~~~ ~~~ r- ,..., ~ rn C Z ~>=' ~C":II: 1:" :c5 (;] ;a'" :.i:lOa ,.,. ~ ~~ ~)> 7.~ ~~ ~E ~~ g~ ~ ~ ~ ~ i!1 ~~~ ~ ~ ~~ ~ ~ ~~ ~nn~ ~ ~~ . <A ~~ ~ ~f~ iii 0 ~. ~~ h Z~ ::: I C}'~:i~ < . ..~~" n'l ~~ .. ~;C llt~ CO ~ rrl '=>~ tl: ~% ~ 0.., ~ ~O ~~ C1 ;~ 8~ ~g . ~ ~ ~ q ,.~ ~ ~ ;;'3~ ~ON f'1 -.;Z ,..... c:'- Sl 't./:; FI ~ 00 c: ~"'I:!i -l ~~ ;:' ~~ ~ /; I ~ ~ aJl ~~ . ~a )::. ! ~ll; zg ;;II ~8 '" )> :j i~ ~~ Hi" n 0 "~ ' ,-, ig ~ lIP" ;u Z "0 ~ '9 _;oJ!: ~- "" ~ ~ ~ ~ ~~ ::: t'1 .., ~ r :'A Pcf ~ '" I(l Exhibit B m ~ & ~~ :.z: D~ ,::; "-""T. MEssl1:~bJ/.l!!ERAN MESSIAH LUTHERAN nlXT~ 1NC.~=<lon "'. ...... ~ C".JURC1-l ~NluLT'~~ UvlIllDl(laeaina .....-.. CONDITIONAL USE ~n .&. '-, .... .... SllMl)'ioaolMlppiDa --;--::.J QIDlm llHN. SITE PLAN _ =_......._~_~aflIf 1Dl~ Mlt=_:..., ,...__~ -,-_e' ",......-.-. d~', 'W ____,___ ....... 6 ... ,.~._~--_._. ...,.._"._._~-_ 17G 'l " CONDITIONS OF APPROVAL ClJ-2008-AR-13679 May 8, 2009 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Messiah Lutheran Church Conditional Use Conceptual Site Plan," prepared by RW A, Inc., and dated July 2008. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. Supplemental native plantings in all three strata shall be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with little or no native vegetation coverage. 3. The maximum area of the buildings on the site at build-out shall be limited to 65,569 square-feet. 4. If building height exceeds one story, the front yard setback of 75 feet shall be increased by 25 feet for the additional floor; or the building shall be stepped back to provide a vertical slope of two to one. 5. Irrespective of that shown on the Conceptual Site Plan, the property owner shall provide a five-foot wide pedestrian connection to the site from the existing six- foot sidewalk along Golden Gate Parkway, with the exact location to be determined by the County Transp0l1ation Planning Department at the time of Site Development Plan review and approval, pursuant to the requirements of the LDC. Exhibit C - ... . -_.__.",,----..-,-_._-,.,-, .' -,.~~-,~~..------,_._,,,-,"-","---- 17G ;. ~ ACCOUNT #068779 July 1, 2009 Attn: Legals Naples Daily News 1075 Central A venue Naples, Florida 34102 Re: CU-2008-AR-13679, Messiah Lutheran Church Dear Legals: Please advertise the above referenced notice on Sunday, July 12, 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 ^ ._,...,_.,._--"',------- .....-...... , .---."...".... ...,.~,..-"",..._- ___,_-"'H,,_";_,_......__"'...''''......,_'~.ft~'''.,~_'''~..,...'..".',. 17G 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, July 28, 2009, in the Boardroom, 3 rd 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 THE EXPANSION OF A CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SECTION 2.03.0l.B.l.c.l OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED AT 5800 GOLDEN GATE PARKWAY, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU-2008-AR-13679, Edward Larson of Messiah Lutheran Church, Inc. , represented by Dwight Nadeau of RWA, Inc. , is requesting a Conditional Use in the Estates (E) Zoning District to expand an existing church pursuant to Subsection 2.03.01.B.1.c.1 of the Land Development Code. The 5.15- acre subject property is located at 5800 Golden Gate Parkway in Section 29, Township 49 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, WLlich record includes the testimony and evidence upon which the appeal is based. "..._^.....,..~,~~, . ..--~------ 17G 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) . e~ .... _,~~_~.O~___._,.~ . . . .. .....~ .._......-~--- 17G " I. .~ t---~_.. -~,,-~ ",_"-~--'- , "eO\1nt}L'oft~ IIi er !:L..- '" " CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY ,COURTHOUSE Clerk of Courts 3301 TAMIAMI t~IL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA],4101-3Q44 Auditor ^'A~~:. f Custodian of County Funds July 2, 2009 Edward Larson Messiah Lutheran Church, Inc. of Golden Gate 5800 Golden Gate Parkway Naples, FL 34116 Re: CU-2008-AR-13679; Messiah Lutheran Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, July 28, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 12,2009. Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK G IjjA-U~- Pml--r ~ ~ teresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com -- -- ---,-_.,,,,,-., .. -""'~-"._"'~---""---<>-'''-- .....1 ,,'-. - (:er;~~ty,ofl~~qllier 17G V4'''Y''' ' CLERK OF THE CIRClJIT COURT Dwight E. Brock COLLIER COUNTY ,COURTHOUSE Clerk of Courts 330] TAMIAMI l'liAIL EAST Clerk of Courts PO. BOX 4(3044 . Accountant NAPLES, FLORIDA'34 101-3044 Auditor << Custodian of County Funds "c._ -",)'\( July 2, 2009 Dwight Nadeau, Planning Manager RWA, Inc. 6610 Willow Park Dr. Suite #20 Naples, FL 34109 Re: CU-2008-AR-13679; Messiah Lutheran Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on 'fnesday, July 28, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 12, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~P~4~ .1 eresa Polaski, Deputy Clerk Enclosure --- Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com -"-+- "_N.._'"'-'-"_ 17G . Teresa L. Polaski To: legals@naplesnews.com Subject: CU-2008-AR-13679 Legals, Please advertise the following on Sunday, July 12, 2009. Thanks ~ ..:w. '-.','. CU-2008-AR-1367 CU-2008-AR-1367 9.doc 9.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 (T eresa.Po las ki@collierclerk.com) 1 _t ..""- --,., .... . -. ,..__~".,..,_"_.....,.._",,.M'_.,.~_~_ 17G ; Teresa L. Polaski From: postmaster@collierclerk.com Sent: Thursday, July 02, 2009 1: 17 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT422565.txt; CU-200B-AR-13679 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 1 "-. - , _"'_"In IV! ~"-~"""---_."_'~~,"~'._,,.~~_.~,,,,.,,_..- 17G Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Thursday, July 02,2009 1 :29 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS17C4.jpg Thank you for placing your ad. Date 07/02/09 Publication NDN Ad Number 1806740 Total Ad Cost $452.30 Emely 213-6061 1 ,.,,,,-,.... --_.~~.....~...'..~,..".._~.-..__..,,-- 1 .. .11 ~ iN .. - . .",....,"",~."."~.."._---..~>.~..,....,.~~^."'"',-""<,"-"'- NOTICE OF PUBLIC HEARING 176 Notlce Is hereby given that the Board of County Commissioners. as the Board of zoninRAPpealS. of Cofller COl..tnty will hold a pUbllc hea.r ng on Tues- day. July 28.2009. in the Boardroom, 3rdFloor. Ad- ministration 6uHdlng, CoUler County Government Center. 3301 East Tamiami Trail. Na~l~s. Florida. The meeting will beQln at 9:00 A.M. T e 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 THE EXPANSION Of A CHURCH IN TI-IE ESTATES (E) ZONING DISTRICT PURSUANT TO SECTION 2.03.01.B.l.c.l OF THE COLLI ER COUNTY LAND DE. VELOPMENT CODE. FOR PROPERTY LOCATED A T 5800 GOLDEN GATE PARKWAY. IN SECTION 29. TOWN,SHIP 49 SOUTH. RANGE 26 EAST. COLLIER COuNTY, FLORIDA. The Board wlll consider Petltian: CU-2008-AA-13679. Edward Larson of Messiah Lutheran Church. Inc., represent~d by Dwight Nadeau of RWA. Inc" Is re- questing a Conditional Use in the Estates (E) Zon- IngDlstrict to expand an existing. church pursuant to SubsectIon 2.03.0LB.1.c.l of the land Develop- ment Cod~. The S.lS-acre sub)ectproperty is locat- ed at 5800 Golden Gate Parkway in Section 29. Township 49 South. Range 26 East. Collier County, Florida. NOTE: All Persons W1Shi"% to speak on any ilQenda Item must register with t.. e County Admln.istn!t(}r prior to presentation of the agendG\ item to be ad- dressed. Individual Sflea'<ers will be limited to 5 minutes an any item. he selection of an individual tospeal< on behalf .of an organization or group 1s encouraged. 1f recognized 6y the Chair. a spokes- person fora group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have wrItten or grilphic materi- als included in the Board agend~ packets must submit said material a minimum of3 weeks prior to the respective public hearing. In ar~ case. wrlttan materials lntendedto be conSidere. b6 the~ard shall be submitted to the appropriate OU!1tY staff aminimum of seven days prior to the public hear- Ing. All material used In presentations before the Board will become a permanent part of the r~ord. Any person who decides to appeal a decision of the Board will need a record of the proceedlngs pertaining thereto, an d therefore. may need to en- sure. that a verbatim record of the proceedings Is mad~. which record lncludes the testimony and evidence upon which the appeal is based. If you are a person with a disabllit~ who needs any accommodation in order to partiCipate in this pro- ceeding. you are entitled, at 00 cost to you. tathe provision of certain assistance. Please contact the Collier County Facllltles Manarment Dep,artment, located at 3301 Tamiaml Tral East. BUIlding W. Naples. Florid?! 34112. (239)252-8380. Assisted Hsten- ing devices forthe hearing impaired are available In the County Commissloners'Office. aOARD OF COUNTYCOMMISStONERS BOARD Of ZONING APPEALS COLLIER COUNTY. FLORIDA DONNA fIALA;CHAIRMAN DWH~HT E. BROCK, CLERK 6~: Teresa Polaski. Deputy Clerk ([AU July U. 2009 Nol806740 ,.,-," ,-._+-"",--",._., ~ jO,,_'_'~"'jl_l '""- ...-,."",.","," .~,..,.,.,,-.,___~ 1 - "....,...M<_..M.'''_'...~_,<''m ^'~.__"'~.~ 17G ~ r Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ BCC/ZONING DEPARTMENT CLERK OF CIRCUIT CRT S AMMERMANN/FINANCE DEPT POBOX 413044 NAPLES FL 34101 REFERENCE: 068779 P.O. #4500096189 59582597 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Chris Doyle, who on oath says that he serves as the President and Publisher 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: 07/12 07/12 "':"-',.+.,':,:"-,!;-'/ JIIZ'"'..i . ;~t;i.. ..i..:. ...i AD SPACE: 160 LINE "','-, .:.:-:-. ........." ~,~.ta FILED ON: 07/13/09 ::::::~~:-~~-~~~::::---------~~~~----+------------------------ Sworn to and Subscribed before me this H~ day of ~ 200) ~Q Personally known by me OJn~A~g~or, ..:leU} .) i':'[~l'? q?mmis~jo:- UD ile;, -:'~f"",,-,,;~~::~ Expires dlAI:d .~ ~ _ '~8F,\n~~' 8",!::".1 ~,J'. .-:las-l019 ~. .-.-._--....,--,--" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI17 G 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 cj;ce. The compt~ted 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 Comptete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exce tion of the Chainnan's si ature, draw a line throu routin lines # 1 throu #4, com tete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order) 1. 2. 3. 4. 5. Bu~ filsdn, Executive Manager Board of County Commissioners r{u:/o, I k N (\hTUlb-o.... 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, inctuding Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the Bee office only after the BCC has acted to approve the item. Name of Primary Staff ~S Phone Number Contact Agenda Date Item was ~ Agenda Item Number A roved b the BCC Type of Document Ln1)~~\~1 Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is N/A (Not a ro riate. A licable) 1. Original document has been signe . Dlti 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 ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson 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 a ar f our deadlines! 6. The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorpor ed i the attached document. The Conn Attorne 's Office has reviewed the cban es, if a licable. 1: Fonnsl County Formsl BeC Fonns/Originat Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 .~-~--" "'1:>', _'__"~""-H_"'l;'~_"_''''~__'.'-_. '~- -,-~---~ 17G -"~ RESOLUTION 09- 1 8 7 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THE EXPANSION OF A CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SECTION 2.03.01.B.1.c.l OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED AT 5800 GOLDEN GATE PARKWAY, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-l246, Laws of Florida, and Chapter l25, 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, 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 allowing the expansion of a Church as a Conditional Use pursuant to Section 2.03.01.B.l.c.l of the Collier County Land Development Code (LDC) in the Estates (E) Zoning District on the property hereinafter described, and the Collier County Planning Commission 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 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. Rev. 6/04/09 Page 10f2 -",-~_._.~ ---.-,. ,~...,,;._,._. . .- .-....- ---- I 7 G l.Y~ NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Dwight Nadeau of RW A, Inc., representing Messiah Lutheran Church, Inc. of Golden Gate, with respect to the property most commonly described as 5800 Golden Gate Parkway, Collier County, Florida, within Golden Gate Estates, Unit 30, Tract 81 according to Plat Book 7, Page 58 and recorded in Official Records Book 1380, Page 401, of the Public Records of Collier County, Florida, be and the same is hereby approved for a Conditional Use pursuant to Section 2.03.01.B.1.c.l of the Collier County Land Development Code (LDC) in the Estates (E) zoning district to allow the expansion of a Church, in accordance with the attached Conceptual Master Plan (Exhibit "B"), and subject to the conditions set forth in Exhibit "C," 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 super-majority vote, this ) t~y of ~~ J ' 2009. ATTEST: DWIGI:ff,:e.~BROCK, Clerk BOARD OF ZONING APPEALS .:'" ..;' .' ;.'.. . COLLIER ~PJmTY, FLORI~t _ ~. ~...,., .J:..... . / Ii ,,~,"-1- _ /J -,' .,. r~ C>I'~~ By:~' ..' . .' By: ..Wit .. te~,. . flIt lerk DONNA FIALA, Chairman ..1II.....iJll,.r... ' Approved as to form and legal sufficiency: ~ .(ltf . 7.LJ~ STEVEN T. WILLIAMS 1V> Assistant County Attorney 5(". ~.oil\ Exhibit A: Planning Commission Findings Exhibit B: Conceptual Master Plan Exhibit C: Conditions of Approval CP\08-CPS-00875\20 Rev. 6104/09 Page 2 of2 ~~''"'''.>_'''''.'"_'_'_'''n''''~~~'' ....... ~*~-_~"' """'_ 17G PREPARED BY: Cj~frl~ ~Cf/t~ JOHN-gA ID MOSS, AICP, PRINCIPAL PLANNER A tE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: 12 1/i!:/0/ RAYMO D V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: 14 bo~ ! DA S PH K. SCH 11'1', ADMINI TRATOR MUNITY DEVELOPMENT AND VIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the September 15, 2009 Board of Zoning Appeals Meeting CU-2008-AR-13679 Page 9 of 9 . 176 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13679 The following facts are found: 1. Section 2.03.03.C.5 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 A~ cl..~ t:-,(j14N :..'",,- vW'1' 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 V 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 J'\- ~ ~..,..-1)J"~ ".J.7 Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE, C ,'), 0 S COMMISSIONER, J.{J I~- I , Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION 176 CU-2008-AR-13679 The following facts are found: 1. Section2.03.03.C.5 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 ~ 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 ing7 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, (csP1'attaehed) be recommended for approval to the Board of Zoning Appeals. . /~ 4:/ /.... COMMISSIONER: /;/ '/~ -// /' 1f.,J, 69>:-- t>/t;" /.'.')'-.<. DATE: 6-' 7-.52 Exhibit A 11l& , it NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Dwight Nadeau of RWA, Inc., representing Messiah Lutheran Church, Inc. of Golden Gate, with respect to the property most commonly described as 5800 Golden Gate Parkway, Naples, Collier County, Florida, within the Golden Gate Subdivision, as further described in Official Records Book 1380, Page 401, Plat Book 7, Page 58, Tract 81, Unit 30 of the Public Records of Collier County, Florida, be and the same is hereby approved for a Conditional Use pursuant to Section 2.03.0I.B.l.c.1 of the Collier County Land Development Code (LDC) in the Estates (E) zoning district to allow the expansion of a church and the creation of a child day care facility, in accordance with the attached Conceptual Master Plan (Exhibit "B"), and subject to the conditions set forth in Exhibit "C," 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 super-majority vote, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: STEVEN T. WILLIAMS Assistant County Attorney '("',.0'\ ~.~ Exhibit A: Exhibit B: Exhibit C: Planning Commission Findings Conceptual Master Plan Conditions of Approval Page 2 of2 176 ' FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13679 The following facts are found: 1. Section 2.03.03.C.5 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 t]:le'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 V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects:_ /~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wit]:lin district / Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. COMMISSIONER: / ./ /f~ ~/) L/ f DATE: '7 / 7 - ? Exhibit A 176 "~ NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Dwight Nadeau of RWA, Inc., representing Messiah Lutheran Church, Inc. of Golden Gate, with respect to the property most commonly described as 5800 Golden Gate Parkway, Naples, Collier County, Florida, within the Golden Gate Subdivision, as further described in Official Records Book 1380, Page 401, Plat Book 7, Page 58, Tract 81, Unit 30 of the Public Records of Collier County, Florida, be and the same is hereby approved for a Conditional Use pursuant to Section 2.03.01.B.l.c.1 of the Collier County Land Development Code (LDC) in the Estates (E) zoning district to allow the expansion of a church and the creation of a child day care facility, in accordance with the attached Conceptual Master Plan (Exhibit "B"), and subject to the conditions set forth in Exhibit "C," 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 super-majority vote, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: STEVEN T. WILLIAMS Assistant County Attorney 0('" 'I.~1'O'l Exhibit A: Exhibit B: Exhibit C: Planning Commission Findings Conceptual Master Plan Conditions of Approval Page 2 of2 . FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION 17G ;/ CU-2008-AR-13679 The following facts are found: 1. Section 2.03.03.C.5 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 ~/ 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 ~ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~._ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 5'/1 Iv ? I / Exhibit A 176 i NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Dwight Nadeau of R W A, Inc., representing Messiah Lutheran Church, Inc. of Golden Gate, with respect to the property most commonly described as 5800 Golden Gate Parkway, Naples, Collier County, Florida, within the Golden Gate Subdivision, as further described in Official Records Book 1380, Page 401, Plat Book 7, Page 58, Tract 81, Unit 30 of the Public Records of Collier County, Florida, be and the same is hereby approved for a Conditional Use pursuant to Section 2.03.01.B.l.c.1 of the Collier County Land Development Code (LDC) in the Estates (E) zoning district to allow the expansion of a church and the creation of a child day care facility, in accordance with the attached Conceptual Master Plan (Exhibit "B"), and subject to the conditions set forth in Exhibit "C," 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 super-majority vote, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: STEVEN T. WILLIAMS ASsistant County Attorney ('" ~.~,.o'\ Exhibit A: Exhibit B: Exhibit C: Planning Commission Findings Conceptual Master Plan Conditions of Approval Page 2 of2 176 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13679 The following facts are found: 1. Section 2.03.03.C.5 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 V No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: .r: 1- .,1 COMMISSIONER: ;7;: /~ Exhibit A 176 .- NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Dwight Nadeau of RW A, Inc., representing Messiah Lutheran Church, Inc. of Golden Gate, with respect to the property most commonly described as 5800 Golden Gate Parkway, Naples, Collier County, Florida, within thc Golden Gate Subdivision, as further described in Official Records Book 1380, Page 401, Plat Book 7, Page 58, Tract 81, Unit 30 of the Public Records of Collier County, Florida, be and the same is hereby approved for a Conditional Use pursuant to Section 2.03.01.B.l.c.1 of the Collier County Land Development Code (LDC) in the Estates (E) zoning district to allow the expansion of a church and the creation of a child day care facility, in accordance with the attached Conceptual Master Plan (Exhibit "B"), and subject to the conditions set forth in Exhibit "C," 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 supcr-majority vote, this _ day of ,2009 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: STEVEN T. WILLIAMS Assistant County Attorney s('" 'I ~.l"O Exhibit A: Exhibit B: Exhibit C: Planning Commission Findings Conceptual Master Plan Conditions of Approval Page 2 of2 , .. 17G .\ FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13679 The following facts are found: 1. Section 2.03.03.C.5 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: YesL 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: .-1- 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 " YesL No_ l Based on the above finding:, this conditional use should, Wlh stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals.! DATE: Sh)1 I f COMMISSIONER:+ \\ ~~W 9-:~\mtL Exhibit A . " PREPARED BY: '-j-4~ ~crJ~ fl1 / ti JOHN-VA VID MOSS, AICP, PRINCIPAL PLANNER A tE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ;' ,/ Lf/ls /)f RA YMO D V. BELLOWS, ZONING MANAGER / DiTE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1 ) '2 . / I (-, /- - ;~,- , " ,"" .". j~,/- / h Yt SUSA .ISTENE, AICP, DtRECTOR I ' . / DfTE ' DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ~bo~ ! DA S PH K. SCH ITT, ADMIN I TRA TOR MUNITY DEVELOPMENT AND VIRONMENTAL SERVICES DIVISION Collier County Planning Commission: 17G MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the September 15,2009 Board of Zoning Appeals Meeting CU-2008-AR-13679 Page 9 of 9 , <t. ,. .~,<:.~<.,..< ~ '176 I FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13679 The following facts are found: 1. Section 2.03.03.C.5 ofthe 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 i/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes 1/ 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 j/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 6--/7/r1'1 / I I '-------j i COMMISSIONER:jJj 1/lrl"'-, l~j<J'"l / } i '/,' , '<lj' -~#~-(___.. Exhibit A \ PREPARED BY: Ci,"/v-- kl.l1~o--_~ Cf / 0 C JOHN-,g,A VID MOSS, AICP, PRINCIP AL PLANNER AtE 1 DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: /-.--, 'y" (> // t.f /. -- / ~ Cw':{?'/--tIY"! (). ;0"/0-------- / j:) / ) ( RAYMO D V. BELLOWS, ZONING MANAGER j DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW , ; / /c, // fy/ ' L / / i --II) f SUSA .ISTENE' , AICP, ~(~TOR ------r-+ / D;<TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ~~Z{ S PH K. SCH ITT, ADMINI TRA TOR MUNlTY DEVELOPMENT AND VIRONMENTAL SERVICES DIVISION Collier County Planning Commission: ,1.(6 MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the September 15,2009 Board of Zoning Appeals Meeting CU-2008-AR-13679 Page 9 of 9 17G -t ., FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13679 The following facts are found: 1. Section 2.03.03.C.5 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 w7 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--LL- No_ C. Affects neighboring properties in relation to nOIse, glare, economic or odor effect$: -L No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use 'jIithin district yes.J-- No__ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: .~/7 ) t?~ ( , COMMISSIONER: ,[{Uk'\-- If l.il)zt{~ Exhibit A ----~~~-,._..,.......-- - ---_.------".._..,.~_. ~.._---~._-,~..........-.~" .- ., 176 NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Dwight Nadeau of RW A, lnc, representing Messiah Lutheran Church, Inc. of Golden Gate, with respect to the propelty most commonly described as 5800 Golden Gate Parkway, Naples, Collier County, Florida, within the Golden Gate Subdivision, as further described in Official Records Book 1380, Page 401, Plat Book 7, Page 58, Tract 81, Unit 30 of the Public Records of Collier County, Florida, he and the same is hereby approved for a Conditional Use pursuant to Section 2.03.01.B.l.c.1 of the Collier County Land Development Code (LDC) in the Estates (E) zoning district to allow the expansion of a church and the creation of a child day care facility, in accordance with the attached Conceptual Master Plan (Exhibit "B"), and subject to the conditions set forth in Exhibit "C," 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 super-majority vote, this _ day of ~, 2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: __ DONNA FIALA, Chairman Approved as to form and legal sufficiency: STEVEN T. WILLIAMS Assistant County Attorney ('" ~.~,.o'\ Exhibit A: Exhibit B: Exhibit C: Planning Commission Findings Conceptual Master Plan Conditions of Approval Pagc 2 of2 ~ I I I , , , ~ ' I I I I ~r , n I I' ~ I ; ~.l.! I: ","1 1 , I , , , I' - 1 I ~ tj, - ~ I ~" i >~. ! , J- ~ r'\ ~~~~ , t ~~a; ~~ It I "f" ~ i:~ h H~ ~I ~il' I <~ N~~ I ~ ~~~~ ': ~~~l ,~ " ~, ~~ ~~~ - \ \ \ \ ~- ~- -- - - --::-_=_ _ _-=-::_-\ ~h__ _::.::~_\~_ _!~~~~'~~~'~i:~ ,":C~_c-",: = =- . , ,,"CO q~ ;~! ' - "i~ I 'C~'" ,.. I-~ ," - ~~ ~~J--- "~ ~ I I --~-'- I I " < " ~~ ~ : n~ ~: i~ ~ " c~ ~ ~ e' c ~g Q 9 VI"' < r ~ 1~~ :~ ~~ ~ "'0 ~ ~\ ~ ::::fTl S; ZVl ." -,,., 3 ~Vl~: ~[;1 "~ ,- ~~ z ?~ " ~~ " 96 ~ r-~~ ~~ Sf ~ ~ ..~ g ~~ ~ "00 ~, ~bS r C M~M '" Z ~:? ~ 9~;~ Q~ "U ~ ~ , ,;,~ lJ) g~~ u;j~ Cl " ~B rrI )> 5 ~6 9:;1 ~ ';: Zz ^ ~~~ '" -i > VlVI - Z ): Z M" 8," 0 ~ z ~.2. ~ ~~~ ~ ~~ <: ~ ~ ~~ ~~ ~~. iE 0 8~~ " fT1 a ~ ~i ~~ 2~ 0 lJ) ~!~ ,~ , C ~ITI.., .~'r~ < , , ~i5 g~ ~M ~ !: 1""'~5 ,c~ fT1 i !: ~ o~ ~~ ~~' ~~ ~ ,. '.:0,- !i~:;: (;) " ~~~ l"'Io~ fT1 ~ ~~ ~,~ ; 0 -< ~" -i C1~ 3g ~ ,~ )> : :;l~ ~g 0;08 A~ ,. :::! :t }:.Ie:;:6 y,1~ ~I' (") 0 1) ~ ;E~ VI <~ ;1',";l ;0'0 mI Q ~ " Z ~ ~ ~~ p~ 7~ Rn " rrI ., " .' ,. ~ . Cl VI rrI Exhibit B ~~ - I tl, " ... ~~ 'VI ~n .sro~1IlE ""'" MESSIAH LUTHERAN ""'-""T D\lTA INC.~~ JIlLY.2008 1!J ... 26C MESSIAH LUTHERAN ~~ SCAU CHURCH Q7Cl23IlOO,OO r..4!1 l'U.on ....ON rrnL CHURCH ..i.."SrL,:lN~ ~~owina 01023tlCOSP02 S.R. CONDITIONAL USE -- """"" SITE PLAN .10..,.,..........a:lCl......""'*..1. __.us fAlI:...... 2 0' J D lwac.-_,FGrl --, ~FAX; ..... -~, ,~~"~~",-,--~--"-~----. "",-,...".-,'--_.---',....,-I,_."",~_.^ ~,.,.~,-"_--.,.'........~,,,.,,.~,,._~,.,,~_..,--.._- 17G CONDITIONS OF APPROVAL CU-2008-AR-13679 May 8, 2009 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Messiah Lutheran Church Conditional Use Conceptual Site Plan," prepared by RW A, Inc., and dated July 2008. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. Supplemental native plantings in all three strata shall be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with little or no native vegetation coverage. 3. The maximum area of the buildings on the site at build-out shall be limited to 65,569 square-feet. 4. If building height exceeds one story, the front yard setback of 75 feet shall be increased by 25 feet for the additional floor; or the building shall be stepped back to provide a vertical slope of two to one. 5. Irrespective of that shown on the Conceptual Site Plan, the property owner shall provide a five-foot wide pedestrian connection to the site from the existing six- foot sidewalk along Golden Gate Parkway, with the exact location to be determined by the County Transportation Planning Department at the time of Site Development Plan review and approval, pursuant to the requirements of the LDC. Exhibit C ----~......-_.".- ",-""'-'~''''-''''--;---'''"'._''''' . _" ........._""",,. ~..,v,.." """"",<';'_'.~_"~""""",*,~,.,._,,.,_~_,'__'___~,A""_.__..._ .-'--'"