Ordinance 2004-19 ORDINANCE NO. 04 - 3_ 9 ._ 22
AN ORDINANCE AMEND1NG ORDINANCE NUMBER 91-102-,
AS AMENDED, THE COLLIER COUNTY LA~:
DEVELOPMENT CODE TO AMEND OFFICIAL ZONING ATLATS~'
MAP NUMBERED 7904S BY CHANGING T,I~
~\CLASSIFICATION OF THE HEREIN DESCRIBE
~r~pFrtTy LOCATED AT THE SOUTHWEST CORNEK
-~OLORADO AVENUE AND 4TH STREET SOUTH IN SECTIO
~ TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER
'+,
FLORIDA, FROM THE "P" PUBLIC USE ZONING
TO The "CF" COmmUniTY e^C LXTY zon no
DISTRICT TO ALLOW A CHURCH AND HOUSE OF WORSHIP
AND ACCESSORY USES TO THOSE USES ONLY; PROVIDING
FOR STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, William L. Hoover, AICP, of Hoover Planning and Development, representing
Immokalee Church of the Nazarene, in petition number RZ-2003-AR-3703, petitioned the Board of
County Commissioners to change the zoning classification of the herein described real property.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE:
The zoning classification of the real property as more particularly described by Exhibit "A,"
attached hereto and incorporated by reference herein, and located in Section 4, Township 47 South,
Range 29 East, Collier County, Florida, is changed from "P" Public Use, to "CF" Community
Facility to allow a church and house of worship and accessory uses to those uses only, and the
Official Zoning Atlas Map numbered 7904S, as described in Ordinance 91-102, the Collier County
Land Development Code is hereby amended accordingly, including stipulations as set forth in
Exhibit "B," attached hereto and incorporated by reference herein. The herein described real
property is the same for which the rezone is hereby approved.
Page 1 of 2
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners o£ Collier County,
Florida, this ~ r~'/ day of~L~rC~ ,2004.
ATTEST: .
DWIGHT
IIitl' I . [ [~ --
A~ LEGAL SUFFICIENCY
Patrick G White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
D FIALA, CHAIRMAN
This ordinance filed with the
_~ta~ of State's Office t~e
day of D
and acknowledgerner~t..of that
fili~!~l~r~c~eive~j.~ day
Exhibit A:
Exhibit B:
Legal Description
Stipulations
Page 2 of 2
LEGAL DESCRIPTION
THE WEST 190 FEET OF THE NORTH 1/2 OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4,
TOWNSHIP 47 SOUTH, RANGE 29 EAST COLLIER
COUNTY, FL ORIDA, MORE PARTICULARLY DESCRIBED B Y
SURVEY AS FOLLOWS:
BEGINNING A T THE NORTHWEST CORNER OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
THENCE ALONG THE CENTERLINE OF COLORADO '
A VENUE N89°26'05'' EAST 197.30 FEET TO THE WEST
RIGHT-OF-WA Y LINE OF 4TH. STREET, SOUTH; THENCE
ALONG SAID RIGHT-OF-WA Y LINE S00°58'18'' EAST 443. 14
FEET; THENCE S89°32'06'' WEST 198.31 FEET TO THE
CENTERLINE OF 5TH. STREET, SOUTH; THENCE
N00°50'26'' WEST 442. 79 FEET TO THE POINT OF
BEGINNING, LESS THE RIGHT-OF-WA Y OF COL ORADO
A VENUE.
]:mmokalee Church of the Nazarene
RZ-2003-AR-3703
Exhibit A
IMMOKALEE CHURCH OF THE NAZARENE REZONE
1. Until additional church parking is provided, seating in the sanctuary for any church
service is limited to a maximum of 220 seats. A Church/House of Worship is the only principal.
permitted use on the subject property. Any additional structures must be part of the principal use
or limited uses customarily ancillary or accessory to a church/house of worship use. The owner
must bring the parking into LDC compliance, to include but not be limited to, the number of
spaces; dimensions; provision of wheel stops; and proper aisle width allowances; for any
expansion of this use or if any additional structures, either temporary or permanent, are placed on
site prior to the issuance of a certificate of occupancy for new structures; and
2. The Church/House of Worship use on this property must be in compliance with the site
plan, prepared June 2001, last revised November 2003, and stamped received January 26, 2004;
and
3. The reduction in parking shown on the site plan referenced above is approved subject to
the conditions set forth below and as further explained in the August 27, 2003, letter to William
Hoover from Susan Murray:
a) Bus/van transportation must be provided by the church for worship services and any
other function that could generate large number of vehicles; and
b) All parking for church functions must be contained within the parking lot; parking
along the right-of-way is prohibited; and
c) The church must maintain an active program that provides periodic reminders to the
congregation to encourage ride sharing; and
d) The existing parking spaces must be brought into compliance with code to the
maximum extent possible; and
4. The use of this site for a church is contingent upon approval of, and adherence to, the
variance approval of VA-2003-AR-4708. This project must be in compliance with all other
provisions of the LDC.
REVISED: February 20, 2004
Conditions of Approval
Exhibit B
RZ-2003-AR-3703
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2004-19
Which was adopted by the Board of County Commissioners on
the 23rd day of March, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th day
Of March, 2004.
DWIGHT E.
Clerk of
County
By: ~n
Deputy