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Resolution 2006-021 RESOLUTION NO. 06 - 21 - A RESOLUTION FOR THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER CUE- 2005-AR- 8568 FOR A ONE-YEAR EXTENSION OF CONDITIONAL USE EXTENSION FOR CU-2002-AR- 1943 FOR A CHURCH AND OTHER PLACES OF WORSI-llP IN THE RURAL AGRICULTURAL ZONING DISTRICT WITH MOBILE HOME OVERLAY (A-MHO) FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 30, TOWNSI-llP 48, RANGE 27, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for ,the protection of the public; and WHEREAS, the Cour.ty pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on October 22, 2002, the Board of Zoning Appeals approved Resolution Number 02-435, attached hereto and incorporated by reference herein, as Exhibit "A" which granted a conditional use pursuant to Subsection 2.2.3.3.5 of the Land Development Code (Ordinance No. 91-102, as amended), for a church and other places of worship, on the below described property; and WHEREAS, Subsection 10.08.E.3. of the current Land Development Code (Ordinance No. 04-41, as amended) provides that the Board of Zoning Appeals may grant one one-year extension for a conditional use which has not been commenced. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The written request of Blair A. Foley, PE, LLC. for one one-year extension of conditional use # CU-2002-AR-1943 for Golden Gate Seventh Day Adventist Church in interest of the following described property: "Exhibit B" is hereby approved pursuant to Subsection 1O.08.E.3 of the Land Development Code, and all conditions applicable to Resolution No. 02-435, attached hereto and incorporated herein as Exhibit "A", is hereby extended for one additional year until October 22,2006. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. CUE-2DDS-AR-8S68 lof2 This Resolution adopted after motion, second and majority vote. . II: . Done this -?J/ dayof ..1;'1,)/,(0 r'J7,~006. ATTEST: BOARd0F ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA b ;," 'Attnt," sIgnet.. " . ,. Apptovedas to form and legal sufficiency: ().(". ~~~-/ Frank Halas , H MAN -)JI(t'~iUL )}), ,Dhc<'u,,( Marjori' M. Student - 'Stirling Assistant County Attorney 'I (, ,( < ",\ 1.0-'. ... ij C\ IE.20DS.AR.8568 201'2 RESOLUTION NO. 02-~ A RESOL~ION PROVIDING FOR TIlE ESTABLISHMENT OF CONDITION{li. USE "7" FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE "A-MHO" ZONING DISTRICT PURsUANT TO SECTION 2.h.3 OF THE COLLIER COUNTy LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 , soum, lGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws ofFlorida, and Chapter 125, Florida Slatutes, has conferred on CoIiier County the power to establish, coordinate and enforce ZOninrl 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, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for tje zoning of particular geographic divisions of the County, among which is the granting of Con~tonal Uses; and WHEREAS, the COllTr County Planning Commission, being the duly appointed and constituted planning board fOI 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 "7" of Section 2.2.2.3 in an '~-MHO" Zone for a church and other places of worship on the property hereinafter deSCribed! and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance! with Subsection 2,7.4.4 of the Land Development Code for the Collier County Planning COITIIfission; and WHEREAS, all interesled parties have been given opportunity to be heard by this Board in a public meeting assembled bd the Board haVing considered all matters presented. I NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS I . OF COLLIER COUNTY, FLOrA that: The petition, identifiedl as CU-2002-AR_1943, filed by Terrance 1. Kepple, of Kepple Engineering Inc. representing Golden Gate Seventh Day Adventist Church stating with respect to the property hereinafter deSCribbd as: . I Exhibit "B" which is attached hereto and i incorporated by reference herein be and the sarne is hereby approved for Conditional Use 1"7" of Section 2,2.2.3 of th~ "A-MHO" Zoning District for a church and other places of worship in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following cOn~itions: Exhibit "0" which is attlhed hereto and incorporated by reference herein. EXHIBIT "A" Board. , BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this d d !:!} day of () C- TO 8, E R ,2002. ~~,..,'~..."\\\ \\ \ -,--' t,", . ~~i'JM:;,-~ \Il! --'..~.~~.......:.(:' III II, .. .",'>. . "o.~ " ; '''':f,:1'.TES;r" ,. "." " .-,'0; :bWIGfITi!.JBROCK, Clerk ; :;,': 'c:Attest,~$;,~~ l:/lafrman's ; '~;.: );lgnatute.lllnf,: \"".."..:""..~ "., {~~ ~(" ":b, Q... \ 'J."~ ........... .::1>'-' 0' J "':l:~~~6'Jf1I'~t~t1F~rrn and ~~ Patrick G, White Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: d~~ JAMM'N. COLETTA, C Attachments: A, B. e. D. Findings of Fact Boundary Survey and Legal Description Conceptual Master Plan Proposed Conditions CU-2002.AR_] 94JIKDIlo r " FlNDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: . Adequate ingress & egress Yes~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~-' ...q be recommended for approval DATE: q, Iq- tf'J-. I<~h~~ CHAIRMAN: EXHIBIT A ~.~ ::! >l i~'l! . 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RECEIVED MAR 2 5 2002 Planning Services Golden Gate 7th Day Adventist Propo'sed Church 500 seats Parking Required 3 spaces per 7 seats ' 500/7 x 3=214 Parking Provided 222 spaces Setbacks Front 50' Side 30' Rear 50' ~ ~ I I I cor-- .I~ I . ' I ~ il.l I Proposed Church Fellowship, Classrooms Office ., E j! z 0: ;;/ . ": " 0: ~ d G. ~ E ,... t-"-f Jl2.~J. S ead~'2.G- 'If sc.w: 1'-SO' DAn: "/IS/01 ~'P:i 4~ DRAD BY 380e heh.a.n.n j:'.e.., TUI: (H......) n 3<1". APP'D BT Q...41 +OO-l'700 TLK GOlden Gete 7th Day Adventist mu: .. - PIlOJECr ... Golden Gate 7th Day Adventist ..". Site Plan SEVENTH DAY ADVENTIST CHURCH; CU-2002-AR-1943 CONDITIONS OF APPROVAL 1. The conditional use approval to allow a church and other places of worship is limited to a maximum of 500 seats and a maximum of 15,000 square feet in two buildings that will be no larger than 70 feet by 100 feet and 80 feet by 100 feet. The use is further limited to what is depicted on the site plan identified as "Golden Gate 7th Day Adventist" prepared by Kepple Engineering, Inc" dated 6/13/01, stamped "Received March 25, 2002", except as further conditioned below. 2. Prior to submittal for any development approvals, the developer must re-design the site plan to show the following buffers: a) a minimum Type D buffer along the western boundary (Rivers Road) and the south em boundary (Ramsey Road) except that in that area shown as "existing vegetation to remain." In that area, the developer is only required to augment the existing vegetation as may be necessary to meet Type 0 standards. b) a 3D' wide landscape buffer along the east property line to conform to the following: · All existing indigenous vegetation must be preserved. · Re-grading of land or water management uses in this area in excess of a one-foot re-grading is prohibited within this buffer area. · A double row native (indigenous) hedge consisting of plantings of at least five foot in height above the adjacent parking lot pavement surface shall be planted at 36" on center. This hedge must be maintained at a height of no less than six-foot in height above the adjacent parking lot pavement surface. No fence or wall is required. · Existing tree canopies with gaps greater than 25 linear feet shall be supplemented with native Type B landscape buffer trees located to fill such gaps. The augmentation must be in place prior to the issuance of a certificate of occupancy. 3. The developer must provide confirmation of access rights on Rivers Road, pave the entire length of Rivers Road from Immokalee Rd to the southernmost property line prior to the issuance of a certificate of Occupancy, and provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line. 4. The area shown as "Existing Vegetation to remain" must be preserved in its existing state, except that exotics must be removed in compliance with condition #5. 5. An exotic vegetation removal, monitoring and maintenance plan that will maintain the site exotic-free in perpetuity must be submitted to Planning Services Section Staff for review and approval as part of the Site Development Pian submittal. 6. The conditional use will expire three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced; and further, the conditional use will expire one year following the discontinuance of the use for which the conditional use was granted unless the site was improved and or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 7. Should the parcel to the wes! develop before this parcel, this parcel's access paint must be re- designed to align with that access pOint. 8. Parking must be provided in compliance with the LDC requirements, in effect when site development approval is sought. 9. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. Revised 9/18/02 CU-2002-AR-1943 Exhibit 0 G:ICurrent\DeselemIConditional Usesl7\h Day Adventist Church CU.2002.AR.19431proposed conditions,doc