Resolution 2008-170
RESOLUTION NO. 08-170
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE FOR AN
ADDITIONAL CHURCH BUILDING IN THE ESTATE (E)
ZONING DISTRICT PURSUANT TO SUBSECTION
2.03.01.B. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED AT
3480 GOLDEN GATE BOULEVARD S.W., A PORTION OF
TRACT 81, GOLDEN GATE ESTATES UNIT NO.4, IN
SECTION 11, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41), as amended, which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, on June 26, 2007, the Board of Zoning Appeals (Board) at a duly advertised
public hearing considered Petition CU-2004-AR-6384 for the expansion of a church; and
WHEREAS, the Board's motion to approve the conditional use failed by a vote of2 to 3;
and
WHEREAS, the Golden Gate Congregation of Jehovah's Witnesses pursuant to Section
70.51, Florida Statutes, known as the "Florida Land Use and Environmental Dispute Resolution
Act" (FLUEDRA) sought mediation of the dispute resulting from the denial of said conditional
use before a Special Magistrate selected by it and representatives of Collier County; and
Page I of3
WHEREAS, upon a hearing and due consideration by the Special Magistrate, a
recommendation dated March 15, 2008, was issued wherein the Special Magistrate
recommended among other things that the Board approve an enhanced site plan for the
expansion of the church, which plan is attached hereto as Exhibit A; and
WHEREAS, on April 22, 2008, the Special Magistrate recommendation was presented to
the Board; and
WHEREAS, by a vote of 4 to 1, the Board voted to approve the Special Magistrate
recommendation to approve the conditional use with the enhanced site plan and directed that this
Resolution of approval be brought back to it for execution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition filed by Mike Landy of Landy Engineering, Inc., representing Golden Gate
Congregation of Jehovah's Witnesses, with respect to the property hereinafter described as:
A portion of Tract 81, Golden Gate Estates Unit No.4, Collier
County, Florida, as recorded in Plat Book 4, Pages 79-80, of the
Public Records of Collier County, Florida, and depicted on the
attached site plan, Exhibit A,
be and the same is hereby approved for a conditional use for an additional church building
pursuant to Subsection 2.03.01.B.ofthe Collier County Land Development Code in an Estate (E)
Zoning District in accordance with the site plan (Exhibit A) and subject to the conditions set
forth in Exhibit B.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote this 10 '#1
dayof .::fun'
,2008.
Page 2 of3
ATTEST:
DWIGHT E. .l3R<€>8K..perk
, ' r ~ e :;;"~JD f";;,>
By ~......~ M)C ,
~~ . -', "_ . 't~ Clerk
:.. . ~ , ., ""i" )
At~It._a to .Qaf.... ,
It9ll1tft Oil,
, .
Approved as to form
and legal sufficiency:
)]l(~ A 1 i oJ) /lfJ 1A f.< d:: - {J:rMRj -
Marjori tudent -Stirling -va
Assistant County Attorney
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BOARD OF ZONING APPEALS
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EXHIBIT
I
8
.
Conditions for Approval of Condition Use CU-2003-AR-6384
(April 22, 2008)
1. The conditional use approval to allow the expansion of the church shall be
developed in accordance with the site plan prepared through the mediation
process pursuant to Section 70.51 (19), Florida Statutes, recommended for
approval by Special Magistrate Ted Brousseau identified as "Golden Gate
Boulevard House of Worship" and prepared by Landy Engineering, Inc., stamped
"Received October 24, 2001" and attached hereto as Exhibit A.
2. Any revisions to the above-referenced site plan shall be brought to the Board of
Zoning Appeals for its approval.
3. A six.foot wide sidewalk shall be constructed from the sidewalk along Max Hasse
Park Drive to the existing church building prior to the issuance of the Certificate
of Occupancy for the new church building.
4. A six-foot high CBS wall, three feet above existing grade, shall be constructed
along the west and south side of the property as depicted on the attached site plan,
Exhibit A. The wall shall be constructed prior to the commencement of
construction of the parking lot and new church building.
5. A Type "D" landscape buffer shall be provided along the south property line as
depicted on the attached site plan, Exhibit A. This buffer shall be provided prior
to the commencement of construction of the parking lot and new church building.
6. A Type "B" landscape buffer shall be provided on the western property line as
depicted on the attached site plan, Exhibit A. This buffer shall be provided prior
to the commencement of construction of the parking lot and new church building
7. The access to 1 st A venue S. W. shall be restricted by a gate for emergency vehicle
use only.
EXHIBIT
I B