Backup Documents 01/12/2010 Item #17A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
11A
To: Clerk to the Board: Please place the following as a:
XXX ~ormal Legal Advertisement Other:
(Display Adv., location, etc.) ,.
***********************************************'~~~~**w....**..........._......,_........*.._.....
Originating Deptl Div: CDES.lZoniD!! Person: N~ ~pndlach, Alep Date: \ 21t? 'Cf)
Petition No. (ffnone, give brief description): CU-PL2009-17~,'~irst Haitian Baptist Mission Church
Petitioner: (Name & Address): Mr. Fred Hood. Davidson Engineering, 1530 Kraft Road, Suite 30 I, Naples, FL 34105
Name & Address of any person(s) to be notified hy Clerk's Office: (If more space is needed, attach separate sheet) First
Haitian Baptist Mission Church, 14600 Tamiami Trail East, Naples, FL 341 14
Hearing before
Bce
BZA
Other
Requested Hearing date:
Januarv 12.2010
Based on advertisement appearing 15 davs before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU-PL2009-170, First Haitian Baptist
Mission, Inc., represented by Frederick E. Hood, AICP, of Davidson Engineering, Inc., is requesting a Conditional Use
expansion in the Agricultural (A) zoning district pursuant to Land Development Code (LDC) Subsection 2.03.01.A.1.c.7.
The proposed Conditional Use will permit expansion of a church by adding 1,550 square feet to an existing church building
and by adding a new 19,281 square foot general purpose building. The 4.59 acre site is located at 14600 Tamiami Trail
East in Section t 2, Township 51 South, Range 26 East, Collier County, Florida.
Companion petition(s), ifany & proposed hearing date~
Does Petition Fee include advertising cost? Yes No TrYes, what accounr--mould be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by:
~H1-rn./?~
DIVision Administrator or Designee
Id-~-qo;
Date
List Attachments:
DISTRIBUTION INSTRl:CTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain lJivision Head
approval before submitting to County Manager. Note: If legal document is involved. be sure that any necessary
legal review, or request for same, is submitted to County Attorney befOl'e submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
A. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file.
****~~~**********************.**************************.*.**.****.********.**..*...*.*.**..****...
FOR CLERK'S OFFICE lISE ONLY:
Date Received: ~9Datc ofpublic hearing: -.1!Le.!lJ> Date Advertised: ~ 'l-[dJ:C
RESOLUTION NO. 09-
1 ?A
Ij
A RESOLtITION OF TIIE BOARD OF ZONING APPEALS OF
COLLIER COUNIY, FLORIDA, PROVIDING FOR TIIE EXPANSION
OF A CONDITIONAL USE TO ALLOW TIIE ADDITION OF 1,550
SQUARE FEET TO AN EXISTING CHURCH BUILDING AND
ADDING A NEW 19,281 SQUARE FOOT GENERAL PURPOSE
BUILDING WITHIN TIIE AGRICULTURAL (A) ZONING DISTRICf
PURSUANT TO SUBSECTION 2.03.01.A.1.C.7 OF TIIE COLLIER
COUNIY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED
AT 14600 TAMIAMI TRAIL EAST IN SECfION 12, TOWNSHlP 51
SOurn:, RANGE 26 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.
200~], 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 ofConditiooal Uses;
and
WHEREAS, by Resolution No. 93-190, a copy of which is attached hereto as Exhibit "A," the Board
of County Commissioners approved a Conditional Use for the establishment of the Conditional Use for the
First Haitian Baptist Mission, Inc. pursuant to Section 2.2.2.3.6 of the then-<:UITent Zoning Regulations,
subject to a number of conditions; 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 the expansion of the Conditional Use to allow the
addition of 1,550 square feet to an existing church building and the construction of a separate 19,281 square
foot general purpose building within the Agricultural (A) Zoning District pursuant to Subsection
2.03.0 I.A. I .c.7 of the Collier County Land Development Code on the 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
PL2009-QOOO170 Rev. 10130/09
Page I
,17A
met and that satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 10.08,00.0. 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 matten presented.
NOW, TIffiREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
Pctition Number PUOO9.{)000170 filed by Frederick E. Hood, AlCP, of Davidson Engineering,
Inc" representing First Haitian Baptist Mission, Inc, with respect to the property hereinafter described in
Exhibit "B", be and the same is hereby approved for the addition of 1,550 square feet to an existing church
building and adding a new 19,281 square foot general purpose building within the Agricultural (A) Zoning
District pursuant to Subsection 2.03.01.A.1.c.7 of the Collier County Land Development Code, in
accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in
Exhibit "0". Exhibits "B", "C" and "D" are attached hereto and inco'l'Orated herein by reference.
BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces Resolution No.
93-190, excepting the conditions set forth therein, which are incorporated by reference into this Resolution,
and that the remainder of Resolution No. 93-190 is accordingly repealed.
BE IT FURTIffiR RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this _ day of
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, Chairman
By:
PL2009-0000170 Rev. 10/30/09
Page 2
Approved as to form and legal
sufficiency:
DRAFT
17 A H'
Steven T. Williams
Assistant County Attorney
Attachments: Exhibit A: Resolution 93-190
Exhibit B: Legal Description
Exhibit C: Conceptual Site Plan
Exhibit D: Conditions of Approval
CNJ9..CPS-00957\1 B
PL2009-OO00170 Rev. 10/30/09
Page 3
17A
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EXHIBIT A
Page 1 of 6
17JLl
,"
MAY 11, 1993
Instltut.~ Inc., rapr..antinq First Haitian Baptist Mission. Inc.~
with respect to the property here.inafter de.scribed as:
Exhibit ~B" which is attached h~reto and incorporated by
reterence hRrath
De and the .... i. heraQy approved fer CondItional Use "6- of the
-A- zontnq district for a chu~eb and accessory Uses to . church in
aecordaD=- with the ConceptulIl Ma.ster Plan (Exhibit .c") and
~bj.ct to the Lollowln; canditionS1
A. Th. currant Planing Managar. .ay approve .inor chang.s in
the location. siting. or height ot buildings, St:ructurll.B,
and ~rov...nta authorized by the conditional use.
Expansion of the uses identitied and appro.....ed within this
con41tional use application, or .ajar Change. to the sit.
plan s~baitt.d a.s part at this application, ehall require
the .ubai~tal of . new conditional use applicatio~, and
shall comply vith all applicable county ordinances in
effect at the time ot subaittal, including DiVision J.3,
Site Development Plan Review and approval, ot the Collier
County Land Develop.ant COde, ordinanc& (91-~02).
8. Thi~ projoct shall be SUbject to sits Development Plan
(SOP) apprOVal in accordanc. with Division J.~ Dr the
COllier County Land Dev.lopment Code.
c. This project shall be required to meet all County
ordinances in effect at the tl~e tinal construction
document. are submitted for development approval.
D. This project .shall pe desi!1flad. in aecorda;nce ...i th SOllth
Florida Water Kanage~ent District rules tor vater
QUl:l.lity.
E. The us. or qrassed surfaces, with a stabilized subqrade,
shall be 11.Ltc~ to the parking spaces. All parkinq
~i~l.. ahall be p~ved. The stormwater ca1culatio~ .hall
consider all of the parking arees as iEpervious surCaces.
F. Connection to th* existing water facilities within the
u.s. 41.riqht-oC_....y is 4cquired and shall be completely
illustrated on the tinal site plan$. Supporting
engineeri"'!. construction drawings. Showing location,
contigurat on, and Bi~e, shall be provided at tha tr.e or
SOP review.
G. Prior to Final SDP apprOval, a lAtter froa.Rookery aay
Uti~itiea shall be submitted stating that the D~strlc~
has reviaved and approved sawer facilities construction
dOcu.ents for service to th. project.
H. The developer shall provide a letter verifying compliance
with Collier County Ordinance No. 80-112 reqarding the
availability and adequacy ot sewer servicQ for the
project at the time or bUlldinq permit subnission~
t. The lo~ation and size or all water mete~~ shall be shown.
J. Prior to Final sop approval, a l.ttcr or ~ater
availability from the COllier county Utilities Division
ahall ba providi!ld. .
K. The developer shall be subj~ct to all applicable
environmental s~ctions or the Collier County Land
-,-
Page 122-B
EXHIBIT A
Page 2 of 6
lIAr 11. 1993
Developaant Coda in effect at the ti.. of final
developaant order.
L. li1 vcrk on the access driveway shall be subject to .
'Florida DepartJDent of 'l'ransport.ation (FDOT) permit.
K. Latt and tight torn land off of U.S. 41 shall be
provlc1e4 at tha proj.ct acee.. .a part Dr: tba roadway
pe~itt:inv, unl... 4.n1N by the State of !'ll>rida
Deparblent. of Transportation.
If. Artarial level street light1.nq -.hall ba provided at the
entrance drive.
o. A firo protection vater .upply (fira hydrant) shall be
provided a.nd located vithin 500 fl!.et of tbe structure
....ur~ as tire apparatus would lay Qut the hoca.
(Re~.rene.' NFPA 1:~-'.S and Collier county Ordinance
Ntmber 92-72) .
az: 1'1' FURTHER RESOLVED that this Resolution be recorded in t:he
aiwtas of this Board..
co_i.sioner
Matthev.
offared t~. foregoln9
aesolution end .oved for its adoptlonl eeconded by co..issioner
Norri.s
and upon roll call, ~a vo~e wa.:
AYES: Cowmisslon~r Matthews, Commi..ioner Norris, CommL8siancr Volpe.
Commia_ioner Constantine and Commissioner Saunders
NAYS:
ABSENT AND NOT V07'ING:
AlISTENT'IOB:
Don_ this 11 t:h
dAy ot
HaT
. 1'93..
'.
BOARD OF ZOJlINC: APPEALS
:::iJ7;;2;OA
T L. SAUKDEKS. CHAIRMAN
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BAR.J E H. STUOEN'!
A;SSIBTMT COUNTY ATl'ORNE'i
CU-9~-17 RESOLUTION
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Page 122-C
EXHIBIT A
Page 3 of 6
17A
EXHIBIT A
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EXHIBIT A
Page 6 of 6
LEGAL DESCRIYflON
FOR
CU-PL2009-170
PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK
1833, PAGE 29B OF THE PUBLIC RECORDS OF
COLLIER COUN1Y, FLORIDA, BEING MORE PARTlCULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE
OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUN1Y, FLORIDA WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF STATE ROAD 90 (US. 41, TAMIAMI
TRAIL); THENCE ALONG SAID RIGHT OF WAY LINE N 54'
21' 00" W 1000.00 FEET FOR A PLACE OF BEGINNING;
THENCE S 35' 39' 00" W 400.00 FEET; THENCE N 54'
. 21' 00" W 500.00 FEET; THENCE N 35' 39' 00" E
400.00 FEET TO SAID RIGHT OF WAY LINE: THENCE ALONG
SAID RIGHT S 54' 21' 00" E 500.00 FEET TO THE PLACE
OF BEGINNING. CONTAINING 4.59 ACRES (+/~)
EXHIBIT B
17A
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CONDITIONS FOR APPROVAL
FOR
CU-PL2009-170
17A
1. The Conditional Use is limited to what is shown on the site plan, identified as "First Haitian
Baptist Mission Church Master Concept Plan," prepared by Davidson Engineering, dated
August 26, 2009. The final design must be in compliance with all applicable federal, state
and county laws and regulations. The Department of Zoning and Land Development
Review Director may approve minor changes in the location, siting, or height of buildings,
structures, and improvements authorized by this conditional use, so long as these minor
changes remain consistent with all applicable development standards.
2. The uses shall be limited to Church services, Sunday School, Bible Study, and receptions.
Day care uses are prohibited. The Church services shall be limited to Sunday, Wednesday
evenings, religious holidays and a maximum of 20 special events per year. Bible study
meetings shall be excluded from this limitation.
3. The hours of operation on the subject property are: 9:00 am. to 9:30 p.m. Sunday through
Thursday and 9:00 a.m. to 10:00 p.m. Friday and Saturday.
4. Outside music shall be subject to an amplified noise permit.
5. The number of seats in the Church shall be limited to 345 seats.
6. The use of the multipurpose building shall be limited to members of the congregation and
their guests.
7. The dumpsters shall be located along the southeast property line, and not immediately
adjacent to homes.
S. A minimum of 30% of the parking area shall be grass parking.
9. The general purpose building shall be limited to one-story and shall not to exceed a zoned
height of35 feet.
10. The petitioner shall acquire a cross access agreement or public access easement to provide a
pedestrian intercolU1ection as shown on the Master Concept Plan that cOlU1ects the Church
property to the residential neighborhood to the south prior to Site Development Plan
approval. This interconnection shall be shown on the Site Development Plan and shall be
constructed prior to the certificate of occupancy for the General Purpose Building.
11. A wall that is a minimum of 6 feet high shall be provided between the Church and the
residential land uses shall be consistent with the requirements of Section of 5.03.02 E. of the
LDC. The church may apply for an administrative fence waiver pursuant to Section 5.03.02
F. of the LDC for that portion of the southeast property line adjacent to the water
management lake from US 41 to where the building(s) are located.
EXHIBIT D
Teresa L. Polaski
17 A
From:
Sent:
To:
Subject:
Attachments:
RamirezHeather [HeatherRamirez@colliergov.net]
Wednesday, December 09,20098:13 AM
Minutes and Records
CU-PL2009-170, First Haitian Baptist Mission Church (NG)
CU-PL2009-170 Legal Ad.pdt; CU-PL2009-170 Resolution.pdt
Here is legal ad 1 of 4.
Heather L. Ramirez
Planning Technician
Zoning & Land Development Review
2800 N. Horseshoe Drive
Naples, FL 34104
(239)252-2930
i'
t\.
cJli~l' COuHf,y
"M"_''''''''''-~'''''''<'''-'''\~~'''''''''''''';'~'
1
17A
Acct #068779
December 9,2009
Attn: Legals
Naples Daily News
1100 lmmokalee Road
Naples, Florida 34110
Re: CU-PL2009-170, First Haitian Baptist Mission Church
Dear Legals:
Please advertise the above referenced notice on Sunday, December 27, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
17A
~ ~~
"
NOTICE OF PUBLIC HEARING
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, January 12, 2010, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE EXPANSION OF A CONDITIONAL USE TO ALLOW
THE ADDITION OF 1,550 SQUARE FEET TO AN EXISTING CHURCH BUILDING
AND ADDING A NEW 19,281 SQUARE FOOT GENERAL PURPOSE BUILDING
WITHIN THE AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION
2.03.01.A.1.c.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED AT 14600 TAMIAMI TRAIL EAST IN SECTION 12,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
The Board will consider Petition: CU-PL2009-170, First Haitian
Baptist Mission Inc., represented by Fredrick E. Hood, AICP, of
Davidson Engineering, Inc., is requesting a Conditional Use
expansion in the Agricultural (A) zoning district pursuant to
Land Development Code (LDC) Subsection 2.03.01.A.l.c.7. The
proposed Conditional Use will permit expansion of a church by
adding 1,550 square feet to an existing church building and by
adding a new 19,281 square foot general purpose building. The 2.59
acre site is located at 14600 Tamiami Trail East in Section 12,
Township 51 South, Range 26 East, Collier County, Florida.
A copy of the proposed Resolution is on
Board and is available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
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 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have 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.
17A
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 proceedings 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 participate 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, Building 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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
eowpty6f Co Bier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI T~AIL EAST
P.O. BOX 413044
NAPLES. FLORIDA 34101-3044
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 9,2009
Mr. Fred Hood
Davidson Engineering
3530 Kraft Road, Ste. 301
Naples, FL 34105
Re: Petition: CU-PL2009-170, First Haitian Baptist Mission Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 12,2010, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 27,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ vcM\Gck
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.colliercIerk.com
Fax (239) 252-2755
Email: colliercIerk@.colliercIerk.com
Dwight E. Brock
Clerk of Courts
COHptyofCollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 4 n044
NAPLES, FLORIDA 3,410 J -3044
17A
''f
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 9,2009
First Haitian Baptist Mission Church
14600 Tamiami Trail East
Naples, FL 34114
Re: Petition: CU-PL2009-170, First Haitian Baptist Mission Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 12,2010, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 27,
2009,
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~'-
V.
eresa Polaski, ,
Deputy Clerk
I' ~ <
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: colIierclerk@collierclerk.com
17A
Teresa L. Polaski
To:
Subject:
legals@naplesnews.com
CU-PL2009-170, First Haitian Baptist Mission Church
Legals,
Please advertise the following on Sunday, December 27,2009. Thanks
~ ~
CU-PL2009-170.d CU-PL2009-170.d
oc oc
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@colliercl erk. com)
1
17A
Teresa L. Polaski
From:
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk.com
Wednesday, December 09, 20094:45 PM
Teresa L. Polaski
Delivery Status Notification (Relay)
ATT513903.txt; CU-PL2009-170, First Haitian Baptist Mission Church
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legals~naDlesnews.com
1
Teresa L. Polaski
17A
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, December 10, 2009 10:05 AM
Teresa L. Polaski
RE: CU-PL2009-170, First Haitian Baptist Mission Church
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk,com]
Posted At: Wednesday, December 09, 2009 4:45 PM
Posted To: Legals - NDN
Conversation: CU-PL2009-170, First Haitian Baptist Mission Church
Subject: CU-PL2009-170, First Haitian Baptist Mission Church
Legals,
Please advertise the following on Sunday, December 27, 2009. Thanks
<<CU-PL2009-170.doc>> <<CU-PL2009-170.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
IT eresa.Po laski@collierclerk.com)
Under Florida Law, e-mail addresses arc public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Teresa L. Polaski
17A
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, December 10, 200912:10 PM
Teresa L. Polaski
Ad Confirmation
UAS6EC.jpg
ATTACHED please review your notice & confirm approval via email.
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
213-6861
placing your ad.
12/27 /89
NDN
1838783
$287.18
1
NOTICE OF PUBLIC HEARING
Notke Is hereby given that the Board of County Cammls5faners, as the Board of 17 A
Zoning Appeals, of Collier County will hold a publl( hearing on TIJesday, January
12,2010, In the Boardroom, 3rd Floor, Administration Building, Collier COI.Jnty Gov-
€'mment Center, 3301 East Tamiaml Trail, Naples, Florida. TnI:.' meeting will begin
at 9:00 A.M. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORI.
DA PROVIDING FOR THE EXPANSION OF A CONDITIONAL LJSE TO ALLOW THE AD-
DITION OF 1.550 SQUARE FEET TO AN EXISTING CHURCH BUILDING AND ADDING A
NEW 19.281 SQUARE FOOT GENERAL PURPOSE BUilDING WITHIN TJ-IE AGRICUL.
TURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 1.03.01A1,c.7 OF THE
COLLlm COUNTY lAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 14S00
T AMIAMI TRAIL EAST IN SECTION 12.. TOWNSHIP 51 SOUTH. RANGE 26 EAST. COL-
LIER COUNTY, FLORIDA.
The 80ard will conSider Petition: CU.PU009-170, First Haitian BaptiST Mission In..,
re-.presented by Fredrick L Hood. AICP. of Davidson Engineenng. Inc., is requesting
,1 Conditional Use expansion in the Agricultural (A) zoning distrkt pursuant to
Land Development Code (LDC) Subsection 2.03.01.A1.c 7 The proposed Condition-
al Use 1/\/111 permitexpans'lon of a church by adding 1,550 square feet to an existing
church building and by adding a new 19.281 square foot general purpose building
The 2.59 acre site IS located at 14600 Tamlami Trail East In Section 12. Township 51
South. l~ange 26 East. Collier County, Florida,
A copy of the proposed Resolution is on fi It? With the Clerk to the Board and IS
available for inspection. Alllnt!!re>ted parties are Invited to attend and be heard.
NOTE: All Persons wishing to speak on any agenda Item must register with the
County Adn1ll1iSTrator pnor to presentation of the agenda Item to be addressed.
Individual speakers Will be limited to 5 minutes on any item The selection of an in.
divldi.Jal tD ;;peak on beh"lf of an organization or group is encouraged, If recog-
nize,j by the (him, a spokesperson for a group or organization may be alll:med 10
minutes to speak an .311 item.
Persons wishing to halle 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 approprlat.e COIJrlty staff a minimum of seven days
prior to the public lieadng. All material used in presentation;; before the Board
will become a permanem: part of the record.
Any person who decides to appeal a decision of the Hoard will need a record of the
proceedings pertaining thereto and therefore, may need to ansure that a verbatim
record of tha proceedings is made, which rewrd includes the testimony and evi.
dence upon which the ap~al is based
If you are a per;on .with a disability who needs any acmmmodation in order to par.
ticipate in this proceeding. you are entitled, at no emt to you, 10 the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3301 Ta miami Trail East. Buildin!1 W, Naples, Florida 34112,
(239)252-8380 Assisted listening devices for the hearing impaired are available in
the County CommissiQm=rs' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONI~>4G APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA. CHAIRMAN
DWIGHT E BROCK, CLERK
By: Teresa Polaski. Deputy Clerk
(SEAL)
December 27, 2009
No1830703
::O-lj :-n
I ,____
COLL!~R CC!~!~.!:- "[, FLU;~llJl~
17A
0"10 J" -: P1 8' 58
,'.:.'i:.J ...1:'\ v
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
CLEt'<f'. ,.: :.,:dJRTS
Affidavit of Publicatiali---
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on December 27,2009
1 time in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in CoHier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida. for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, finn or corporation any discount. rebate,
commission or refund for the purpose of securing this advertisement for
P~i~~
( Signature of affiant)
Sworn to and subscribed before me
This 30th day of December, 2009
""'"''''
~..~';,;~t'-\H Plj<':,~~ KAROL E KANGAS
...~ . f' ('...
f. : : . ~ Notary Public. Stale 01 Florida
~<!;,.. f'_~~~:: My Comm, Expires Ju129, 2013
-,{: q ,I't}' Commission # 00 912237
"'"''''
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NnlA1n701
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 A 'f..
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE .
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line thrau h routin lines #1 thfOU #4, com lete the checklist, and forward to Sue Filson line#5 .
Route to Addressee(s) Office Initials Date
List in routin order
1. Judy Puig
Community Development and
Environmental Services
2.
3.
4.
5. ~'1" ",noOf!, Executive Manager
I ~ rJ rTCkl e.u..
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed ill the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman. s signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Nancy Gundlach Phone Number 239-252-2484
Contact
Agenda Date Item was January 12,2010 Agenda Item Number 17 A
Approved by the BCC
Type of Document Resolution ()O \O-Oi Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
hy the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorne
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofth
document or the final ne otiated contract date whichever is a lieable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC otTice within 24 hours ofBCC approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware our deadlines!
The document was approved by the BCC on . (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the ehan es, if a licable.
Yes
(Initial
2.
3.
4.
5.
6.
I: Forms! County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date: January 14,2010
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 20] 0-04: PL2009-] 70: First Haitian Baptist
Mission Church
Enclosed please find one copy of the document referenced above,
Agenda Item #] 7 A, adopted by the Board of County Commissioners
on Tuesday, January ]2, 20]0.
The original document will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
17 A
17A
RESOLUTION NO. 10- 04
A RESOLUTION OF THE BOARD OF ZON[NG APPEALS OF
COLLIER COUNTY, FLORIDA, PROVID[NG FOR THE EXPANS[ON
OF A CONDITIONAL USE TO ALLOW THE ADDITION OF 1,550
SQUARE FEET TO AN EXISTING CHURCH BUILDING AND
ADD[NG A NEW [9,281 SQUARE FOOT GENERAL PURPOSE
BUILD[NG WITHIN THE AGRICULTURAL (A) ZONING DISTRICT
PURSUANT TO SUBSECTION 2.03.01.A.1.C.7 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED
AT 14600 TAMIAMI TRA[L EAST [N SECTION 12, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legis[ature of the State of F[orida in Chapter 67-1246, Laws of F[orida, and
Chapter 125, F[orida 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, by Resolution No. 93- [90, a copy of which is attached hereto as Exhibit "A," the Board
of County Commissioners approved a Conditional Use for the establishment of the Conditional Use for the
First Haitian Baptist Mission, Inc. pursuant to Section 2.2.2.3.6 of the then-current Zoning Regulations,
subject to a number of conditions; 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 the expansion of the Conditional Use to allow the
addition of 1,550 square feet to an existing church building and the construction ofa separate 19,281 square
foot general purpose building within the Agricultural (A) Zoning District pursuant to Subsection
2.03.0 I .A. I .c. 7 ofthe Collier County Land Development Code on the 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
PL2009-0000170
Rev. 12117109
101'3
17 A
met and that satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 1O.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 ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
Petition Number PL2009-0000 170 filed by Frederick E. Hood, AICP, of Davidson Engineering,
Inc., representing First Haitian Baptist Mission, Inc, with respect to the property hereinafter described in
Exhibit "B", be and the same is hereby approved for the addition of 1,550 square feet to an existing church
building and adding a new 19,281 square foot general purpose building within the Agricultural (A) Zoning
District pursuant to Subsection 2.03.01.A.1.c.7 of the Collier County Land Development Code, in
accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in
Exhibit "D". Exhibits "A", "B", "c" and "D" are attached hereto and incorporated herein by reference.
BE IT FU R THER RESOLVED that this Resolution hereby supersedes and replaces Resolution No.
93-190, excepting the conditions set forth therein, which are incorporated by reference into this Resolution,
and that the remainder of Resolution No. 93-190 is accordingly repealed.
BE IT FURTHER RESOLVED that this Resolution be recorded In the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this 12 day of
jQV\\J.0Jr\-,2010.
ATTEST;
DWIGHT E..BRmel\;., CLERK
~,~~c.c
At~st I' .~ ~~I'ik
~10~~ur' oi'" ."
. ;'fl",',
BOARD OF ZONING APPEALS
COLLIEI}.COUNTY, FLORIDA
,
J. 1/
B r'.J.'.t-".._.........".......
Y:f" ~,,'_.. 'a'
DONNA FIALA, Chairman
PL2009-0000 170
Rev. 12117/09
20f3
17 A
Approved as to form
and legal sufficiency:
~r--7.W.U .
Steven T. Williams
Assistant County Attorney
Attachments: Exhibit A: Resolution 93-190
Exhibit B: Legal Description
Exhibit C: Conceptual Site Plan
Exhibit D: Conditions of Approval
CP\09-CPS-00957\33
PL2009-0000 170
Rev. 12117/09
3 on
EXHIBIT A
Page 1 of 6
EXHIBIT A
Page 2 of 6
MAY 11, 1993
Development Code in effect at the time of final
developaent order.
L. All work on the access driveway shall be subject to a
Florida Department of Transportation (FOOT) permit.
K. Lett and r!9ht turn lanes off of U.S. 41 shall be
provided at the project access as part of the roadway
permitting. unless denied by the State of Florida
Department of Transportation.
N. Arterial level street lighting shall be provided at the
entrance drive.
o. A fire protection water supply (fire hydrant) shall be
provided and located within 500 feet of the structure
measured as fire apparatus would layout the hose.
(Reterence: NFPA 1:)-5.5 and Collier County Ordinance
Number '2-72).
BE IT FURTHER RESOLVED that this Resolution be recorded in the
_inutes of this Board.
C01Ulissioner
Matthews
offered t~e foregoing
Resolution and moved tor its adoption, seconded by Commissioner
Norris
and upon roll call, the vote was:
AYES: Commissioner
Conmissioner
NAYS:
Matthews, Commissioner Norris, Commissioner Volpe,
Constantine and Commissioner Saunders
ABSENT AND NOT VOTING:
ABSTENTION:
Done this 11th
day ot
Mav
, 1993.
>
.~. .\J);17iJ,:.
:'-:ATTEST' .......,t'Q>
I.~G~.E. 'B~6c~ CLERK
f..:; .c.. . .:-
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..
BOARD OF ZONING APPEALS
::~1;t~DA
T L. SAUNDERS. CHAIRMAN
(.-
. '.i', _ ..~
'/)i~J L'In. :Dh J b.,k
HARJOR E K. STUDENT
ASSISTANT COUNTY ATrORNEY
CU-92-17 RESOLUTION
nb/9154
-3-
Page 122-C
EXHIBIT A
Page 3 of 6
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EXHIBIT A
Page 4 of 6
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EXHIBIT A
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17A
LEGAL DESCRIPTION
FOR
CU-PL2009-170
17 A
.
PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK
1833, PAGE 298 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE
OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF STATE ROAD 90 (US. 41, TAMIAMI
TRAIL); THENCE ALONG SAID RIGHT OF WAY LINE N 54"
21' 00" W 1000.00 FEET FOR A PLACE OF BEGINNING;
THENCE S 35" 39' 00" W 400.00 FEET; THENCE N 54"
21' 00" W 500.00 FEET; THENCE N 35" 39' 00" E
400.00 FEET TO SAID RIGHT OF WAY LINE: THENCE ALONG
SAID RIGHT S 54" 21' 00" E 500.00 FEET TO THE PLACE
OF BEGINNING CONTAINING 4.59 ACRES (+ / -)
EXHIBIT B
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CONDITIONS FOR APPROVAL
FOR
CU-PL2009-170
17A
1. The Conditional Use is limited to what is shown on the site plan, identified as "First Haitian
Baptist Mission Church Master Concept Plan," prepared by Davidson Engineering, dated
August 26, 2009. The final design must be in compliance with all applicable federal, state
and county laws and regulations. The Department of Zoning and Land Development
Review Director may approve minor changes in the location, siting, or height of buildings,
structures, and improvements authorized by this Conditional Use, so long as these minor
changes remain consistent with all applicable development standards.
2. The uses shall be limited to Church services, Sunday School, Bible Study, and receptions.
Day care uses are prohibited. The Church services shall be limited to Sunday, Wednesday
evenings, religious holidays and a maximum of 20 special events per year. Bible study
meetings shall be excluded from this limitation.
3. The hours of operation on the subject property are: 9:00 a.m. to 9:30 p.m. Sunday through
Thursday and 9:00 a.m. to 10:00 p.m. Friday and Saturday.
4. Outside music shall be subject to an amplified noise permit.
5. The number of seats in the Church shall be limited to 345 seats.
6. The use of the general purpose building shall be limited to members of the congregation and
their guests.
7. The dumpsters shall be located along the southeast property line, and not immediately
adjacent to homes.
8. A minimum of 30% of the parking area shall be grass parking.
9. The general purpose building shall be limited to one-story and shall not exceed a zoned
height of35 feet.
10. The petitioner shall acquire a cross access agreement or public access easement to provide a
pedestrian interconnection as shown on the Master Concept Plan that connects the Church
property to the residential neighborhood to the south prior to Site Development Plan
approval. This interconnection shall be shown on the Site Development Plan and shall be
constructed prior to the certificate of occupancy for the General Purpose Building.
11. A wall that is a minimum of 6 feet high shall be provided between the Church and the
residential land uses and shall be consistent with the requirements of Section 5.03.02 E. of
the LDC. The church may apply for an administrative fence waiver pursuant to Section
5.03.02 F. of the LDC for that portion of the southeast property line adjacent to the water
management lake from US 41 to where the building(s) are located.
EXHIBIT 0