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HEX Final Decision #2025-32HEX NO. 2025-32 HEARING EXAMINER DECISION DATE OF HEARING. August 14, 2025 PETITION. Petition No. CU-PL20240001993, First Haitian Baptist Daycare Conditional Use -To have the Collier County Hearing Examiner (HEX) consider a request for approval of a Conditional Use which modifies prior conditional use approvals in Resolution No. 93490 and Resolution 10-04 to allow for the addition of a childcare center use to an existing Church pursuant to LDC section 2.03.01.A.1.c.11. The subject 4.59± acre property is located at 14600 Tamiami Trail East in Section 12, Township 51 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION The petitioner seeks approval of a Conditional Use which modifies prior conditional use approvals in Resolution No. 93-190 and Resolution 10-04 to allow for the addition of a childcare center use to an existing Church pursuant to LDC section 2.03.0l .A.I ace 119 STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(3) of the Collier County Code %J Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The applicant conducted a NIM on June 2, 2025, at 5*30 p.m. at the First Haitian Baptist Church, located at 14600 Tamiami Trail East, Naples, Florida. Other than the applicant and county staff, there were no attendees. 5. The public hearing was conducted in the following manner: the County Staff presented the Petition followed by the Petitioner, and/or Petitioner's representative, public comment and then Page 1 of 7 rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing. 6. The County Code Sec. 2-87(3) directs the Hearing Examiner to review this conditional use petition by the Land Development Code Section 10.008.1) criteria. The Hearing Examiner shall determine that the conditional use is permissible in the applicable zoning district, and shall make a decision of approval, approval with conditions, or denial of the conditional use. The Hearing Examiner's decision of approval or approval with conditions shall find that the granting of the conditional use will not adversely affect the public interest and will not adversely affect the uses of neighboring properties in the same district; all specific requirements for the individual Conditional Use will be met; and satisfactory provisions have been made concerning the following matters, where applicable:I 1. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). The record evidence and testimony ji°om the public hearing reflects that the LDC allows the proposed Childcare Center cis a conditional use in the Agricultural zoning designation. The request has been deemed consistent with the GMP as summarized in the GMP Consistency Memo. 2. Ingress and egress to the property and proposed structures, particularly toward automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The record evidence and testimony from the public hearing reflects that ing1•ess and egress to the subject property will be provided via the existing drmeway with a deceleration lane on Tamiami Trail East. The deceleration lane hill help ensure there is no stacking along Tamiarni Trail East. Internally, there is a drop-off and pick-up area to accommodate automobile stacking. Transportation Planning staff finds this petition consistent with the GMP. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The r°ecor°d evidence and testimony from the public hearing reflects that the neighboring property to the north is also a Church. The neighboring residential pr°oper•ties to the east, south, and inest are single family residential. The proposed Childcare Center use will occur within the existing Church building. The proposed accessory playground will be in a location that is separated fi°om the neig7�borir�g residences by a 6 foot -high wall, and then a water• managerner�t lake on one side and the existing church building on the other side. This will mitigate for sound There will be no outdoor noise amplification for the daycare services per Condition number 14 in the Conditions of Approval (Exhibit B). 1 The Hearing Examiner's findings are italicized. Page 2 of 7 4. Compatibility with adjacent properties and other properties in the district. The record evidence and testimony fi°oin the public hearing reflects that the proposed Childcare Center is compatible with the adjacent properties in the district. It will be located in the existing Church building. As previously stated, the proposed playground is located away from the single family residences and is separated from them by a 6 foot - high wall and water management lake on one side and the church building on the other side. Furthermore, the petitioner has added a condition that "no outdoor noise amplification for the daycare services shall be permitted. " (Exhibit B) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY. The record evidence and testimony.f°om the public hearing reflects that County staff has revieia�ed the proposed CU and has found it consistent with the Future Land Use Element (FLUE) of the GMP. Transportation Element: The record evidence ar�d testimony f •om the public hearing reflects that in evaluating this project, staff reviewed the applicants' April 23, 2025, Traffic Impact Statementfor consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2024 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states: "The County Commission shall review all rezone petitions, SRA designation applicatr'ons, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) effecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roads-vay segment or adjacent roadway segment that is currently operating andlor is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are cdso approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the follotiving occur: a. For links (roadway segments) directly accessed by the project where project tr°aff c is equal to or• exceeds 2% of tl7e adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant zip to the point i-vhere it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the pr•oject's significant impacts on all roadways. " Page 3 of 7 County staff finds that according to the TIS provided with this petition, the proposed development will generate a projected total of +/- 164 PM peak hour, 2-way trips on the adjacent roadway segments of US-41, Tamiami Trail East. The trips generated by this development will occur on the following adjacent roa-vay link: Link/Roadway Link 2024 AUIR Current Peak 2024 LOS Hour Peak Remaining Direction Capacity Volume/Peak Direction 94.0/Tamiami Trail Triangle Blvd. to C 3,000/East 1,187 East Collier Blvd. 95.1/Tamiami Trail Collier Blvd. to B 3,100/East 11651 East Joseph Ln. 95.2Tamiami Trail Joseph Ln. to C 2,000/East 734 East Greenway Rd. Based on the TIS crud the 2024 AUIR, the subject PUD Amendment cc{r� be found consistent lvith Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway nettivork has sufficient capacity to accommodate this project within the 5-year planning period. Conservation &Coastal Management Element (CCME): The record evidence and testimony ji•om the public hear°ing reflects that Environmental review staff has found this project to be consistent with the Conservation &Coastal Management Elemient (CCME). The project site is 4.59+ acres. The property does not contain native vegetation; no preservation is required. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner, County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 10.08.00.1) of the Land Development Code to approve this Petition, and that approval of this petition with conditions will not adversely impact the public. DECISION. The Hearing Examiner hereby APPROVES Petition No. CU-PL20240001993, filed by Ryan White, P.E. of Davidson Engineering, on behalf of the owner/applicant First Haitian Baptist Mission, Inc., a Florida Not for Profit Corporation, with respect to the property legally described as the subject 4.59± acre property located at 14600 Tamiami Trail East in Section 12, Township 51 South, Range 26 East, Collier County, Florida, for the following: Page 4 of 7 • A Conditional Use (CU) which modifies prior conditional use approvals in Resolution No. 93-190 and Resolution 10-04 to allow for the addition of a childcare center use to an existing Church pursuant to LDC section 2.03.01.A.l.c.11. Said changes are fully described in the Master an attached as Exhibit "A the Conditions of Approval attached as Exhibit "B", the Resolution 1993-190 attached as Exhibit "C", and the Resolution 2010-004 attached as Exhibit "D", and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A —Master Plan Exhibit B — Conditions of Approval Exhibit C — Resolution 1993490 Exhibit D — Resolution 2010-004 LEGAL DESCRIPTION. The subject 4.59� acre property is located at 14600 Tamiami Trail East in Section 12, Township 51 South, Range 26 East, Collier County, Florida. CONDITIONS. 1. The Conditional Use is limited to what is shown on the site plan, identified as "First Haitian Baptist Mission Church Master Concept Plan," prepared by Davidson Engineering, dated August 26, 2009—March 13, 2025.2 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. The uses shall be limited to Church services, Sunday School, Bible Study, and receptions., and Da. care. D. H. ...s at!e rrohibi*�'. 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. 3. The hours of operation on the subject property are: 9-L.89-7:00 a.m. to 9:30 p.m. Sunday through Thursday and 9tW7:00 a.m. to 10:00 p.m. Friday and Saturday. Hours of operation and access for the Day care shall be MondaythroughFriday 7:00 a.m. to 7:00 p m , with no overnight stays or overnight parking outside permitted. 4. Outside music shall be subject to an amplified noise permit. 5. The use of the multipurpose building shall be limited to members of the congregation and their guests. 6. The dumpsters shall be located along the southeast property line, and not immediately adjacent to homes. 7. A minimum of 30% of the parking area shall be grass parking. z Underlined text represents text added and st-riel(en text means text removed. Page 5 of 7 8. The general purpose building shall be limited to one-story and shall not to exceed a zoned height of 35 feet. 9. The petitioner shall acquire a cross access agreement or public access easement to provide a pedestrian interconnection as shown on the Master Concept Plan that connects the Church property to the residential neighborhood to the south prior to Site Development Plan approval. This interconnection shall be shown on the Site Development Plan and shall be constructed prior to the certificate of occupancy for the General Purpose Building. 10. A wall that is a minimum of 6 feet high shall be provided between the Church and the residential land uses shall be provided per the LDC. The church may apply for an administrative fence waiver for that portion of the southeast property line adjacent to the water management lake from US 41 to where the building(s) are located. 11. The maximum total daily trip generation for the CU shall not exceed 164 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 12. The maximum total daily trip generation for the CU shall not exceed 176 two-way Sunday peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 13. For services childcare and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement -approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 14. No outdoor noise amplification for the daycare services shall be permitted. 15. All vehicular stacking shall occur within the development. Pick-up and drop-off vehicle stacking is not permitted on the adjacent roadways. 16. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. Page 6 of 7 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT, DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. August 15, 2025 Date 00 Andrew Dickman, Esq., AICP Hearing Examiner Page 7 of 7 «A» K v W O N QpppVIC V a 0tN�' Uy ©Nia NN�� tRd•Z QNm �N°as" n n oask O N N S U n doK 0 alk � wi2o, ON y10 w x]x V + dorgN U Q W e 4 0 _ G'i in o dd a 0 � n✓;j N a 8 r o 0 zz ���' p o � gg aC z y o � a � g W a dad . >. a�W o0o w ¢ O� a� r o u (q� 5� add Z z,� 2 »> Z V Z OW Oa. u ccO 9Z �woo� 33 c C/C rn <o 0 y" a o <n Q. Nl]PH ��2 CL OC 02 C1 O � xv OJm r� 7 Y T e• O p W e e fi Sn h Rh +Asada a �qt 2 N Q +U. OF �rdn 0 0 be O N N� N co ttD N O LL N N t0 O 00 04 LL lldadadaM N VI fn fn fn � M W M� fn (t� W w Q Q Q Q Q N Q Q Q Q O a to 0 n stood N N N N t00 Lq O O O tJ � Cool 5; � 0 0 N V' wW a a - a LU a w w a a Z a Z 5 0 9N Ma y ad a �a f m a� a rn (n3� N Q F Z O< FQ- Fa- d W In ad O N C�'I FO FO c7t�y�` 0 0 N 0 0 ads Ild Ad J d 8 ., r W Vst st G III uz � r EXHIBIT `D' CONDITIONS FOR APPROVAL FOR CU-PL20240001993 1. The Conditional Use is limited to what is shown on the site plan, identified as "First Haitian Baptist Mission Church Master Concept Plan," prepared by Davidson Engineering, dated August 26, �nno March 13, 2025. 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. The uses shall be limited to Church services, Sunday School, Bible Study, -receptions.-� and Day care. Dom`-c— . ro „Y^'''�*�a. 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. 3. The hours of operation on the subject property are: }:98 7:00 a.m. to 9:30 p.m. Sunday through Thursday and 9!00 7#00 a.m. to 10*00 p.m. Friday and Saturday. Hours of operation and access for the DU care shall be Monda through hrou hg Friday 7:00 a.m. to 7:00 p.m., with no overnight stays or overnight parking outside permitted. 4. Outside music shall be subject to an amplified noise permit. 5. The use of the multipurpose building shall be limited to members of the congregation and their guests. 6. The dumpsters shall be located along the southeast property line, and not immediately adjacent to homes. 7. A minimum of 30% of the parking area shall be grass parking. 8. The general purpose building shall be limited to one-story and shall not to exceed a zoned height of 35 feet. 9. The petitioner shall acquire a cross access agreement or public access easement to provide a pedestrian interconnection as shown on the Master Concept Plan that connects the Church property to the residential neighborhood to the south prior to Site Development Plan approval. This interconnection shall be shown on the Site Development Plan and shall be constructed prior to the certificate of occupancy for the General Purpose Building. EXHIBIT D Page 1 of 2 10. A wall that is a minimum of 6 feet high shall be provided between the Church and the residential land uses shall be provided per the LDC. The church may apply for an administrative fence waiver for that portion of the southeast property line adjacent to the water management lake from US 41 to where the building(s) are located. 11. The maximum total daily trip generation for the CU shall not exceed 164 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 12. The maximum total daily trip generation for the CU shall not exceed 176 two-way Sunday peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 13. For services childcare and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement -approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 14. No outdoor noise amplification for the daycare services shall be permitted. 15. All vehicular stacking shall occur within the development. Pick-up and drop-off vehicle stacking is not permitted on the adjacent roadways. EXHIBIT D Page 2 of 2 EXHIBIT C" MAY 11, 1993 RESOLUTION 93- 190 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH AND ACCESSORY USES TO A CHURCH CONDITIONAL USE IN THE "A" ZONING DISTRICT PURSUANT TO SUBSECTION 2.2.2.3.E OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, Y.he County pursuant thereto has adopted a Land Development Code (ordinance No. 91-1021 which includes a Comprehensive Zoning ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "6" in an "A" zone for a church and accessory uses to a church on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development•Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Hoard 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 coiner County, Florida that: The petition filed by Dr. Neno J. Spagna of Florida Urban -1- MAX 11, 1993 Ynstitute, Inc., representing First Haitian Baptist Mission, Inc., with respect to the property hereinafter described as: Exhibit "8" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "6" of the "A" zoning district for a church and accessory uses to a church in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: A. The Current Planing Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). B. This project shall be subject to Site Development Plan (SDP) approval in accordance with Division 3.3 of the Collier County Land Development Code, C. This project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. D. This project shall be designed in accordance with south Florida Water Management District rules for water quality. E. The use of grassed surfaces, with a stabilized subgrade, , shall be limited to the parking spaces. All parking aisles shall be paved. The stormwater calculation$ shall consider all of the parking areas as impervious surfaces. F. Connection to the existing water facilities within the u.s. Al right-of-way is required and shall be Completely illustrated on the final site plans. Supporting engineering construction drawings, showing location, configuration, and size, shall be provided at the time of SDP review. G. Prior to Final SDP approval, a letter from, Rookery Bay ' • Utilities shall be submitted stating that the District ' has reviewed and approved sewer facilities construction documents for service to the project. H. The developer shall provide a letter verifying compliance with Collier County Ordinance No. 80-112 regarding the availability and adequacy of sewer service for the project at the time of building permit submission. I. The location and size of all water meters shall be shown. J. Prior to Final SDP approval, a letter of water availability from the Collier County Utilities Division shall be provided. K. The developer shall be subject to all applicable environmental sections of the Collier County Land -2- .� MAY 11, 1993 Development Code in effect at the time of final development order. L. All work on the access driveway shall be subject to a Florida Department of Transportation (FDOT) permit. M. Left and right turn lanes off of U.S. 41 shall be provided at the project access as part of the roadway permitting, unless denied by the State of Florida Department of Transportation. N. Artezial level street lighting shall be provided at the entrance drive. ' O. A Eira protection water supply (fire hydrant) shall be provided and located within 500 feet of the structure measured as fire apparatus would lay out the hose. (Reference: NFPA 1:3-5.5 and Collier County Ordinance Number 92-72). BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Resolution and moved for its adoption, seconded by Commissioner Norris and uppn roll call, tha vote was: AYES: Commissioner AiatChews, Commissioner Norris, Commissioner Volpe, YSCommissioner Constantine and Commissioner Saunders NA: ABSENT AND NOT VOTING: ABSTENTION: Done this ilth day of _ May , 1993. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA • } JJA;1J of BY: 6U RT L. SAUNDERS, CHAIRMAN *ATTEST: •w 6 VWIGHT E. MOCKC CLERK (ON ••.: _ .s mot^ C. Aft O uEDO AS ,' O . FORM AND LEA SVJTT ENCY: lllhx4neitW. nv,* MARJORVE M. STUDENT ASSISTANT COUNTY ATTORNEY CU-92-17 RESOLUTION nb/9154 -3- MAY 11, 1993 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-92-17 The following facts are found: 1. Section 2.2.2.3.E of the Land Devlopment 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 ManagemeJelt Plan: Yes v No Be 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 ingres & egress Yes No C. Affects neighboring properties in relation to nois0 glare, economic or odor effects: V No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the ,district: Compatible u9t within district Yes ti/ No Based on.the above findings, this conditional use should; with stipulations, (copy att� Chad) (should not) be recommended�lfor approval �tIA 4 " . BATE• 157/�� J0,t/L /J CHAIRM i. FINDING OF FACT CHAIRMAN/md B1iHIBI'P "A" 9XHXa ; o • •It I go 4 go woo* : ioatxc: • X IN IL b • • • • •.•_•.•`•� N of 00 • . •PIP • y • •• '. �'� to b 6. ; �_► • •set 4,•, 0 r. or §` 8 adeep It got a - Y le be v f ;. 6661 ' It xdrl RESOLUTION N0. 10-_04 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF A CONDITIONAL USE TO ALLOW THE ADDITION OF 1,550 SQUARE FEET TO AN EXISTING CHURCH BUILDING AND ADDING A NEW 19,281 SQUARE FOOT GENERAL PURPOSE BUILDING WITHIN THE AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.O1.A.1.C.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 14b00 TAMiAMI TRAIL EAST IN SECTION 12, T'OWNSHiP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter b7-1246, 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. 200441, 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, by Resolution No. 93-190, a copy of which is attached hereto as Exhibit "A," the Board of County Commissioners approved a Conditional Use for the establishment of the Conditional Use for the First Haitian Baptist Mission, Inc. pursuant to Section 2.2.2.3.6 of the then -current Zoning Regulations, subject to a number of conditions; 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 the expansion of the Conditional Use to allow the addition of 1,550 square feet to an existing church building and the construction of a separate 19,281 square foot general purpose building within the Agricultural (A} Zoning District pursuant to Subsection 2.03.O1.A.1.a7 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been PL2009-0000170 Rev. 12/ 17J09 I of3 met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, ati interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number PL2009-0000] 70 filed by Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing First Haitian Baptist Mission, Inc, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for the addition of 1,550 square feet to an existing church building and adding a new 19,281 square foot general purpose building within the Agricultural (A) Zoning District pursuant to Subsection 2.03.O1.A.l.c.7 of the Collier County Land Development Cade, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "D". Exhibits "A", "B", "C" and "D" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces Resolution No. 93-190, excepting the conditions set forth therein, which are incorporated by reference into this Resolution, and that the remainder of Resolution No. 93-190 is accordingly repealed. Board, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super -majority vote, this � day of 2010. ATTEST: DWIGHT �.�BR`OCK;, CLERK .,, I3 � , � �\`�„�� ' �ti,�st �a� t,�,���k ilgtta�ure on �:'�' . PL2009-0000170 �� BOARD OF ZONING APPEALS COLLIEI�,COUNTY, FLORIDA .r . ! II. , !. .� DONNA FIALA, Chairman Rev. I2/ 17/09 2 of 3 Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney Attachments; Exhibit A: Resolution 43-190 Exhibit B; Legal Description Exhibit C: Conceptual Site Plan Exhibit D: Conditions of Approval CP\09-CPS-00957\33 PL2009-0000170 Rev, (2/17/09 tUIY 11, 1993 REso�,UT7ox 9�� 190 . , a RESOLVTTON PROVIDING FOR THE ESTABLISHMENT OP A CHVRCft aND ACCEssoRY vsES To a CHURCH CONDITIONAL tJ8$ IN xtCE ^a• ZONING DISTRICT' PURSUANT TO SVHSEC't'IOH 2.x.2.9.6 OF THE COLLIER COUNTIC i.RND DEVET.OP2fENT CODE FOR PR08ERTY LOCATED IN SECTION ia, TOWNSHIP 5I SOUTH, Rl4NGE 2S EAST, COLLIER COS7NT1(, FIARIDA. W}iERE71S, the Legislature of the Stdtt of Florida in Chapter 6?-1246, Lave of Florida, and Chapter 1?S, Florida statute9, has conferred on Collier County the power to establish, coordinate and tntorct Boning and such buainese regulations as era necessary for the protection of the public; and WHEREAS, the County pursuant thereto bay adapted a Land Development Cods (ordinance No. 9i-102) which includes a Comprahenaive Zoning ordinance eatabllshing regttiations for the zoning of particular geographic divislons o! the County, among Which is the granting o! Conditional Uaes; and WH$REA3, the Collier county planning Commission, being the duly appointed and constituted planning board for the area hereby alfeated, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability at conditional Use ^6" in an "a^ wont !or a church and accessory uses to a church on the•propsrty hereinafter described, and has Lound as a tnattsr of fact (Exhibit "A^) that aatiatactory provision • and arrangamtnt'has been mad® Concerning All applicable mnttara required by said regulations and in accordance with subsection 2.�.4.4 0! the Land Developt4ent•Code for the Callier•county Planning Commission; and �' • WHEREAS, all interested parties have been given opportunity to be heard by this eoard in a public meeting aaaetoblad and the Soard having considered all matters pzesented. NOW, THEREFORE BE IT RESOLVED, BY THE BOAAO Op 20NING APPEALS of wilier County, Florida thatt Tho petition filed by Dr. Neno J. Spagna of Florida Urban -1- Page 122-A EXHIBIT A ' . MAY 11, 2993 institute, Inc., reprasentinq first Haitian Baptist Mitaion, Inc., with respect to the property hereinafter described as: • Exhibit "H" which !s attached hereto and incorporated by zetarence herein ba an4 the same is hereby approved for Conditional Use "6" oL the *A" zoning district for a church and accessory uses to a ohurch in accords»an with the Conceptual Raster Pian {Exhibit "c") and subject to tho following conditions: A. The current Planing xenagar, may approve minor changes in the location, aitittg, or height o! buildings, structures, and iaprovementa authorised by the conditional use, Expansion of the uses identified and appraved within this conditional use application, ar najor ahangaa to the site plan subatittad as part o! this appliantioit, shall require the aubmittnl of a new conditional use application, and shall comply xith all applicable County ordinances in effect at the tine of submittal, including Division 3.3, Site Development Plan Raviaw and approval, o! the Collier County Land Development Code, Ordinance {91�1oZ). H. This project shn1Z be subject to Sits bevelopment Pian {SDPj approval in accordance kith Division 3.3 of the Collier County band bevelopment Coda. - C. This project shall be required to meat ail county ordinances in effect at the time final construction documents are submitted for development approval. D. Tbis project snail be designed in accordance with South llorida Hater Hanagenent District rules for water quality. s. Tha use or grassetd surfaces, wlth a stabill2ed subgrade, shall be limited to the parking spaces. All parking ' aisles shall be paved. The stormwatar ealculntionq: shall consider all of the parking areas as impervious surfaces. P'. Connection to the existfng water laCilities within the V.S. 41.right-ot-way is required and aha13 be completely illustrat�gd on the final site plans. Supporting ' cantiguration�nand aise,� shallnba�provided atctheotine of sDP review. G. Prier to 81nd1 SDP approval, a letter from. Rookery Hay . Utilities shall be submitted statingg that the Districti has reviewed an4 approved sewer facilities construction documents Eor service to the project. ' H. The developer shall provide a latter verifying compliance with Collier county ordinance No. 8o-ii2 regarding the availability and adequacy oC sewer servico for the project at the time of building permit submission. I. The location and size of ail water meters shall ba shown. J. Frior to final SDp approval, a Satter of water availability from the Collier County Utilities Division shall be provided. M. Tha developer shall be subject to all applicable � environmental sections of the Collier County Land � ..2 t EXHIBIT A • MAY 11, 1943 Development Coda in effect at the time of final development order. L. All work on the aooeaa driveway shall be subject to tt Ylorida Aepartment o! Transportation (FOOT) permit. K. Lett and right turn lanes o!# of U.S. 41 shah be provided aL the project aaceas as part of the roadway pa!ra�itting, unless denied by the State o! Florida Departaaent o! Transportation. N. Arterial level street lighting shall ba provided at the entrance drive. o. A fire protection water supply (fire hydrant) shall be provided and loaatad within S00 last of the atruetvre measured as tiro appazatus would lay out the hose. (Reference: NFPA a:9-3.s and Co211ar County ordinance Number 9t-7z). BE I? iURTHER RESOLVED that this Resolution be recorded in the minutes of this Beard. Commissioner Hatthesrs attarad thn foregoing Itasolution and moved for its adoption, seconded by Cote�aissioner „�rria and upon roll call, the vpte was: AYE9:CoaQnissioner Matthews, Commissioner Norris, Coa®iaafoner Volpe, Commissioner Constantine snd Cosr�i.aeloner Saunders NAYss AHSENT AND NOT VOTING: x ., Done this 1__1th day of _ �y 1993. ' a: d'�a:d'J ��; :• _'�yATfiESTs ;'; ��r/ ��DWICHT E. BItO� CLERK it.s • � �:../ BOARD 01� ZONING APPEALS COLLIER COUNTY, FLORIDA ' T L, SAUNDERS, CH]1IRMAN �r�- a� •'OYBD..AS�. �y� FOR14 ANO L B�ICIENCY2 � .� ..J52 �a! �.... 1n. �;sszsTANr cocnrrx ATTORNSY cv-92-a7 REsoLUxloN nb/9154 -3- Page 'l22-C 0 EXHIBIT A MAY 11, 1993 A 4 FINDING OF FACT BY COLLIER COUNTY PEAN2tING COMXssIoN FOR A CONDITIONAL.USB PETITION FOR CU-9I-11 The folloWi»g facts are founds 1. Section 2.2.2.3.6 of the Land Davlopptent Code au or zed the co oval use. 2. Granting the conditional use xiii not adversely affect the pubiia interest and will not adversely affect other Property or uses in the same district or neighborhood because ofz A. Consistency with the Land Aavelapmant Code and Groxth Hanagem�r.St plan:. you 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 UFT i egress Yee ✓ No C. Affects neighboring properties in relation to nol o, glare, economic or odor effects: y No affect or Affect Mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the istrict& Compatible u within district Yes No 'eased on.the above findings, this conditional use should; With stipulations, (copy att ad) (should not) be recommended //for approval �� . CNAXPA N. FINDING OP FACT CNAIRHAN/md LXNILIT "A" Page 122-D EXHIBIT A EXHIBIT A MAY 11, 1993 �1r1+ _ .�.�---_._._s...�i__� ...tom. r .e .�....-...a...�......✓ ..... _ �....�.�. _ ___ ' � T � •� • • 'Vi• ., -. C, Off' G � . � '�q • y . /.i� .�• �'h •� �� b q. o 'if - � � � � '. $ �. �� ,� , ;•,: --'• • •. ;• Y ' .. � � sxaixYr. •c• ; .. ', Page 122,E EXHIBIT A 1 !► CIT-PL20U9-170 PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 1833, PAGE 298 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 90 (US. 41, TAMIAMI TRAIL); THENCE ALONG SAID RIGHT OF WAY LINE N 54' 21' 00" W 1000.00 FEET FOR A PLACE OF BEGINNING; THENCE S 35' 39' 00" W 400.00 FEET; THENCE N 54' 21' 00" W 500.00 FEET; THENCE N 35' 39' 00" E 400.00 FEET TO SAID RIGHT OF WAY LINE: THENCE ALONG SAID RIGHT S 54' 21' 00" E 500.00 FEET TO THE PLACE OF BEGINNING, CONTAINING 4.59 ACRES (+/�) V r� moo amo ti� ssbs,,� i r w9 ►�J n r d d d v z f r- m x w CONDITIONS FOR APPROVAL FOR CU-PL2009470 1. The Conditional Use is limited to what is shown on the site plan, identified as "First Haitian Baptist Mission Church Master Concept Plan," prepared by Davidson Engineering, dated August 26, 2009. 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. The uses shall be limited to Church services, Sunday School, Bible Study, and receptions. 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 meetings shall be excluded from this limitation. 3. The hours of operation on the subject property are: 9:00 a.m. to 9:30 p.m. Sunday through Thursday and 9:00 a.m. to 10:00 p.m. Friday and Saturday. 4, Outside music shall be subject to an amphfzed noise permit. 5. The number of seats in the Church shall be limited to 345 seats. 6. The use of the general purpose building shall be limited to members of the congregation and their guests. 7. The dumpsters shall be located along the southeast property line, and not immediately adjacent to homes. 8. A minimum of 30% of the parking area shall be grass parking. 9. The general purpose building shall be limited to one-story and shall not exceed a zoned height of 35 feet. 10. The petitioner shall acquire a cross access agreement or public access easement to provide a pedestrian interconnection as shown on the Master Concept Plan that connects the Church property to the residential neighborhood to the south prior to Site Development Plan approval. This interconnection shall be shown on the Site Development Plan and shall be constructed prior to the certificate of occupancy for the General Purpose Building, 11. A wall that is a minimum of 6 feet high shall be provided between the Church and the residential land uses and shall be consistent with the requirements of Section 5.03.02 E. of the LDC. The church may apply for an administrative fence waiver pursuant to Section 5.03.02 F. of the LDC for that portion of the southeast property line adjacent to the water management lake from US 41 to where the building(s) are located. EXHIBIT D