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Agenda 04/22-23/2008 Item #17D Agenda Item No. 170 April 22, 2008 Page 1 of 56 EXECUTIVE SUMMARY CU-2007-AR-11394, The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, represented by Bruce Anderson of Roetzel and Andress, is proposing a Conditional Use of tbe Commercial Professional and General Office (C-t) Zoning District with a SR 29 Commercial Subdistrict Overlay (C-I-SR29-COSD) and the RSF-3 (Residential Single-Family) Zoning District for a Church/Place of Worship, as provided for in LDC Section 2.04.03, Table 2 of the Land Development Code (LDC). The 16.8-acre site is located at 635 State Road 29, in Section 32, Township 46 South, Range 29 East, Immokalce, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced Conditional Use petition and render a decision pursuant to Section 10.08.00 of the LDC in order to insure that the community's interests are maintained. ,~ CONSIDERA nONS: The petitioner requests approval of a Conditional Use for an approximately 5,730-square-foot, one-story church/house of worship with a one-story, 7,000-square-foot future addition, providing for a total of 12,730 square feet. The church facility is proposed to offer up to three services on Sundays. with approximately 170 congregants at each service. With the eventual completion of the proposed expansion, each Sunday service would accommodate an estimated 230 persons. As shown on the Conceptual Site Plan for the subject Conditional Use (Exhibit C to the proposed Resolution), entitled, "Immokalee Meetinghouse for the Church of Jesus Christ of Latter Day Saints," prepared by Reynolds, Smith and Hills, Inc., and dated March 14,2008, vehicular access to the site would be Provided from SR 29, Pedestrian acccss would be afforded via an existing sidewalk along the property's SR 29 frontage, linking the site to the parcels abutting it to the north and south. The proposed 5,730-square-foot "meeting hall" would be a one-story structure with a maximum zoned height of 35 feet and a steeple whose maximum actual height would be 67 feet, pursuant to LDC Section 4,02,01 D,I ixel17ptions und exclusionsFol17 design stundurds. The structure would be set back approximately 55 feet from the SR 29 right-of-way, with parking and travel aisles sU1Tounding its westcrn and southern sides. The future 7,000-square- foot, one-story addition would have a maximum zoned height of 35 feet and would be attached to the building's northern side. No appurtenances would be allowed on its root: Storn1water management for the church would be handled by a pond located in the nOltheastern comer of the propelty, and a wetland surrounded by a 25-loot vegetated buffer would be preserved in the center of the site, Perimeter landscape bufTers would include a 10-foot wide Type A buffer along the northeastern, nOlthern and western boundaries of the propelty, and a ] 5- foot wide Type B buffer along its southern boundary. A preserve area comprising 15 percent of the presently existing native vegetation on site would be retained or rcplanted in the southwestern comer of the property, - Staff received two letters of objection from property owners of diffcrent parcels to the south of the subject site, only one of which is developed. Both letters expressed concern about the proposed Conditional Use's location on commercially-zoned property near a "main intersection," Page 1 of 4 Agenda item No. 170 April 22, 2008 Page 2 of 56 and its "impact on the future development of this area," The owner of the undeveloped parcel, located approximately 330 feet from the subject property, was particularly concerned about the effect of LDC Section 5.05.01, Businesses Serving Alcoholic Beverages. According to this provision, uses deriving a preponderance of their sales from alcoholic beverages (i.e. bars) can not be located within 500 feet of an established church unlcss a waiver is granted from the Board of Zoning Appeals for a reduction or elimination of this requirement. Therefore, if approved, the owner feared that the proposed church would limit his ability to open a bar once his property was eventually developed unless he sought a waiver from the BZA. However, because of the existence of Life Church oflmmokalee located 460 feet to the northeast of the subject property (please see map in Attachment I of the Supplemental Staff Report), the concerned property owner would already need a distance waiver from the BZA, irrespective of the subject petition's approval or disapproval for the church, Similarly, the other concerned neighbor's commercial property is already located within 500 fect of the existing First Baptist Church of Immokalee, which is just across the street from it. (Furthermore, he would not have been affected by the proposed Conditional Use anyway, as his property is located further than 500 feet from the subject propcrty.) Finally, as noted in the Growth Managcment Plan portion of this summary, below, the Comprehensive Plan does indeed encourage churches in this area ofImmokalee, It should be noted that this item was first heard before the Collier County Planning Commission (CCPC) at their February 7, 2008 meeting. At that meeting, the CCPC voted 6-3 to forward this petition to the BZA with a rccommendation of denial, based on the belief that approval of the Conditional Use would abridge the property rights of tbe one affected commercial property owner, whose property is located approximately 330 feet from the subject site, by restricting his ability to open an establishment earning the majority of its sales from alcohol (i.e. a bar), The petition was thcn forward to the Board of Zoning Appeals (BZA), where at tbe March 11, 2008 hearing, the BZA remanded the itcm to tbe CCPC at the request of the petitioner due to newly discovered evidcnce that the one affected commercial property owner was already located within 500 feet of the Life Church of Immokalee and would, therefore, already need a BZA waiver if he were evcr to open a bar on his site, irrespcctive of the BZA's decision on the subject petition. The details of the petition's second hcaring before thc CCPC and its subsequent unanimous recommendation of approval arc contained in the CCPC Recommendation portion of this summary on page three, FISCAL IMPACT: The proposed church will have no fiscal impact on Collier County. There is no guarantee that the projcct will maximize its authorized level of development; however, if the Conditional Use is approved, the subject property will be developed, and the new development will result in an impact on Collier County public facilities, The County collects all applicable impact fees before the issuance of building pennits to help offset the impacts of each new dcvclopment on public facilities, These impact fees are used to fund projects identified in the Growth Management Plan's Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section I 0.02.07(C) of the Land Development Code, fifty percent of the estimated Transportation Impaet Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Building pelmit review fees are also collecteu before the issuance of any building pennits. Page 2 of 4 Aaenda Item No, 170 ~ Aprii 22. 2008 Page 3 of 56 Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition, GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property, as identified on the Future Land Use Map of the lmmokalee Area Master Plan (lAMP), is designated Neighborhood Center Subdistrict. Areas within this designation are meant to provide centers of activity and contain a mix of uses to serve the needs of the surrounding neighborhoods. The lAMP states, "[t]o achieve a neighborhood character, these centers are encouraged to be anchored by elementary schools, neighborhood scale parks, and/or churches." The lAMP further states that non-residential uses should be at least 20 percent of the size of Neighborhood Centers, As this site is intended to be used for church purposes and meets the relevant criteria, it is consistent with the land use designation of the lAMP, AFFORDABLE HOUSING IMPACT: Approval of this Conditional Use would have no affordable housing impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Conditional Use. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Pursuant to LDC Section 8,06,03 0,1 Powers and Duties, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. As previously stated, a poor quality, non. forested wetland, which would be surrounded by a 25-foot wide vegetated setback, would be preserved in the center of the site; and a preserve area representing 15 percent of the existing native vegetation on site is proposed in the southwestem comer of the prope11y, COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC heard this petition at their April 3, 2008 meeting, and voted 8-0 to forward this petition to the BZA with a recommendation of approval, subject to the following conditions: 1, The Conditional Use is limited to what is shown on tlle Conceptual Plan, identified as "[mmokalee Meetinghouse for the Church of Jesus Christ of Latter Day Saints," prepared by Reynolds, Smith and Hills, Inc., and dated March 14, 2008, The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations, 2, Building height for both the primary structure and the addition shall be a maximum zoned height of 35 feet. One steeple shall be pennitled on the primary structure, and shall have a maximum actual height of no more than 67 feet. 3. All parking shall be contained on-site and shall be limited to 170 parking spaces, 4. The maximum area for all structures on the site shall be 12,730 square feet. 5. Irrespective of that depicted on the Conceptual Plan, the proposed addition shall have a Page 3 of 4 Agenda 11em No. 170 April 22, 2008 Page 4 of 56 35-foot side yard setback along its northem boundary. At this hearing the CCPC also wanted to clarify that at their original meeting it was not made clear to them that the restrictions of LDC Section 5.05.01 only applied to bars in this circumstance. Instead, they were under the erroneous impression that it also applied to restaurants that served alcoholic beverages (which it does not). As such, they wanted to clarify that they were certainly in favor of encouraging restaurants in the County and not bars, as it may have inadvertently appeared, As the vote was unanimous and the two letters of obj ection received by staff have been rescinded, this item is being placed on the Summary Agenda, LEGAL CONSIDERA nONS: Before you is a Conditional Use for an approximatcly 12,730-square foot, one-story church/house of worship facility. A Conditional Use is a use that is permitted in a particular zoning district subject to certain restrictions, Decisions regarding Conditional Uses are quasi- judicial, and all testimony given must be under oath, The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. The petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question the petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public hcalth, safety, welfare, morals, order, comfort, convenience. appearance, or the general welfare of the neighborhood. As a furthcr condition of approval of the Conditional Use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicatcd for public use, subject to appropriate impact fee credits. Approval or denial of the petition is by Resolution, with approval of the Conditional Use requiring four aflirmative votes of the Board.-JAK RECOMMENDA nON: Staff recommends that the Collier County Board of Zoning Appeals (BZA) approve petition CU- 2007.AR.11394, subject to the conditions recommended by the CCPC and incorporated into the attached resolution. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning & Land Development Review Page 4 of 4 Item Number: Item Summary: Meeting Date: Page 1 of2 Agenda :tam No, 17D April 22, 2008 Page 5 of 56 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 170 This Item was continued from the March 11,2008 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- 2007-AR-11394, The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, represented by Bruce Anderson of Roetzel and Andress. is proposing a Conditional Use of the Commercial ProfeSSional and General Office (C-1) Zoning District with a SR29 Commercial Subdistrict Overlay (C-1-SR29-COSD) and the RSF-3 (Residential Single-Family) Zoning District for a Church/Place of Worship. pursuant to LOC Section 2.04.03, Table 2. The 16.8-acre site is located at 635 State Road 29, in Sectlon 32. Township 46 South, Range 29 East. Immokalee, Collier County, Florida. 4/22;2008 900.00 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Date Zoning & Land Development 2/14/20084:28:37 PM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Approved By Zoning & Land Development Review 3/18/20089:05 AM Susan Murray, Alep Community Development & Environmental Services Zoning & Land Development Director Date Approved By Zoning & Land Development Review 3/24/20083:36 PM Judy Puig Community Deve!opment & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 4/10t2008 10:22 AM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 4110/20083:56 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/10/20088:20 PM Approved By OMB Coordinator OMB Coordinator Date file://C:\Af!enda Test\Exnort\ I 05.Anril%2022. %202008\ 17 .%20SLJMMAR Y%20AGENDA... 4/16/2008 Page 2 of 2 AC.F::nda item r'Jo. 170 ~ .!\pril 22, 2008 Page 6 of 5:3 County Mar.ager's Office Office of Management & Budget 4111/20087,52 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 4113/200B 101 6 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/13/20087,30 PM file://C:IAQendaTestIExnortll 05.Anril%2022.%,20200RI 17,%20S1 JMMAR Y%20AGFNDA... 4/11i/200R (i) Agenda Item No, 170 ADrl1 22, 2008 2800 NORTH HORSESHOE D\uy~ 7 of 56 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be completed by staff ABOVE TO BE COMPLETED BY SrAFF APPLICANT INFORMATION NAME OF APPLICANT(S) CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS ADDRESS 50 E. NORTH TEMPLE - ROOM 22 CITY SALT LAKE CITY ST ATE UTAH ZIP 84150.3620 TELEPHONE # 352.243-6771 CELL # FAX # 352.243-6773 E-MAIL ADDRESS: BIBLEJL@LDSCHURCH,ORG NAME OF AGENT MATTHEW VASILEVSKI FIRM WEDDING + STEPHENSON, ARCHITECTS, INC. ADDRESS 300 FIRST AVENUE S. - SUITE 402 CITY Sf. PETERSBURG STATE FLORIDA ZIP 33701 TELEPHONE # 727-821.6610 CELL # 239-248.6272 FAX # 727.894-4216 E-MAIL ADDRESS:MATT@WEDDINGARCHITECTS.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. APPLICATION fOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 AGenda Item No. 170 ~ .I\pril 22, 20Ci8 Page 8 of 56 ASSOCIATIONS Complete the following for all Association{s} affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Nome and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DA Y SAINTS 100% 50 E. NORTH TEMPLE - ROOM 22 SALT LAKE CITY, UTAH 84150.3620 (NOTE: PLEASE SEE ATTACHED AFFADAVITl Agenda Item No, 17D April 22, 2008 Page 9 of 56 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 ,t\:Jsnda Item No. 170 - J\pril 22, 2008 Page 10 of 56 Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject praperty acquired D leased D Term of lease 4/24/2001 yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date . or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed leClClI description of the propertv covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 4001 scale) if required to do so at the pre-application meeting. NOTE: The applicant is respansible for supplying the correct legal description. If questions arise concerning the legal description, an engineerls certification or sealed survey may be required. Section/Township/Range ;nj46 South/29 East Lot: tlL!L- Block: tlL!L-Subdivision: N / A Plat Book 1649 Page #: 798 Property 1.0.#: 00073480000 Metes & Bounds Description: A carcel of crocertv beainnina at iron stake at the intersection of State Road 29 and the South corner of Glidden Proaertv, thence South 00053'41" East a distance of 370,33 feet, thence South APPLICATION fOR PUBLIC HEARING fOR CONDITiONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No, 170 89002'05" West a distance of 1226.95 feet, thence North 00056'02" West a distance of 665.55 feellatie32e2008 Page 11 of 56 North 89" East a distance of 932.76 feet. thence South 00"49'35" East a distance of 294.32 feet, thence North 89"06'19" East a distance of 295 feet to the Point of beainnina. Alllvina and beina in the NE '/4 of the NE ,/, of Section 32, Townshio 46 South, Ranae 29 East. Collier Countv, Florida. SIZE OF PROPERTYi ft. X ft. IN/ A - irregularly shaped parcel) = 729.507 Total Sq. Ft. 16.747 Acres ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 635 STATE ROAD 29 IMMOKALEE, FL 34142 ADJACENT ZONING AND LAND USE Zoning Land use N RSF-3 Sinale Familv Residential S C.3 Shoooina Center E RSF-3 Sinale Familv Residential W C.1 Church/Place of Worshio Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, affach on separate page). Section/Township/Range Lot: Block: / / Subdivision: Plat Book Page #: Property 1.0.#: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL TVDe of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the C.1 zoning district lor Church/Place of Worshie (type of use). Present Use of the Property: None. undeveloeed APPLICATION FOR PUBLIC HEARiNG fOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 ,..saenda Item Il\.JO. 170 ~ April 22, 2008 Page ~2 of 56 EVALUATION CRITERIA Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10,08.00. of the Collier County land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional usel if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Section 2.03.02,a of the LOC identifies C.1 district zoninG as intended to allow land uses that are most compatible with, and located near, residential areas and are able to serve as transitional area from residential areas to areas of hiGher intensity commercial zoninG. Uses in the district are intended to have hiGh traffic volumes and only short.term peak conditions, The proposed church meetinGhouse is well suited to providinG a transition from the residential areas to the north and west of the site to the hiGher density C-3 zoned parcels to the immediate south of the site, as the use will Generate verv little of the increased noise and traffic Generated by commercial uses. Short.term peak traffic conditions would occur only before and after weekly worship services. Section 2,03.02,a also identifies the intended use of C-1 lands to have a localized basis of market support not reGuirinG inter.jurisdictional or reGional support. The proposed church is intended to provide service to the local member population in Immokalee and would not draw members from the larGer church meetinGhouse in Naples. The area of the parcel on which the church meetinGhouse is proposed has a desiGnated Future Land Use Element (FLUE) of Neiqhborhood Center Subdistrict. The Immokalee Area Master Plan (lAMP) describes the purpose of this Subdistrict as: 'The purpose of this land use classification is to provide for centers of activity that serve the needs of the surroundinG neiGhborhoods. The centers should contain a mix of neiGhborhood oriented uses such as day care center, parks, schools, and Governmental activities." AlthOUGh reliqious facilities are not specifically mentioned, their use is similar to the uses mentioned above and is expressly desiGned to meet the needs of the surroundinG community. The lAMP does in subsection (a.) of the NeiGhborhood Center Subdistrict section, describes the intention of the Subdistrict "to be anchored by elementarv schools, neiGhborhood scale parks, and/or churches, In addition, the proposed proiect complies with all of the other criteria set forth for reliGious facilities that are permitted in ZoninG Districts C-2 throUGh C-4 and as a conditional use in the C-1 district (as in this case). b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/) 4/03, rev 5/20/2005 In ress and e ress will be rovided at two locations. The north end of the ro e e~r~~m,.~o'26~~ dedicated entrance/exit which will lead to a 24' wide road with parkinG on both sides. Ti:lElcllOlIl1h,f 56 end of the property will have an access road to the rear portion of the parcel that is to be left undeveloped, From this access road, an entrance to the church parkinG lot is provided leadinG to 14 anGle parkinG spaces. ContinuinG past the parkinG spaces, the motorist will come to another section of the parkinG lot to the rear of the site which connects with the parkinG to the north of the site, The parkinG area to the rear of the site also has an entrance/exit to the access road. Sidewalks are beinG provided around the entire buildinG and connectinG to the sidewalk at the road. Please refer to the site plan for clarification. Pedestrians will be able to safely and conveniently access the buildinG from the road, havinG only to cross the access road at the street to access the buildinG. Flow of the traffic at the south end of the site will be well controlled by the one wav parkinG area, Other two wav areas of the site will be sufficientlv wide at 24' and will have Good visibility. Stops siGns and stop bars are beinG provided where the access roads enter the site and also where the one-wav parkinG area enters the rear parkinG area. Two entrances. sufficient turninG radius for fire department vehicles, and the abilitv to for fire department vehicles to enter and exit the site without havinG to back UP and turn around provide thorouGh access in case of a fire or catastrophe, With most usaqe occurrinq on a Sunday morninG. the proiect would have verv little neqative impact on traffic and community services durinq peak weekday hours. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The proposed buildinq will be bordered bva small shoppinG center the south, a residence located approximatelv 275' to the buildinG's north and a residential street over 1000' to the west. Across the street from the site is a small church with similar use patterns. Noise will from inside of the buildinG will not be heard outside of the property. Minimal noise from yehicles and people enterinq the buildinq is of course unayoidable. Glare will be minimal. It is the church's policy to proYide only the minimum site liGhtinG required by code. The nearby economy will see some sliqht economic impact. mainly occurrinq before and after Sunday services, with some churchqoers patronizinq local restaurants, qrocerv stores. or conyenience stores. Siqnificant odor from the property is not anticipated. d. Describe the site's and the proposed use's compatibility with adiacent properties and other properties in the district: Please see response to question c. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. Yau may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 AasnGa Item ~Jo. 170 o April 22, 2008 Previous land use petitions on the subiect propertv: To your knowledge, has a public hei<!uiJ1g1l;eeIi>6 held on this property within the last year? If so, what was the nature of that hearing? The parcel had a small area of the RSF.3 zoned land immediately to the west of the C.1 zoned land to allow a church/reliaious focility. That conditional use has now expired Additional Submittal reQuirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting, a. A copy of the pre.application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8V,' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such os the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . locations of solid waste (refuse) containers and service function areas, . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, . location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such os height, area, etc.); C. An Environmental Impact Statement (EIS), as required by Section 3,8. of the Land Development Code (LDC). d. Whether ar not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportotion Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre.application meeting; g. A historical and archeological surveyor waiver application jf property is located within an area of historical or archaeological probability (as identified at pre-application meeting); APPLiCATION FOR PUBLiC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 Agenda item No. 17D April 22, 2008 h. The petitioner must provide a letter of no objection from the United States Postal Servi<;l!lgl!'riolt)fQ,6 submittal of the application. Please contoct Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1 200 Goodlette Road Naples, Florida 34102.9998 Phone (239) 435.2122; Fax (239) 435.2160 i. Any additional requirements as may be applicable ta specific conditional uses and identified during the pre.application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/1 4/03, rev 5/20/2005 NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. A;jenda !tem No. 17D !'prll 22. 2008 Paae ~i 6 of ~,6 ~ #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explaininathe prOiect 20 x Application (completed & signed) (download from website for 20 x cu rrent form) "Additional set if located in the Bayshore/Gateway -. I 1 Clang e Redevelopment Area) Addressing Checklist signed by Addressing 1 x Pre-Annlication meetinn notes 20 x Conceptual Site Plan 24" X 36" plus (one 8 Y, X 11 copy) 20 x Copies of Warranty Deed(s) 2 x Completed Owner/Agent Affidavits, Notarized 1 x Environmental Impact Statement (EIS), and digital/electronic x x copy of EIS or exemption justification 7 Aerial Photographs (taken within the previous 12 months) 5 x Statement of utility provisions (with all required attachments & x sketches) 1 Traffic Impact Statement (TIS), or waiver 7 x Historical and Archeologicai Survey, or waiver 4 x Cooies of State and/or Federal Permits x Architectural Rendering of Proposed Structure(s) 4 x Electronic copy of all documents and plans (CORaM or 1 x Diskette) Letter of no objection from the United States Postal Service. x Contact Robert M. Skebe at (239) 435-2122, 1 Applicant/Agent Signature Date APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 ~61~I'lIID~1~E1\.'f1P-B April 22, 2008 Page 17 of 56 Co~-y County "" STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: FEBRUARY 7, 2008 SUBJECT: PETITION CU-2007.AR-l] 394, LOS (LATTER DAY SAINTS) IMMOKALEE CHAPEL CONDITIONAL USE PROPERTY OWNER/AGENT: OWNER: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints 50 E. North Temple, Room 22 Salt Lake City, UT 84150-3620 AGENT: Matthew Vasilevski Wedding, Stephenson, Ibargucn Architects, Inc, 300 First Avenue S., Stc. 402 St. Pctersburg, FL 33701 REOUESTED ACTION: The petitioner requests approval of a Conditional Use in the C-l (Commercial Professional and General Office) zoning district, within the SR 29 Conunercial Overlay Subdistrict (SR29 COSO), and the RSF.3 (Residential Single.Family) zoning district to permit a church/house of worship, as specified in Subsection 2,04.03, Table 2, of the Collier County Land Development Code (We), GEOGRAPHIC LOCATION: The 16.] 8.acre subject parcel is located at 635 Fifteenth Street (SR 29) in Immokalee, which lies on the western side of SR 29, approximately 1,600 feet north of the Lake Trafford Road (CR- 890) intersection, in Section 32, Township 46 South, Range 29 East, Collier County, Florida (see the locator map on the following page). 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'-~~ ~- :" ~ - : -- ,.,.,.,.,.;.;.;..,,:,.,:.;.,,:.,.,.;.,. .Il" ." ____J \~k ll__~- l<l'lW!$ I~i' (1),>0." Hmos !~ - ~ JL',tf'A.,n'~.lIIIl_ (f1),rr'ou' '3."..r"ocs mmlljjmlm~ljl!jjj ! 1 ~jlmm:! jm~mr01jj~ljli1mmjl . ; U!! 1m "OJ !Jli! I,/;! l,l!'.. ill; s~~g~ '~ 9 J' -1 ~ ill g :1 ~;,~!, .. ~ .II -o~~~~m Q "j .H r-! .' ~' ~~ .. !: " !! !j Cs ii'! 0 .' ,I, (f) !l!! 0 '" U ;;/l m lill N f- '" .11 (f) z <{ l U I <( U > 0 W Z ~..J " ,. , II ~, ~ ! co!,!r "j Ii- i.! II! l!. b} I I I I I I I I I I I I I I I I I I I I I ! i~ i i~ i ,~ I I I I I I I ::::s:; I I I I I I I I I I I : ~ I 1 I I I I I , 1M I Agenda Item No. 17D April 22. 2008 Page 21 of 56 PURPOSEfDESCRlPTION OF PROJECT: A Conditional Use for a church was approved in 2002 for a portion of the property (Resolution No. 02-162), but expired on March 26, 2005 due to inactivity (see Exhibit A). The approved church was permitted approximately 12,000 square feet in area plus a 6,000 square-foot addition, with a height limited to 35 feet. The petitioner is now seeking Conditional Use approval for an approximately 10,850-square foot, one-story church/house of worship, with a one-story, 2,800- square foot future addition, providing a total of 13,650 square feet. The church facility would offer two 3,5 hour services on Sundays, with approximately 170 congregants at each service. With the eventual completion of the proposed expansion, each Sunday service would accommodate an estimated 230 persons. The remaining days of the week, the church building would only be used by a maximum of five church members doing clerical work from 6:00 p.m. to 9:00 p.m" and no more than five visitors using the "Family History Center" for genealogy research. As shown on the Conceptual Site Plan for the subject Conditional Use on the preceding page, entitled, "Immokalee Meetinghouse Fort Myers, Florida Stake, the Church of Jesus Christ of Latter Day Saints," prepared by Wedding + Stephenson Architects, Inc., and dated March 12, 2007, as revised through January 9, 2008, vehicular access to the site would be provided from SR 29. Pedestrian access would be afforded via an existing sidewalk along the property's SR 29 frontage, linking the site to the parcels abutting it to the north and south, The proposed 10,850 square foot "meeting hall" would be a one story structure with a maximum zoned height of 35 feet and a steeple whose maximum actual height would be 67-feet, pursuant to LDC Section 4.02.01 D.1 Exemptions and exclusions ji-om design standards. The edifice would be set back approximately 55 feet from the SR 29 right-of.way, with parking and travel aisles surrounding its northern, western and southern sides. The future 2,800 square foot, one story addition would have a maximum zoned height of 35 feet and would be attached to its eastern side. No appurtenances would be allowed on its roof. A total of 106 parking spaces would be provided to accommodate both the original and expanded building. Stormwater management for the church would be handled by a pond located in the northeastern comer of the property, and a wetland surrounded by a 25.foot vegetated buffer would be preserved in the center of the site, Perimeter landscape buffers would include a IO-foot wide Type A buffer along the northeastern, northern and western boundaries of the property, and a 15.foot wide Type B buffer along its southern boundary. A preserve area comprising 15 percent of the cxisting native vegetation on site would be retained or replanted in thc southwestern corner of the property, SURROUNDING LAND USE & ZONING: North: East: Single. family home and undeveloped land, zoned RSF-3 SR 29; then Life Church ofImmokalee and a commercial building, zoned C.l and SR29COSD Conunercial retail building, zoned C.) and SR29COSD Single-family homes, zoned RSF-3, South: West: eU-2007-AR-11394 Dale of eepe July 19, 2007 Page 2 of 7 ,,":',Je:-ida item ~~o. ~i 7D - Apri! 22,2008 Page 22 of 56 AERIAL MAP GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property, as identified on the Future Land Use Map of the Immokalee Area Master Plan (lAMP), is designated Neighborhood Center Subdistrict. Areas within this designation are meant to provide centers of activity and contain a mix of uses to serve the needs of the surrounding neighborhoods. The lAMP states, "[t]o achieve a neighborhood character, these ccnters are encouraged to be anchored by elementary schools, neighborhood scale parks, and/or ,churches." The lAMP further states that non.residential uses should be at least 20 perccnt of the size of Neighborhood Centers. As this site is intended to be used for church purposes and meets the relevant criteria, it is consistent with the land use designation of thc lAMP. Comprehensive Planning staff leaves the determination of the compatibility of the proposed use with the surrounding area to Zoning and Land Development Review staff as part of its review of the petition in its totality. ANAL YSIS: Before any conditional use can be recommend to the Board of Zoning Appeals (BZA), the Planning Commission must make a finding that: 1) granting approval of the conditional use will not adversely affect the public interest; 2) all specific requirements for the individual conditional use are mct; and 3) satisfactory provisions have becn made concerning the following matters, where applicable: CU-Z007-AR,11394 Date of CCPC July 19, 2007 Page3of7 Agenda Item No, 17D April 22. 2008 Page 23 of 56 1, Consistency with the Land Development Code and the Growth Managcmcnt Plan. As noted above, this proposal is consistent with the provisions of the Growth Management Plan. Churches/places of worship are allowed with Conditional Uses approval in the C-l and the RSp.3 zoning districts of the LDC. With the conditions of approval included by staff, the proposal may be found consistent with all of the applicable provisions of the LDC. 2, Ingress and egress to the property and proposed structures thereon, with particular rcfcrence to automotive and pedestrian safety and convcnience, traffic flow and control, and access in case of fire or catastrophe. Transportation Planning staff has reviewed the petition and there are no outstanding issues associated with it. As shown on the Conceptual Site Plan on page three, adequate vehicular access to the site would be afforded from a single point of ingress/egress along SR 29, as permitted by the Florida Department of Transportation. The access point would have separated ingress and egress lanes, with the egress throat containing dedicated left and right turn lanes. Pedestrian access would be provided by an existing sidewalk along the property's SR 29 frontage, which links the site to the parcels abntting it to the north and south. Due to the pedestrian naturc of thc Immokalec community, the applicant has agreed to limit parking to a maximum of 106 spaces, including four handicap spaces, to meet the minimum parking requirements of LDC 4.05.04, Table 17 Parking space requirements, which requires a minimum of three parking spaces for every seven seats in the chapel (230 seats!? = 33 X 3 = 99 parking spaces) and four handicapped spaces. An area of earth stabilized with geowebbing, shown to the west of the church building on the Conceptual Site Plan, would be provided to penn it ease of access for emergency vehicles. The Fire Code official's office has no objection to the proposal, and will review the Site Dcvelopment Plan (SDP) upon its submission to ensure compliance with applicable fire codes. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects, . As previously noted, the proposed chur.ch/house of worship would be located across SR-29 rrom another church, approximately 275 feet south of a single.fanlily home, approximately 1000 feet west of a single.family neighborhood, and directly north of a shopping center. Due to this location, the limited nature of the proposed use, and the provision of the required vegetative buffers along the perimeter boundaries, any impacts on surrounding neighbors would be minimized. Additionally, no glare or odor should be generated from the house of worship. No frce.standing signs would be provided on-site; only a small stone sign measuring approximately 2,9 feet by 4.6 feet would be inset into the brickwork of the building. 4. Compatibility with adjacent properties and other property in the district. As previously noted, the proposed church/house of worship would be located across the street (to the west) from an existing church, approximately 275 feet south of a single-family home, approximately 1000 feet west of a single-family neighborhood, and directly north of a shopping center. Due to tlus location, the linuted nature of the proposed use, and the CLJ-2007,AR,11394 Date ofCCPC July 19, 2007 Page 4 of 7 Agenca Item No. 110 ,L\p,il 22, 2008 Pa~e 24 Df 56 provision of the required vegetative buffcrs, any impacts on surrounding neighbors would be minimized and compatibility with the surrounding properties insured. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. As prcviously stated, a poor quality, non. forested wetland, surrounded by a 25.foot buffer, would be preserved in the center of the site; and a preserve area representing 15 percent of the existing native vegetation on site would be located in the southwestern comer of the property, NEIGHBORHOOD INFORMATION MEETING (NIM): (Provided by Linda Bedtelyon, CDES Community Planning Coordinator) The agent/applicant duly noticed and held the required NIM on Dccember 18,2007 at 5:30 PM at the church's temporary site locatcd at 908 Roberts Avenue West in Irnmokalee. The applicant/agent presented an overview of the proposed Conditional Use to ten CUlTent mcmbers of the church, who were the only people in attendance. The applicant, Jim Bible, and agent, Tony Cheung stated the following: . The application proposed an approximately J2,OOO square foot church facility, which would be located immediately north of Winn.Dixie on SR 29; . Access would be from SR 29; . Thc chapel would scat approximately 170 people; and . 15% of the site located to thc south will be a peon anent wetland preserve arca, Thcre were no objections to the proposals voiced at the meeting. However, staff received two letters of objection from property owners of different parcels to the south of the subject ~ite, one of which is developed with a shopping center. Both letters expressed concern about the proposed Conditional Usc's location on commercially-zoned property near a "main intersection," and its "impact on the futurc development of this area," The owncr of the W1dcveloped parcel, located approximately 330 feet from the subject property, was particularly concerned about the effect of LDC Section 5.05.01, Businesses Serving Alcoholic Beverages. According to this provision, uses serving alcoholic beverages can not be located within 500 feet of an established church unless a waiver is sought from the Board of Zoning Appeals. Thcrefore, if approved, the proposed church would limit the potential nwnber of commcrcial uses on his property, once developed. STAFF RECOMMENDATION: Staff rccommends that the Collier COlmty Planning Commission recommend approval of Petition CU-2007.AR-I1394 to the Board of Zoning Appeals, subject to the following conditions: I. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identificd as "lmmokalee Meetinghouse Fort Myers, Florida Stake, the Church of Jesus Christ of Latter DaySaints," prepared by Wedding + Stephenson Architccts, lnc" and dated March 12,2007, as revised through January 9, 2008, The site plan noted is conceptual in nature for conditional usc approval. The final design must bc compliance with all applicable fedcral, state, and county laws and regulations, CU-2007-AR-11394 Dale of CCPC July 19, 2007 Page 5 of 7 Agenda Item No, 17D April 22, 2008 Page 25 of 56 2. Building height for both the primary structure and the addition shall be a maximum zoned height of 35 feet. One steeple shall be permitted on the 10,850-square foot primary structure, and shall have a maximum actual height of no more than 67 feet. 3. All parking shall be contained on-site and limited to 106 parking spaces. 4. The facility shall offer two services between 8:00 a.m. and 6:00 p.m. on SUlldays, with no more than 170 persons per service. Once the proposed expansion is completed, this number may increase to 230 persons per service. Monday through Saturday, the church building shall not be occupied by more than five clerical staff and five non-clerical staff between the hours of 6:00 p.m. to 9:00 p.m. 5. Sigllage on the site shall be limited to one stone sign measuring approximately 2.9 feet by 4.6 feet inset into the brickwork of the church building. 6. Soil samplil'lg results shall be submitted to the County Environmental Services Department for review prior to the next development order. CU-2007.AR.11394 Date ofCCPC July 19, 2007 Page 6 of7 .L\usnda ltem No. 170 - Ap~22. 2008 . Page 26 of 56 PREPARED BY: ':i4vv- ~ / / /7/ rJ 8' JO~DA VID MOSS, AICP, PRINCIPAL PLANNER IDATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: i -lllP~, {tbuLul:- ~ '\ J FFRE A. ATZKOW CHIEF ASSISTANT COUNTY ATTORNEY 1/7..- 8/ Ob DATE ~c>r; RAYBL OWS,MANAGER DATE ENT OF ZONING AND LAND DEVELOPMENT REVIEW x1tU...Un yY), ".P~ ll~s- lOR AUSAN M, ISTENES, AICJ', DIRECTOR I DAti DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ~~.c.~/ ~r'~~ JOSEPH K. SCI MITT, ADMINISTRATOR -- 6ATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION i Collicr COWlty Planning Commission: MARKP, STRAIN, CHAIRMAN DATE Staff report for thc February 7, 2008 Collicr County Planning Commission Meeting Tentatively scheduled for the March II, 2008 Board of County Commissioncrs Meeting Attachments: Exhibit A: Resolution No, 02-162 Exhibit B: Findulgs of Fact Exhibit C: Letters of Objection GU-2007-AR-11394 Dale of ccpe July 19, 2007 Page 7 of 7 Agenda Item No, HD April 22, 2008 Exhibfi'A,27 of 56 RESOLUTION NO. 02. ~ A RESOLUTION PROVIDING FOR nm ESTABLISHMENT OF A CHURCH, CONDIT10NAL USE "2" OF THE "RSF.3 ZONING DISTRICT PURSUANT TO SECTIONS 2.2.4,3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, PLORIDA, CONSISTING OF 5:t ACRES. WHEREAS, the LegislatUle of the Slat. ol Florida in Chapter 67-1246, Laws of Florida, Iltld Chapler 125, Florida Statutes, has conferred on Collier COMfy 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 pllrsuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulatiOn&: for the zoning of particular geographic divisions ot 1he County, among which is the granting at Conditional Uses; and WHEREAS, the Collier County Planning Commission. being the duly appointed and constituted planning board (or the area hereby affected, has held a public hearing a(1er notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" of Section 2.2.4.3. of the RSF-3 Zone for a church on (he property hereinafter described, and has found as a matter oE lact (Exhibit "A") that satisfactory provision and aIT"dI1gemen1 have been made concerning all applic~ble matters required by said regulations and in accordance with Subsection 2.7.4.4 oithe Land DeVelopment Code lor the Collier Connty Planning Commi.ssion; and WHEREAS I an interested parties have been ~jven opportunity to be heard by this Board in a puhlic meeting assembled and the Board haying considered all matlers presented. NOW. TI-1EREFORE, BE IT RESOLVED BY the Board nf Zoning Appw.of Collier COWlty, Florida that: The petition filed by Kathy Morgan of Land Development Consultants, representing The Church of Jesus Clirist of Latter-day Saints, with respect to the propc.r1y hereinafter described as: Exhibit "B'I which is. attached hereto and incorporated by reference herein bo and the sllrne is hereby approved for Conditional Use "2" of Section 2.2.4.3 of the "RSF-311 Zoning Dl:strict for a church in accordanc,; with the Conceptual Master Plan (Exhibit "e") and subject to the following conditions: Exhibit "D" which is attached hercto and incorporated by reference herein. t, r'~~,rlp Pem 'to 170 t'\;:J::::IIU...p . I i o:~l. ",~2 ,~A[)"3 Page 23 'of 56 ~7G Jm IT :FUll'rnBR RBSCLVao Cb~ lbll )A:o[uUnu b. ~ If] \hII' ml~IW or QUI ecll.fll. w.~'u(~ aQ.op'h:d Lficrn:uH.l1'J'.. tt.GOl1d M4m#-jQrl~'YOt& 'OClDDthi~ ~~ 6~~Qr ~_"A"'~ .:UJo:r:, ..~.."~'.'c'~" '. '~"1.~ .../ :r~lt;.JlROClC,CIool; ,';, '<;, 1:\:\ '~i .J. ( '.I~~.' 'r. '.' .~,,'I(-(' .. ldifl .....)f .a.at~'. · A".;ov.d' II J1>..m "l'l c.g.IIMfKl""" rrv';;';JlIl m. titz.~J'<<.~ Mlrjo M. SIOOM!: ' AIil4t42l.tOaWl~""'~ ~:~~ JAM 'COLBTr^.~ ~1''''k,-'''l<1/J11Ul http:// apps ,colli erel erk.eom/B MR/lmageD isplay .aspx ?cache=yes& sessionkey= WLlmageD.., 10/5/2007 Agenda~ i1JcP.fi tD April 22, 2008 Page 29 of 56 " '. IlINOING OFFACT .BY em .1.l1I.l\ COUNTY PLANMNG COMM!llSION JlOa A CONDmONoU, VliE l'ETITION roa "70 -'... Ct.l4ll01-AR.1414 nu.lono~!Get lITO fOUlld: I. SooliCll11.:z.4,U of the LaIllI Dwelopmmrt COOIllllborl=ollha oondlllonol u&& ~. Orantlna lb= ~l!lotta.l \lie wlllllllt Idwnely a!feaIlhI public ~ IZl4 wOl no! llllv~ ItiICl 0lIl..~ or _ m tIle.1llIJI c1f1trlol or IlIl,JUomood b~n on A, CoIlllili0llQ)'1I'illllM I.Incl~~1IllI C;.rJo UlCl Gmvlh ~Plml V.....L No_ B. lDsr- mil O&mt 10 propmr od pI(ll'O~ ~ lhcrnooll w1thput!cular ~ 10 II.llolllOll~ ao4 ~1llI1tJoIy IIId. 00llV1lIllcuall, ttefflo flow and Qonl:rol.lllld_lill _l;Jfllmlll'~ ~w lniroN.t.&tON 'l1lJ-:L NQ_ C. MmlllnelllhOOriniproporlillJ ill ~t1llI'lIiOlte, ~ OOlOIIOIIIig OT OOtll' Hioo\!; -LNG a!fll(lI <II' ~ALta:l mltlpad by_ _Afflll! ~be lIlltfpled D. CoJ:llll4tiblllty with IldJllClllIt JlfOllCll. and clhIr IlI'lIl*o/ 1:1 th. dlmlct: COltlpillb1e Ul4 wlllll~ ~ y,.....L. NQ_ Baed on llla ebov~ iindini.. lhi. OOllllilie>mllll' aho\Il4. Wilh lll.\nIlAlionI, (copy arlaelled) (ehould 1lOf) b, nl/:oltll%JOllded .iQ. .pproval to Iha BU,. OATH, CRAmMAN; KL~ exnJ~l . A" http://apps,collierclerk.com/BMR/I mageDisplay .aspx ?cache=yes&scssionkcy= WLImageD... 10/5/2007 I'" , 1\ ,,,,",,,' t I ~. .1..,) I 1 l I ~ <l ~ i -' II . I __u* . ,- m I 1]. I D..j .. t7c CU.ZGGI-J.,R'1414 r~~41 I( II II t.''''", JI. II ,/,MlinOH 1 . . ;J!:\: ,.,. . ",,; r,"" , i X..j?" ,..~j,..L ~f"::' , 1%,14:511o,r~IJ~" lYI'l 'It <X.lN!.1'IluoTIOll' H';tJt.ir < U rrn 'Iltr t#lIr\)jKlrO rr.t~, .. n(l~ .-.,- s,w.,~'41." Jro>Jl'T'IJ J~"l: ~":'~'.: '~. ,.... " "JenGcph'/.IJ:' fJ,t'11D M1?'Tr ~L" 2:D08 Page 30 of 56 . 1 I i ~ .~' Iii ~ .", i~ a. m' http://apps,collierclcrk.comfBMRlImagcDisplay .aspx?cache=yes&sessionkey=WLlmageD, '. 1015/2007 ~. &XHIIlIT fOe" (POlIO Otte of two) .. l~ .II ~ -""", "fcburc!l ~ -IIU of CDlldHiOl'lJl U" C1).1001-AR-1414 ....1 .. ,"' ,"I~.:~~.ualI- Agenda I?~oftlo April 22, 2008 Page 31 of 56 70 ~ '1 . .., .,. 'c:o;r ~"'.'f.Ioo., R8P-G . '."" ... ---....._--q~ ... "_........~_I llXHlBlT .'C'. (Plli8 2) i I a i " .~.~.,.,_..._- http://apps.colIierclerk.com/BMR/ImageDisplay.aspx?eache=yes&sessionkey~ WLlmageD ... 10/5/2007 """n"' "f#ii~ l'c '''ID "ode, u'Pa e 1'ofd p:c-.I1....2, 2. 08 Page 32 of 56 7C'0. ,~, .) CU-ZDOI-AR-14U I. A oiilowall:, m feet ill wldtll, aiM. sa .~, ftcm tho north p"'pO'ty lin~ 10 ib.. lO\l1h p"'porl)' lIno, ohall b. dlljIlet4d oR 111~ sl14 Povolopmonl pIli/'. 2. PrlOl' to .pprove! "r 1M !lito DlMllcpmOllt I'l.... lllo ~l<<tor IhAll IlUbmlt a Tnllle Imp..~ SWton,ent 10 tho PlIl1llling Sorviccf Dhutor. 3. Prior Ie approval or lllo liiw Dcvole>pmont PllUl, th. potlUoDllt oballwbmil . copy ottho Florida D."lrtmOllt ofTranlllolUtlotl R1iht--of-Way Ptnnit to th.o P!alulina Servicer Dire,ctot. 4. A puool, 0.B1 ."..." 111 riu, r.haJ1 be 4~lctod on If1e !Il~ ~~tlJllnMl PluI u pronltve eroa. p(llOerv~ "'" oaloul.tiOIlB .ball 'bo pmvlde4 on tho Site Dov.lopmOllll'lllll. S. Tho petition... .h.ll clopiol iI\Il&nd~o Moo Olld other le<Iutrod 1M~1Cll!>lna <>II tho 51~ DC>VOlopm""j Pl,n in ,,,,,,rdao,,,, with LaI1iI D$v.lopmllClt Code ot.iJrion ZA. 6. Prior to opprovlll of tho Sll' DOI'olopm....1 Plan, th. pelitkln... ohall ",bmil tho l'ollowins: ~=w.lIot .oIculallOll. o\iM4 and Male<! by a florkla pro!:u81onal "'sIn-, legAl proof tIllI lb. adJ"""'" prnpetty owoor 10 tho weol will llI\Qw w>rmWM~ dlllCborgu from tho I""'pOlod proJecl ofltO IJif/ln,r Pl'Op..-ty, ovi~ th,t lho rna:xitrhlfi1 allowable dllcbarie ratea IIhalL ~ P<'l' Ordlnane. 9NO (n ll111oMcd). 1WI . oopy or lho Smlth PI.rid. W.teI; MIIllaIlMl.nl Dillriot pormlt, permit modillOilUon or wdoor. EXlllBIT "D" http://apps.collierclerk. co m/B MR/I mageDisp lay. aspx ?cache=yes&sessi onkey= W LlmageD. _. 1 0/5/2007 Agenda Item ~Jo. 17D April 22, 2008 Page 33 of 56 Exhibit B FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-11394 The following facts are found: 1. Section 2.04.03, Table 2, of the Land Development Code autborized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by__ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) bc recOlmnended for approval to the Board of Zoning Appeals. DATE:_. CHAIRMAN: Exhibit C Agsnda~~S~Qf"P Kpl ff' __2, Loera Page 34 'of 56 From: Marla Echols [Marla.Echols@theroyalcompanles.com] Sent: Tuesday. January 22, 2008 12:14 PM To: MossJohndavid Cc: Steve Royal; Scott Royal; Derik Royal Subject: CU-2007-2007-AR-11394 (JDM) - RCP Dear Mr. Moss, As land owners adjacent to the property Owned by The Corporation of the Bishop of the Church of Jesus Christ of Latter Day Saints, we have serious objection to the proposed conditional use as proposed in the above mentioned petition. See our property information below. As you well know there are very few properties zoned C3 and C4 in this area and major restriction at a main intersection would cause a devastating impact on the future development of this area. Folio No.! 00074240003 Property Addr.ssll1630 LAKE TRAFFORD RD Own.er Name ROYAL CONSOLIDATED PROPS INC Addresses 802 NW 1ST ST I cityll SOUTH MY II stat.1I FL II Zlpll 33493 - 1601 Le~al 32 46 29 SE1/4 OF NE1/4 LESS N 645.1FT. LEss E 250FT OF S 190FT OF SE1/4 OF NE 1/4 LESS R/W "For more than fO\Jr IInos of Legal Descriptton please eall the Property Appraiser's OfHce. 32 II TownshIp 46 Ii Range 29 Acres II Mop No. lE32 I Strap No. 462932 01l.OOOIE32 SectIon 17.56 I SUb No. I 100 ACREAGE HEADER ,~ Mlllage-"'rea "Il MlIla~. I 1Juse Cod~ 16 IMPROVED COMMERCIAL 5 13.823 I 2007 Final Certified Tax Roll (Subject to Change) Latest Sales History lfall V;lllJes shown below ellllJl.1 0 this p:lrccl WftS ("rCl-ltcd after the Final Tn Roll Amount I S 3,204,900,00 I Land VR[UC (+) Impl"(wed Value I (=) Marlett "RIlle I (.J SOH Exempt 1',1", II II S 1,243,143.00 I S 2A97j1.44.00 I $ 3,740.387.00) $ 0.00 I I Dote II 01/1996 II Book - Page )J~J ~ 328 II II 1/22/2008 Page 2 of2 Agenda Itet11 No. 17D April 22, 2008 Page 35 of 56 (") Ass....d V alu. $ 3,740,387.00 (-) Home.stead and other Exempt Value $ 0.00 (") Taxable Valu. $ 3,740,387.00 SOH = . Save Our Homes" exempt value due to cop on assessment increases. Please keep us advised as to any meetings, proceedings and notices regarding this so we may be provide our input as major developers for this area. You may contact me or Scott Royal at any time, Marla L. Echols for Scott Royal Royal Consolidated Propperties, Inc. The Royal Companies Labelle: 863-675.6599 South Boy: 561-996-8080 ext 21 maria _ echols@theroyalcompal1ies.com 1/22/2008 .. ~--"-1"'"", ""~f1rD n~C;;;II',."j .f"'db;,"" '1''\~ I ApClI 22, 2008 Page 36 of 56 ' MossJohndavid From: Marla Echols [Marla.Echols@theroyalcompanies.com] Sent: Tuesday, January 22, 200812:10 PM To: MossJohndavid Cc: Scott Royal; Derik Royal; Steve Royal Subject: CU-2007-2007-AR-11394 (JDM) Dear Mr. Moss, As land owners adjacent to the property Owned by The Corporation ofthe Bishop of the Church of Jesus Christ of Latter Day Saints, we have serious objection to the proposed conditional use as proposed in the above mentioned petition. See our property information below. As you well know there are very few properties zoned C3 and C4 in this area and major restriction at a main intersection would cause a devastating impact on the future development of this area. Folio No.11 00076960006 Property Addressll NO SITE ADDRESS I Owner NElmel QKEECHOBEE INN LTO I Addresses 802 NW 1ST ST I City I SOUTH BAV II State I Fl II zipl 33493 -1601 Legal 32 46 29 S 322.6FT Of N 64S,lFT OF 5"14 OF N"14, LESS R!W 9.04 AC OR 812 PG 1105 .For mDre than four lines of Legal Description please call the. Property AppraIser's Office. Section Township Range Acres Map No. I Strap No. n 46 29 9.D4 lE32 462:932 040.00011:32 I Sub No. 100 ACREAGE HEADER II .I{iJ Mill.~E~.Al!'!,~ II -1iMk~ I ~Use Cqdo 10 VACANT COMMERCIAL II S II 13.823 Please keep us advised as to any meetings, proceedings and notices regarding this so we may be provide our input as major developers for this area. You may contact me or Scott Royal at any time. Marla L. Echols for Scott Royal Okeechobee Inn, Ltd. Labe/le: 863-675-6599 South Bay: 561-996-8080 ext 21 maria. ec ha Is@therayaleampanies.com 1/22/2008 RESOLUTION 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLlER COUNTY, FWRIDA, RELATING TO PETITION CU.2007.AR-Il394, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCHlPLACE OF WORSlllP WITHIN A COMMERCIAL PROFESSIONAL AND GENERAL omCE ZONING DISTRICT WITH A SR29 COMMERCIAL SUBDISTRICT OVERLAY (C-I, SR29-COSD) AND A RSF.3 RF~~IDENTIAL SINGLE-FAMILY ZONING DISTRICT FOR PROPERTY AT 635 STATE ROAD 29, IN SECTION 32, TOWNSIDP 46 SOUTH, RANGE 29 EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Horida in Chapter 67-1246, Laws of Florida. and Chapter 125. Florjda S~atutes, has conferred. on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of tbe public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) which include.1i a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of tlte County, among which is the granting of Conditional Uses~ and "\VHEREAS, the Petitioner is requesting that the Board grant it a conditional use to operate a Church meetinghouse at 635 State Road 29 in Immokalee, Florida, on land within the Commercial Professional and General Office Zoning District with a SR29 Commercial Subdistrict Overlay (C-I, SR29-COSD); and WHEREAS, the Board of Zoniog Appeals (Board) has held a public bearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional '. 1}se to allow, pursuant to Land Development Code (We), Section 2.04,03, Table 2, a Church meetinghouse on property zoned C-l and SR29-COSD and RSP-3 Residential Single-Family, and hereinafter descdbed, and the Collier County Planning Commission has found as a matter of fact (Exhibit "N') that satisfact(Jry provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1O.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by thil': Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COIJNTY, FLOR..TDA, that: PetitiDn ClJ-2007-AR-11394, filed by Matthew Agenda Item No. 17D April 22, 2008 Page 37 of 56 Vasilevski of Wedding, Stephenson, & TIJarguen Architects. repre~enting Corporation of the Presiding Bishop of the Church of Je!>us Christ of Latter Day Saints with respect to the pr.operty described in Exhibit "S," attached hereto and incorporated by reference herein, be and the same is hereby approved for a Conditional Use for a Church meetinghouse, pursuant to LDC Section 2.04.03, Table 2. on property zoned C-l and SR29,COSD and RSF.3 Rcsidontial Single-Family. in accordance with the Conceptual Master Plan (Exhibit "e") and subject to the conditions set fory:h in Exhibit "D," attached hereto and incorporated by reference herein. DE IT FURTHER RESOLVED that this Resolution relating to Petition Number CU~ 2007-AR-11394 be recorded in tile minutes of this Board. This Resolution adopted. after motion, second and super-majority vole, this day of .200&. ATTEST: DWIGlIT E. BROCK, Clerk BOARD OF ZONING APPBALS COl1..IER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, CHAlRMAN, Approved as to fonn and legal sufficiency: Jelfroy A. Klatzkow Managing Assistant County Attorney Attachments: Exhibit A: Collier County Planning Commission Finding5 of Pact Exhii>it B: Legal Description Exhibit C: Conditional Use Conceptual Site Plan Exhibit D: Conditions of Approval /\C9nCa item No. 17D ~ April 22, 2008 Page 38 'of 56 Agenda item No. 17D April 22, 2008 EXHW~<k9 of 56 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-1l394 The following facts are found: 1. Section 2.04.03, Table 2, 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 propelty or uses in the same district or neighborhood because of: A. Consisteney 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 effecls: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent propelties 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: CHAIRMAN:. /\Jsn:a item t~o. 17D ~ April 22. 2008 Pa'}8 40 'of 56 CU-2007-AR-11394 Metes & Bounds Description A parcel of property beginning at iron stake at the intersection of State Road 29 and the South corner 01 Glidden Property, thence South 00053'41" East a distance 01 370.33 feet, thence South 89002'05" West a distance of 1226.95 leet, thence North 00056'02" West a distance 01 665.55 leet, thence North 89004'05" East a distance of 932.76 feet, thence South 00049'35" East a distance 01294.32 feet, thence North 89006'19" East a distance of 295 feet to the Point of beginning. All lying and being in the NE 14 01 the NE 14 of Section 32, Township 46 South, Range 29 East, Collier County, Florida. Exhibit "B" DCO'!) ~O'" ...:.- 0,- NO N~ N'" E= Q) 2lo.g> -<Co.. ro '0 ~ Qi Q) <C , i " ", ~~~ .7-,,_~:J;;7-".C -------- ~ ~ ! ! 1"' ~ !I " II ~ .;, :;)ij!" OSU * ~i~! z ~a w, is ' < a- '3 "!"l'! .., lS'; . ~ ~olnl ~ I!ll "- !I I. 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C1l '0 c: (l) OJ <>: -"",',"';'-',','; iillii~iiii!!~~il11Elfi;!ll!iB~illlli.i!~~~ i ill'" ').1'1...... I. !~ Ib~ -I il ___.___--<-- .. ---1'- !~ I' ''''<""""",,,,,,'1. """Tlfz:w..;c,,,, ~j~~jiij~j~i~ij~~~~ j j ~ji!~j~i~: ijjuHH~ji~;t~j~jj~Ui!ii I po II n. II- ~ ~ Is !,~ ~~~ i ~I~ ::J , ~ H !,ql~,l -ll\i:lli~'!! II !li1lagl;;- .------ ./.! !ll'" '!'l"! 'I V,j; 'liI,~,;;,;;IJI lI'ffll); J(ll,..-R-JIOIV....lIll'1dUo1 i"'Plq ~:d~m~m~~~~mm~~~mH ~ -,-~" i mi ;1'1 . .~ 2 ~" o . . . . ! . 3 I ! c: H - > ~~~ I:! j!- ii! 1,1 I!; .) 1'1' .q 0 " l$!~r {fJ I!ll 0 ~~~ u ;~i! (J) 1'"' .,. N e- m 0:: (fJ Z <>: \ U I <>: u > C) W Z 0 N ~. 1-;11 . ill' II H r'o.. 'II; i. , III!, '" " !i ,. Ii ........:1 i~"! . nU~' . T ~ . .~.~~"'_.1 Cj - +- Agenda Item No. 17D April 22, 2008 ExhibifEQe 43 of 56 DEVELOPMENT CONDITIONS CU-2007-AR-11394 January 22, 2008 I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Irnmokalee Meetinghouse Fort Myers, Florida Stake, the Church of Jesus Christ of Latter Day Saints," prepared by Wedding + Stephenson Architects, Inc. , and dated March 12, 2007, as revised through January 9, 2008. The site plan noted is conceptual in nature for conditional use approval. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. Building height for both the primary structure and the addition shall be a maximum zoned height of 35 feet. One steeple shall be permitted on lhe 10,850- square foot primary structure, and shall have a maximum actual height of no more than 67 feet. 3. All parking shall be contained on-site and limited to 106 parking spaces. 4. The facility shall offer two services between 8:00 a.m. and 6:00 p.m. on Sundays, with no more than 170 persons per service. Once the proposed expansion is completed, this number may increase to 230 persons pcr service. Monday through Saturday, the church building shall not be occupied by more than five clerical staff and five non-clcrical staff between the hours of6:00 p.m. to 9:00 p.m. 5. Signage on the site shall be limited to one stone sign measuring approximately 2.9 feet by 4.6 feel inset into the brickwork oflhe church building. 6. Soil sampling results shall be submitted to the County Environmental Services Department for rcview prior to the next development order. ~'\iJpn~o.I\,!li'J N0 17D A GEND Ii( 1}~'Pt~12Z'I!z008 Page 44 of 56 Co~r County SUPPLEMENTAL STAFF REPORT FROM: DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: APRIL 3, 2008 SUBJECT: PETITION CU-2007-AR-1 1394, LDS (LATTER DA Y SAINTS) 1MMOKALEE CHAPEL CONDITIONAL USE OWNER: AGENT: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints 50 E. North Temple, Room 22 Salt Lake City, UT 84150-3620 Bruce Anderson Roetzel and Andress 850 Park Shore Drive, 3rd Floor Naples, FL 34103 REOUESTED ACTION: The petitioner requests approval of a Conditional Use in the C-I (Commercial Professional and General Office) zoning district, within the SR 29 Commcrcial Overlay Subdistrict (SR29 COSD), and the RSF-3 (Residential Single-Family) zoning district to permit a chmchlhouse of worship, as specified in Subsection 2.04.03, Table 2, of the Collier County Land Development Code (LDC). PROJECT 81' ATUS: The CCPC heard this petition on February 7, 2008, and voted 6-3 to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of (knia1. The Planning Commissioners opposed to the Conditional Use were concerned about abridging the property rights of one commercial property owner, whose propeliy is located approximately 330 feet from the subject property and, therefore, would have its potential use of a bar restricted once developed due to being within a SOO-foot radius of a church, pursuant to LDC Scetion 5.05.01, Businesses Serving Alcoholic Beverages. However, if approved by the BZA, the Planning C0111111ission recommended the deletion of the following development conditions contained in Exhibit D of the staff report: Supplemental r~eport LDS Immokalee CU-2007-AR-!2248 Page 1 of4 Agenda Item No. 17D April 22, 2008 Page 45 of 56 I. Services shall be on Sundays between 8:00 a.m. and 6:00 p.m., with no more than 170 persons per service. Once the proposed expansion is completed, this number may increase to 230 persons per service. Monday through Saturday, the church building shall not be occupied by more than five clerical staff and five non-clerical staff betwecn the hours of 6:00 p,m. to 9:00 p.m. 2. Signage on the site shall be limited to one stone sign measuring approximately 2.9 feet by 4.6 feet inset into the brickwork of the church building. 3. Soil sampling results shall be submitted to the County Environmental Services Department for review prior to the next development order. On March II, 2008, at the request of the applicant, the BZA continued this item and remanded it back to the CCPC, The applicant's new agent claims there is now evidence, as confirmed by a survey, that the commercial property owner who would be affected by the church is already within 500 feet of the existing Life Church of Immokalee, located east of the subject site (please see Attachment 1). Therefore, the commercial property owner is already precluded from opening a bar on his site unless he requests and is granted a waiver from the Boa.rd of Zoning Appeals (BZA) as provided for in LDC Section 5.05.01.A.6. As such, he would not be affected by the approval of the proposed Conditional Use, The applicant has also submitted a revised site plan that relocates the proposed addition and parking (see Attachment 2). Staff has no objections to these changes. For additional information, plcase refer to the original Staff RCpOlt submitted for the February 7, 2008 CCPC hearing. SUPPLEMENT AL ANALYSIS: The changes made in the legal advertising and notice documents as well as the proposed Ordinance were completed to correct ambiguities to ma.ke the proposed action more clear, Staffs position has not changed since the original staff repOlt was prepared, however the staff recommendation has bcen reiterated below for simplicity's sake. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2007-AR-11394 to thc Board of Zoning Appeals, subject to the following conditions; I. The Conditional Use is limited to what is shown on the Conceptual Site Plan, idcntified as "lmmoka1ee Meetinghouse for the Church of Jesus Christ of Latter Day Saints," prepared by Reynolds, Smith and Hills, Inc., and dated March 14, 2008. The site plan noted is conccptual in nature for conditional use approval. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. Building height for both the primary structure and the addition shall be a maximum zoned Supplemental Report LDS lmmokalee CU-2007-AR-12248 Page 2 of 4 Agenda Item No. 17D April 22, 2008 Page 46 of 56 height of 35 feet. One steeple shall he permitted on the lO,850-square foot primalY stmcture, and shall have a maximum actual height of no more than 67 feel. 3. All parking shall be contained on-site and limited to 106 parking spaces. 4. Soil sampling results shall be submitted to the County Environmental Services Depmtmcnt for review prior to the next development order. Condition No, 4 has been retained in spite of the Planning Commission's prior recommendation to delete it as soil sampling is an LDC requirement for projects necessitating an Environmental Impact Statement and, as such, can only he waived by the BCe. Supplemental Report LDS Immokalee CU-2007-AR-I2248 Page 3 of 4 PREPARED BY: ;fi~-Mh.-- JO -DA VlD MOSS, AlCP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW RE MARJ ASSIS ~ RAY B S, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ '--(n , ~/^~ ...-/SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: EPH K. SCHMITT MMUNITY DEVELOPMENT & ENVIRONMENTAL ERVICES DIVISION ADMINISTRATOR Agenda Item No. 170 April 22, 2008 Page 47 of 56 3Il)/D'K DATE ! ?!~ J<J "'-TEl 3/0lnr-. / D4TE G/;~/of DATE "-7/ti< Tentatively scheduled for the April 22, 2008 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: Attachment I: Distance from commercial property owner's site to Life Church Supplemental Report LDS Immokalee CU-2007.AR-12248 Page 4 of 4 .~ t::l ,~ ;: ~ ...I J OCtO ~ ~ 0:: 0'-0 '0 '" " b ~ E 0_ ~ '" m " gi N 0 ," ~ '" c ~ :J c '" 3 ~ I . OJ gj-o- iJ ~ ~ I- ~ D " " ~ 0 '" CI) OJ N ,. 5 0 ro 'C 0) " z u ~ ill ?: I ~ 0.", 2. ~ .~ ~ " c 5 .......u... 0 W z ~ :? a.. '" E ~ ~ 1; 0 ~ ~ w ~ C/J ..J x [{ a: >< <': u <i a.. 0 s: " ~ (~~'~l ---1 '0 I I a: 0 D h~>i I I C ~ a.. 0:: >> N I'",,,, I I ID "~~ t',~::~:<:1 ' I ~ <r I"~~ I,' : ' I~ ...<~~<>:: ,..-,.j , ... --... l...__ 1"<1 L~:l;i,n \1oou~11C 'tw.jl'}lrno:.1 ^VUI9'(I;d....,(>()oIJ\~'"qlL{X"'\8"IKIIU-~CUIUJI s(n,~JllIl) SOl\ci\:n Agenda Item No. 17D April 22, 2008 Page 49 of 56 RESOLUTION 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION CU.20U7-AR-1l394, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCHJPLACE OF WORSHlP WITHIN A COMMERCIAL PROFESSIONAL AND GENERAL OFFICE ZONING DISTRICT WITH A SR29 COMMERCIAL SUBDISTRICT OVERLA Y (C.I, SR29.COSD) AND A RSF-3 RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT FOR I'ROPERTY AT 635 STATE ROAD 29, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, IMMOKALEE, 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) which includes a Comprehensive Zoning Ol'dimmce establishing regulations for the zoning of particular geographic divisions.of the County, among which is the granting of Conditional Uses; and WHEREAS, (he Petitioner is requesting that the Board grant it a conditional llse to operate a Church nH.:elinghou~e at 635 State Road 29 in Immokalec, Florida, on land within the Commercial Professional and General Office Zoning District with a SR29 Commercial Suhdistrict Overlay (C-l, SR29-COSD); and WHEREAS, the Board of Zoning Appeals (Board) has held fl. public hearing after notice as in said regulations made and provided, and has considcreu lhe advisability of a Conditional Use to allow, purs.uanl to Land Develupment Code (LDC), Section 2.04.03, Table 2, n Church meetinghouse on property zoned C-I and SR29-COSD and RSF-3 Residential Single-Family. and hereinafter described, and the Collier County Planning Commission has fouod as a matter of fact (Exhibit "All) that satisfactory provision und arrangement have been made concerning all applicable matters required by said regulations and in accordance witb Subsection IO.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 m~eting assembled and the Board having considered all matters presented. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition CU-2007-AR-1I394, filed by Matthew Agsnda Item No. 17D April 22, 2008 Page 50 of 56 Vas-i1cvski of \Vedding, Stephenson, & Ibargucn Architects, representing Corporation of the Presiding Bi.shop of the Church of JeSllS Christ of Latter Day Saillts with respect to the pr.opcrly described in Exhibit "B," attached hereto and incorporated by reference herein, be and the same is hereby approved for a Conditional Use for a Church meetinghouse, pursuant to LDC Section 2,04.03, Table 2, on propClty zoned C-l and SR29-COSD and RSf-3 Residential Single~Famil)', in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions set forth jn Exhibit "D," attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution relatillg to Petition Number CU. 2007~AR~] 1394 be recorded in the minutes of this Board. This Resolution adopted after moLion, s~cond and super-majority vote, this day of ,2008. AtTEST: DW)OHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By:._____ fly: , Deputy Clerk TOM HENNING, CHAIRMAN Jeffre Mana . K lzkow 19 A istunt County Attorney Attllchrnents: Exhibit A: Collier County Planning Commission Findings of Fuet Exhibit B; Legal Description Exhibit C: Conditional Use Conceptual Site Plan Exhibit D: Conditions of Approval ,.. Agenda Item No. 17D April 22, 2008 EXHIfrlflA 51 of 56 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-1l394 The following facts are found: 1. Section 2.04.03, Table 2, 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 properly or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Managemcnt Plan: Yes No B. Ingress and egress to property and proposed structures thereon with patticular reference to automotive and pedestrian safcty and convenience, traffic flow and control, and acccss in case of fire or catastrophe: Adequate ingress & egress Yes No C, Affects neighboring propelties in relation to noisc, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cmmot be mitigated D. Compatibility with adjacent properties and othcr 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: CHAIRMAN: Agenda Item hJo. 17D .i',-pril 22, 2008 Page 52 of 56 CU-2007-AR-11394 Metes & Bounds Description A parcel of property beginning at iron stake at the intersection of State Road 29 and the South corner of Glidden Property, thence South 00053'41" East a distance of 370.33 feet, thence South 89002'05" West a distance of 1226.95 feet, thence North 00"56'02" West a distance of 665.55 feet, thence North 89004'05" East a distance of 932.76 feet, thence South 00049'35" East a distance of 294.32 feet, thence North 89006'19" East a distance of 295 feet to the Point of beginning. All lying and being in the NE }-;\ of the NE }-;\ of Section 32, Township 46 South, Range 29 East, Collier County, Florida. Exhibit "B" ii:~~ i53~ljl Ill: .. ffi '! ~ao~~~ t. ~i:!i!lirjc: U l~~~. >l !f~~ ., ~~. i 0 : e.~ h,s!i ~ ~~" !'~~-iJ ii"IJ~ IH~':.!,. _ gJ' IOU! ~i f4 en <~ eJOIL>-4 .::> .~ i-:S;/ ~V,) ~::;1: 'Cl t"'3 ';!.! ~o . j- . ~ ". I! ,. ". R , , l z !! 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I , I , [ i I : ~~l ! l ;"1 I' .', I' , h\;--;.':' 1 ~ ,~n~:i -1' '. . 1\ II , 1._. Ii ii I I. I [~"'i:.~.co:-'~:=:=:-"--:~.-.jl~~~:~-:~:-~~~r~:~tji'\/-' 'I t a I ~ ",.:' " ;.....~,',;r I : tt~ ,I?f I >;.,;.:";,,.~.. :11 I i J 1 ~~if;''': :~: \~ :-.':~:-_-:::':_'?-: :-.-::: -:-.7::~~:=:=_-:-;- ;~-::- -::::::-::-:. ::::~":-:- -/-.. -,,~~ L( __ _ ( I !! ,I "~I -'I il. 'I ~::::,~~.., '. } ! .:': , - ":'E~r,~~ d t! ;"" , --_:::.... - ----- - ---I , ' ,,--,/ , ,"', ,--,".~~;,~:;" --\ , ,- I / I I / / I I ... - - -- - - ....." --.....,- ,/,:~ ' : :-:" '-~~-:-::-'-~-"--'- "..... '- -.. '- /, ' , ' . . . . , 'I~' . ' . ' . ' , ' , "'~...-. I ) , , . , ,!, , . . . ,.1 ( .,/./, .','.'.','.',',','.','./ I , , . . , . . . . . . . Agenda Item No. 17D April 22, 2008 Exhibfroe 55 of 56 DEVELOPMENT CONDITIONS CU-2007-AR-11394 March 17,2008 1. The Conditional Use is limited to what is shown on !he Conceptual Site Plan, identified as "Immokalee Meetinghouse for the Church of Jesus Christ of Latter Day Saints," prepared by Reynolds, Smith mId Hills, Inc., and dated March 14, 2008. The site plan noted is conceptual in nature for conditional usc approval. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. Building height for both the primary structure and the addition shall be a maximum zoned height of 35 feet. One steeple shall be permitted on the 10,850- square foot primary structure, and shall have a maximum actual height of no more than 67 feet. 3, All parking shall be contained on-site and limited to 106 parking spaces. "- ---~-'--'._---"--'---'._'-----"'-'-------' {'7.1 - R.'C-Pt../'tO.'tMwri '+1 ().~/o 8' Exhibit D DEVELOPMENT CONDITIONS CU-2007-AR-1l394 April 9, 2008 1. The Conditional Use is limited to what is shown on the Conceptual Plan, identified as "Immokalee Meetinghouse for the Church of Jesus Christ of Latter Day Saints," prepared by Reynolds, Smith and Hills, Inc., and dated March 14, 2008. The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, stale, and county laws and regulations. 2. Building height for both the primary structure and the addition shall be a maximum zoned height of 35 feet. One steeple shall be permitted on the primary structure, and shall have a maximum actual height of no more than 67 feet. 3. All parking shall be contained on-site and shall be limited to 170 parking spaces. 4. The maximum area for all structures on the site shall be 12,730 square feet. 5. Irrespective of that dcpicted on the Conceptual Plans, the proposed addition shall have a 35-foul side yard setback along its northern boundary. In/r) f)- Jd-. LDS Church i'g,;njiPiI<gei Non7D April 22, 2008 Page 56 of 56 MossJohndavid From: Scott Royal [Scott.Royal@theroyalcompanies.com] Sent: Thursday, April 10, 2008 10:49 AM To: MossJohndavid Cc: Marla Echols; Steve Royal; Oerik Royal Subject: RE: LOS Church Good morning John-David,we are not oppose to the plans for the LOS church in Immokalee. They have provided us or the future property owner of our parcel with a letter to not object to alcohol sales at our site. Thanks for your assistance with this case, Scott Royal From: MossJohndavid [mailto:JohndavidMoss@colliergov.net] Sent: Thursday, April 10, 2008 10:26 AM To: Scott Royal Cc: Marla Echols Subject: LDS Church Scott, The applicant's agent, Doug Lewis, has told me that you were going to provide a letter stating that you were nO longer opposed to the LDS Church, Unfortunately, however, I need to have something in writing as soon as possible so that I know which agenda to place the item on when it goes before the Board. So you know, you can simply respond to this email if you'd like. II doesn't need to be anything formal. Emaills just fine! Let me know if you have any questions. My # is below if you'd like to call. Thanks a lot, Jofin-(j)avUf'Moss, A1Cl' l'rincipall'l:ulIler Zoning & Land Devclo]JIllclll Rcview Community Development & Euvironmenta] Scrviccs 2800 N. Horseshoe Drive, Naples, FL (lIllO/I. tel. 239.Cl04.A2Cl7 lax 239.643.6968 4/1 012008