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Agenda 12/13/2011 Item #16A 5AW Recommendation that the Bop►rd of County for the Bethesda Corkscrew Seventh Day A which expired on March 26, 2005 pursuant Land Development Code (LDC) that provid the conditional use was. granted if the use has OBJECTIVE: To have the Board of Coun Number: 02 -161 and extend the expiration di proposed church located at the northwest corner and Lilac Lane. 12/13/2011 Item 16.A.5. immissioners reinstate the Conditional Use entist Church, Resolution Number 02 -161, Section 10.0&00.E.1 of the Collier County a three year expiration date from the date it commenced. Commissioners (BCC) reinstate Resolution to three years to December 13, 2014 for a the intersection of Immokalee Road (CR -846) CONSIDERATIONS: In response to a Public Petition request from the pastor of the Bethesda Corkscrew Seventh Day Adventist Church to ha a their conditional use permit be reinstated, the BCC approved a motion for staff and the County Attorney's Office to work with the petitioner to come to a resolution regarding the process for reinstating the conditional use permit. This motion was approved by the Board by a vote of 5 to 0 (Agenda Item 6C). The Conditional Use for the church facility was with the adoption of Resolution Number: 02- application for site development plan (SDP) subsequently approved on December 5, 2007. It Land Development Code (LDC) provides the ex use shall expire 3 years from the date of grant, i use was granted has not been commenced." Sin services held at this time, the subject CU offici petitioner contends that they have been continuc the site development plan approval which remain Given the severe downturn in the local and n: churches and other small businesses that have money for the required site development plans a time limit. As a result, staff is preparing an amp the expiration time limit for an approved condi which is the same as currently provided for P economic emergency, staff is recommending th since the petitioner has an approved and active si FISCAL ACT: Reinstating the conditi apply for a new conditional use which will bE require the applicable fees. GROWTH MANAGEMENT IMPACT: E from three to five years should not adversely Management Plan (GMP) and/or LDC. Revised on: 12 -6-11 Packet approved over 9 years ago on March 26, 2002 .6 1. The agents for the church submitted an approval on May 22, 2006. The SDP was hould be noted that Section 10.08.00.E. I of the ►iration time limit as follows: "Any conditional 'by that date the use for which the conditional ;e the church has not been constructed and no illy expired on March 26; 2005. However, the asly working on the project and have received active today. anal economy, it has been difficult for many btained conditional use approval to raise the to construct the facilities within the three year dment to LDC Section 10.08.00.E.1 to extend >nal use permit from three years to five years :) time limits. Also, due to the state of local the BCC reinstate Resolution Number 02 -161 development plan, use eliminates the need for the petitioner to to the property owner /developer as it will not g the conditional use expiration deadline any consistency findings with the Growth -1057- 12/13/2011 Item 16.A.5. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. A majority vote is needed for Board approval. —HFAC RECOMMENDATION: That the BCC adopt the attached resolution which will reinstate Resolution Number 02 -161 and thereby extending the expiration date three years to December 13, 2014 since the petitioner has an approved and active site development plan and due to the state of local economic emergency and that the BCC make the following findings: The Church obtained SDP approval on December 5, 2007. That since the date of approval, this SDP has remained in an approved/active status and did not expire; and 2. The Conditional Use expired on March 26, 2005 and was not eligible for an extension under HB 360 (2009), SB 1762 (20 10) or HB 7207 (2011); and 3. Any other similarly situated properties may be eligible for extension and brought back to the BCC where: a) The Conditional Use expired but the SDP approval was active; and b) The property is not eligible for the 2009 -2011 legislative extensions. Also, that the BCC direct the County Manager, or his designee to prepare an LDC amendment to extend the Conditional Use expiration date from 3 to 5 years. PREPARED BY: Raymond V. Bellows, Planning Manager, Zoning Services Section Department of Zoning & Land Development Review Attachments: A) Resolution Initialed by the CAO B) Resolution Number: 02 -161 Revised on: 12 -6 -11 Packet Page -1058- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5. 12/13/2011 Item 16.A.5. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation that the Board of County Commissioners reinstate the Conditional Use for the Bethesda Corkscrew Seventh Day Adventist Church, Resolution Number 02 -161, which expired on March 26, 2005 pursuant to Section 10.08.00.E.1 of the Collier County Land Development Code (LDC) that provides a three year expiration date from the date the conditional use was granted if the use has not commenced. Meeting Date: 12/13/2011 Prepared By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning 10/28/20112:10:31 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 11/8/2011 1:14:51 PM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 11/10/2011 10:58:40 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/14/20119:22:40 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 11/14/2011 4:51:36 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Packet Page -1059- 1..% Date: 11/15/2011 10:19:48 AM Name: IsacksonMark 12/13/2011 Item 16.A.5. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/17/2011 1:29:26 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/23/2011 10:58:32 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/23/20112:09:41 PM Packet Page -1060- 12/13/2011 Item 16.A.5. RESOLUTION 11- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NO. CU- 2001 -AR -1420, PROVIDING FOR THE EXTENSION OF A CONDITIONAL USE ALLOWING A CHURCH AND CHILD CARE CENTER FACILITY IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT WITH A MOBILE HOME OVERLAY (MHO), FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 47 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 March 26, 2002, the Board of Zoning Appeals enacted Resolution No. 02 -161, a copy of which is attached hereto as Exhibit A, granting a conditional use pursuant to Section 2.2.2.3 (currently codified as Section 2.03.0l.A.l.c) of the LDC, to allow a church and n child care facility in the Rural Agricultural zoning district with a Mobile Home Overlay (A- MHO), on property described in said Resolution; and WHEREAS, Bethesda Corkscrew Seventh Day Adventist Church (the "Church ") submitted its application for SDP approval on May 22, 2006; and since the date of the application, this SDP has remained in pending/active status and did not expire; and WHEREAS, while the application for SDP was under review, the Church was not eligible for conditional use extensions under HB 360 (2009), SB 1762 (2010) and HB 7207 (2011) because the conditional use granted under Resolution 02 -161 expired before it was eligible; and WHEREAS, on June 14, 2011, the Church petitioned the Board of County Commissioners by public petition requesting relief from the expired conditional use, and the Board directed staff to explore alternatives for such relief; and WHEREAS, interested parties have been given opportunity to be heard by the Board in a public meeting, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: 1 of 2 Packet Page -1061- 12/13/2011 Item 16.A.5. Petition CU- 2001 -AR -1420, filed by Bethesda Corkscrew Seventh Day Adventist Church ^ and approved by Resolution 02 -161, is hereby extended until December 13, 2014 based on the following extenuating circumstances: n (1) The Church filed its application for an SDP on May 22, 2006 which was approved on December 5, 2007. Since the date of the application, this SDP has remained in pending/active status and did not expire; and (2) While the application for SDP was under review, the Church was not eligible for conditional use extensions under HB 360 (2009), SB 1762 (2010) and HB 7207 (2011) because the conditional use expired. BE IT FURTHER RESOLVED that any other similarly situated properties may be eligible for an extension after Board consideration where (1) and (2) are met. 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 day of .2011. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko ` Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA M- Attachment: Exhibit "A "- Resolution 02 -161 11- BCC - 00743/7 2 of 2 Packet Page -1062- , Chairman 12/13/2011 Item 16.A.5. �. g . U. 4 RESOLUTION NO. 02— 161 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH AND CHILD CARE CENTER CONDITIONAL USES 7 AND 11 RESPECTIVELY IN THE "A -MHO" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON PROPERTY LOCATED IN SECTION 23 ,TOWNSHIP 47 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. 91 -102) 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 uses 17" and "11" respectively of Section 2.2.2.3. in an "A -MHO" Rural Agricultural Zone with Mobile Home Overlay for a church and a childcare center, on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have 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 patties have been given opportumtY 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; The petition filed by Hoover Planning and Development. Incorporated, representing the NE Naples Seventh Day Adventist Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein• be and the same is hereby approved for Conditional Uses 117" and "I V pursuant to Section 2.2.2.3 of the "A -MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a EXHIBIT n Packet Page -1063- 12/13/2011 Item 16.A.5. 7 B church and childcare center in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this _.xG+ day of 2002. BOARD OF ZONING APPEALS COLLIER COUrAY, FLOJW61 BY. Q- �,a�' COry;� JAMBS44. COLETTA, CHAIRMAN jr E. BROCY, Clerk N'i✓ -'2i =igplatwa eftly. Approved as to Farm and Legal Sufficiency: Marjo ' M. Stu cut Assistant County Attorney CU- 2001 -AR -1 420/RaAo Packet Page -1064- "— 12/13/2011 Item 16.A.5. av ?B n FINDING OF FACT BY COLLIER COUNTY PLANNING COMWSSION FOR A CONDITIONAL USE PETITION FOR CU- 2001 -AR- 4420 The following facts are found: 1. Section 2.2.3. 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 b" 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 No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or �_ Affect mitigated by y Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 1 No Bascc on the above findings, this conditional us, h" with stipulations, (copy attached) (shouid not) be recommended for approval DA_.., MEMBER: &A EXHIBIT "A' Packet Page -1065- n 12/13/2011 Item 16.A.5. 7B LEGAL DESCRIPTION Northc t /, of the Southeast '/. of the Southeast '/+ less and' except the East and South 30 feet thereof reserved for road purposes and the East Yz of the Southeast '/4 of the Southeast %. of the southeast '/• less and except the North and East and South 30 feet thereof reserved for road Purposes of Section 23, Township 47 South, Range 27 East, of the Public Records of Collier County, F iorida. El 0 CU- 2001 -AB -1420 EXHIBIT "B" Packet Page -1066- F] 12/13/2011 Item 16.A.5. t t � 1 Fill I III I11 1 1 t i 1 11 ti i —i i i lll� ltll 1 IM ltt lilt 1 1 1 ' I oil i I tttlt Ob ;ti on �I I op I'►`�`�`' i its wq q :�ij1i�l i}t q CU- 2001 -AR --1420 EXHIBIT "C" I'7 !!1 DAY 3 ��ST �� Packet Page -1067- 12/13/2011 Item 16.A.5 78 ' CONDITIONS OF APPROVAL. CCU- 2001 -AR -1 This approval is conditioned upon the following stipulations: 1. The Current Planning 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). 2. Lilac Lane shall be paved from Immokalee Road to the project's driveway entrance. Ail road improvements must take place prior to the issuance of the first certificate of occupancy for this project. 3. Construction of phases II and III shall not commence until the time that Immokalee Road is four laned to Everglades Boulevard. Phase I includes an 18,000 square foot church building (300 seats) and all outdoor recreational amenities. Phase 11 Includes an 18,000 square foot expansion to the church with a total of 500 seats. And Phase III includes a 2,400 square foot childcare center. 4. The property owner shall dedicate at no cost to Collier County the right -of -way needed for the widening of Immokalee Road in lieu of constructing turn lanes within 90 (ninety) days upon written request by Collier County. The County shall construct the turn lanes when needed. The petitioner shall have a Sheriffs Deputy direct traffic at the intersection of Immokalee Road and Lilac Lane just prior to and after church services. 5. Fifteen (15) percent of the existing native vegetation on -site shall be retained as required in Section 3.9.5.5.4 of the Land Development Code. 6. The applicant shall provide a 15' wide landscape buffer, which shall be located along the southern property line subsequent to the right -of -way dedication of condition #4 prior to the issuance of the first certificate of occupancy. 7. The childcare facility shall be located along the western property setback line on the subject site. EXHIBIT "D" Packet Page -1068- 12/13/2011 Item 16.A.5. 7Bt ' ;. . RESOLUTION NO. 02- 161 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH AND CHILD CARE CENTER CONDITIONAL USES 7 AND 11 RESPECTIVELY IN THE "A -MHO" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON PROPERTY LOCATED IN SECTION 23 ,TOWNSHIP 47 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. 91 -102) 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 uses "7" and "11" respectively of Section 2.2.2.3. in an "A -MHO" Rural Agricultural Zone with Mobile Home Overlay for a church and a childcare center, on the property hereinafter described, and has found as a matter of fact (Exhibit "A "} that satisfactory provision and arrangement have 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 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: The petition filed by Hoover Planning and Development, Incorporated, representing the NE Naples Seventh Day Adventist Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is hereby approved for Conditional Uses "7" and "I V pursuant to Section 2.2.2.3 of the "A -MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a Packet Page -1069- 12/13/2011 Item 16.A.5. 7 B' church and childcare center in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 44, day of `1�a�t� , 2002• Iy1 1 T,-E. BROCK, Clerk slgeatw'e Mly. Approved as to Form and Legal Sufficiency: Marjo ' M. Stu ent Assistant County Attorney Cu- 2001 -AR -1 o201Rano BOARD OF ZONING APPEALS COLLIER CO Y, FLO BY: J . COLETTA, CHAIRMAN Packet Page -1070- 12/13/2011 Item 16.A.5. 78 FINDING OF FACT n BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2001 -AR -1420 The following facts are found: 1. Section 2.2.3. 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 of fire or catastrophe: n 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 district Yes No Bascc on the above findings, this conditional use shod with stipulations, (copy attached) (shouild not) be recommended for approval 1-' T MEMBER: EXHIBIT "A" Packet Page -1071- LEGAL DESCRIPTION 12/13/2011 Item 16.A.5. 7B. Northeast '/• of he Southeast '/4 of the Southeast '/. i the Southeastt' /.hof the Southeast %3of he thereof reserved for road purposes and the East /: of :. Southeas� '�• less and except the North and East a �� °� 3of feet of Collier purposes of Section 23, Township 47 South, Rang County, A iorida. 0 CU- 2001 -A8 -1920 EXHIBIT "B" Packet Page -1072- i r i i ON 12/13/2011 Item 16.A.5. III rl PL f ,; lo (I � till ll --------------------------------------- O�� CU- 2001 -AR -1420 EXHIBIT "C" arm DAY ADYDA/T CImm asa •-• NppTWEAST NAPLES SEVEN ..._,l 8 nwv AnvPj7lMV saoeya Packet Page -1073- 12/13/2011 Item 16.A.5. 76 CONDITIONS OF APPROVAL CU- 2001 -AR -1420 This approval is conditioned upon the following stipulations: 1. The Current Planning 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). 2. Lilac Lane shall be paved from Immokalee Road to the project's driveway entrance. All road improvements must take place prior to the issuance of the first certificate of occupancy for this project. 3. Construction of phases II and III shall not commence until the time that Immokalee Road is four laned to Everglades Boulevard. Phase I includes an 18,000 square foot church building (300 seats) and all outdoor recreational amenities. Phase 11 includes an 18,000 square foot expansion to the church with a total of 500 seats. And Phase III includes a 2,400 square foot childcare center. 4. The property owner shall dedicate at no cost to Collier County the right -of -way needed for the widening of Immokalee Road in lieu of constructing turn lanes within 90 (ninety) days upon written request by Collier County. The County shall construct the turn lanes when needed. The petitioner shall have a Sheriffs Deputy direct traffic at the intersection of Immokalee Road and Lilac Lane just prior to and after church services. 5. Fifteen (15) percent of the existing native vegetation on -site shall be retained as required in Section 3.9.5.5.4 of the Land Development Code. 6. The applicant shall provide a 15' wide landscape buffer, which shall be located along the southern property line subsequent to the right -of -way dedication of condition #4 prior to the issuance of the first certificate of occupancy. 7. The childcare facility shall be located along the western property setback line on the subject site. EXHIBIT "D" Packet Page -1074-