Backup Documents 01/13/2009 Item #17B
178
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
~ Normal Legal Advertisement Other:
(Display Adv., location, etc.) ~
................................................... ..*......................**...*.~.........*
Originating Dept/ Div: CDES.lZonin2 Person: Nancy Gund ch. ICP Date: \2, B.Do
Petition No. (If none, give brief description): CU-2008-AR-13060, Naples Baptist Church
Petitioner: (Name & Address): Ms. Laura Dejohn, Johnson Engineering, 2350 Stanford Ct., Naples, FL 34112
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Naples Baptist
Church. 1]983 Tamiami Trail N.. #]54. Naples. FL 34110
Hearing before Bce 6z--;) Other
Requested Hearing date:
January 13. 2009
Based on advertisement appearing 1S davs before hearing.
Newspaper(s) to be used: (Complete only if important):
!XX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU~2008.AR.13060, Naples Bapti:1Jt Church,
Inc. represented by Laura Dejohn. AICP, of Johnson Engineering, Inc., requests a Conditional Use in the Mobile Home Overlay
within the Agricultural zoning district (A.MHO) pursuant to 2.03.01.A.1.c.7 of the Land Development Code (LDC). The 4.96
acre A.MHO zoned site is proposed to permit a Church with a maximum of 12,000 square feet of floor area. The subject property
is located at 2140 Moulder Drive, Section 30, Township 48 South, Range 27 East, Collier County, Florida.
Companion petition{s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No It Yes, what account should be charged for advertising costs:
Account Number: 068779 PO Number: 4S00096189
Reviewed by: ............. /~~~ n_ lir!,,1)
,('LJ .t A A- " J. ,) UC/ '-0 ~. Va
Di\l'ii"ion Administrator or Designee Dat
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee 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 a&enda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Ckrk's Office, retaining a copy tor file.
*~****.*.*****....~**.**.*..*..****.**..*.*****.**..**.*.******....*..***.*...**......................
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Puhlic heariog: ~ Date Advertised: I -;rJ d-~ / D~
178
RESOLunON 08-
A RESOLTTTTON Ol? 1'Hl? HOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA. PROVIDING FOR THE
ESTABLISHMENT OF A CONDmONAL USE TO ALLOW A
CHURCH IN THE MOBILE HOME OVERLAY WITHIN THE
AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION
2.03.01.A.1.c.7, COLLIER COUNTY LAND DEVELOPMENT CODE,
FOR PROPERTY LOCATED AT 2140 MOULDER DRIVE, SECTION
30, TOWNSHIP 48 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. 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 plamring 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
,
for a Church in the Mobile Home Overlay within the Agricultural Zoning District, pursuant to
Section 2.03.01.A.1.c.7 of the Collier County Land Development Code, on the property
hereinafter described, and the Collier County PIamring Commission has made findings as
described in Exhibit "A" 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 Section 1O.08.00.D of the Collier County
Land Development Code; and
Page I on
178 ~
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition CU-2008-AR-13060, filed by Laura Dejohn, AICP, of Johnson Engineering,
Inc., representing the Naples Baptist Church, Inc. with respect to the property hereinafter
described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a church
within the Mobile Home Overlay within the Agricultural Zoning District pursuant to Section
2.03.01.A.1.c.7 of the Collier County Land Development Code, in accordance with the
Conceptual Site Plan described in Exhibit "c" and subject to the conditions found in Exhibit
"D". Exhibits "B", "c" and "D" 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
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, Chairman
Approved as to form
and legal sufficiency:
@
Heidi Ashton-Cicko
Assistant County Attorney
Page 2 on
Exhibits (attached): A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan, entitled, "Naples Baptist Church 2140
Moulder Drive," dated 5/28/08, which is prepared by Johnson
Engineering, Inc.
Conditions
17B 1
Page 3 of3
17 B ~.
~
FINDINGS OF FAct
BY
COLLIER COUNTY Pi.ANNlNG COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13060
The following filets are found:
. 1. Section 10.08.00 of the Land Development Code authorizes 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.-L' No_
~
B.
Ingress and egress to property and proposed structuIes thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in <:ase 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 <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No_
Based on the above findings, this conditional we should, with stipu1ations, (copy attached)
(should not) be recommended for approval.
.~~
DATE:9.l{- D~
CHAIRMAN:~wL f ~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-ZOO8-AR-13060
The following facts arc found:
1. Section 10.08.00 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 sfnIctures thereon with particular
reference to automotive and pedestrian ssfety 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:
~o affect or _ Affect mitigated by
_ Affect caIinot be mitigated
D. Compatibility with adjacent properties and other property in the district
Compatible use within district
Yes c/' No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
q, ? ,,(
MEMBER: !J1-;f
EXHIBIT A
17B~
.
.
.
.
.
.
FINDING OF FAct
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-131160
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditiotlll! 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 LanieVelopment Code and Growth Management Plan:
Yes No
17 B k,'
.
.
.
B.
Ingress and egress to properly and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, tIaffic 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 distri~
Yes...!...... No
Based on the above findings, this conditional use should, wi . ulations, (copy attached)
(should not) commended for approval.
DATE:
MEMBER:
EXHIBIT A
178
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PEnnON
FOR
CU-2008-AR-13060
The following facts are found:
1. Section 10.08.00 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 Lan~ent 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::!Of fi . or catastrophe:
Adequate ingress & egress
Yes_ No--,-
C. Affects neighlx>ring properties in relation to noise, glare, economic or odor
effects: /
~ affect or _Affect mitigated by
_ Affect cannot be mitigated
D, Compatibility with adjacent properties and other property in the district:
Compatible use within distrio/'
YesL No
DATE: tJ-J.-- cg/
Based on the above findings, this conditional use should, with stipulati
(should not) be recommended for approval.
MEMBE
EXHIBIT A
~) t1;J! r (/.1 C- L Iv
.
.
.
17 B ,ff
,
.
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2008-AR-13060
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes 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 1 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 ~s in case of fire or catastrophe:
Adequate in)s & egress
Yes_ No_
C. Affects neighboring properties in relation to noise, glate, economic or odor
ejts:
_ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible j within district
Yes_ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
.
DATE:~
CHAIRMAN:,(frnrt<4 '-lJ"d. ~
EXHIBIT A
~4
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
ClJ-l008-AJl-13060
.
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditioDal 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 V No
B.
Ingress and egress to properly 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 cataslrophe:
.
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
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: ~ .,- 0 '9'
MEMBER:
EXHIBIT A
?;;; /~
.
FINDINGS OF FAct
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDtrIONAL USE PETITION
FOR
C1J-2008-~-13060
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Omnting the conditional use will not advelsely affect the public interest ll1ld 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 l>l No
B. Ingress and egress to property andproposed structures thereon wi1h particillar
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:
.J;{ No affect or _ Affect mitigated by <text>
_ Affect carmot be mitigated
D. Compatibility with adjacent properties and other property in the dlstrict:
Compatible use within district
Yes~ No_
Based on the above fIndings, this conditional1lSC should, with stipulati , (copy attached)
(should not) be recommended for approval.
DATE: qf1)j
C[I,~IA1<l:-
EXHIBIT A Jo\\}I\XiL
~~
178 .tf
. -1-.t-B-rtt
FINDINGS OF FAC!'
BY .
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
.CU-2008-AJl-13060
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes 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 ~ "''- c J I,... f t&-_ (>
Yes' /No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ect or _ Mfect mitigated by <text>
_ 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)
(should not) be recommended for approval.
DATE:'
i/C(/o~
. I
CHAIRMAN:
EXHIBIT A
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178
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LEGAL DESCRIPTION:
EXHIBIT "B"
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178 r
CONDITIONS FOR APPROVAL
FOR
CU-2008-AR-13060
1. The Conditional Use is limited to what is shown on the site plan, identified as "Naples
Baptist Church 2140 Moulder Drive," prepared by Johnson Engineering, Incorporated, dated
May 28, 2008. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings,
structures, and improvements authorized by this conditional use, so long as these minor
changes remain consistent with all applicable development standards.
2. Prior to vertical construction, Naples Baptist Church, Inc., or its successors and assigns,
shall construct to county standards a 20-foot rural paved roadway and a 4-foot wide paved
shoulder from Immokalee Road to the subject property.
3. The uses shall be limited to Church services and a parsonage. Day care uses are prohibited.
The Church services shall be limited to Sunday, Wednesday evenings, religious holidays
and a maximum of 20 special events per year. Bible study shall be excluded from this
limitation.
4. The site shall not be gated.
EXHIBIT D
G: Current! Gundlachl Conditional Uses/ Naples Baptist Church / Exhibit 0 Conditions 9-9-08
178 "
NDN ACCOUNT #068779
December 8, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2008-AR-13060 - Naples Baptist Church
Dear Legals:
Please advertise the above referenced notice on Sunday, December 28, 2008
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500096189/
ACCOUNT #068779
178 "
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, January 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 IN THE MOBILE HOME OVERLAY
WITHIN THE AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION
2.03.01.A.1.c.7, COLLIER COUNTY LAND DEVELOPMENT CODE, FOR
PROPERTY LOCATED AT 2140 MOULDER DRIVE, SECTION 30, TOWNSHIP
48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
Petition: CU-2008-AR-13060, Naples Baptist Church, Inc.,
represented by Laura DeJohn, AICP, of Johnson Engineering, Inc.,
requests a Conditional Use in the Mobile Home Overlay within the
Agricultural zoning district (A-MHO) pursuant to 2.03.01.A.1.c.7
of the Land Development Code (LDC). The 4.96 acre A-MHO zoned site
is proposed to permit a Church with a maximum of 12,000 square
feet of floor area. The subJect property is located at 2140
Moulder Drive, Section 30, Township 48 South, Range 27 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.
178 1
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
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
December 8, 2008
<:: - -_._--~- ,
COti.,ll!y"6 reO lli er
CLERK OF THE ClRCtJIT COURT
COLLIER COUNTY COURtHOUSE
3301 TAMIAMI tHAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA ~41O 1-3044
,.
,;.,
"'~' 't~
17B
"
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Ms. Laura DeJohn
Johnson Engineering, Inc.
2350 Stanford Court
Naples, FL 34112
Re: Notice of Public Hearing to Consider Petition:
CU-2008-AR-13060: Naples Baptist Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 13,2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 28,
2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
fu.uA. ~,O.l.
Ann JennejolID,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.colliercIerk.com
Fax (239) 252-2755
Email: colliercIerk@collierclerk.com
December 8, 2008
'eow.,nty.~6reqllier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY ,COURtHOUSE
3301 TAMIAMI l',ijAIL EAST
P.O. BOX 413044 ...
NAPLES, FLORIDA]410 1-3()44
1.,
~r~
178
,
Dwight E. Brock
Clerk of Courts
Clerk ofCoucts
Accountant
Auditor
Custodian of County Funds
Naples Baptist Church
11983 Tamiami Trail N., #154
Naples, FL 34110
Re: Notice of Public Hearing to Consider Petition:
CU-2008-AR-13060: Naples Baptist Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 13, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 28,
2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Cttut ~ 0.(.
Ann Jennejol{J, cr I
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.colliercIerk.com
Fax (239) 252-2755
Email: colliercIerk@colIierclerk.com
1 7 B ~-,
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
CU-2008-AR-13060 Naples Baptist Church
Attachments:
CU-2008-AR-13060.doc; CU-2008-AR-13060.doc
Good Afternoon,
Please advertise the attached on Sunday, December 28, 2008.
~
~
Thank you,
CU-2008-AR-13060
.doc (29 KB)
CU-2008-AR-13060
.doc (28 KB)
Ann
Clerk to the BCC
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.jennej ohn@collierclerk.com
1
Ann P. Jennejohn
178
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday. December 08, 2008 4:51 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT17092.txt: CU-2008-AR-13060 Naples Baptist Church
o
G
ATT17092.txl (231 CU-2008-AR-13060
B) Naples Baplis...
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.
I ega Is@naplesnews.com
1
Naples Daily News
Naples, FL 34102
178 11
Affidavit of Publication
Naples Daily News
--------------~-----~----~---~---~----------------+------~-----------------
148.000 INCH
12/26/08
- - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - ~ - - - - - ~~ ~ n- +- - - - - - - - - - - - ~ - - ~ ~ ~ - - ~ - --
Signature of Affiant C------- ,/ ""l'
Sworn to and Subscribed before me this ~ day of
C...L~, .:-
, \)~V...<l1
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59547301
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: 12/26 12/26
AD SPACE:
FILED ON:
Personally known by me
""''''
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Nol~ry Pubh~ St(;lto of I"lotldo
::'ueilP t: Ficlf3
rv\y CommiSSiOn OD3e2129
L;xplr~s 011D2/2009
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2 0 L>F:
MEMORANDUM
Date: January 23, 2009
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2009-05: CU-2008-AR-13060
Naples Baptist Church, Inc.
Enclosed please find one copy of the document referenced above,
Agenda Item #17B, adopted by the Board of County Commissioners
on Tuesday, January 13, 2009.
The original document will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure
17 B 1
178
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 Oftice 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
exec tion of the Chairman's si ature, draw a line thTOU rautin lines #1 thmu h #4, com lete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Initials Date
List in raolin order
t."
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
l) (3 D'
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one oflhe addressees above, including Sue Filson, need to contact staff for additionaJ or missing
information. All original documents needing the BCC Chairman's signature are to be delivered 10 the Bee office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Court's Office
Z?PJ~'2S2-
18.
\
Phone Number
Agenda Item Number
Number of Original
Documents Attached
Yes
(Initial)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages trom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages trom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
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
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne oliated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time fhune or the BCe's actions are nullified. Be aware f our deadlines!
The document was approved by the BCC on I (enter date) and all changes
made duriug the meeting have been incorporate in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
I: Forms! County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
178
RESOLUTION 09- 05
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH IN THE MOBILE HOME OVERLAY WITHIN THE
AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION
2.03.0l.A.1.c.7, COLLIER COUNTY LAND DEVELOPMENT CODE,
FOR PROPERTY LOCATED AT 2140 MOULDER DRIVE, SECTION
30, TOWNSHIP 48 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. 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
for a Church in the Mobile Home Overlay within the Agricultural Zoning District, pursuant to
Section 2.03.0I.A.I.c.7 of the Collier County Land Development Code, on the property
hereinafter described, and the Collier County Planning Commission has made findings as
described in Exhibit "A" 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 Section 10.08.00.0 of the Collier County
Land Development Code; and
Page I of3
178
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition CU-2008-AR-13060, filed by Laura Dejohn, AICP, of Johnson Engineering,
Inc., representing the Naples Baptist Church, Inc. with respect to the property hereinafter
described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a church
within the Mobile Home Overlay within the Agricultural Zoning District pursuant to Section
2.03.0I.A.l.c.7 of the Collier County Land Development Code, in accordance with the
Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit
"D". Exhibits "B", "C" and "D" 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 13- day of
JaxL.-,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
,
By: ClIUL ~.o C.
At~.i II to .ttiiVuiY Clerk
.t"'.... .. ~ .
, .
By:
, Cliairman
Approved asto,f(lpJ1'"
~egal sufficiency:
\(L It (tv
Heidi Ashton-Cicko
Assistant County Attorney
(...0 0'\
\" !'-,\ ~
,
Page 2 of3
ltem# ~
Agenda \ -I '3-Af]
Dale ~l
=d \... ()(1-?1
~~~~~
,
\
Exhibits (attached): A.
B.
e.
D.
CPI08-CPS.OO864113
178
Findings of Fact
Legal Description
Conceptual Site Plan, entitled, "Naples Baptist Church 2140
Moulder Drive," dated 5/28/08, which is prepared by Johnson
Engineering, Inc.
Conditions
Page 3 of3
17B
~
,~
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETTIaON
FOR
C1J-200S-AJl-13060
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes 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 V' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or _ Affect mitigated by <text>
_ 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)
(should not) be recommended for approval.
DATE:3' L( - Dc(
CIWRMAN:1i\~ ~k
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDnnONAL USE PETnITON
FOR
C1J-2008-AJR-13060
The following facts are found:
I. Section 10.08.00 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:
~o affect or _ Affect mitigated by
_ Affect ca.Iinot be mitigated
D. Compatibility with adjacent properties and other property in the district
Compatible use within district
Yes c// No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
qr J ,(
MEMBER: tJ1-f
EXHIBIT A
178 ,
.
.
.
.
.
.
FINDING OF FACT
BY
COLLmRCOUNTYP~GCONmfiS~ON
FOR
A CONDffiONAL USE PETITION
FOR
CU-2008-~-13060
The following facts are found:
1. Section 10.08.00 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 LanjeVelopment 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 distri~
YesL No
Based on the above findings, this conditional use should, wi
(should not) ecommended for approval.
. uIations, (copy attached)
DATE:
MEMBER:
EXHIBIT A
.~--~-"_.'--___~'""_____'~__'~_"_""'."-"'~""'O"
17 B '
.
.
.
FINDING OF FACT
BY
COLLffiR COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2008-AR-13060
The following facts are found:
1. Section 10.08.00 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: .~ "'M.L"
A. Consistency with the Lan7~opment 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 co. ntrol, and access in:;(ase offi or catastrophe:
Adequate ingress & egress
Yes No.
- -
C. Affects neighporing properties in relation to noise, glare, economic or odor
effects: /
~ affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within distrio/
Yes~ No
Based on the above fmdings, tlris conditional use should, with stipulati
(should not) be recommended for approvaL
DATE: 9~J- rgJ
MEMBER'
EXHIBIT A
/0,) &ii' r (//? <- Iv
17B
.
.
.
,
178
"
.
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
C1J-2008-AJl-13060
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes 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 1 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 injS & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
ejts:
_ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible j within district
Yes_ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
.
DATE:
CHAIRMAN:!/t-n/l~ /Jpf7{ ~
EXHIBIT A
-~-'---_.._.-.._,._-,-----........,.-.._-~.,---
17Bi
FINDING OF FACT .
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2008-AR-13060
The following facts are found:
1. Section 10.08.00 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 V 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
V
Yes_ 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
./
Yes_ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: f'.. ~- 0 S-
MEMBER:
?;;; /4f/-#
.
EXHIBIT A
178
FINDINGS OF FAct
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13060
The following facts are found:
I. Section 10.08.00 ofthe Land Development Code authorizes 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 9-.. 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 <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No_
DATE:~I~
CIL"fRlvIAN:-
EXHIBIT A ~\~
Based on the above findings, this conditional use should, with stipulati s, (copy attached)
(should not) be recommended for approval.
--.--.'.'.'....--...'"'.-<....",--..------*.....--,--
178 .1
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
.CU-2008-~13060
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes 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 _ <>1' cd '....f"--" 0
Yes /No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ect or _ Affect mitigated by <text>
_ 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)
(should not) be recommended for approval.
DATE:.. i/C(/o~
. I
CHAIRMAN:
EXHIBIT A
178
LEGAL DESCRIPTION:
DESCRIPTION: (AS PER OFFICIAL RECORDS BOOK 3458, PAGE 1210)
SOI)TH 1/2 OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE EAST 1/2 of
THE EAST 1/2 OF THE NORTHEAST 1/4, SECTION 3D, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
EXHIBIT "B"
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CONDITIONS FOR APPROVAL
FOR
17 B "
CU-2008-AR-13060
1. The Conditional Use is limited to what is shown on the site plan, identified as "Naples
Baptist Church 2140 Moulder Drive," prepared by Johnson Engineering, Incorporated, dated
May 28, 2008. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings,
structures, and improvements authorized by this conditional use, so long as these minor
changes remain consistent with all applicable development standards.
2. Prior to vertical construction, Naples Baptist Church, Inc., or its successors and assigns,
shall construct to county standards a 20-foot rural paved roadway and a 4-foot wide paved
shoulder from lmmokalee Road to the subject property.
3. The uses shall be limited to Church services and a parsonage. Day care uses are prohibited.
The Church services shall be limited to Sunday, Wednesday evenings, religious holidays
and a maximum of 20 special events per year. Bible study shall be excluded from this
limitation.
4. The site shall not be gated.
EXHIBIT D
G: Current! Gundlach/ Conditional Usesj Naples Baptist Church / Exhibit D Conditions 9-9-08