Resolution 2009-213
RESOLUTION 09- 21 3
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NO. CUE-2008-AR-13803, PROVIDING FOR THE
EXTENSION OF A CONDITIONAL USE ALLOWING A
CHURCH FACILITY IN THE RURAL AGRICULTURAL (A)
ZONING DISTRICT WITH A MOBILE HOME OVERLAY
(MHO), FOR AN 18.31-ACRE PROPERTY LOCATED IN
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 counties 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) (LDC), which includes a comprehensive zoning ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting and extending of conditional uses; and
WHEREAS, on January 10,2006, the Board of Zoning Appeals enacted Resolution No,
06-03, a copy of which is attached hereto as Exhibit A, granting a conditional use pursuant to
Section 2.04,03, Table 2 (currently codified as Section 2.03,01.A.1.c.7), of the LDC, to allow a
church facility in the Rural Agricultural zoning district with a Mobile Home Overlay (MHO), on
property described in said Resolution; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public meeting after proper notice, and
has considered the advisability of allowing the requested one-year conditional use extension,
pursuant to Section 2,03.01.A.1.c,7 and Section 1O.08,OQ,E.3 of the LDC; and
Page 1 of 2
WHEREAS, Section 10.08,OO.E.3 of the LDC provides that the Board of Zoning Appeals
may grant one one-year extension of an approved conditional use; and
WHEREAS, all interested parties have been given opportunity to be heard by the Board
in a properly noticed public meeting, 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 CUE-2oo8-AR-13803, filed by Laura DeJohn, AICP of Johnson Engineering,
representing Living Word Family Church, Inc" is hereby approved, allowing a one-year
extension of the conditional use approved by Resolution 06-03, in accordance with the
conceptual site plan and subject to the conditions set forth in said Resolution,
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and in the records of the Petition for which the extension is granted.
This Resolution adopted after motion, second and super-majority vote, this J 5-l-l-\. day of
~.hTf1bt.(
,2009,
f" . (' .~,
ATTEST' .;,\,.J ""i~.''''
. . c~,~., '. 4' t ' '. _.. ?
DWIGH'f~e~'BRQc'R;.,~ERK
{,..~) . ',' ~':1 ~'~; ~
~' : ~
BOARD OF ZONING APPEALS
::LLlliR cz;r:::o,~
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
c)
eidi Ashton-Cicko
Assistant County Attorney
Exhibits attached:
A. Resolution 2006-03
CP\08-CPS-00887\1O - HPAC
Page 2 of2
RESOLUTION NO, 06- ..Q1..
A RESOLlJfION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE PURSUANT TO SEerION.
2.04,03, TABLE 2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) FOR THE PROPERTY
TO BE USED FOR A CHURCH FACILITY IN THE
RURAL AGRICULTURAL (A) ZONlNG DISTRICT,
FOR A 18,I-ACRE PROPERTY LOCATED IN SECTION
30. TOWNSHTP 48 SOUTH, RANGE 27 EAST.
COU.lER COUNTY, FLORIDA.
WHEREAS, the Legislature of the Sl:1le of Florida in Chapler 67-1246, UIWS \If
Florida, and Chapter 125, Florida Stlllutes, has conferred on Collier County the power to
establish. coordinate and enforce zoning and such business regulations as art: necessary
for the protection of the public; and
WHEREAS, pursuant thereto rile County has adopted a Land Development Code
(Ordinance No. 04-41. as amended) which includes II Comprehensive Zoning Ordinllnce
establishing regulations for the zoning of particular geogruphic divisions of the County,
among which is the gnlnting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and
conMituted planning board for the area hereby affected. has held a public hearing afler
notice liS in slIid regulations made and provided, and has considered the ndvisabililY of
the proposed Conditional Use, allowed by Seclion 2,04.03, Table 2 or lhe Collier CllUnly
Land Development Code, in Ihe Rural AgricultuI".l1 (A) zoning dislrict to be used for a
Church Facility on the property hereinafter described, and the Collier County Planning
Commission has found as /J malleI' of fact (Exhibit "A") that satisfactory provision and
arrangement have been made conceming all applicable malters required by said
regulations and in accordance with Subseclion 1O,08.oo,D. of the Land Development
Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
BOllrd in a public meeting assembled and the BaliI'd having considered nil mailers
presented.
NOW, THEREFORE, BE IT RESOLVED by The Board of Zoning Appeals of
Collier County, Florida, that:
The petition filed by Laura Spurgeon of Johnson Engineering representing Living
Word Family Church with respect to the property described as thc West Y.. of the East ~
of the West 'Iz of the NorthellSt \4 less the Soulh J 0' thereof and the North 10' thereof for
road right-of-way of Section 30, Township 48 South. 27 Ellst. Collier County, Florida.
Jess I1nd eJlccptthe right-or-way of Immokuree ROlld (County ROlld 846) lIS recordccl in
Official Records Book 3252, Page 230 of the Public Records of Collier County, Florida,
further described as Folio number 002149:20002, be and the same is hereby approved for
a Condilional Use allowing a Church Facility, as allowed by Section 2.04,03, Table 2 of
I
EXHIBIT
A
Pllgc J of 2
the Collier County und Development Code in the Rural Agricultural (A) zoning district
in accordance with the Conceptual Master Plan (Exhibit "an). subject to the conditions
set forth in Exhibit "C", which is sltsched hereto and incorporated by reference herein.
This Resolulion adopted after motion,
d -;;
I r, ...., of ., ,,--r)
- {
second and super-majority vote, this
t 2006,
BOARD OF ZONING APPEALS
COlLIER COUNTY, FLORIDA
By:
juLw. ~
Fred W. Coyle ,ChaJ 11.
^ ITEST: ,'" , . '.:
DWIGHT 'E. BROcK!'C;:lERK
(.'tJ-ZOO~.^K,774'11HWI.~
Page 2 of 2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-7749
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 property or uses in the same district or neighborhood because
of:
A, Consistency with the Land Development Code and Growth Management Plan:
YesL No_
B. Ingress and egress to property and proposed stnlctures 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 ---L' Affect mitigated by ~ li~LvlYQ..~
_ 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) be
recommended for aP:roval to the Board of Zoning Appeal.. Ill! ; fi I.
DATE: 1ft J --- (/ ;) CHAIRJ...1AN: I Y I ~
EXHIBIT A
.i
!l
t
,<l-
i
II
: 1
:-
: j
I.
:
r
s
oj
j
I~
j
J
COLLIER COUNTY. ~
FLORIDA ENGINEERING
r-
I
1
!
I
!
~
'"
, ,
8
!;
I~
#
~~
.
.
,.f
"
\
; J
.~
~ Il.lj;iOK"'~ R~O
I j Hi Pit
I . '.
s
~I
!:
II'
;i;i "
~~J~ ~~
\
I
Q01101
:lfllfi
t'lf~
IIi'
III ~
~
,
;
. , . .
.. oil . .
;; . iii .
~ ~ I I
1-
UIO ,fJAMfaIID COu.,
'tAP\.1'J. 1\01II4 )4112
~.l~'.a~~~~~
t... ,.., .. LI ,.411
.- ..-----.. .-. ....-- ..,
I
, 'q "..
~ .tor
UVING WORD FAMlLY CHURCH
CONCEPTUAL sm l'LAN
l.Tl
~
sr.
.....
tx'
t:Ct::I;:sn.
1.ij>~C::1
~""1~~
QCI:I ~I
..... <=1
~:;QY'
~;~~
I-a=~
~.\.It= ~
':21 UI,IIoo.
;:0. S'O
r;n 0
~
~
CONDITIONS OF APPROVAL
CU-200S..AR-7749
1, The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Living Word Family Church Conceptual Site Plan," prepared by
Johnson Engineering, dated May 20, 2005. 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. 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. Expansion of the uses identified and approved within this conditional use
approval. or major changes to the approved plan. 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 Chapter 10.02,03, Site
Development Plan Review and Approval, of the Collier County Land
Development Code, Ordinance 04-41 j as wnended. .
3. The project must obtain an environmental resource pennit from the South Florida
Water Management District (SFWMD) prior to issuance of any site plan
approvals,
4. The applicant will provide. at the County's request. a weJIsite easement located in
a previously impacted area in the southeast portion of the subject property
measuring approximately 50 feet by 70 feet, to be accessed via the Cannon
Boulevard access easement. The COWlty will obtain all necessary South Florida
Water Management District permits associated with utilization of the site for the
requested purpose.
5. Services will be limited to evenings, weekends and holidays until the Inunokalee
Road (CR 846) widening project is complete from Wilson Boulevard to Collier
Boulevard (CR 951),
6. No day care facilities are approved as a part of this C~nditiona1 Use petition.
EXHIBIT "e"
CU-200S-AR~ 77 49