Loading...
Agenda 12/13/2011 Item #17C12/13/2011 Item 17.C. EXECUTIVE SUMMARY CU- PL2011 -0855, NABOR Building, a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a conditional use to allow a religious facility and /or civic, social and fraternal organization within a C -1 zoning district pursuant to Subsections 2.03.03.A.1.c.4 and 2.03.03.A.1.c.5 of the Collier County Land Development Code for property located north of Pine Ridge Road and east of Goodlette Frank Road in Section 10, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider an application for Conditional Use to allow a religious facility and /or civic, social and fraternal organization within a C -1 zoning district pursuant to Subsections 2.03.03.A.LcA and 2.03.03.A. 1.c.5 of the Collier County Land Development Code (LDC); and to insure that the community's interests are maintained. CONSIDERATIONS: The purpose of this petition is to obtain a Conditional Use approval to allow a church and/or civic, social and fraternal organization within a C -1 zoning district. The subject 4.43± acre site has two existing buildings, numbers 1455 and 1459 and related parking areas. The proposed Conditional Use will allow for another church and /or civic, social and fraternal association use in the existing building number 1455. Please see the Site Plan included in the attachments. The 1455 building is an existing facility of the Naples Area Board of Realtors ( NABOR). It has a 295 seat conference and training center. The proposed Conditional Use will allow the expansion of the uses to include a 295 seat Church and other community groups. As stated in the petitioner's application, the proposed Church services will occur during off -peak hours. As described in the attached Staff Report, the applicant is only seeking a Conditional Use for the 1455 building ( NABOR building). This is because the existing Church located in the 1459 building has an approved Conditional Use for a church (Resolution number 96 -487) that is limited to that building. (Please see attachment: Previous Resolution.) The 1459 building also has a long time lease with the property owner; it is not interested in pursuing an additional Conditional Use. The site is buffered by existing landscape buffers. There are existing Type A landscape buffers along the internal property lines and a Type D right -of -way landscape buffer along Pine Ridge Road. According to the applicant, the proposed hours of operation for the additional Conditional Use consisting of a church and /or civic, social and fraternal association facility are from 7:00 a.m. to midnight, Sunday through Saturday. Outdoor music or entertainment shall cease at 10:00 p.m. CU- PL2011 -0855, NABOR Building November 16, 2011 Page 1 of 4 Packet Page -3789- 12/13/2011 Item 17.C. FISCAL IMPACT: Approval of the Conditional Use, in and of itself, would have no fiscal impact on Collier County. There is no guarantee that the project, at build out, would maximize its authorized level of development, however, if the use were approved, a portion of the existing land would be developed and the new development would result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map of the GMP. This designation is intended to accommodate a variety of non - residential uses, including community facilities such as churches. The subject property has a zoning district designation of Commercial Professional and General Office District (C -1). The purpose and intent of the commercial professional and general office district C -1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Churches, as well as civic, social and fraternal associations, are identified in the LDC as "conditional uses" in the C -1 zoning district. Based on the detailed analysis contained in the Staff Report, staff finds the above request consistent with the Future Land Use Element, Future Land Use Map of the Growth Management Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the project did not fall within the powers and duties, or scope of land development project reviews for the EAC pursuant to Code of Laws and Ordinances Section 2 -1193 Powers and Duties. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition CU- PL2011 -0855 on November 3, 2011, and by a unanimous vote of 7 to 0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a ZD CU- PL2011 -0855, NABOR Building November 16, 2011 Page 2 of 4 Packet Page -3790- 12/13/2011 Item 17.C. recommendation of approval. The approval is subject to the following Staff conditions of approval 1 through 4: The hours of operation for the conditional uses at 1455 Pine Ridge Road are: 7:00 a.m. to 12:00 a.m. (midnight), Sunday through Saturday. 2. For any of the approved conditional uses located at 1455 Pine Ridge Road, outdoor music or entertainment shall cease at 9:00 p.m. Sunday through Thursday and 9:30 p.m. Friday and Saturday. 3. The number of seats in any Church, civic, social and fraternal uses at 1455 Pine Ridge Road shall be limited to 295 seats. 4. As stated in the petitioner's application, the Church services will occur during off -peak hours. After the CCPC hearing, Staff was approached by an individual who objected to termination of outdoor music at 10:00 p.m. The petitioner has since agreed to cease the outdoor music or entertainment at 9:00 p.m. Sunday through Thursday and 9:30 p.m. Friday and Saturday. Condition number 2 has been revised accordingly. Because this change results in a reduced outdoor noise impact and the person who was concerned has removed his objection, the petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use authorizing a religious facility and /or civic, social and fraternal organization in the C -1 zoning district. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. All testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights -of -way, schools, parks, and other public facilities be set aside, improved, and /or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution. The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. An aff nnative vote of four is required for Board approval. (HFAC) CU- PL2011 -0855, NABOR Building November 16, 2011 Page 3 of 4 Packet Page -3791- 12/13/2011 Item 17.C. RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of Zoning Appeals approve the request subject to the attached Resolution that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Nancy Gundlach, Principal Planner, Land Development Services Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Location Map 3) Site Plan 4) Resolution 5) Previous Resolution 6) Application CU- PL2011 -0855, NABOR Building November 16, 2011 Page 4 of 4 Packet Page -3792- Board of County Commissioners Item Number: 17.C. 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. CU- PL2011 -0855, NABOR Building, a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a conditional use to allow a religious facility and /or civic, social and fraternal organization within a C -1 zoning district pursuant to Subsections 2.03.03.A.1.c.4 and 2.03.03.A.1.c.5 of the Collier County Land Development Code for property located north of Pine Ridge Road and east of Goodlette Frank Road in Section 10, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] Meeting Date: 12/13/2011 Prepared By Name: GundlachNancy Title: Planner, Principal,Comprehensive Planning 11/4/2011 3:26:02 PM Submitted by Title: Planner, Principal, Comprehensive Planning Name: GundlachNancy 11/4/20113:26:04 PM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services, Comprehensive Date: 11/16/2011 5:46:46 PM Name: PuigJudy Title: Operations Analyst, CDES Date: 11/17/20113:04:47 PM Name: BellowsRay Packet Page -3793- Title: Manager - Planning, Comprehensive Planning Date: 11/17/2011 4:35:30 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 11/18/20113:12:21 PM Name: CasalanguidaNick Title: Deputy Administrator - GMD,Business Management & Budget Office Date: 11/21/2011 10:14:42 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 11/22/2011 1:19:11 PM Name: Klatzkowleff Title: County Attorney, Date: 11/22/20114:25:24 PM Name: lsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/29/20119:49:40 AM Name: OchsLeo Title: County Manager Date: 11/29/20114:58:43 PM Packet Page -3794- 12/13/2011 Item 17.C. ADEN[ 12/13/2011 Item 17.C. -•. 7 �ra e"r CrOt�t.f'IftjJ STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT HEARING DATE: NOVEMBER 3, 2011 SUBJECT: CU- PL2011 -855, NAPLES AREA BOARD OF REALTORS (NABOR) PROPERTY OWNER/AGENT: Property Owner: MLS of Naples, Inc. 1455 Pine Ridge Road Naples, FL 34109 REQUESTED ACTION: Agent: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 To have the Collier County Planning Commission (CCPC) consider an application for a Conditional Use to allow a church and/or civic, social and fraternal organization within a C -1 (Commercial Professional and General Office District) zoning district pursuant to Subsections 2.03.03.A. 1.c.4 and 2.03.03.A. 1.c.5 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject 4.43 acre site is located at 1455 Pine Ridge Road approximately 1,000 feet east of the intersection of Goodlette -Frank Road (CR 85 1) and Pine Ridge Road (CR 896), on the north side of Pine Ridge Road., in Section 10, Township 49 South, Range 25 East, Collier County, Florida. (See the location map on the following page.) The purpose of this petition is to obtain a Conditional Use approval to allow a church and/or civic, social and fraternal organization within a C -1 zoning district. The subject 4.43± acre site has two existing buildings, numbers 1455 and 1459 and related parking areas. In 1996 there was an approved Conditional Use for the current Church located in GU- PL2011 -855, NAPLES AREA BOARD OF REALTORS (NABOR) Page 1 of 8 - 4O 44 Packet Page -3795- ■ N N.A 12/13/2011 Item 17.C. » a _ I : \ v s B Qp 1N31 -3 (LSe a o) oroa �Nra�- 3u3iaoos i S31dVN 30 1.113 (lsa WO) aroa NNVaU-311310009 n— . 10— L » �^ 'aa a303vf aa s� L ana r�arxann s` � � :anon nrxva ^� � Y n Fr a b 8 f Z f.TS v l�vtu gb ut > n „ O - NOl1aY� Z [NOa 'JNTntrlaUdaN _ �`a � ] � avOtl tx+nmrlaaaarl w 2 H Q w O 7 V- u © _ 3n1a0 33U ^ ONtNano G J 66 sB� o_ s pp� a � ft m DEL r U 2 CL N. � ci g�a a S. — U �QC \ Onn Only 9u3Vo l:sa'ayl 3fA 00[ �6O 1'"UT .•.��� O R „8 CITY OF NAPLES n f �Nw3- 3u3,000� nsaroo, „ Wu ae` gig z „ » » a _ I : \ v s B Qp 1N31 -3 (LSe a o) oroa �Nra�- 3u3iaoos i S31dVN 30 1.113 (lsa WO) aroa NNVaU-311310009 n— . 10— L Packet Page -3796- 5� L V Z O N O U O J Lo 00 0 N J d U Z O H H w a aa s� L ana r�arxann s` � � :anon nrxva ^� � Y n Fr a b 8 f Z f.TS gb ut > n ` W O NOl1aY� [NOa 'JNTntrlaUdaN _ �`a � ] � avOtl tx+nmrlaaaarl 7 V- E 66 sB� o_ s pp� ft �QC \ Onn Only 9u3Vo l:sa'ayl 3fA 00[ �6O 1'"UT n f �Nw3- 3u3,000� nsaroo, „ Wu ae` gig ae$s x rs 0.r's'M yya y a >'sn7 'nvdi imrovYi lie s'nl final iwaiwdi �g royal q a asroo) 3N✓14 PI8a3UM:n g GULF OF MEXICO Packet Page -3796- 5� L V Z O N O U O J Lo 00 0 N J d U Z O H H w a Packet Page -3797- am 17.C. w r -- - -; 12/13/2011 It o°en t° n a INGRESS /EGRESS EASEMENT , `ck N� Epp R�� ASP�i pp 4 • • w ZONED: A. Z e o w o�� LAND USE: PINE RIDGE MIDDLE SCHOOL ' O a 6, 6, U{ p w BUFFER fy■■ w 5' WIDE TYPE A BUFFER z o °w ' - La Wok MV z p e� mo Wa a o mh � 2N m�m ■` P o o® oe P' ow z 1TTYPE1 A YPE E ' DE 10' < y°a Z0 BUFFER - T A I a " BUFFER zaN ® i H � 3 NON 39011 3NId 9L W ZONED: MOORINGS PARK ESTATES PUD LAND USE: RESIDENTIAL C WGW O NN Ny Wi O ' R yU OS Zw o O ' vN Km m 0 _ z O C7 ama O ' N 2 S N ' s 3 z ' Z ° qo 0 z ' 10' WIDE ww o < e 3 TYPE A BUFFER = p z W °¢° 0 O p z �C W pw _ w N� •- a °Q ° z w ®m® 20 o y 2 w 5 10' WIDE TYPE A BUFFER ■ ° z Packet Page -3797- am 17.C. w r INGRESS /EGRESS EASEMENT , OR 1737 PC 2296 10' WIDE O TYPE A ' O a 6, 6, U{ BUFFER _ w 5' WIDE TYPE A BUFFER z o °w ' - La Wok z p Wa o < ■` P o o® oe P' ow z Wo 'T, �B � < y°a Z0 I � 3 NON 39011 3NId ZONED: MOORINGS PARK ESTATES PUD LAND USE: RESIDENTIAL Packet Page -3797- am 17.C. w 12/1312011 Item 17.C. building number 1459, Resolution number 96 -487. (Please see Attachment A: Resolution 96- 487.) The proposed Conditional Use will allow for another church and/or civic, social and fraternal association use in the existing building number 1455. Please see the Site Plan on the previous page. The 1455 building is an existing facility of the Naples Area Board of Realtors (NABOR). It has a 295 seat conference and training center. The proposed Conditional Use will allow the expansion of the uses to include a 295 seat Church and other community groups. According to the applicant, a Conditional Use is only sought for the 1455 building (NABOR building). This is because the Church located in the 1459 building, as previously stated, has an approved Conditional Use for a church (Resolution number 96 -487) that is limited to that building. The 1459 building also has a long time lease with the property owner; it is not interested in pursuing an additional Conditional Use. Along with the two existing one -story buildings, the subject site has 272 existing parking spaces that exceed the parking requirements. Vehicular ingress and egress to the subject property exists from a direct right - in/right -out access to Pine Ridge Road. The subject property also has signalized access to Pine Ridge Road via the access easement serving the Mission Square shopping Center PUD. The site is buffered by existing landscape buffers. There are existing Type A landscape buffers along the internal property lines and a Type D right -of -way landscape buffer along Pine Ridge Road. According to the applicant, the proposed hours of operation for the additional Conditional Use consisting of a church and/or civic, social and fraternal association facility are from 7:00 a.m. to midnight, Sunday through Saturday. Outdoor music or entertainment shall cease at 10:00 p.m. These have been made Conditions 1 and 2 of the Conditions for approval: 1. The hours of operation on for the conditional uses are: 7:00 a.m. to 12:00 a.m. (midnight), Sunday through Saturday. 2. For any of the approved conditional uses located at 1455 Pine Ridge Road, outdoor music or entertainment shall cease at 10:00 p.m. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently developed, in the C -1 (Commercial Professional and General Office District) zoning district 1.. • 1►I 01- 131ILCK North: Pine Ridge Middle School, in the A (Rural Agricultural) zoning district CU- PL2011 -855, NAPLES AREA BOARD OF REALTORS (NABOR) Page 4 of 8 AA A• IA Packet Page -3798- 12/13/2011 Item 17.C. East: Strip shopping center in the Mission Square PUD (Planned Unit Development) and the 24 Hour Club in the C -1 (Commercial Professional and General Office District) zoning district South: Pine Ridge Road, then single - family homes in the Moorings Park Estates PUD (Planned Unit Development) West: Fire Station in the C -1 (Commercial Professional and General Office District) zoning district and a strip shopping center in the Pine Ridge Commons PUD (Planned Unit Development) Aerial GROWTH MANAGEMENT PLAN (GRIP) CONSISTENCY: Future Laud Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map of the GMP. This designation is intended to accommodate a variety of non - residential uses, including community facilities such as churches. The subject property has a zoning district designation of Commercial Professional and General CU- PL2011 -855, NAPLES AREA BOARD OF REALTORS (NABOR) Page 5 of 8 - 4n i4 Packet Page -3799- 12/13/2011 Item W.C. Office District (C -1). The purpose and intent of the commercial professional and general office district C -1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Churches, as well as civic, social and fraternal associations, are identified in the LDC as "conditional uses" in the C -1 zoning district. The subject property is developed with two buildings, a church facility and an office building, or the NABOR facility. As previously stated, a Conditional Use was approved for the existing church located in the 1459 building on October 22, 1996, by Resolution 96 -487. The NABOR office building, an allowed use in the C -1 zoning district, is a separate facility that was developed subsequent to the Conditional Use approval. Based upon the above analysis, Comprehensive Planning staff finds the proposed petition request consistent with the FLUE. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of the neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Subsections 2.03.03.A.1.c.4 and 2.03.03.A.1.c.5., of the LDC permits Conditional Uses in the Commercial Professional and General Office District (C -1) zoning district. The requested use for a church and/or civic, social and fraternal organization is permitted as a conditional use in the C -1 zoning district, subject to the standards and procedures established in section 10.08.00, Conditional Uses Procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the Growth Management Plan (GMP) and this project will be in compliance with the applicable provisions of the Land Development Code (LDC). 3. Ingress and egress to the 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. Ingress and egress to the subject property exists from a direct right- in/right -out access to Pine Ridge Road. The subject property also has signalized access to Pine Ridge Road via the access easement serving the Mission Square shopping Center PUD. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. CU- PL2011 -855, NAPLES AREA BOARD OF REALTORS (NABOR) Page 6 of 8 4M 4n 44 Packet Page -3800- 12/13/2011 Item 17.C. The NABOR building, located in the 1455 building, is surrounded by commercial strip shopping centers on either side along with a fire station and another fraternal organization. To the south, is another Church and to the north is a middle school. The proposed Conditions of Approval will insure that the proposed church and civic, social and fraternal association uses will have minimal impact on neighboring properties in relation to glare, economic or noise effects. 5. Compatibility with adjacent properties and other property in the district. The proposed church and civic, social and fraternal association uses are compatible with adjacent properties and other properties in the immediate area. As previously stated, the subject property is located between two strip shopping centers and is co- located on the subject site with an existing church facility. Based on the above findings, this conditional use is recommended for approval. NEIGHBORHOOD INFORMATION MEETING (NIM The applicant duly noticed and held the required meeting on October 5, 2011, at 5:30 p.m. at the NABOR Building. Other than the applicant, his agent and County Staff, there were no attendees at the meeting. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU- PL2011 -855 revised on October 11, 2011. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL2011 -855 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. The hours of operation for the conditional uses at 1455 Pine Ridge Road are: 7:00 a.m. to 12:00 a.m. (midnight), Sunday through Saturday. 2. For any of the approved conditional uses located at 1455 Pine Ridge Road, outdoor music or entertainment shall cease at 10:00 p.m. 3. The number of seats in any Church, civic, social and fraternal uses at 1455 Pine Ridge Road shall be limited to 295 seats. CU- PL2011 -855, NAPLES AREA BOARD OF REALTORS (NABOB) Page 7 of 8 Packet Page -3801- PREPARED BY: VIAMI& Ck7l JA'd-A NANCY N L CH, AICP, PRINCIPAL PLANNER GROW A AGEMENT DIVISION REVIEWED BY: T�' z5j't- RA ND V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION 1 LIAM D. L ENZ, Jr., .E., DIRECTOR GROWTH MANAGEMENT DIVISION APPR D BY: 7.� NICK CASALANGUE A, P AD INISTRATOR GROWTH MANAGEMENT DIVISION Attachments: Attachment A: Previous Resolution Attachment B: Resolution 12/13/2011 Item 17.C. a. 6t 206 DATE /0- ((. t( DATE I o - it. Z.at! DATE 10-1q-11 DATE Tentatively scheduled for the December 13, 2011, Board of County Commissioners Meeting CU- PL2011 -855, NAPLES AREA BOARD OF REALTORS (NABOB) Page 8 of 8 10 -6 -11 Packet Page -3802- m O z C") C r N W r- 0 I O z T� U N O z z G) P-5 -I L/ 1 .3 /N -I -I Item mg m d0 " ootx�w d7ns VANOERRILT DRIVE A Ic.ft. sotl °s� m n3 m - m A= gym Al TM.IIAMI TRAIL (U.S.<t) TAMIAMI TRAIL (U.S.41) TAMIAMI TRAIL (U.S. 61) (c.R. GOODLETTE-FRANK ROAD n GOODIETTE -FRAN S N ROAD A xSL N (PUD 85t) MLOPRN �a'cY Si MO ACRE GOODlET7F ROAD O GH i 9G il >4 n� e �G y ? z 31 D Q nm L 'f eucxLEV _ rG io 0 AIRPORT- PULLING ROAD -- AIRPORT - PULLING ROAD (C.R. 31) i OAAILLON `�$ �. � I _ 171 Znl P 4z ° (G.R. Ot) ri Cpi� Tai 2=n aim 3o u 3� p � � y 5 N PDJCAN MPRSIt n 2 (DR o LIVINGSTON ROAD Mz, c4 OVOtl NOISONINIT ° ARM NOT TO SCALE 17.C. O O z wza w —=DIM O � azo nnc O W z m O ' 10' WIDE TYPE A BUFFER ® 1 1 1 w F Mab,,,•,,,_ „,,,�� 12/13/2011 Item 17.C. w a g U 01^ a� y W U LL y a N Q Q Q H Qy w yQy Qy `� Qr Q] W LL d W r Or ZU y z a° N a <_ UW U- 2 W UN Z U6a.d y K6 11WL dU' dy ti yW �y yy yW aa M (� U Wa Z d z, < E a s W yNZ ° °a xo� o oig °z a° of aeON3 H O UVl LL i Ix o UN Km m �i QmQ ZO C N y y r n 0 N - II II ZONED: A, N M J J 3 a LL LAND USE PINE RIDGE MIDDLE SCHOOL �c°5 ��Jm wV O O z wza w —=DIM O � azo nnc O W z m O ' 10' WIDE TYPE A BUFFER ® 1 1 1 w F Mab,,,•,,,_ „,,,�� 12/13/2011 Item 17.C. w a g U 01^ a� y W U LL y a N Q Q Q H Qy w yQy Qy `� Qr Q] W LL d W r Or ZU y z a° N a <_ UW U- 2 W UN Z U6a.d y K6 11WL dU' dy ti yW �y yy yW aa M (� U Wa Z d z, < E a s W yNZ ° °a xo� o oig °z a° of aeON3 H O UVl LL i Ix o UN Km m �i QmQ ZO C N y y r n 0 N - now cg�gss 10' WIDE ' wV TYPE A C,N BUFFER — QZ 0 1 Z z W dr if i A Q J U O O D U Q Q W U • E ° d ardiim” ym, � y y O g w� mtOV nQ Z C W K _ a o ' L CZ Sg =� d000 m z C7 t o ' °U �mm0 ©yY a ~ z 0g W w >a ro- N U Q C INGRESS /EGRESS EASEMENT z W y 1 s 2 y ° w z4z ' of tO 10' WIDE TYPE A BUFFER JWIDE� z TYPE A BUFFER — a ly O H ' z W ¢ w G ' Z K ' 'o 1 .. V N ' oW G O Z N O O z wza w —=DIM O � azo nnc O W z m O ' 10' WIDE TYPE A BUFFER ® 1 1 1 w F Mab,,,•,,,_ „,,,�� 12/13/2011 Item 17.C. w a g U 01^ a� y W U LL y a N Q Q Q H Qy w yQy Qy `� Qr Q] W LL d W r Or ZU y z a° N a <_ UW U- 2 W UN Z U6a.d y K6 11WL dU' dy ti yW �y yy yW aa M (� U Wa Z d z, < E a s W yNZ ° °a xo� o oig °z a° of aeON3 H O UVl LL i Ix o UN Km m �i QmQ ZO C N '10' WIDE TYPE A BUFFER ° ' J d � W a � � U N J O rj ' y K UI � N O = w ° ' 0 Z O g e OV08 300IN 3NId e ZONED: MOORINGS PARK ESTATES PUD LAND USE: RESIDENTIAL Packet Page -3804- 00 V0� Imo W 3iHLL �a .y. ^� JO_JW Op LLQ wV C,N & E QZ 0 Z z W dr if i A Q J U O O D U Q Q W U • E ° d ardiim” ym, � y y O g w� mtOV nQ Z C N z Z s L CZ Sg =� d000 m z C7 t sN w0DQ °U �mm0 ©yY a ~ z 0g W w >a Q C INGRESS /EGRESS EASEMENT z OR 1737 PG 2296 1 s '10' WIDE TYPE A BUFFER ° ' J d � W a � � U N J O rj ' y K UI � N O = w ° ' 0 Z O g e OV08 300IN 3NId e ZONED: MOORINGS PARK ESTATES PUD LAND USE: RESIDENTIAL Packet Page -3804- 00 V0� Imo W 3iHLL �a .y. ^� JO_JW Op LLQ 12/13/2011 Item 17.C. RESOLUTION NO. 11- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A RELIGIOUS FACILITY AND /OR CIVIC, SOCIAL AND FRATERNAL ORGANIZATION WITHIN A C -1 ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.03.A.1.c.4 AND 2.03.03.A.1.c.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED NORTH OF PINE RIDGE ROAD AND EAST OF GOODLETTE FRANK ROAD IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 - 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 of a religious facility and/or civic, social and fraternal organization within a C -1 Zoning District pursuant to Subsections 2.03.03.A.1.e.4 and 2.03.03.A.1.c.5 of the Collier County Land Development Code on property hereinafter described, and the Collier County Planning Commission has made findings 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 Subsection 10.08.00.D. of the Land Development Code; 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 ZOIITINTG APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU- PL2011 -855 filed by D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. representing the Naples Area Board of Realtors (NABOR), with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a religious facility and /or civic, social and fraternal organization within a C- NABOB CU r CU- PL2011 -855 Revised 11; 07,f 1 I 1 of 2 Packet Page -3805- 12/13/2011 Item 17.C. 1 Zoning District pursuant to Subsections 2.03.03.A.1.c.4 and 2.03.03.A.1.c.5 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit "C ". Exhibits "A ", "B ", and "C" are attached hereto and incorporated herein by reference. 106 e BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super- majority vote, this day of , 2011. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C — Conditions CPA 1- CPS - 01113\29 NABOR CU / CU- PL2011 -855 Revised 11/07/11 2 of 2 Packet Page -3806- 12/13/2011 Item 17.C. PROPERTY DESCRIPTION OFFICIAL RECORDS BOOK 1657, PAGES 1522 -1523 PARCEL IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA, RUN WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 10 FOR 1300.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTHERLY PARALLEL WITH THE EAST LINE OF SAID SECTION 10 FOR 850.00 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10 FOR 245.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID SECTION 10 850.00 FEET TO THE SOUTH LINE OF SAID SECTION 10; THENCE EASTERLY ALONG SAID SOUTH LINE FOR 245.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT S.R. S -31 RIGHT -OF -WAY, AND SUBJECT TO UTILITY EASEMENT TO CITY OF NAPLES, AS RECORDED IN OFFICIAL RECORDS BOOK 520 AT PAGE 821, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CP \l I -CPS -01 1 1.3113 EXHIBIT A [REPRODUCED FROM BOUNDARY SURVEY BY Q. CRADY MrNTOR DATED 5/27/11] NABOR CU / CU- PL2011 -555 Packet Page -3807- 9/22/11 g O ZONED: A, IN, RIDGE WOM LAND USE' PI;!" SCH,^/X 10' WIDE TY RUF FE!,— --jr 3i if ■ 1),PE A YK A rn iJ —jM 4 f Yx OVOL4 30018 3Nid LAf,D USE: RESOENTIAL , a. TYPE A ITYPEIA Bu-rcR A z 0 (D -4 A INTRESS /EGRESS EASEMENT OR 1737 PG 2296 10' WIDE - TYP�- A 9ur P, C) u I � S ~ W —A :s w �li elk �l3 �uwQ Ll 0 W LLJ 0 22 Z z Q 0 (D -4 A INTRESS /EGRESS EASEMENT OR 1737 PG 2296 10' WIDE - TYP�- A 9ur P, C) u I —A :s w Z5 �uwQ Ll 0 LLJ 0 0 (D -4 A INTRESS /EGRESS EASEMENT OR 1737 PG 2296 10' WIDE - TYP�- A 9ur P, C) I —A :s w Z5 0 (D -4 A 12/13/2011 Item W.C. CONDITIONS FOR APPROVAL FOR CU- PL2011 -0855 The following conditions are applicable to Conditional Use numbers 4 and 5 of the C -1 Zoning District: 1. The hours of operation for the conditional uses at 1455 Pine Ridge Road are: 7:00 a.m. to 12:00 a.m. (midnight), Sunday through Saturday. 2. For any of the approved conditional uses located at 1455 Pine Ridge Road, outdoor music or entertainment shall cease at 9:00 p.m. Sunday through Thursday and 9:30 p.m. Friday and Saturday. 3. The number of seats in any Church, civic, social and fraternal uses at 1455 Pine Ridge Road shall be limited to 295 seats. 4. As stated in the petitioners application, the Church services will occur during off -peak hours. 4-TNM- yo Packet Page -3809- ti^ 12/13/2011 Item RESOLUTION 96- 487 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH AND CHURCH FACILITIES CONDITIONAL USE 10 IN THE C -1 /T ZONING DISTRICT PURSUANT TO SECTION 2.2.12.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OCT 2 2 199E WHEREAS,, the Legislature of the State of Florida in Chapter 67 -12460 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 it 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 Use "Ion of Section 2.2.12.3 in a C -1 /T zone for a church and church facilities on the property hereinafter described, and has found as a matter of fact (Exhibit "All) 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: Packet Page -3810- 1 - r 12/13/2011 Item 17.C. The petition filed by Dr. Neno J. Spagna of the Florida Urban Institute, Inc., representing The Church on the Rock 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 Use 1110" of Section 2.2.12.3 of the C -1 /T zoning district for a church and church facilities 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. Commissioner Hancock offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Mac'Kie and upon roll call, the vote was: AYES: Commissioner Hancock, Commissioner Mac'Kie, Commissioner Constantine, IsCommissioner Matthews, and Commissioner Norris AYS ABSENT AND NOT VOTING: ABSTENTION: Done this 22 day of ATTEST: _ DWIGHT E. BROCK, CLERK APP OVED AS TO FORM AND LEGAL SUFFICIENCY: MARJO IE M. STUDENT ASSISTANT COUNTY ATTORNEY CU -96 -15 RESOLUTION /18062 October , 1996. BOARD OF ZONING APPEALS COLLIER COUNTY,. FLORIDA BY: N C. MORRIS, CHAIRMAN -2- Packet Page -3811- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 12/13/2011 Item 17.C. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net APPLICATION FOR PUBLIC HEARING FOR; CONDITIONAL USE PETITION NO (PL) PROJECT NAME To be completed by staff' DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) M L S OF NAPLES INC ADDRESS 1455 Pine Ridge Road CITY Naples TELEPHONE # 239.597.1666 CELL # E -MAIL NAME OF AGENT D. Wayne Arnoid, AICP FIRM Q. Grady Minor and Associates, P.A. STATE FL ZIP 34109 FAX # ADDRESS 3800 Via Del Rey CITY Bonita Springs STATE FL ZIP 34134 TELEPHONE # 239.947.1144 CELL # FAX # 239.947.0375 E -MAIL warnold @gradyminor.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Packet Page -3812- 12/13/2011 Item 17.C. APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE ADDITIONAL APPLICANT INFORMATION NAME OF AGENT GREG URBANCIC, ESQUIRE FIRM COLEMAN, YOVANOVICH AND KOESTER, P.A. ADDRESS NORTHERN TRUST BANK BUILDING, 4001 TAMIAMI TRAIL NORTH, SUITE 300, NAPLES, FLORIDA 34103 TELEPHONE 239.435.3535 FAX 239.435.1218 EMAIL GURBANCIC @CYKLAWFIRM.COM Packet Page -3813- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 12/13/2011 Item 17.C. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http: / /www.colliergov .net /index.aspx ?paqe =774 NAME OF HOMEOWNER ASSOCIATION: N .A. MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP _ CITY STATE ZIP _ CITY STATE ZIP C i Y STAT E ZIP CITY STATE ZIP Packet Page -3814- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 12/13/2011 Item 17.C. Co *r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, fist all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). % of Name and Address Ownership N.A. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % Of Ownershin F- M L S OF NAPLES INC 100% 1455 Pine Ridge Road, Naples, FL 34109 Please see attached Exhibit 1 and 1a c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. % Of Name and Address Ownership N.A. Packet Page -3815- 12/13/2011 Item 17.C. EXHIBIT 1 2011 FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# 355116 Secretary ofState Entity Name: M.L.S. OF NAPLES, INC. Current Principal Place of Business: New Principal Place of Business: 1455 PINE RIDGE ROAD NAPLES, FL 34109 Current Mailing Address: 1455 PINE RIDGE ROAD NAPLES, FL 34109 FEI Number: 59- 1278745 FEI Number Applied For ( ) Name and Address of Current Registered Agent: RICHARDSON, JAMES M 1455 PINE RIDGE RD. NAPLES, FL 341109 US New Mailing Address: FEI Number Not Applicable (1 Certificate of Status Desired (X) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida, SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title; PRES Name: F10RETTI, BRENDA C Address: 621 5TH AVENUE SOUTH City -St -Zip: NAPLES, FL 34102 US Title: PREL Name: POTEET, WILLIAM H Address: 2640 GOLDEN GATE PKWY #114 City -St -Zip: NAPLES, FL 34105 US Title: DIR Name: ZORN. KATHRYN J Address: 1575 PINE RIDGE ROAD 016 City- St -Zlp: NAPLES, PL 34109 US T tle: TREA Name: STOUT, ANTONETTE M Address: 3411 TAMIAMI TRAIL NORTH #100 City -St- Zip; NAPLES, FL 34103 US Title: CEO Name: RICHARDSON, JAMES M Address: 1455 PINE RIDGE ROAD City-St-Zip: NAPLES, FL 34103 Title: VPSE Name: HUGHES, MICHAEL L Address: 3411 TAMIAMI TRAIL N #100 City-St-Zip: NAPLES, FL 34105 I hereby certify that the Information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JAMES M RICHARDSON CEO 04/2912011 Electronic Signature of Signing Officer or Director Date Packet Page -3816- 12/13/2011 Item 17.C. APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE EXHIBIT 1a ADDITIONAL DISCLOSURE OF INTEREST INFORMATION NABOR'S BYLAWS. ARTICLE XIX. SECTION 5: SUPERVISION. The business affairs of the MLS Corporation shall be managed by the Board of Directors of the MLS Corporation. Operational policy regarding the multiple listing service function of the MLS Corporation may be proposed by any internal NABOR entity established for that purpose by the Board of Directors of NABOR to the Board of Directors of the MLS Corporation (as long as NABOR is the sole shareholder of the MLS Corporation). In the event of a conflict between actions of the NABOR entity and the Board of Directors of the MLS Corporation, the action of the Board of Directors of the MLS Corporation shall control over the action of the NABOR entity; provided, however, that the actions of NABOR in its capacity as sole shareholder of the MLS Corporation, as approved by the Board of Directors of NABOR, shall control over actions of the Board of Directors of the MLS Corporation. (2/7/92) (1/1/97). Packet Page -3817- H W , H � R � A H , 0 .� w , •� H , o R � U2 , O H C7 N , v1 �N z z W H O , W x Lo U) , wa 0 0 H R W � O EA W W � H , O H U) z Z , N FC W z O 'U A a O u1 k r.0 U fd U W w , w P4 , H H ri H H ri H rl A H H r-1 ?H , A rl H ri ri r l ri rl r� ri ri r♦ H , U R����������.� E- +a0000000000 ryr ri H ri ri r3 rl r{ r-i r{ rl rl H o 0 0 0 0 0 0 0 0 0 0 H N rb O H x Z O H � H � P4 H i U i w CR i N 0 t� U U A rN O rTj �i ld 0 M , H w r rl O l O U , P4 ixxwxwxxxWwlx a H H x H P'., H H H x x H 1AAwA >ARAPaHA �6 •0agrt� Q a -14 -f1 •rl w r•i rtt r-i U 0 r-1 rd i4 rd .'{ H N •rl •rl H O �D 9 x k N E rid 3 ? F:9 -W v v 0 P4 - �i p 0 X � k -k U1-r +) '0 J-) � V! U P; U 4-1 N Ri N N N r-i •r{ U N 4.7 I H-I 0 O 3 M mil-..' r-i L !J O� 100•r1 ai:Jara•rl04J0 :UUwMWx4N04P4WN a O h Dl lD hCo CO O N ON 01 ('M h N r• Lid M w M M H If vi %D CO N N O Ln M O W H 01 O h M Ln O dr 00 N O O O O O Co O e-i O dr w w w w w 0 4, 0 w w ri N C+3 E N w O ii at z r♦ O H t. Packet Page -3818- 12/13/2011 Item W.C. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 12/13/2011 Item 17.C. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.coll iergov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. % of Name and Address Ownership N.A. e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. % Of Name and Address Ownership N.A. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N.A. October 13, 2010 Packet Page -3819- Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION g. Date subject property acquired lease yrs. /mos. 12/13/2011 Item 17.C. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net 1991 leased ❑ Term of If, Petitioner has option to buy, indicate the following: Date of option: N.A. Date option terminates: , or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 10 149 /25 Lot: Block: Subdivision: Plat Book Page #: Metes & Bounds Description: Property I.D. #: 00239960005 SIZE OF PROPERTY: ft. X ft. = Total Sq. Ft. Acres 4.43 + /- ADDRESS /GENERAL LOCATION OF SUBJECT PROPERTY: 1455 Pine Ridge Road Approximately 1000 feet east of Goodlette -Frank Road on the north side of Pine Ridge Road. 12/13/2011 Item 17.C. Co eT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ADJACENT ZONING AND LAND USE Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the C -1 zoning district for Religious Facility, and Civic, Social and Fraternal Association (type of use). Present Use of the Property: Naples Area Board of Realtors Offices Packet Page -3821- Zoning Land Use N A Pine Ridge Middle School S ROW and PUD Pine Ridge Road and Moorings Park Estates Residential E PUD and C -1 Mission Square Retail Center 24 Hour Club of Naples W PUD and C -1 Pine Ridge Commons Retail /Offices and Fire /EMS Station Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the C -1 zoning district for Religious Facility, and Civic, Social and Fraternal Association (type of use). Present Use of the Property: Naples Area Board of Realtors Offices Packet Page -3821- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 12/13/2011 Item 17.C. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net EVALUATION CRITERIA Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): See Exhibit 2 - Evaluation Criteria b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: See Exhibit 2 - Evaluation Criteria c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: See Exhibit 2 - Evaluation Criteria d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: See Exhibit 2 - Evaluation Criteria 12/13/2011 Item 17.C. Exhibit 2 Evaluation Criteria: Provide a narrative statement describing this request for conditional use. The Naples Area Board of Realtors ( NABOR) building is an existing facility, which has a conference and training center areas that can accommodate up to 295 seats. NABOR has been approached by a local church congregation who has expressed an interest in renting the conference and training center areas for weekday evening and /or Sunday morning worship services. NABOR has historically allowed numerous civic and social organizations to utilize the conference and training center areas. NABOR questioned whether all uses were incompliance with the C -1 or conditional uses for the C -1 district. NABOR decided to request the civil, social and fraternal association conditional uses as in order to insure that use of the conference facility for the NABOR organization and other community groups can continue as has been the practice since construction in 1993. All conditional uses will operate as a subordinate use to the NABOR facility. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): The subject property is zoned C -1, and per Section 2.03.03.A.1.3 of the LDC, churches and places of worship are permitted conditional uses. The property is designated Urban Residential on the Future Land Use Map and the Future Land Use Element indicates that churches, institutional uses, and community facility uses are permitted throughout the Urban area. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to Packet Page -3823- 12/13/2011 Item 17.C. automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Ingress and egress to the site exists from a direct right -in /right -out access on Pine Ridge Road, and the project has signalized access to Pine Ridge Road via the access easement serving the Mission Square Shopping Center PUD. A traffic impact statement has been waived for the : proposed conditional uses. Only minimal traffic impacts are associated with the church facility due to the off -peak hours for church services, and other civic, social or fraternal uses will either replace existing real estate functions in the conference and training center areas, or will be after peak traffic conditions. No level of service impacts are associated with the request. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: Tha nrnnncarl rhiirrh nnri rivil cn`bd and fratarnmi mccnriatinn imac 1./• V,./V J+V .Y �.. �.., . MI.M .. .i L4.. ...d. KJJ V..K• /V.. MJ6nJ anticipate no impacts to neighboring properties with regard to noise, glare, odor or economic impact. No immediate residential neighbors are adjacent to the site. The site immediately to the east is a developed shopping center, the property to the west is developed with a fire station and shopping center. Both of these shopping center neighbors contain restaurants and other more intensive uses than proposed for the NABOR site. Property to the north is developed with Pine Ridge Middle School, which is fenced and gated. South of the NABOR building is an existing 120 seat church building, which is adjacent to Pine Ridge Road. The proposed church and civil, social and fraternal association uses will be conducted indoors and no building improvements are required in order to use the existing building; therefore, no noise, glare, economic or odor impacts will result from the use. Packet Page -3824- 12/13/2011 Item 17.C. d. Describe the sites and the proposed use's compatibility with adjacent properties and other properties in the district: The proposed church and civil, social and fraternal association uses are compatible with adjacent properties and other properties in the immediate area. The uses are also consistent with the function of the NABOR facility since construction of the facility in the early 1990's. As stated above, the site is located between two community shopping centers and is co- located on the site with an existing church facility. The existing site buffering and site improvements provide measures for continued compatibility with the surrounding land uses. e. Please provide any additional information which you may feel is relevant to this request. The proposed church and civil, social and fraternal association uses will be a lease tenant in the existing NABOR building and will function as an off -hour and incidental use of the property. The primary use of the site will remain as NABOR. Impacts associated with the use of the avictinn rnnfaranra nnri traininn rantar araac fnr tha 7QS cant rhiirrh F........to �.. �..����.� 4��.4.i owl %..V L✓✓ J_. % and other civic, social and fraternal uses will primarily be off -peak hour and will not result in any operational or traffic safety issues. Packet Page -3825- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 12/13/2011 Item 17.C. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? NO Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes AN No if so please provide copies. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre - application meeting. a. A copy of the pre - application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8Y2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and /or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • locations of solid waste (refuse) containers and service function areas, • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and /or existing landscaping and buffering as may be required by the County, • location of all signs and lighting including a narrative statement as to the type, 12/13/2011 Item 17.C. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and /or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting. For TIS Guidelines and Procedures, please refer to the following link: http: / /www.colliergov.net/index.aspx ?page =566 . For additional questions, contact John Podczerwinky, 239 - 252 -8192 g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); h. Fees: Reference Pre -app notes for required fees and verify actual costs in current fee schedule Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the October 13, 2010 Packet Page -3827- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 12/13/2011 Item 17.C. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE- INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. October 13, 2010 Packet Page -3828- # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explaining the project ❑ ❑ Application (completed & signed) (download from website for ❑ ❑ current form) *Additional set if located in the Bayshore /Gateway Triangle ❑ ❑ Redevelopment Area)1 Addressing Checklist signed by Addressing 1 ❑✓ ❑ Conceptual Site Plan 24" X 36" plus (one 8 '/2 X 11 copy) ❑ ❑✓ ❑ Copies of Warranty Deed(s) 3 ❑✓ 1 ❑ (`mmnlc+oA ilu rner /Oncn4 AffirinvA+n nln }.�ri�ei-! vvinNicLcu vvvi�ciinycinnnivavua, ivv�a�iccu �1 n L_.I n I__I Environmental Impact Statement (EIS), and digital /electronic ❑ ❑ copy of EIS or exemption justification 3 Aerial photographs (taken within the previous 12 months min. 5 scaled 1"= 200'), showing FLUCCS Codes, Legend, and project ❑ Q boundary Statement of utility provisions (with all required attachments & 1 ❑ ❑ sketches Traffic Impact Statement (TIS), or waiver. For TIS guidelines & 7 ❑ ❑ procedures, refer to http: / /Www.colliergov .net /index.aspx ?page =566 Historical and Archeological Surrey, or waiver 4 ✓ ❑ Copies of State and /or Federal Permits ❑ ✓❑ Architectural Rendering of Proposed Structure(s) 4 ❑ ✓❑ Electronic copy of all documents and plans (CDROM or 2 ❑ ❑ Diskette) Boundary Survey 3 ❑✓ ❑ Affordable Housing or Economic Development Council Pro'ects. ❑ EDC "Fast Track" must submit approved copy of official 2 application ❑ ❑ ❑ Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. October 13, 2010 Packet Page -3828- 12/13/2011 Item 17.C. 240 ))Wednesday, November 23, 2011 NAPLES . DA I LY. NEWS !lTl1.E AR MEEflmn N MOT11M. If NOTICE OF PUBLIC HEARING TO CONSIDER'RESOLUTION Notice ':is hereby given that the Board of County Commissioners, as. the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, December 13, 2011, kin the Boardroom, 3rd Floor, Administration. Buildingg, Collier County Government Center, 3299 East Tamiami Trail, Naples,' Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: CU- PL2011 -0855, NABOR BUILDING, A RESOLUTION OF-'THE BOARD OF ,ZONING . APPEALS. OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A, CONDITIONAL USE TO ALLOW A RELIGIOUS FACIUTY. AND /OR CIVIC, SOCIAL AND FRATERNAL ORGANIZATION WITHIN . A C -1 ZONING. DISTRICT PURSUANT TO SUBSECTIONS 2.03.03A.1.C.4 AND 2.03.03.A.1.C.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE :FOR PROPERTY LOCATED NORTH OF PINE RIDGE ROAD AND EAST OF GOODLETTE . FRANK ROAD IN SECTION .10;'.TOWNSHIP. 49 SOUTH, RANGE 2$ EAST, COLLIER COUNTY, FLORIDA. A copy of the. proposed Resolution is on file with the Clerk to the Board, and is available for inspection. All interested parties are invited to attend and.be heard. NOTE: All Persons wishing to 'speak on any agenda item must register with`the County Administrator prior to ,presentation of the agenda item to be addressed. Individual speakers. will be limited to 3 minutes on any item. The selection of en individual . to speak on behalf of an .organization or group is. encourage& .. tf recognized by the :Chair, a spokesperson :for a group or organization may be allotted 10 minutes to speak on an item. ; Persons wishing to hand written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior . to the respective Public . hearing. In any case, written,' materials intended to be considered by the Board shall be submitted to the appropriate County staff. a .minimum of seven days prior to the public hearing. All material used in presentations before the Board . will become a permanent part of the record. Any: person who decides to appeal a decision of the Board will need 'a record of the proceedings pertaining thereto and therefore,' may need to ensure that "a verbatim record of the pproceedings is made, which record includes the testimony and evidence upon which.the appeal is based. If you are a person with a disability who needs any accommodation in order to.par- tiapate in this proceeding, you are entitled, at no cost to'you; to the provision of certain assistance. Please contact the Collier County : Facilities Management Department, located at 3301 Tamiami Trail East, Buifding W; Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, , 'BOARD OF COUNTY COMMISSIONERS BOARD'OF ZONING APPEALS . COLLIER COUNTY, FLORIDA' FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk. (SEAL) NovemhPr 73. 7011 No 1972765 Packet Page -3829-