Resolution 2009-005
RESOLUTION 09- ~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH IN THE MOBILE HOME OVERLAY WITHIN THE
AGRICUL TURAL ZONING DISTRICT PURSUANT TO SECTION
2.03.01.A.l.c.7, COLLIER COUNTY LAND DEVELOPMENT CODE,
FOR PROPERTY LOCATED AT 2140 MOULDER DRIVE, SECTION
30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals ("Board"), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
for a Church in the Mobile Home Overlay within the Agricultural Zoning District, pursuant to
Section 2.03.01.A.l.c.7 of the Collier County Land Development Code, on the property
hereinafter described, and the Collier County Planning Commission has made findings as
described in Exhibit "A" that the granting of the Conditional Use will not adversely affect the
public interest and the specific requirements governing the Conditional Use have been met and
that satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Section 10.08.00.D of the Collier County
Land Development Code; and
Page I of3
'"--_._-~'_."..,-'-
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition CU-2008-AR-13060, filed by Laura Dejohn, AICP, of Johnson Engineering,
Inc., representing the Naples Baptist Church, Inc. with respect to the property hereinafter
described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a church
within the Mobile Home Overlay within the Agricultural Zoning District pursuant to Section
2.03.0I.A.l.c.7 of the Collier County Land Development Code, in accordance with the
Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit
"D". Exhibits "B", "C" and "D" are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote, this 13- day of
Jl.u'L-,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
. .'. . . i.:.~1 (
By:ll~, ~OL.
~ttii{.. to ~,~uiY Clerk
.t...... ..~> .
, ,
-"" -.' .'
Approved as tq,fOrn1" "
:m1legal sufficiency:
~,t:t It (tv
Heidi Ashton-Cicko
Assistant County Attorney
By:
I (." 0'-'\
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Page 2 of 3
" -'_._-~----!
Exhibits (attached): A.
B.
C.
D.
CPI08-CPS-00864113
---r
Findings of Fact
Legal Description
Conceptual Site Plan, entitled, "Naples Baptist Church 2140
Moulder Drive," dated 5/28/08, which is prepared by Johnson
Engineering, Inc.
Conditions
Page 3 of3
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13060
The following facts are found:
, 1. Section 10.08.00 of the Land Development Code anthorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes~ No_
---
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes v/' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
,~
DATE:9 -L( - D <(
CHAlRMAN:~wLf~
EXHIBIT A
WI
,
FINDING OF FACT
BY
COLLmR COUNTY PLANNING COMMISSION
FOR
A CONDDnONALUSE PETITION
FOR
.
CU-2008-AR-13060
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes /
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 offire or catastrophe:
.
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by
Affect carinot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ",,/ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
'1 r J r(
MEMBER: tJZ;f
EXHIBIT A
.
----I
.
.
.
FINDING OF FACT
BY
COLLmRCOUNTYP~GCO~S~ON
FOR
A CONDmONAL USE PETITION
FOR
.
CU-2008-AR-13060
The following facts are found:
1. Section 10.08.00 of the Laild Development Code anthorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A.
Consistency with the LanjeVelopment Code and Growth Management Plan:
Yes No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case offire or catastrophe:
.
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects;
~NO affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district: .
Compatible use within distri~
Yes / No
Based on the above findings, this conditional use should, wi
(should not) commended for approval.
. ulations, (copy attached)
DATE:
.
MEMBER:
EXHIBIT A
- ------1'''
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2008-AR-13060
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of: .
A. """"- "<h "" """ r coo. "'" Orow<h -- p",,"
Yes No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and co, ntrol, and access in:zase of ' or catastrophe:
Adequate ingress & egress
Yes_ No---,-
C. Affects neighporing properties in relation to noise, glare, economic or odor
effects: /
~ affect or _Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district
Compatible use within districy
Yes.L... No
DATE: 9-J- r.gJ
Based on the above findings, this conditional use should, with stipulati
(should not) be recommended for approval.
MEMBER'
EXHIBIT A
~j ta r C./.I?- t..IV
, ----r- - .
.
.
.
,
.
FINDINGS OF FACT
BY
COLLIER COUNTY Pi..ANNING COMMISSION
FOR
A CONDmONAL USE PETmON
FOR
CU-2008-AR-13060
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency 1 the Land Development Code and Growth Management Plan:
Yes No
.
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate injS & egress
Yes_ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
1ts:
_ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible 7 within district
Yes_ No_
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
, (should not) be recommended for approval.
.
DATE:
CHAIRMAN:~rnrI"" (J"{l{ ~
EXHIBIT A
. --I
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
.
CU-2008-AR-13060
The following facts are found:
I. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
.
Adequate ingress & egress
V
Yes_ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
--1(N'0 affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
,/
Yes_ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: ~ .,- /9 J?
MEMBER:
-----
~/~
.
EXHIBIT A
.---.'-t----.-.-
FINDINGS OF FAct
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDttIONAL USE PETmON
FOR
CU-2008-AR-13060
The following facts are found:
L Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes 9-... No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes1&.... No_
Il
Based on the above findings, this conditional use should, with stipulati s, (copy attached)
(should not) be recommended for approval.
DATE:___
cn;JillyIAN:-
EXHIBIT A N;lltv<IL
~ ~fWt--
P'T
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13060
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency 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 _ ~,.t:.J (..../~_.O
Yes /No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes /No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:'
i/'I/of(
. I
CHAIRMAN:
EXHIBIT A
----r-u
.' .
LEGAL DESCRIPTION:
DESCRIPTION: (AS PER OFFICIAL RECORDS BOOK 3458. PAGE 1210)
SOlJTH 1/2 OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE EAST 1/2 of
THE EAST 1/2 OF THE NORTHEAST 1/4. SECTION 3D, TOWNSHIP 48 SOUTH.
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO ANY EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD.
EXHIBIT "B"
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d
CONDITIONS FOR APPROVAL
FOR
CU-2008-AR-13060
I. The Conditional Use is limited to what is shown on the site plan, identified as "Naples
Baptist Church 2140 Moulder Drive," prepared by Johnson Engineering, Incorporated, dated
May 28,2008. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings,
structures, and improvements authorized by this conditional use, so long as these minor
changes remain consistent with all applicable development standards.
2. Prior to vertical construction, Naples Baptist Church, Inc., or its successors and assigns,
shall construct to county standards a 20-foot rural paved roadway and a 4-foot wide paved
shoulder from Immokalee Road to the subject property.
3. The uses shall be limited to Church services and a parsonage. Day care uses are prohibited.
The Church services shall be limited to Sunday, Wednesday evenings, religious holidays
and a maximum of 20 special events per year. Bible study shall be excluded from this
limitation.
4. The site shall not be gated.
EXHIBIT D
G: Currentl Gundlach! Conditional Uses! Naples Baptist Church! Exhibit D Conditions 9-9-08