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Agenda 01/27/2009 Item #17D Agenda Item No. 17D January 27,2009 Page 1 of 73 EXECUTIVE SUMMARY CU-2008-AR-13639, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, represented by Alan Brewer of Reynolds, Smith and Hills, is requesting a Conditional Use for a church in the Residential Single-Family (RSF-3) Zoning District, as specified in Section 2.03.02,A,1.c.2 of the Collier County Land Development Code (LDC). The 4.63-acre subject property is located at 4935 23rd Court SW in Section 21, Township 49 South, Range 26 East of Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced application for Conditional Use No.2 of the Residential Single-Family (RSF-3) Zoning District, as provided in Section 2.03.02.A.l.c.2 of the Collier County Land Development Code (LDC) (Ordinance No. 2004-41, as amended), to permit a church; and to insure that the community's interests are maintained. CONSIDERATIONS: ~ According to information obtained from the Property Appraiser, the applicant purchased the subject property in 1974, and subsequcntly constructed a house of worship approximately five years later. Although the 1968 Zoning Ordinance, amended in February of 1973, began the requirement Jar Provisional Use (now called Conditional Use) approval for houses of worship in residential zoning districts, no Provisional Use for this property is referenced on either the zoning map or the plat map. Unfortunately, no other County records are available, which is not uncommon for structures built prior to 1980, the year the County converted to an electronic archival system. Nevertheless, County records do show that the original, approximately 3,600 square-foot, (me-story building was expanded to 15,185 square feet in 1985. With this petition, the applicants are seeking Conditional Use approval to allow the construction of an additional 2,588 square feet of area. Presently, the main chapel accommodates 209 scats; and an ovcrflow room (used on holidays, for larger services, Sunday school classes and meetings) holds another 114 seats. The church also has a secondary, 46-seat chapel. The church olfers three services on Sundays: two services are at 10:00 a.m., conducted in English in the primary chapel and Haitian Creole in the secondary chapel; and one at I :00 p.m., conducted in Spanish in the primary chapel. ,-- As shown on the Conceptual Site Plan contained in Exhibit C of the Resolution, entitled, "Naples Meetinghouse Conceptual Plan," prepared by Reynolds, Smith and Hills, Inc., and dated June 12, 2008 as revised through December 8. 2008, vehicular access to the site would be provided from existing access points on the site'.s 23'd COUli SW frontage and 50th Street SW ii'ontage. Pedestrian access would be alforded from each of these access points via five-foot wide sidewalks along the property's perimeter, adjacent to the four surrounding roadway frontages, thereby linking the church site to its neighboring parcels. The proposed building addition on the northeast side of the existing chmch would provide CU-2007-AR-126l9 Page lof4 Ag01yja Item No. 17D January 27, 2009 P"ge 2 of 73 2,428 square feet of non-worship area; and on the southwest side, a 160 square-foot foyer is proposed. Both of these additions would be one-story, with a maximum zoned height of 35 feet, as permitted by the RSF-3 Zoning District. Neither structure would encroach into the district's required 30-foot setback yard from each of the roadway frontages. Forty-two additional parking spaces, bringing the site's total number of spaces to 177, are also proposed. Stomlwater management for the church would be handled by existing detention areas, both of which are proposed to be re-graded, along the sites eastem and northem frontages. Perimeter landscape buffers would include the required 15- foot wide Type D buffers along each of the property's roadway frontages. FISCAL IMPACT: The proposed church expansion, 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 Conditional 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 all applicable impact fees before the issuance of building permits to help offset the impacts of each new dcvelopment on its public facilities. These impact fees are used to fund projects identified in the Growth Management Plan's (GMP) Capital Improvement Element (CIE) needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02.07(C) of the Land Development Code, 50 percent of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building pemlit include building pemlit review fees. It should be noted that the inclusion of impact fees and collected taxes are for infonnational purposes only, and they are 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 propcrty as identified on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP) is designated Urban Mixed Use District, and both the Urban Residential Subdistrict and the High-Dcnsity Residential Subdistrict. Areas within these designations are meant to accommodate residential and non- residential uses, which include community facilities such as churches. Howcvcr, Comprehensive Planning stafflcaves the determination ofthc compatibility of the proposed use with the sU1Tounding area to Zoning and Land Development Review staff as pali of its review of the petition in its totality. Conservation & Coastal Mana!.(cment Element (CCME): The Environmental Review staff has reviewed this petition for consistence with the CCME and they have detemlined that there are no environmental issues associated WIth it as proposcd. Based on 1975 aerials, the CU-2007-AR-12619 Page20f4 )\gsnda item rJo. 17D January 27, 2009 PEJge 3 of 73 site has been completely cleared. Since the 15 percent preserve requirement is based on what native vegetation cxists, and no native vegetation has returned, a preserve arca is not being required for this project. Therefore, the Environmental Review statT has deemed this petition to be consistent with the CCME. Transportation Element: The Transportation Services Department has reviewed the applicant's Traffic Impact Statement (TIS) and has found the site-generated traffic to be consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. However, any day care use shall be limited to church services only since it is not listed as a proposed use in the Traffic Impact Statement (TIS) or as a permitted use in the Conditional Use application. Based on the above analysis, staff concludes the proposed Conditional Use may be deemed consistent with the FLUE of the GMP. AFFORDABLE HOUSING IMPACT: Approval of this Conditional Use would have no affordable housing impact. ENVIRONMENTAL ISSUES: The Environmental Services Departmcnt has reviewed this petition and has recommended approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because no protect cd species or wetland impacts were identified on the site. However, the Environmental Services Department has reviewed this petition and has found no environmental issues associatcd wlth it. COLLIER COIJNTY PLANNING COMMISSION (CCPC) RECOMMENDA nON: The CCPC hcard this petition at thcir December ] 8, 2008 mceting, and votcd 9-0 to forward it to the BZA with a recommendation of approval, subject to the following conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Naples Meetinghouse Conceptual Plan," prepared by Reynolds, Smith and Hills, Inc., and dated June 12,2008 as revised through Deccmber 8, 2008. The site plan noted is conceptual in nature for Conditional Use approval only. The tinal design must he in compliance with all applicable federal, state, and county laws and regulations. 2. Day care operations shall he limited to those provided during church services only. CU-2007-AR-12619 Page 3 01'4 '1(:::'); tjo.i-7D ~~7. ~C):""J ::1(:"~ 'Jf 7'3 3. The number of paved parking spaces on the site shall be limited to 177 spaces. Because this item received a unanimous recommendation of approval and no letters of objection were received from the community, the petition has been placed on the BZA's Summary Agenda. LEGAL CONSIDERA nONS: Before you is a Conditional Use for a church in the RSF-3 Zoning District. A Conditional Use is a use that is pennitted in a particular zoning district subject to certain restrictions. Decisions regarding Conditional Uses are quasi-judicial, and as such, require ex-parte disclosure. FUl1hennorc. all testimony given must be under oath. The attached report and recommendations of the Planning Commission required arc advisory only and are not binding on you. The petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question the 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, comfc1I1, 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-or.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, with approval of the Conditional Usc requiring four affirmative votes of the Board. -STW RECOMMENDA nON: Staff recommends that the Board of Zoning Appeals approve pctition CU-2008-AR-13639, subject to the conditions recommended by staff and the CCPC, contained in the attached resolution. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning & Land Development Review CU-2()()7-AR-12619 Page4of4 Item Number: Item Summary: Meeting Date: Page 1 0 f 2 Agsnda item I'Jo. 17D January 27, 2009 Page 5 of 73 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 170 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2008-AR" 13639, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, represented by Alan Brewer of Reynolds, Smith and Hills, is requesting a Conditional Use for a church in the Residential Single-Family (RSF~ 3) Zoning District. as specified in Section 2.03G2.A.1.c.2 of the Collier County Land Development Code (LOC) The 463-acre subject property is located at 4935 23rd Court SW in Section 21 Township 49 South, Range 26 East of Collier County, Florida,CTS 1127/2009 90000 AM Prepared B)' John-David Moss Community Development & Environmental Services Senior Planner Date Zoning & Land Development 9f22f200B 9:35:33 AM Approvcd By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admfn. Date 1/5/2009 2:43 PM ApprOH'd By Steven Williams A.ttorney's Office Assistant County Attorney Date Attorney's Office ,:'7/200910:04 AM Approvt'd By Ray Bellows Commun~ty Devebpmen~ & Environmental Services Cllief Planner Date Zoning & Land Development Review 1/8/2009 1 :15 PM Approvcd B:r Joseph K. Schmitt Community Development & Environmental Services Community iJevelopn-lent & Environmen~al Services Adminstrator Date Community Development & 1/9/20099:07 AM Environmental SenticEs t\dmin, Appro\-,t'd B)' Susan !stenes, AIC? Community Development & Environmental Services Zoning & Land Development Direct:>r Date Zoning & Land Deveiopment Review 1/13/20098:49 AM Approwd By OMS Coordinator County Managei"'s Office OMa Coordinator Date Office of h1a.nagemer:t & Budj?pt 1/'14i20G9 7:H ArYl Approved By F.1ark Isackson r>'unty f\,1an;:tr;r.>r'" Offir.e Budget Analyst Date nffi".'" nf M;:1'1~C!pr->(m' g, RI10'J"'t 1115/2009 1 [r44 AM ApPWH"d G}' ,1"llil85 V. M'"nJd COUllty rv~anager ~,:;;:,~ .-T. file:IIC:\AuendaTest\ExDort\ 122-Januarv%2027 .%202009\ 17 .%20SlJMMAR Y%20AG EN... 1/21/2009 Page 2 of2 Agenda Item No. 170 January 27.2009 Page 6 of 73 Board of County Commissioners County Manager's Office 1 119i2009 12:44 PM file:IIC:\AuendaTest\ExDort\ 122-Januarv%2027. %202009\ 1 7 .%20SUMMAR Y%20AG EN... 1/21/2009 AG1m~i~'c~6~ Page 7 of 73 Co~"Y County STAI?F REPORT TO: COLLIER COUNTY pLAJ\lNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: DECEMBER 18, 2008 SUBJECT: PETITION CU-2008-AR-13639, NAPLES MEETING HOUSE PROPERTY OWNER/AGENT: Owner: Corporation of the Presiding Bishop ofthe Church of Jesus Christ of Latter Day Saints 50 E. North Templc, Room 22 Salt Lake City, UT 84150-3620 Agent: Alan Brewer, P.E, Reynolds, Smith and Hills, Inc. 1715 North Westshore Boulevard, Stc. 500 Tampa, FL 33607 REOUESTED ACTION: To have the Collicr County Planning Commission (CCPC) consider an application for a Conditional Use of the Rcsidential Single-Family (RSF-3) Zoning District, as specified in Section 2.03.02.A.1.c.2 or the Collier County Land Development Code (LDC), to allow for a church facility. GEOGRAPHIC LOCATION: Thc subjcct 4.63-acre site is located on the northern side of Golden Gatc Parkway (CR-886) and approximatcly 650 feet north of Coronado Parkway, in Section 21, Township 49 South, Range 26 East of Collier County, Florida (see fhe !ocafion1l1ap on fhe following page). PURPOSEIDESCRIPTION OF PROJECT: InfOlTIlation obtained from the Property Appraiser shows 1hat the applicant purchased the subject property in 1974, and subsequently constructed a house of worship approximately five years later. Although the 1968 Zoning Ordinance, amended in Fcbnlary of 1973, began thc f.~.rl1~1',pm.l1t "or P'0\';\,.'1'0110[ Us. (no\" called COMdzoh'()11al [Tt,p) ~t"I1",,1'()ual frw hr\1l~p'~ ",f \A/{)T~hl1"\ ;11 ....'1.... ~v v 11 .. ....; .... ... u ',....."..... ""V .,,~ '-'-1<' J~~" ~ ...'-'.'- .............,-~...... ......._.....1"'.n residential zoning distric.ts, no Provisional Use for this property is rererenced on either the zoning map or the plat map. Unfortunately, no other County records are available, which is not CU-200B-AR-13639 Page 1 ofB 00"') C-DC- ~D_ NO o .-'X) Z~ Q) ECg> 2ron.. -:0 mC -om C-' '" OJ <( z o ~~ I-- - I-- c---- - '" 0 a. f---- . - f- .! ,. f-~ - r- ~ ~~ - 1-' 0 ~ ~ ~ ~ ,,- "'--~ ~ <( ~ ',I,\'S ~W31 flUi;. ~:;; ~-~-< ~ N :~n -- ~ .~ 1:1 >--'r-. :;;-~>--~ ~" ~ 1___ 1-". ~ " <ID_ 3,-- 1-- -- - -- ~ ~-;z-~ ; -" ,- " r - l N"Sl1~lliS HtOS .,,,,.,,,,,'~' -il--L I I l~N~::llJilNOH -- __ o;~/-~_\ It)\ I. 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". ..' ......................~.t"!"'.'.'.., I 11~::::j'l .,'::/>',:.- ~. A~"'.;f"~~~,",,, - -:p. iWk3;~t~ :_:J'1:,.I::ii~'1 1 :iil~l -~2~~.~-2i:.J-':::.._...-~~Et:.-C\-.,,"/~.__,_ - 'c;"'i\~", :1::}fLI::" g- .-''' 111.1~18J" ','....~...';~:~?.;.~~..:.l /'~=~. ,~.-~,~,. .:.=:.t""::.;.:4tr}::.~,>f':~ /:' r ~~,,~:,,:c '~-:o,/:~;L--~::Jitl'.~:~\c:0j~~.;'tc:_~~~t~f i -=-_~_-:_~__!f~__~:~_~~~_ ~____-___ ~_-_____.J____-_~~~!-:~__~_ ~q- ~----~-H ! -M!iB'3t!lSH109 - - - ~ I , ~~--~----:---------,----------:------ ------:-------~,: \ s~;:~ : ;i:: JR';?~ ,?Il!;::1: \! ~~ "1I:8 .!I' <<ij ~II "Ii! \ lit I ' II , . Ill, :: !Ill! III! 'IL'JOOo* , m'.... ~ d lq~ ,\ U ~ dll Ii llii dHl11 h <i~ t.!i ... 11' i id : ii' ,~ i I l! diP ~ im :1 I I I, i "0' 1'-" ill lil""H' to II: to_ 5 - ~ s , 7 ~ Ii :;i: I:;;' Ii:: :l:!: :1::: ! : I :1;': ;'1: Iii : Ii;;: :i::::. Iii i III l;;s ~ ; ~ ~I i II: R 1: ~~. '! ",J i! s::> ., ia~ j III " ~ ! I l II 'jf. l~li al ,l,j . l" :;;! e:t ~ll! z o " 19 I () , , I , , III , , uJ , ! o! I '0, , I I , _! I Ii' , I I , I 01, 'i, .il ~e~ ____________ _____________~___R ~ ".'\. 1'-" ",lI' ;, ; , , 1;1 , , I , , , I ~i , , I Agenda Item No. 170 January 27, 2009 Page 10 of 73' uncommon for structures built prior to 1980, the year the County convet1ed to an electronic archival system, Nevel1heless, County records do show that the original, approximately 3,600 square-foot, one-story building was expanded to 15,185 square feet in 1985. With this petition, the applicants are seeking Conditional Use approval to allow the construction of an additional 2,588 square feet of area. Presently, the main chapel accommodates 209 seats; and an overflow room (used on holidays, for larger services, Sunday school classes and meetings) holds another 114 seats. The church also has a secondary, 46-seat chapel. The church offers three services on Slmdays: two services are at 10:00 a.m., conducted in English in the primary chapel and Haitian Creole in the secondary chapcl; and one at 1 :00 p.m., conducted in Spanish in the primary chapel. As shown on the Conceptual Site Plan on the preceding page, cntitled, "Naples Meetinghouse Conceptual Plan," prepared by Reynolds, Smith and Hills, Inc., and dated December 8, 2008, vehicular access to the site would be provided from existing access points on the site's 23rd COUl1 SW frontage and 50th Street SW frontage. In addition, the applicants are proposing a third access point to be located along 50th Street SW, approximately 140 fect north of the 23rd Comt SW interscction. Pedcstrian access would be afforded from cach of these access points via five-foot wide sidewalks along the propcrty's perimcter, adjaccnt to the four surrounding roadway frontages, thereby linking the church site to its neighboring parcels. The proposed building addition on the northeast side of the existing church would provide 2,428 square feet of non- worship area; and on the southwest side, a 160 square-foot foycr is proposcd. Both of these additions would bc one-story, with a maximum zoned height of 35 fect, as pennitted by the RSF- 3 Zoning District. Neither structure would encroach into the district's required 30-foot setback yard from each of the roadway trontages. FOtiy-two additional parking spaces, bringing the she's total number of spaces to 177, are also proposed. Stonnwater management for the church would be handled by existing detention areas, both of which are proposed to be re-graded, along the sites eastern and northern frontages. Perimeter landscape buffers would include the required 15- foot wide Type D huffers along each ofthe property's roadway frontages. Aerial View of the Site CU-2Q08-AR-13639 Page 2 of 6 Agenda Item No. 17D January 27, 2009 Page 11 of 73 SURROUNDING LAND USE & ZONING: North: East: South: West: 23rd Avenue SW, thcn single-family homes, zoned RSF-3 49th Tenace SW, then community amphitheater, zoned Public Use 23rd Court SW, then single-family homes, zoned RSF-3. 50th SU'eet West, then single-family homes, zoned RSF-3. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property as identified on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP) is designated Urban Mixed Use District, and both the Urban Residential Subdistrict and the High-Density Residential Subdisltict. Areas within these designations are meant to accommodatc rcsidential and non-residential uses, which include community facilities such as churches. However, Comprchensive Plamllllg staff leaves the dctcrmination of the compatibility of the proposed use with the surrounding area to Zoning and Land Development Revicw staff as part of its review of the petition in its totality. Conservation & Coastal Management Elemcnt (CCME): The Enviromnental Review staff has reviewed this petition for consistence with the CCME and they have dctcrmined that there are no environmental issues associated with it as proposed. Based on 1975 aerials, the site has been completely c1earcd. Since the IS percent preserve requirement is based on what native vcgetation exists, and no native vegetation has re1urned, a preserve area is not being required for this project. Therefore, the Environmental Review staff has decmed this petition to be consistent with the CCMC. Tnmsportation Element: Thc Transportation Services Department has reviewed the applicant's Traffie Impact Statement (TIS) and has fonnd that the site generated traffic to be consistent with Policies 5.1 and 5.2 of the Transportation Element of the OMP. However, any day care use shall be limited to ehurch services only since it is not listed as a proposed usc in the Traffie Impact Statement (TIS) or as a pcnnitted use in the Conditional Use application. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make findings that: I) approval of the Conditional Use will not adversely affeet the publie interest; and 2) all specific reqnirements for the individnal Conditional Use will be met; and 3) satisfactory provisions have been made conceming the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. The proposed expansion ofthe existing chmch facility is consistent with the provisions of the Golden Oate Area Master Plan (GGAMP) of the Grow1h Management Plan. In addition, Churches/places of worship arc allowed as a Conditional Uses in the RSF-3 Zoning District of the LDC. With the conditions of approval recommended by staff, this petition may be found consistent with all of the applicable provisions of thc GMP and the LDC. CU-2008-AR-13G39 Page 3 of6 Agenda Item No. 17D January 27, 2009 Page 12 of 73' 2. Ing,'ess and egress to the propcrty and proposed strnctures thereon, with particular reference to automotive and pedestrian safety and convenience, traftie flow and control, and access in case of firc or catastrophc. Transportation Plaluung staff has reviewed the conceptual site plan submitted with this application and has determined that the applicant's proposed access point along 50th Street SW is not compliant wi1h the 50-foot throat length requirement for access drives. Since the applicants have refused to eliminate this proposed access point, staff is recommending approval subject to the removal of this access point from the conceptual site plan. Pedestrian access is proposed to be provided by sidewalks to bc constructed along each of the property's four road frontages, linking the site to the neighboring parcels sUlTOunding it. As noted on the conceptual site plan, there are currently 135 pal'king spaces on the site. As further noted, the applicants are proposing to add 42 more parking spaces for a total of 177 parking spaces. The palling requirements of Section 4.05.04 of the LDC require a mininlUlll of three parking spaces for every seven scats in the chapel (369 seatsl7 = 53 X 3 = 159 parking spaces and four handicapped spaces). The proposed number of spaces is consistent with this requirement. 3. Thc effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects, As previously noted, the proposed house of worship would be sepal'ated from neighboring residential uses to its north, west and south by local roadways. In addition, the standards of the LDC require the provision of vegetative bufTers and a masonry wall along the site's perimeter boundaries to reduce the effect of noise and glare from the site. As such, potential impacts on the surrounding propertics would be mininuzed. Howcver, it should be noted that the applicants have cxpressed their intent to seck an administrative waiver of the wall requiremcnt at the time of site development plan (SDP) rcview and approval, due to house of worship's distallce from adjaccnt properties alld the fact that no noise or glare complaints have ever been registered by any of the surrounding property owners. Neveltheless, if an administrative variance is subsequently submitted to staff and is not granted, a four-foot high masonry wall would be rcquired, pursuant to Section 5.03.02.E ofthc LDC. 4. Compatibility with ad,jaccnt properties and other propcrty in the district. As prcviously noted, the proposed house of worship has becn in cxistence on thc site since the late 19705 without any recorded complaints from the adjacent property owners. Fmthermore, the use would be separated from the neighboring single-family homes by a minimum distance of approximately 96 feet, and further buffered witb the installation of appropriate transitional screening and a four-foot high masonry wall (unless an administrative waiver for the wall is grallted due to mitigating factors). Because of its location, tbe limited nature of the proposed additions, and the provision of the required buffcrs and wall, any impacts on the sUlTounding neighbors would be minimized and compatibility insured. CU-2008-AR.13639 Page 4 of 6 Agenda Item No. 17D January 27,2009 Page 13 of73 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMEND A TION: Pursuant to LDC Section 8.06.03 0.1 POWeI'S and Duties, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. NEIGHBORHOOD INFORMATION MEETING (NIM): (Provided by Lea Derence, Planning Technician) The applicant duly noticed and held the required NIM at thc church on October 28, 2008 at 6:00 p.m. No one from the cOlmnunity attended, and the meeting was officially ended at 6:20 p.m. RECOMMENDATION: Staff recommends that the Collier County Planning Conmlission (CCPC) forward Petition CU- 2008-AR-13639 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: !. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identificd as "Naples Meetinghouse Conceptual Plan," prepared by Reynolds, Smith and Hills, 111C., and dated December 8, 200B. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable fedcral, state, and county laws and regulations. 2. Irrespective of that shown on the Conceptual Site Plan, the soutllernmost access point on 50th Street SW shall not be pClmittcd. 3. Day care operations shall be limited to those provided during church services only. 4. The number of paved parking spaces on the site shall he limited to 177 spaces. ATTACHMENTS: Exhibit A: Findings of Fact CU.2008.AR.13639 Page 5 of 6 Agenda Item No. 17D January 27, 2009 Page 14 of 73' P:~~ . JDI!TE(1/JL JO : A ID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: /!/;'f' 08"' D . BELLOWS, ZONING MANAGER ~ ATE ENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ Yn. /S~ 1~log SU8"AN M.ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~}-Io-- 7. u ]J STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY /.;L~s.()y DATE APPROVED BY: _j.z/-2-/F~ / /DA TE Collier County Plmming Commission: MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the January 27, 2009 Board of County Commissioners Me~ting CU.200S.AR.j3639 Page 6 of 6 THlE CH1!JRCH OF JJESUS CHRJIS1r OF lLAT'flEIR:-JDAY SAJIN'fS BS.';?~~ IMPROVING YOUR WORLD Reynolds, Smith and Hills, Inc. TRANSMITTAL LETTER To: John David Moss Date: August 11, 2008 Principal Planner Collier County Dept. of Zoning and Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 Project: LDS Naples Project Number: 504-8388-006 We Transmit: For Your: ~ Herewith 0 Via Fax o Under Separate Cover Via: o In Accordance wilh Your Request o Regular Mail ~ Overnight Mail 0 Courier o Under Separate Cover Via IZl Review and Comment o Use o Signature The Following: Copies Date Description 1 1 8-11-08 8-11-08 Check for $5573.00 to Collier County BCC Complete Conditional Use Application Package Remarks: Please find all relevant conditional use application materials for the Church of Jesus Christ of Latter-day Saints Naples Meetinghouse improvements project. If you need any additional information, please do not hesitate to contact Ille at 813-636-2660 or adam. platt(a) rsa nd h. com. Copies To: File Reynolds, Smith and Hills, Inc. 1715 N. Westshore Blvd. Suile 500 Tampa, FL 33607-3999 , / ... FL Celt Nos. AAC001886.EB0005620.LCC000210 l By: ( Adam Platt, EJ Staff Engineer r-. THE CHURCH Of JESUS CHRIST OF LATTER..DAY SAINTS Corporation 01 the Presiding Bishop Finance and Records Departmont 50 Easl North T cmpfe Slreet Salt Lake City, Utah 84150 Phone (801) 240-3073 ::;_I.ip _ ~ '.' l: I, L Y f' Ii 01:\- [J td11i _ <'i-:~_. ~_I G~TT--\-';-i'T8[)Xnf;~g~kc1~'1~8;W'N~ fj ~-c6:T-Ta~ ZIONS FIRST NATIONAL BANK Januarti?-.\.eIf\Ul$ Paqe 1"6 of 13 SALT LAI(E CITY. UT 008 8001540189 fillS r,~t!LlI-TO~jE :dIEI, OF 31-5/1240 Pay Date 07/22/2008 Check Amount ......$5,573.00 Five fholl!iWldjil1e hundred sel'emy ,hree and 00/100 Dollars Tothe order of COLLIER COUNTY BCC C/O MARCOS IBARGUEN 1715 N WESTSHORE BLVD STE 500 TAMPA FL 33607 Qp)~. ~~# 11'800 ~5L,0 ~8'jII' I: ~ 21,000051,1: 0 ~ 20008 811' III THE ORI(iWAL 1I0CUI:O:IH 11M:. ^ mJI.Ff:11 'E \'/I,n,ln,',/,rtl{ ON Tile O,\CK. .--HOL.D I',T AN ArJGl.E TO. VIEW WHEN CHECKING THE ENDORSEMENT. I!ll. Dille CMckNo 07/22/2008 8001540189 cOf~oralion of lhe Presiding BiShOEaOI The Church 01 Jesus Chris! 01 Lalter-Da~ Saints 008 286380 50 asl North Temple Slreet, Salt ke City, Utah 84150 Phone (801) 2-10-30 3 Date Invoice Number Voucher Number Gross Discount Net 07/10/08 NACUPl 08057639 5,573.00 5,573.00 CONDITIONAL USE PERM T I I I I Total (payment lor items described abovG) 35,573.00 0.00 $5,573.00 I'AGE 1 OF 1 Conditional Usc Plan folio Numbcr: 3611150005 The Church of Jesus Christ of Latter-Day Saints 4935 23'" COlllt SW Naplcs, FL STANDARD REQUIREMENTS 20 Cover letters briefly explaining the project 20 Applications - eomplcted & signcd 1 Addressing checklist signed by addressing 20 Pre-application meeting notes 20 Conceptual site plans 24" x 36" plus (one 8.5" x I I" copy) 2 WaITunty deeds Completed owncr/agent affidavit, Notarized Agenda Item No. 170 January 27,2009 Page 17 of73 5 Aerial photographs showing FLUCCS codes, legend, and project boundary 7 Traffic il11pacl studies 3 Copies of the traffic impact statement on CD Electronic copy of all documents and plans Conditional Use Plan Folio Number: 36] 1150005 The Church of Jesus Christ of Latter-Day Saints 4935 23'd Court SW Naples, FL 20 Cover Letters Agenda Item No. 170 January 27,2009 Page 18 of 73 Agenda Item No. 170 January 27. 2009 Page 19 of 73 RSt#I IMPROVING YOUR WORLD Reynolds, Smith and Hills, Inc. 1715 N. Westshore Blvd. Suite 500 Tampa, Florida 33607 Voice 813.289-5550 Fax 813.289.0263 August 11, 2008 Mr. John David Moss Principal Planner Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2400 Re: LDS Naples Meetinghouse 4935 23rd Court SW Naples, FL Section 21, Township 49S, Range 21W Parcel Number: 3611150005 RS&H AEP: 504-8388-006 Mr. Moss, On behalf of our client, The Church of Jesus Christ of Latter Day Saints, this letter is written as a formal request for Conditional Use Permit Application for lhe project referenced above. The subject site is located within Section 21 , Township 49 South and Range 21 West located 4935 23rd Court SW, Naples, Florida. The 4.63 acre site consists of one parcel zoned RSF-3. The proposed development is a 2.464 square fool expansion to an existing 15,185 square foot church with adjacent parking area and drainage system. The project will also consist of an on-site dry detention pond and a preserve area calculated to be 10% of the entire site. The project proposes 40 additional standard parking spaces and 2 additional ADA accessible handicapped spaces. Potable water will be provided from the existing connection. Sanitary sewer system will consist of a private lift station and 4 inch force main connecting to an existing 10 inch force main approximately 1,250 linear feet off-site. If you have any questions with this request please do not hesitate to call me at (813)- 636-2646 Sincerely, REYNOLDS, SMITH AND HILLS, INC. L~-..- Alan Brewer, P E. Conditional Use Plan folio Number: 3611150005 The Church ofJcsus Christ of Latter-Day Saints 4935 23'" Court SW Naples, FL 20 CD Applicatiol1S /\genda item No. 170 January 27, 2009 Page 20 of 73 COLLlER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item r"o. 17D January 27. 2009 2800 NORTH HORSESHOEIO~NE1 of 73 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be completed hy staff ABOVE TO BE COMPLETED BY STAFF APPLICANT INFORMATION ] NAME OF APPLlCANT(S) CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS ADDRESS 50 E NORTH TEMPLE - ROOM 22 CITY SALT LAKE CITY STATE UTAH ZIP 84150-3620 TELEPHONE # 352-243-6771 CELL # 407446-2874 FAX # 352-243-6773 E-MAIL HALESWF@LDSCHURCH.ORG NAME OF AGENT ALAN BREWER, P.E. FIRM REYNOLDS, SMITH, AND HILLS ADDRESS 1715 N. WESTSHORE BLVD SUITE 500 CITY TAMPA STATE FL ZIP 33607 TELEPHONE # 813-636-2646 CELL # FAX # 813-289-0263 E-MAIL ADDRESSALAN.BREWER@RSANDH.COM 1----- . .. .-... ... " " _.... ..1 I BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS, GUIDE i lYOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH. ! THESE REGULATIONS. . .m...._. om _ . ... . ... __ _.m....'_.". ....n.._..~ _ , __. . ... __ n_, APPLICATION fOR PUI:1LIC I!U,RING fOR CONDIT/ONAl USE - 4/14/03. rrel' 5/20/2005, reI' 2/ ) 2/08 "' -= Aoenda Item No. 17D Jan..uarin, 20~ .. Dag9 2~ a! ~ r- 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.collierQov.netllndex.aspx?paQe=774 NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP DISCLOSURE OF INTEREST INFORMATION J a, If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APf!UC4T10N fOR l'UBLlC HEMIING FOR CONDIT/OHM USE - 4/1.1/01, rev 5/20/2005, rey 2/ J 2/C8 Agenda Item No. 170 January 27. 2009 Page 23 of 73 b, If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER -DAY SAINTS 50 E. NORTH TEMPLE - ROOM 22 SALT LAKE CITY, UTAH 84150-3620 100% BURTON, H. DAVID SO EAST NORTH TEMPLE SALT LAKE CITY, UT 841 SO 0% EDGLEY, RICHARD C SOE NO TEMPLE SALT LAKE CITY, UT 841S0 0% MC MULLEN, KEITH B SOE NO TEMPLE SALT LAKE CITY. UT 841 SO 0% KEETCH, VON G 60 EAST SOUTH TEMPLE #1800 SALT LAKE CITY, UT 84111 0% Note: The Corporation is a Non-Profit. Listed are the Officers, but there are no Stockholders and no Officers "Own" any part of the Corporation. Please see the attached information from the Florida Department of State." c, If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership APPLlCATlOl'l FOR PUGlIC h'EA[aNG FOR CONDITIONAL USE - 4/! '1/03, rc... 5/20/2005, rev 2/12/08 Agenda Item No. 170 January 27.2009 Page 24 of 73 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners, Name and Address Percentage of Ownership 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. Name and Address Percentage of Ownership 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 APPLICATION fOR PUBLIC /([ARING FOR CONDITIONId USE - 4/14/'03, no>' 5/'20/2005, n:;v 'L/12/08 Agenda Item No. 17D January 27, 2009 Page 25 of 73 g. Date subject property acquired 0 leased 0 Term of lease yrs.lmos, If, Petitioner has option to buy, indicate the following: Date of option: 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. d] PROPERTY LOCATION Detailed leqal description of the property covered bv 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 21/49S/26E Lot: Block: 119 Subdivision: Plat Book 5 Page #: 107-116 Property 1.0,#: 36111560005 Metes & Bounds Description: BLOCK 119, GOLDEN GATE UNIT 4, PLAT BOOK 5, PAGES 107-116, COLLIER COUNTY, FLORIDA N (Back) N S9d29'53"E 450.00 MEASURED N 90dOO'00"E 450.00 PLAT S (Front) CB=NS2dOS'11 "W 450.00 MEAS. CD=447.57 D=16d43'51" R=153S.17 L=449.16 T=226.19 CB=NSld3S'04"W PLAT CE=447.57 E (Side) SOOd30'07"E 397.65 MEASURED SOOdOO'OO"E 397.65 PLAT APPLICATION FOR PUiHi( HEARING FOR CONDJTlONAl USE - '//14/03, fe-V 5/20/2005, r~'I 2,/12/U8 r-'- W (Side) NOOd30'07"W 331.48 MEASURED NOOdOO'OO"W 331.48 PLAT A;enda item ~Jo. 1lD January 27, 2009 Page 26 of 73 SIZE OF PROPERTY: 450 fl. X 331 ft. = Total Sq. Ft. 201860 Acres 4,63 ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 4935 23'rd CT SW Naples, FL ADJACENT ZONING AND LAND USE Zoning Land use N RSF-3 S RSF-3 E P W RSF-3 SINGLE FAMILY RESIDENTIAL SINGLE FAMILY RESIDENTIAL PUBLIC USE SINGLE FAMILY RESIDENTIAL 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), Secti on/T ownsh ip/Range I I Lot: Block: Subdivision: Plat Book Page #: Property 1.0.#: Metes & Bounds Description: In - CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04,03 of the RSF- 2 zoning district for CHURCH & PLACE OF WORSHIP (type of use). Present Use of the Property: CHURCH & PLACE OF WORSHIP r-~-~~~~-- -~--~~--~V ALUATION 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 tile Planning Commission's A/'I'l!CA1/0t'j fOR PUBLIC HEAfW'.'G FOR CONDJTlOf':A! USE - .1/14/03, rev 5/10/2005, m~ 2/12/08 Agenda Item No. 170 recommendation to the Board of Zoning Appeals shall be based upon a fin~iffY,iFm€109 granting of the conditional use will not adversely affect the public interest and'l~~f7tRb73 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): The Project is for an existing Church that has existed in this location for 30+/- years. According to the Future Land Use Map, the Project is in the Urban Designation, Mixed Use District, Urban Residential Subdistrict. Per the Collier County Growth Management Plan, the Urban Designation will accommodate future non-residential uses including community facilities such as churches. The Project is zoned RSF-3, and pursuant to LDC 2.04.03 Table 2 (Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses), conditional uses for churches & places of worship may be approved. 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: The existing ingress and egress from the property is provided by two driveways located off of 50th Street Southwest, and one driveway off of 23rd Court SW. The northern most driveway off of 50th St. SW is approximately 78' south of the corner of 50th Street SW and 23rd Ave SW, while the southern most driveway is approximately 150' south of the corner of 50th Street SW and 23rd Ave SW. The driveway located off of 23rd Court is approximately 168' off of the comer of 23rd Court SW and 49th Terrace SW. The throat lengths of each driveway is between 35' - 40'. We are proposing to close the nothern most driveway off of 50th St. SW and construct a new driveway approximately 112.5' norlh of the corner of 50th Street SW and 23rd Court SW. This will maintain the maximum 2 driveway limit on 50th Street SW as requested by John POdCZ8llNinsky, while improving the overa!! traffic flow on site. The new driveway will provide a 40' throat length, which is the maximum distance that can be achieved on this site due to the pre-developed conditions. We are also proposing to construct 5' sidewalks around all four sides of the site to privide pedestrian safety and conveinience. This sidewalk will be constructed in the ROW, and set back a minimum of 5' from the roads. APPliCATION FOR PUBliC HE/,RING FOR CONDIT/ONAl LISE - ,1/ /4/03, rev _5,/20/2005, rav 2/12/08 Agenda Item No. 170 Fire and catastrophe access is provided by the driveways off of 50th St. SWl~21i3f~9 F'age r8 of73 Court SW. These driveways provide sufficient access for emergency vehicles to all points on site, and allow emergency vehicles to move through the site without a dead end or turn around. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: There will be no new noise, glare, economic impact, or odor on neighboring properties due to this conditional use application. The church has existed in this location for 30 years, and no operational changes will result form this conditional use application. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The site has exisited in the Golden Gates neighborhood for 30 years, and provides a place of worship for local residents. The proposed development will improve the pedestrian traffic in the area by constructing a sidewalk around the side, which will provide local residents a safe pathway for walking in the area. e. Please provide any additional information which you may feel is relevant to this request. The existing site/structure has been located in the Golden Gates neighborhood for 30 years. There will be no major changes on the site that will impact the surrounding neighborhood, and will not change the daily function of the church. The proposed project will improve the overall site, and bring the site into complience with the current Collier County Land Development Code. 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 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-appiication meeting. a. p, copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced By:''' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following APPLiCATION FOR PUBLIC /-IEI,RING FOR COr-.'D/TJONAL USE - 4/-1.1/03, rev 5/20/2005, rev 2/1 ::/08 Agenda Item No. 17D [Additional copies of the plan may be requested upon completion of staff e-ta111~GrU{}I09 distribution to the Board and various advisory boards such as the EnvironmentaF~dt\73 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 selVice 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, character, and dimensions (such as height, area, etc.); 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 aeriai shall identify piant 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; g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); h. 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. II' II II BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE I REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER I FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED APPLICATION FOR PU1HIC HE/\RING FOil CONDITJONM USE - 4/14/03, rev 5/20/2005, nw 2/ I 7/08 ON THE BOARD'S FINAL ACTION ON THIS ITEM, HEARING ADVERTISING SIGN(S) IMMEDIATELY. Agenda Item No. 17D PLEASE REMOVE At!lJu<PU~L~tl!2 -Page :30 of? MPUCATlON fOR PUBUC fiEAklNG FOR COr-.'D/flQUAI USE - .1/14/03, r.:;v 5/70/2005, rev 2/12/08 t:\ \tfII Agenda Item r\lo. 170 January 27,2009 Page 31 of 73 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION NAME OF APPLlCANT(S) CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS ADDRESS 50 E. NORTH TEMPLE - ROOM 22 CITY SALT LAKE CITY STATE UTAH ZIP 84150-3620 TELEPHONE # 352-243-6771 CELL # FAX # 352-243-6773 E-MAIL ADDRESS: HALESWF@LDSCHURCH.ORG ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4935 23'rd CT SW Naples, FL LEGAL DESCRIPTION Section/Township/Range 21/49S/26E Lot: Block: 119 Subdivision: Plat Book 5 Page #: 107-116 Property 1.0.#: 36111560005 Metes & Bounds Description: BLOCK 119, GOLDEN GATE UNIT 4, PLAT BOOK 5, PAGES 107-116, COLLIER COUNTY, FLORIDA N (Back) N 89d29'53"E 450.00 MEASURED N 90dOO'00"E 450.00 PLAT S (Front) CB=N82d08'11 "W 450.00 MEAS. CD=447.57 D=16d43'51" R=1538.17 L=449.16 T=226.19 CB=N81 d38'04"W PLAT CE=447.57 E (Side) SOOd30'07"E 397.65 MEASURED SOOdOO'OO"E 397.65 PLAT W (Side) NOOd30'07"W 33148 MEASURED NOOdOO'OO"W 331.48 PLAT L----.- ... _l")'E'EOF ~WAGE DISPOSA.L!().I3J:_PROVIDED (Check applicab/e system): II a. COUNTY UTILITY SYSTEM IX] b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM D PROVIDE NAME APPLlCJ\TION fOR PUBLIC /![ARING fOR CONDITIONAl USE - 4/14/03, Ie-y 5/20/2005, r'JY 2/12/08 --- I d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM o o Agenda Item No. 170 January 27, 2009 Page 32 of 73 TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM IZJ b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) 0 TOTAL POPULATION TO BE SERVED: Af'I'lICATlON FOR PU3l1C NEAR/NG fOR COND/TION/IL USE - 4/1 4,/03, {e~ 5/20/2005, rrc'~ 2/J 2/08 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK N/A AVERAGE DAILY N/A B. SEWER-PEAK 3000 AVERAGE DAILY 750 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 5- 2009 Agenda Item No. 170 January 27, 2009 Page 33 of 73 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer, COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time, This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County, If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. APPUCATfON FOR PUBliC h'EARING FOR CONDITION;\{ USE - ,f/14/03, r>":V 5/20/2005, ICY 2/12/08 -, Agenda Item r,o. 170 January 27. 2009 Page 34 of 73 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. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover leUer brieflv explaining the project 20 [gJ 0 Application (completed & signed) (download from website for 20 [gJ 0 current form\ 'Additional set if located in the Bayshore/Gateway Triangle 0 0 Redevelopment Area) 1 Addressing Checklist signed by AddressinCl 1 [gJ 0 Pre-Application meeting notes 20 [gJ 0 Conceptual Site Plan 24" X 36" plus (one 8 Y, X 11 copy) 20 ~ 0 Copies of Warranty Deed(s) 2 [gJ 0 Completed Owner/Agent Affidavits, Notarized 1 IZ1 0 Environmental Impact Statement (EIS), and digital/electronic 0 0 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 IZ1 0 boundarv ___n._.__..__ Statement of utility provisions (with all required attachments & 1 0 0 sketches) Traffic Impact Statement (TIS), or waiver 7 IZ1 0 Historical and Archeological Survey, or waiver I 4 0 0 Copies of State and/or Federal Permits 0 0 Architectural Rendering of Proposed Structure(s) 4 0 0 Electronic copy of all documents and plans (CDROM or 1 IZ1 0 Diskette) Boundary Survey 2 IZ1 0 Affordable Housing or Economic Development Council Projects: [J EDC "Fast Track" must submit approved copy of official 2 application 0 0 J Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. Arf'L1CATlON FOR PUlll/C IJEAliJNG FOR CONDITIONAl USE - 01/ / .j/03, rev 5/,20/2005, r('Y 2/12/08 Agenda Ilem No. 170 January 27, 2009 2008 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT FILED Page 35 of 73 Feb 05, 2008 DOCUMENT# 848667 Secretary of State Entity Name: CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER,DAY SAINTS Current Principal Place af Business: New Principal Place of Business: 50 EAST NORTH TEMPLE SALT LAKE CI1Y, UT 84150 Current Mailing Address: New Mailing Address: CONNIE BARNEY, KIRTON & MCCONKIE 60 E SO TEMPLE #1800 SAL TLAKE CITY, UT 841111004 US FEI Number; 87-0234341 FEI Number Applied For { 1 FEI Number Not Applicable ( ) Cer1ificate of Status Desired ( l Name and Address of Current Registered Agent: Name and Address of New Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 US 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 ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: OFFICERS AND DIRECTORS: Title: Name: Addrt:ss: City-Sl-Zip: Title: Name: Address: City-SI-lip: Title: Name: Address: City"St-Zip: Title' Noune: Address: Cily-51-Zlp CSD ( ) Delele BURTON, H, DAVID 50 EAST NORTH TEMPLE SALT LAKE CnY, UT B4150 Title: Name: Address: Cily-St-Zip: ( ) Change ( )Addition MT ()Delete EDGLEY, RICHARD C 50 E NO TEMPL E SALT LAKE CITY, lIT 84150 Tille: Name: Addre>;;s: Cily-St-Zip: DMT (X) Ch.lr!ge ( ) Addition EDGLEY, RICHARD C 50 E NO TEMPLE SALT LAKE CITY, lIT 84150 MT ( ) Delete b1C MULLEN, KEITH B 50 E NO TEMPLE SALT LAKE CITY, lIT 84150 Title: Name: Address: City-51-Zip: OMT (X) Change ( ) Addition Me MULLEN, KEITH B 50 E NO TEI.'\PLE SALT LAKE CITY, UT 84150 AA ( ) Delele I<E ETCH, VON G GO EAST SOUTH TE~.ilPlE #1800 SALT LAKE CITY, lIT 84111 Title: Name' Address: Cit}'.S:-Zip: ( ) Chungc ( )Adllilion I hereby certify that H18 mformation suppliod with this filing does not qualify for the exemption staled in Chapter 119, Florida Statutes. I further 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 617, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered SIGNATURE: VON G. KEETCH. AUTHORIZED AGENT ElectroniC Signature of Signing Officer or Director M 02/05/2008 Date Conditional Use Plan Folio Number: 3611150005 Agenda Item No. 170 January 27. 2009 Page 36 of 73 The Church of Jesus Christ of Latter-Day Saints 493523'" Court SW Nap1cs, FL 1 Addressing Checl<list I. . ,.... I.... . . I .... 1:--' COlliER COUNTY GOVERNMENT · ADDRESSING DEPARTMEt-IT Agenda Item No. 170 January 27, 2009 Page 37 of 73 (i) 2600 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 I AnDRl!SSlNGCI'IEClCLlST I Please complete the following and 'ax 10 the Addressing Oepartmenl al 239-659-5724 or submit in person to the Addressing Departmenl al the above address. Form must be signed by Addressing personnel pnor 10 pre-application meeting, Not 1111 ilems will apply to every project Ilems in bold type are required, Forms older than 6 months will require additional review and approval by the Addressing Departmenl. PETITION TYPE (check petition type below, complete a seperate Addressing Checklist for each Petition Type) D BL (Blasling Permit) o SD (Baal DOCk Extension) o Carnival/Circus Permit I8l CU (Conditional Use) o EXP (Excavation Permit) o FP (Final Pial o tLA (Lot Un. Adjustment) o PNC (Project Name Change) o PPL (Plans & Plat Review) o PSP (Preliminery Subdivision Pial) o PUD Rezone o RZ (Slandard Rozone) o SOP (Site Development Plan) o SDPA (SOP Amendment) o SOPI (Insubstantial Change 10 SDP) o SIP (Sile Improvemen! Plan) o SIPI (Insubslanlial Change 10 SIP) o SNR (Slreet Name Change) o SNC (Street Name Change - Unplalted) o TDR (Trnnster of Development Rights) o VA (Variance) o VRP (Vegelation Removal Permil) o VRSFP (Vegelation Removal & Site Fill permn) o OTHER ~. -- .. - lEGAL DESCRIPTION 01 subject property or properties (copy of lengthy description may b~ attachad) Seclion 21, Township 49S, Range 26E Golden Gale Unit 4, BLK 119, LOT 1, OR 605, PG 1541 FOLIO (Properly 10) NUMBER(s) of above (attach to, or associale with, legal description if more than one) 36111560005 STREET ADDRESS or ADDRESSES (as applicab/e, if aiready assigned) 49352:1" Cf SW, Naples, FL 34116 . LOCATION MAP must be on.ched showing exact locution 01 projBcVslle in relaHon to nearest public road righi-oj-way . SURVEY (copy - needed only Jor unplallod properties) PROPOSED PROJECT NAME (If Rpplicabie) LOS Naples Meetinghouse Expansion PROPOSED STREET NAMES (If applicable) N/A SITE DEVCLOPMENT PLAN NUMBCR (lor e.isting projecls/sites only) SDP or AR # ,- Agenda Item No. 170 January 27, 2009 Page 38 of 73 Page 1 012 AODRESSING CHECKLIST - PAGE TWO Project or development names proposed fOf, or already appearIng in. condominIum documents (if application; indkate whether proposed or exi5tinQ) Please Check On.: [gJ Checklist Is 10 be Faxed back o Personally Picked Up APPLICANT NAME: Alan Brewer PHONE (813) 636-2646 FAX (813) 289-0263 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject 10 further review by the Addressing Department. FOR STAFF USE ONLY Primary Number --'I q:5 ~ Address Number_~~ Address Number Addrc" Number (~ ~- APprOVedby:~_~;Ud Updated by:_ _ Da,e: 6-6 -od' Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Pago 2 01 2 G:\Cur.-rl\1\\Appl1::.s.ticn F-orms\Addlo8~lng CheckJ:Gt fUll 02.0207.d:><; Conditional Use Plan Folio Number: 3611150005 f-\gerrda Item No. 170 ,January 27, 2009 Page 39 of 73 The Church Of.JCSllS Christ of Lallcr-Day Saints 493523"" Court SW Naples, FL 20 Pre-Application Meeting Notes ConditionalLJse Plan Folio Number: 3611 150005 Agenda item No. 170 January 27, 2009 Page 40 of 73 The Church of Jesus Christ of Latter-Day Saints nl S 4935 23 Court 'W N nples, FL 20 Full Size Conceptllal Site Plans plus one 8.5" x 11" 00)0') !'-O!'- ~O4- NO r-.:~ N" E~~ 2roctl -:JQ. roC -oro c-, Q) OJ <{ . i, i I I!i ~. ill 6! ih..i );. ii ~5~ :li~ It ir II! ~, ~' ; I l II!: e ti '1,1 " . 'I ,~! ,1 '! I! I ! 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II,. .f~If_, /;~ 1(. t." (~ ,'~ ,"" ~~ ~~ ~.~ flr,~~~:~ Ii} il~ i ~~ .." ~ i:q;,~,!hn.! i I~p '~'-"', Ii ! I I I~ if I ' ' i .' ! ':' t ~~ ! ~~ !~ I: : o 11 III !H~ ''" s 13DDDDD ~-~I J ,j ",' 'i'n tl~f ~ht i ~g- iHHB:: Hi '1000000 1--- li:g=e ll..~0'i' ~~:~ :ie"OI-j! ~:C~O:lil oa:-a:ll..~ t~5~" O' . o~~~ f-< ~ :1 .s~~ ~~ ~I:r >. ~~ i u~~i~ H to C6? oeg 9.1 f 1:1::> 00; r::t&?l!<::;-g eo . illl: IIII , ! ~ ! ! I I II! III i ~ c ~ ~ u z o u ~ ~ .. OJ E I.i I " .,!",,~,1: .. "-,;""~ ,. 'I~'~' ~ '"I" .: ,~ II' . i. . - ~ .. 8 .1111 II" '.""; <llrilll " '0, . . II'I!!I! ! ~l~"~'~ ~...~~a ~!'I~liH 1 ; I "I"~ ,I~ 11 ~ 1 ill ~I "I ! /,'"" . I. I ,,,,I . ~ ~ ~ ~~'~~ll , ~I~~i~ .l Ii Ii s,,,,, 'j_ I,~jlil ,. I '1"" I" ~ - ,J ' .. ~ . ~ _ IF ~- ES ; E,:!,~,:= !~~!J:! Ill' I !I~l !i"filnlhltLfl!'jj eo_~ L ~ ~~~ Ii .....r..~0 olIO. ~i:.!z", 'j" o ~UU~ . ~:I ~..' ..<> :~:: ;:: ~.e"'>3 i3 z . z ~ ~ .. " >-z .... w~ 0.. z: o o , 1<;> g CJ , , i . . 9 ~ . . .,1,1, E,," i I - ~~H ~~Ri! "t t\ I ,,1I ~ ~~ ~ ;1(" "" ;" -! "'! "11'1 ; l "! ,~~~I~ ~I:~r ," 'i::l~' I~ - d I . ~ ;d $.. ~ ~ I" :I~ii ~ :, II' '<1 - ~; 'I 0 ! L' i:@'1 €. 1:~lE :~~I iOtg ~8 ~ r'~~g~~~<.I' E':i,I[,,:.,LI ~!;!l"H;;'>:~! J !;l, n~ :~ s:- J I h . , is f ~ J !;], , I , I , I ~.~ I" , , I , , ,., 'I i'i , , I , , I 'j, Ie, Conditional Use Plan Folio Number: 3611150005 The Church of Jesus Clu'ist of Latter-Day Saints 493523"1 Court SW Naples, FL 2 Warranty Deeds Agenda Item No. 170 January 27, 2009 Page 42 of 73 ,.'>1,i' :3 (; (; 117;' ~]t tt rr u ntg illrri'l H( 6U5 :I~~l,r)41 2-StHi3211 WIlin JJl1urulmr. hy CiTY NATIONAL BANK OF MIAMI, f11(l,/c (HId t"rr{"lIll'tlllti.~ 9th. dllY of OctnhCl' ,19 ](1 , tl national banking associati{11l of Mitlmi, Dade COllnql, F!nridtl, as fmslr.(' IlIlr/c; tI,e pnwi.tIDn.r 01 a certtlln umd Tnl$t Agrl-'cmcnr i/oit'll/he 15(/, da!1 of Snccml)cr, 1970, IlcJci'l(JflC'r called Ihe grantor, to CORPOR^TION OF Tile LATTCR-DAY SAINTS Ichnsc post oDicr /Uld""I'.f i.t ^ Utah Cm'pDrntion, 33G South 3rcl. L<lst, Salt Luke C.ity Utah PHESTfl!NG nJSI10P or TJIE CHURCH OF JESUS CllHIST, or licrdllflf/cr ("n/ln! tllf' r:rn:llrC': IDUnrllHrtII: "flml thr J,:ftlrltl>f, for "'Ill ill {:/JJllidn'IIi'lII "I till' .\11111 of S'IO.00 allll or/ler good fUlIl vnlllalllr '-rmsir/crnliIHlt, II' il irl Jmml }wid IIY /1l(' ~rllllll.f', "'{"("illl u:llrwul i.f 1lrlf'hl} Itcknflwkdgcxl, IllIs grunter!. IlItrgllillrtl //tIll );<11,//" IIII' Sffirl :-:'fllt{f'('. mill \uirl ::"lIIf('/"\ I".,r\ nll,IIIHit:flt Infl'c:c" tllf"lvr1ou.:illg dcscril:nl land sirrw(e ill Clllli,', Cilllllly. FI,):ir/rL (o..,.it: Lots All Block 11') L'llil !'{I,l COLDE:"\' GATE " nt'l,.'(.rding In plat tlH'n~lf n'curd,,1I ill 1'11\1 JJr>l1j.; S of the Pulllic n~'cmd~ of Collic'( C(1I1I1I~', Flmida. I'afic ]0" REcor-r,ro OfFICIAl rn '::: !lOOK COLUrn ( ,~)R10A Noy 6 2 40 PH '74 ~.H,;,',:.f .,. ',. ::;COTT CLEn.~ OF t::EClJlT COURT SlIl1i!:cI If! n'.~lr;c1jclll:;. ell.H'mf'llIs /lnd f{'.\:'n"//i,,m (ifldud;',,:: Clil, t'1I', 1/J1(1 lIIifll'ra/ righls a/l(lIor lea.tr,f) (If record rlf/pliclIl/IF t!wrf'lfl, IIIIIIIH IrIXI!.f 1m the ':lIHr'flf yr'/lr (H~rI .If,I..I!'I/IICll/ !/tJ(lrS, TO Ut\\'E AN/) TO /IOU) /fit! S'WIt' linin lhl' wid grrm/I'c ill fl'" .liJrlpflJ, And tile ,wid l~rulltm dOl'.1 'tcrel,y cm:('/I111l1 lrilh Ih!'llIirf grull/(.~' Ihol, ('rC(',11 liS IJlwrc !loted, /lUlt (11 OIl' Hmr! nf Ille ((l'1il;['ry III (his Ot'cd Ole "rl'/JliH" Kcrt' f'f't' ifrlm 011 f'JICfJlllhrrmus mode II!! said grantor, Gild fhat said grllll/ar will WUffall{ (lnd dcfcnd the sr/llW fI;':II:Il.fl lilt" l(lIt:ffll dllilll.s ltIJ(( (lcmmuls of all'JCr. ,wns claiming by. I!lfm/{;It Of uw/c:r suir} {!,umrnr, Iml III;fJi/J.\'( IWJlC III lief. CAG PROPERTIES INC., gran/or's predf!ccsmr ill lit/,., by ioirnil-'r {PI the ercwtion of "Iii, In. 'stnrmcnt, Idlhour daimille (lilY presenl tille to Ille afllU'dr.wrilJrd ({'a/ TJrII!lr.rlfj, fines hereby CQvenant Wit!1 the wid grantee that 1/u: said C!n' NATIONAL BASK OF ,\[{AM!, a.1 In',ltee, ~f IOll'fltl/y sci:.ed oflanJ in fr!t slllJT,lc, Owt It IUls ~Ilod and lall:fltll1l/lilorif[1 10 .wll mill CIlJIl:CY said lallfl; and tllr! ,taid CAG PROP. ERTlES INC. herd)!! ful/Ylmrmnts ,he wlc 01 said {l1ml and u:iI/ dc/end ,/te some (/gail~fl/he Im,rut dellnM of 01/ pef$OflJ IdlOtllSOt~t\Cr; ,md {/ljlt Sllld Inf1-(C is free of all c-nclCIlIluonccs excepf a.s described hcrclnahove, 3111 lUilltl'lHI lUllrrrnf. 1/", """'I'" ,,,,,! GAr: I'nOPl:nTIt:s loVe.. Iwvc ccllMed thC.fC flll'S(,IIh 10 III" (:H'l'fftCr! ill rhdr 'WIlIC,I, fmd IIJf:ir ca'1lOratr! H:als In /!(~ Itcn>wlt/J fIJlin't{, IJY (II/'ir !/fPlwr u(Jicns tll/'U'lI/11n dftly IlIIfhori;:ed, Iht. dllY IInd year slil/rtl !lcrl'tJl/J!ml;(', Sj~nl.J, scaled nflU ddi\'cw(l in the 1?rf'~~cncc or: -' ~ ~ I'T j' .: \ . -~~ ~-:;::\-':;~~'J~'--=~ ~ J ~~~7c- ,." ':'~" i((X5R.l'OnATE SEXG),'" ,," u),."..... " \ ^), ~) ;:;t~,."~'" i~:~-t1.'<::'\?::~(\~'. ".;i: ~. '1 '::",':,,"', ~1'r\~,J,;'. .' '~ -: II" , <~ -'-/ r. ,(cortf'(v v\ {~,. SE.Jd.) '.-:'. ....' ", .~~ :",1 J".~J'.~: .... .:: TlW:tHt~nl \\'u Prep,1rrd Ill: " .,....~.,ROBERT L, WEINTRAUt1, AttotOcy at Law . ~', ',~,,:~:: 7&30 Olsoyn<:! Gfvd, - Mi<lml, FlJ, 33138 ::;~~/.y<,.., . .-r~", ____. ~'rr~7<:"K OF,',..lAMI,", 'm'.. 1l\_u~i1~1~~~ ~- :\ J r LS1; .-".'~ --1'rttt--offICflt- BY: 1':. C p. RC? ERTIES INC. ~LH_;,.lcA . \';-c.}' ,'sir/f"1l1 ',........' ."",!",,)',i'/(, .................-,-.. :! :,).'...:; :';'f.~ :'\:'- :'1' r.l~ ~. oV ~~:.:, hi: iU liir. GU" 1" A') ) ,) iMJi J.tl.... ~lu!r of lillorii'Iu ilLDUltl!! Df Vall. } 55 :B qrrrbg rrrtlf!J tllllt on this day, bcforr me, an officcr tlll/Y' nutllo,l:cd in Ole Slate (Inri Cormty afo1('said 10 tflkc ndil10wlcl[gemcnts, ,)CnOMUy appearcd 'T' "" .. ~" mill 13rTTY A KtrcKNrR. well knoll..'11 10 be tile ','1(;: ' r _' 'I-=+;t (Jrid lRUST OfFICER rc.rpccficcI'}, of c/n' NAT/ONAL BANK OF MIAMI rllc corpora/Ian lIomed as grantor In the foregoing Deed, and liml tltey jcr;crrlUy ncknow/l'dg('d CXCCl/lillg Ih" .fame in rhe presence of lteo sub- J'en/ling 1(,'llnesrc,! Ircefy n.'I(/ voluntarily Imdr:r GlIlllOrily dtdy cc.~/cd in Ihem Ill} .saId corpf'"o/Inn Olld tlltJt tlte .scal a/Jil'cd thercln is the trlle corporate Sl'ol of Said eMl'oratian, ll1UurJ'1I Inylumd and offidal I;('ul in the Cmmlll and Slate ian n!lIfc::trid tI~i~:...~~~~~~loirc{___ OCT 3: 1974 ,.' ',\ ___~. ,19__, : 'r, \ 1:-'1) . .,l.... ___L'61.~~J . /kL~4:J ,\'p[lIry rllhlic SIIf!C IlI_ fl~r;i(!rl;I~J-ilrf!.t . "~'n" f,,'~, '.,. '1.""....;:. '". ,'H : ,~!j, MY' COlltmiss;nn EX/lires an: " (,on"'."'_" f"'L,~.J ., ^, .,~ ,h, .::... 61ulr of lillnrii'Iu (LJmmty of Vall. } ss ] i!rnhu rrr1lf!f t/ial Oil 1M3 tlm/. }wforc '"C. nil "({icer dlll'r/l/lrll/flri:.cd in the S!olc alld Cvrmt~1 alorc$.flld 10 Juke ndmmdl?rlf..:JII(,IlIs, llu.fOnd/y lfpP('(Ir('(1 ___. ;",r:r r. r _.:.:!....::::..EA:...!Li.. 'cell knou:n to be the "Ice !'rcsidr:f11 of GAG f'ROPErlTlE:. INC.. rhe WT}WtUli{lIlI>(lr/lcc1/1crrinlloacc as IllJning In IlzL, Deed, (JtulltC ackllllldc(lgcd CXCCtlti'lg the sallie frcell} find l'Ollmtrlrily IIm{rr nUI!rOrily (fill, vested in him lJy said corpOTalion, nnd tltat Ihe seal rlfjircd therein is rlre Irllc COI/Wtllle St'{I/llf said corporation. ;}tHurlUI ml) halld 011(1 otJicial sCfll in "" 1;0,. ~ : :~., I the COllrly a/ld Slale Imt afM('sold Ihi.f _ --T'.,~a~'pi~.,A. <'"-: .J . "--' ~ ,. , 19___. '.,.,' My CDnlmissfo'1 Expires on: ..'. ~l (('\11'; ~.lTr 0' f1(}.'D4 11 IHr'lf ['" '~ . .-""'"'' ",'I 'l'""r. 'r~ ',10.. . ll'~:l C',..)......\ "':L;;AllCf t).,t."".."rnrt' ro STATE OF FLORIOA1. ;:-i ~_OCUO\_E..N!AIL.'''' STAMPTAX1,' ' gyr U!..IlLV(/-lUI f~' ,.~).!+,{: ~ = .OV,.,. ~' ~ 5 ~ 00 1"':'-:": ~I~(~,\ <..~, - . ;!:-u . . . 'J~ }.: ~ DOCU\\ENTr.RY", SUR T!\X :=: I:: 19, a 0 I i c 0" ". ~S ~> o Mr"" ~..o'U ,...,t' 1...,40<1'" ,', If r'o~lcA 0' C~\:;~:A:;/~' ~d.fr - ,\ ,__oltl.<"","""1I ,a\;X :...__'Ii. Conditional Use Plan Folio Number: 3611150005 Agenda item No. 17D January 27, 2009 Page 45 of 73 The Church of Jesus Christ of Latter-Day Saints 4935 23'd Comi SW Naples, FL 1 Completed OWl1er/ Agent Affidavit - Notarized /',gsnda item No. 170 January 27, 2009 Page 46 of 73 AFFIDAVIT We/I, Coroeration of the Presidina BishoD of the Church of Jesus Chris of Latter Dav Saints being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief, Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered, Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Revnolds. Smith, & Hills to act as our/my representative in any matters regarding this Petition. /f" ~ J ,._ .__1,0, /~ '/' I._.r: ..._,/ ./ ~/ ,,/. .(', <,/ ~:,,""'3:-~A",,':",~71 ' / Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ;J..:).. day of /10".1 , 20pf<, by tJc",:, np, i/cc\.:o S who iS75ersonaliYk~owjJ1to me or has produced "-- ..-/' as identification.-' / /' , / , ,..7'1J. . ~///-U/ ;.:'-.. ~ /// / /'-,7 I ......, /."'.';r .. ,,rf'lj' /_ .1 // .'- .c' ,...-,_ /, (Sig f . t f Public) c ~~~I ~o..,.n~y "~'n N. olary PUblic Slale 01 f:lorida . <: . . Anrlrlrea M Oeflfe :> ~ '" if My Commission 001'27612 ------ 'Jo _~r;I}f\O~. [:qWeS10/2?!2DU_ ---------"1::" (Prir'it;-"''flYfie>or-St{1It1p-.&R).alff~J;d Name of Notary Public) APPLICATION Fori PUBLIC I-lfllRING fOR CONDITIONAI_ (fSf - 4/14/0:(, r(>Y 5/20/2005, ff'V 2/12/08 H][; CHURCH OF A.genda Item No. 17D January 27, 2009 Page 47 of 73 JESUS CHRIST OF LATTER. DAY SA]NTS March 4, 2008 DIRECTOR FOR TEMPORAL AFFAIRS 50 E. North Temple St. Am. 426W Salt Lake City, Utah 84150-6912 Phone: '-B01 ~240-G266 Ref: Wayne F. Hales, Project Manager Agent in the State of Florida for The Church of Jesus Christ of Latler-day Saints To: All Interested Parties This letter authOlizes Wayne F. Hales, Project Manager, as agent in and resident of the State of Florida, to act for the Church of Jesus Christ of Latter-day Saints in signing for pennits, applications, contracts (up to $100,000) and other such documents and to conduct business for the Corporation of the Prcsiding Bishop of the Church of Jesus Christ of Lattcr-day Saints, a Utah Corporation Sole, in regards to meetinghouse and other construction projects Oil Church propcliy. This authorization is given to Wayne F. Hales from the NOlih America Southeast Area Director for Tcmporal Affairs, Andres R. Ramos of the same said Church. Mr. Andres R, Ramos is authorized directly from H. David Burton, Presiding Bishop of the same Church of Jesus Christ of Latter-day Saints, A ccrtificate of authorization is attached. Sincerely, t (' -<" I ---r--:d /'~~-~' (\ i .~.;/. ,~- /: _:----"_ , .. I )./ Andres R. Ramos~/ Dircctor for Temporal Affairs North Amcrica Southeast Area ..A..ttachment / /i....." Sub,'fCl'ibed alld sworn before me this ~___~ day of " ) /\ ,,, I I' I "i . I. ,//J i /~-" (,/']..--,-....-" L- '. JL-? 7J..--{ i'}L- ___l..__.__.........~ Noti,,), Public . ))" . ,/ / ( Ie i i' (,_ .2008. r --AgeridaTf8ri1NO: 17IT-- January 27,2009 Page 48 of 73 CERTIFICATE OF AUTHORITY I, H. DAVID BURTON, do hereby certify that (a) I am the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a religious association, and by virtue of such office] am the incumoent of Corporation ofthcPresiding Bishop of The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole; (b) I am the person designated in the Articles of Incorporation of said corporation sole to sign and execute deeds and other instruments ofwl'iting and to transact all bllsmessof said corporation sole, pursuant to the provisions of Title 1 6, Chapter 7, Section 8 of the Utah Code Annotated, 1953, as amended; and (c) pUl'suant to said Section 16~7-8J I hereby designate and appoint i~dldres R. Ramos as an agent authorized and empowered, in transactions whose dollar valne does not exceed $5,000,000, in the North America Southeast Area of The Chmch ofJesus Christ of Latter-day Saints: (a) to execute agreements, contracts and other documents peltaining to the construction, maintenance, repair, alteration ordemolitioll of meetinghouse facilities; (b) to execute deeds, easements and other inslTuments, purchase, sale and other con(Tact8, promissory notes, mortgages, l)i1ls of sale, assignments, noticesJ repOltsJ title documents and other documents relating to the acquisitionJ purchase, saleJ exchange, development, use, lease, ta."'\ation, encumbrance and release thereof, or other disposition of real and personal properly of 'my kind; and (e) to execute, file and prosecute building permit. applications, petitions, complaints and protests relming to real and personal property of any kind. This Certificate of Authority supel"sedes and replaces that CerHfi,,"te of Authority, dated January 14, 2005, granted to Kay W. Briggs by II, David Burton, the incumbent of said Corporation of the Presiding Bishop of The Chnrch of Jesns Christ of Latter-day Saints, This Certificate of Authority shall be effective as of Augnst 15,2006. II \;. Dated this J.:2r': day of ___u,,,R.J:lc,___, 2006, I, CORPORATION OF THE PRESIDING BISHOP OF THE CffiJRCII OF .mSUS CHRlST OF LATTER-DAY SAINTS, a Utah corporation sole By --,~-a~~~~ft-V p H. Davj~if~l1lbellt I: i: i STATE OF UTAH ) :ss COUNTY OF SALT LAKE On this I :ib. dayof ~nE'.! ,2006, personally appeared before me H. David Burton, personally known to me to be the Presiding Bishop of The Chl1l'ch of Jesus Christ of Latter-day Saints, who duly acknowledged to me that he signed the foregoing insh'oment as incumbent ofCorporatiol1 oftbe Presiding Bishop ofThc Church ofJeslls Christ of Latter-day Saints, and the said H. David Burton acknowledged to 1116 that said corporation executed the same. r WlOI -: ..., - - Nob"; .PUblrc ""'"' .., I ~~II". ~~MARIAElEN^Nf.tSONI I ij . MEmNClrthTfmplt,2WW I . If/ SalILgk.City,IJWl~fSo-<:.c--n I ~ .'$, My~rnJUI,:m~~Vlri~ I "'H t" O<.\o~ro:S,~~ II' Stnte of Utah I ..._---....._"'"'*'---~... I , 11 'nd~l~~~st~te Conditional Use ptan folio Number: 3611150005 Agenda Item No. 170 January 27, 2009 Page 49 of 73 The Church of Jesus Christ of Latter-Day Saints 4935 23'" Court SW Naples,1'L 5 Aerial Photographs showing FLUCCS Codes ---.r.~ Agenda Item No. 170 Page 50 of 73 ---------, ',\'-i () FLUCCS CODE . 172 - CHURCH EI;J~;rrL,1-rlrlUJ~lliJJTTCTl ~)C!~LE: 'I" ----' RSt#L "", l",::::T,::>-!i",C'; " '<. .. ~ ~,-., ,-~-,,~ fLUCCS MAP 4935 23'rd CT SW Naples, FL l),'\T': 0-).3.-[,3 IMPROVING YOUR WORLD Reynolds, Smith and Hills, Inc, ~" '.) . <':.:)' ::::::b l:.::c:::;~:>_),j I (j:'~UD; i (1 -;"'inl [i'( ;.:1 \:.~j[:::V:~D ~,,( ;.8 ""'" ~ ,....-.. 1 f 11" ,:): y I -)'~ir', Conditional Usc Plan Folio Number: 3611150005 Agenda Item rJo. 170 January 27, 2009 Page 51 of 73 The Church of Jesus Christ of Lalter-Day Saints 4935 23'd COUlL SW Naples, FL 7 Traffic Impact Studies i,,~\l'~V' ,. tIP '4i~". , i1 . h.., I '. P' , ;,A1A...!f~ Agenda Item No. 170 January 27, 2009 Page 52 of 73 Kimlcy.Horn and Associates, Inc, July 17.2008 Me. John podczcrwin.ky Project MilIHlger Collier COLlllty Trallsportation Planning 2885 South Ilorse.hoe Drive Noples. F1orido 34104 Re: Nal.les Meetinghouse -!{ezone & Site-plan applientions Small Scale Traffic Impact Stlldy Dear Mr. Podczcrwinsky: Kimley-I-lorn and Associates. Inc. (KIIA) has conducted a tranic impact study in support of the rezone and site-pl<lll applications for the propo$ed c.:xpansioll of The Church of Jesus Christ of Latter-Doy Saints Naplcs Meetinghouse, The existing church is located 011 the northeast cornel' of the 23fJ Court SW & SOlh Street S\V intersection, generally 1l0l1h ofGoldcfl Gate Parkway and east of StlllLn Barbara Boulevard, in Naples, Florida. nnd the proposed expansion consists of approximiltely 2.465 square reel. The methodology for the trame impact study was disclIssed with County staff on May 27, 2008 and July 3, 2008 IeI' the proposed development expansion. and it \\.'as gcnef<llly agreed that duc to the minimal traffic impact of the expansion and the nalure of the use, the type oftraftic impact study should be small scale, ond it should focus 011 the Sunday peak hour mlher than the weekday p.m. peak hour. This report identities the traffic impacts in support oftbc rezone ond sile-plan applications bnscd upon Collier County's Ji"ifjic Impacl SIII'\I' (illidelil/es, and sllmmarizes the procedures and fimJings of this analysis. Trip Gel/eration Del'elopmellt Tile incrcmental increase in trip gcncralioll potential for the church \....as estilnnted using inf'onnotion contained in Institute ofTl'llnsportatiou Engineer's (IlE) Ji-ip Gel/eral;ol/. 71h Edition (200)), for land u.e code (LUC) 560 - Church IeI' the Sunday daily, Sunday pe;lk~hollr of the gencrator, and weekday p.m. pcnk~hollr lime periods. The l:sl imnled Sunday peak~hour net, new trips cxpected to bc generated by the illcrcllwnlal increase ofthl' church cxpnJ1sioll are 22 two~way, trip ends (II clltcring/l1 exiting). The trip generation potential for the Sunday daily, Sunday peak-hour of the generator, and weekday p.m. peak-hour time periods :Irc documented in the altachmcnt. Trip DistributioJlllud A.\..\';gmmmt New tr:Jffic expected tn he generated by the proposed church expansion was distributed and nssigncd 10 lh~ mljaccnt roadway network based upon existing lrnvc! patterns in the area. Based upon historical Collier COllllly trank infonnation, the distribution of net, new project traffic utilized ill this analysis ;~~ :':i1 ~;,1;'J In_:1 J;'X :.19 2.12' 2C~3 SLi,el ;v3NE3!dA\"I1;IC 2.~p!'Ccml. r:()I!da 33909 :: =r~ Agenda Item No. 170 January 27, 2009 Page 53 of 73 Kimloy.Horn and Associales, Inc. ,"Jr. Jnhn Podcz..:r\\jl\sk)'. July 17. 200K, PaJ;c 2 was evenly split between: tolfrom the north and to/from the south on Santa Barbara Boulevard, tolfrom the north on Sunshine Boulevard, and to/from the west and (o/from the east on Golden Gate Parkway, A/lII(v-,is Based upon Collier Coullly's SlIIall Scale Study guidelines, a review of the project illlpncllo the study network impacl was undcltaken, an analysis of the Hvailable capacity of adjacent l"Oudways was conducted, and a review of the access poiuts was performed as part of the traffic impact study. The existing church docs 110t !lnvc direct access to llny concurrcncywregulatcd romlwnys; access to the church is provided by several driveways along 23'0.1 Court S Wand 50110 Street SW, Based upon the trip generation and distribution estimates previously described) the traffic impact of the church expansion was reviewed on the nearest concurrency-regulated roadway scgmcnls of Santa Bnrbara Boulevard and Golden Gate Parkway. The resulis of this review is shown in Table I, and indicate that the church expalls.ion will have a 0.1 % traffic impact along the adjacent Santa Bmbara Boulevard and Golden Gate Parkway roadway segments, below the County's 2% threshold criteria for significant impnct; therefore, the dlllrch expansion will not have a significant impact to the public roadway system. -'.-- TAIlLEt Study Arcfl Rcvirw ---. I LOS D I}('nk~ Iwppct Signiiicnnt Roadwa)' Segment I Capacity! Dil'cction % Impact? ProjcclTrips .~-== ,~, 'anta 8arb:1ra Boulcl'llnl: (ir..:c-n 1.930 2 0.1% No ulcvlIrd 10 Golden <'illll..' Parkway -~'--~~""-'-~ .__m 1J.I.~!l (ial.!:-.Park.2illX: Snllla Barham I,no 2 0.1% No ncmlcvnrd (0 Cnllicr BOllk:vard .. - 'W" " S 130 Et~ I~ Unsed UpOIl inrorrnnlion t.:OllWilll."d in Collier County's 2007 Concurrent SeJ{melllS worksheet. As previously stated, the existing church docs not have direct <lCCCSS 10 ,my concurrency-regulated roadways. Thercfore, for informatiou,,1 purposes, a concurrency review was conducted for the IIcarcst concurrcllcy~rcgulated roadway segmellts of Santa Barbara Boulevard and Golden Gate Parkway. Thi~ n:vicw l:onsidercd a five-year time frame in support of the rezone application and a two-year time fhullC in support of the site-plan application. This review was conducted utilizing infonnntion contained in Collier County's 2007 COJ1CIl1Tl?nJ Segments worksheet. The results of the review me showll in Table 2, and indicate that with consideration of the currently vesteu trips along thc:-;e road,,"ays, the Santa [Jarbara Boulevard and Golden Gntc Parkway roadway segments willnnt exceed I! 0% of their respective adopted service volume cnpacitics \vith the arlditioll fl!' project trips due to the church expansion, W"'.,'til'l ~- ~ .t\genda Item No. 170 January 27, 2009 Page 54 of 73 Kirnley-Horn and Associates, Inc, Mr. Juhll r0JCl~'r\\'il1sl-;y. July 17, 2!mll. Pare J TABLE 2 Future Roadway Cuudilionsl Rondwll.)' SCgllll'lIt 2007 Trnffic Al'uil. CnllllClly ? Trip Bank Tnll1l Volume A....nil. Cllllllcity Project Trips 171-- -~~I I J98-~ Gnlden GIlt!; Parkway ~ ~ (joldcn CiUL~'pilrk\\'nv; S,,:::'~.~:~::~r~,~:,~:~~;:~lf(1 1,750.. 18~ _~2_ ~18 -----;_~ye'~ I. nas~d upon inrurmlltilln cOlllilincu in ('oilier ('mmly's 2fJ07 Cml(,I/I'J'eJlf S('gmelfl,~ worksheet. SallHljl.l}rbara Boulevard: Green Boulevard to 1.360 Yes Finally, a review orlhe existing access points fort he church was conducted. ^cccss 10 the existing church is currently provided via olle full-access driveway along 23[11 Court SWami three full-access drivcwnys along 50th Street S\V. No new nccl:ss points are proposcd with the church expansion. Due to the minimal increase oftrafftc due to the (;xpHnsioll (22 two-way Sunday pcnk-hollr trip ends), it is anticip<lted that tin: ~xistil1g driveways will be ll1inil11tllly impacted. and 110 turn lane or driveway improvements fire necessary to accommodate the IH'Oposcd cxpansi(lJ1. COlldm'ioJl ^ Small Sl.,;alc Traffic Impact Study was conducted ror the proposed l'<aplcs Meetinghouse expansion in support of the rClom: and site-plan upplicatiolls based upon ColJicl' County's {I'({/fie Impacl ,)"l((~l' Guideli1Je.L Duc to minimal traffic impacl of the proposed 2,465 sqllare-fool church expansion, and the lack of direcl access [0 <lilY cuncurrency-regulated roadways, it is expected that the {lcyclopmcnt willmcet tr;lllsportation concurrency ill the livcw)'cHr (rezone <Ipplication) and l\\'o.ycar (sitewplan ilpplkHlion) timc framcs, If YOLl have any C]ucSI ions or COlllments regarding the above matter, pleMe contact me at your carliest convenience at (239) 242-9341. Very Irllly YOllrs. KIM LEY-HORN AND ASSOCIA n:s, INC. ./ -'\-2~C y~.~' , . Richnnl M. Reiff, P,I>Il' '01' TransportHtion Enginccr .....~ r\,~rrv f\..\'it"j"O\j.lii ili5(;.on . N:!pke, MC~lill~hous<.'\J.LSL<.'H\:'Ll'odcZl'r\\'insky.il7170R,tI{lc Copy to: /\Ian BJ<.:'\\cr. l{cyrJllIJs. Smilh .mrJ rhlls. Inc Atlachll1Cllt ::: =r~ 1....-.------."-- Agenda Item No. 170 January 27, 2009 Page 55 of 73 Kimley-Horn and Associates, Inc, Attachment Agenda Ilem No. 17D January 27, 2009 Page 56 of 73 TRIP GENERATION POTENTIAL Naples Meetinghouse SUNDAY DAILY TRIP GENERATION ESTIMATE DIRECTIONAL GROSS NET NEW ITE TRIP GENERATION CHARACTERISTICS DISTRIBUTION VOLUMES EXTERNAL TRIPS ITE ITE ITE Porcent land Use Edition Code $cillc Units In Qut In Out TOI<lI In Out Total Proposed Chulch r:~pansion 7 560 17.65 ksf 50% 50% 321 321 642 321 321 642 [xislingChulch 7 560 15.185 ksf 50% 50% 293 293 586 293 293 586 Incremental Increase: 28 28 56 28 28 56 SUNDAY PEAK-HOUR OF GENERATOR TRIP GENERATION ESTIMATE DIRECTIONAL GROSS NET NEW ITE TRIP GENERATION CHARACTERISTICS DISTRIBUTION VOLUMES EXTERNAL TRIPS ITE ITE ITE Percenl Land Use Edition Codo Scale Unlt$ In Out In Out Total In Out Tolal r(DposedChurchExp3ns~n 7 560 17.65 ksf 50% 50% 121 121 242 121 121 242 ExlsFngChurC/l 7 560 15,185 ksf 50% 50n/o 110 110 220 110 110 220 Incromcntallncreasc: 11 11 22 11 11 22 WEEKDAY P.M. PEAK.HOUR TRIP GENERATION ESTIMATE DIRECTIONAL DRIVEWAY NET NEW ITE TRIP GENERATION CHARACTERISTICS DISTRIBUTION VOLUMES EXTERNAL TRIPS ITE ITE ITE Percenl L<lnd Uso Edlllon Code Scale Units In Out In Out Total In Out Total Proposed Churd. E~p:lI\s'o/l 7 560 17.65 ksf 52% 48% 6 6 12 6 6 12 Ex;sl~l!I Churcll 7 560 15.185 ksf 52"/0 48% 5 5 10 5 5 10 - Incremental Increase: 1 1 2 1 1 2 K\TPTO\1481QSOOO - NClplos Mee\inghouselNM Trip Gcn x:s. prmn DAY-with? PEAKS 1I1'l12DOS,9,57AM Conditional Use Plan Folio Number: 3611150005 flgenda Item No. 170 January 27, 2009 Page 57 of 73 The Church ofJeslls Christ of Latter-Day Saints 493523,<1 COllli SW Naples, FL 3 Copies of tIle TIS on CD Conditional Use Plan Folio Number: 36] ] ] 50005 Agenda Item No. 110 January 27, 2009 Page 58 of 73 The Church of Jesus Christ of Latter-Day Saints 4935 23'" Court SW Naples, FL 1 CD containing electronic files of all submitted documents Agenda Item No. 170 January 27,2009 Page 59 of 73 RESOLUTION NO. 09-__ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT. S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, 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. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regutations 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 has held a public hearing and has considered the advisability of a Conditional Use for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in the Residential Single Family - Three Zoning District (RSF-3), on the property described in Exhibit "B", and has found as a matter of fact (Exhibit HAH) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 10,08.00,0 of the Land Development Code, as amended; and WHEREAS, all interested parties have been given opportlUlity to be hcard by this Board in a public meeting assembled and the Board having considered all matters prescnted. NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: Page 1 of3 Agenda Item NO.. 11 January 27. 201 Page 60 of Petition CU-2008-AR-13639, filed by Alan Brewer of Reynolds Smith and Hills, !nc,. : representing The Chureh of the Jesus Christ of Latter Day Saints, with respect to the property described in Exhibit "B," attached hereto and incorporated by reference herein, is hereby approved for a Conditional Use pursuant to the Collier County Land Development Code in the Residential Single Family - Three Zoning District (RSF-3), for the expansion of a Church and Place of Worship to include 2,588 square feet in building additions in accordance with the Conceptual Site Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D," attached hereto and incorporatcd by reference hcrein, BE IT FURTHER RESOLVED that this Resolution be rccorded in the minutes of this Board. This Resolution adopted after motion, second and supcr-majority vote, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLillR COUNTY, FLORIDA By: By: DONNA FW"A, CHAIRMAN , Deputy Clerk Approved as to fonn and lcgal sufficiency: Steven T. Williams S{J ~,o'\ Assistant County Attorney" Page 2 of3 , L Exhibits (attached): A. B. C. D. A~enda Item No. 17D~' January 27, 200 '. Page 61 of 7 Findings of Fact Legal Description Conceptual Site Plan Conditions of Approval Page 3 of3 AJenda Item No. 170 January 27, 2009 Page 62 of 73 FINDING 011 IIACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 Thc following facts arc found: I. Section 2,04.03, Table 2, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversety 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 rcfcrenee to automotive and pedestrian safety and convenience, traflic flow and control, and acecss in easc of firc or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring propcrtics 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: Compatihle use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be reeommcnded for approval to the Board of Zoning Appeals. . / / DA TE: (~II ~~ i COMMISSIONER: I //~':!-~l EXHIBIT A / Agenda Item No. 170 January 27,2009 Page 63 of 73 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-200S-AR-13639 The following facts are found: 1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not advcrsely affect other property or uses in the same district or neighborhood because of; A Consistency J the Land Development Code and GrO\vth 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, effects: ~ No affect or __._ Affect mitigated by.. __ . Affect cannot be mitigated glare, economic or odor D. Compatibility with adjacent properties and other property in the district: Compatible L11se within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended fol' approval to the Board of loning A ppeak DATE: / d--,!/ J7Cif COMMISSIONER:--l1U tr /", ~l)~ EXHIBIT A Agenda Item No. 17D January 27,2009 Page 64 of 73 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008.AR-13639 The following facts are found: 1. Section 2,04,03, Table 2, uf the Land Development Code authori7~d the conditional use. 2. Granting the conditional use will not adversely affcct the public interest and will not adversely affcct other property or uses in the same district or neighborhood because of: A. Consistency wilh the Lund Development Code fmd GrO\vth Management Plan: Yes V No B. Ingress and egress to property and proposed stlUctures thereon with particular reference to automotive and pedestrian safety and convcnience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ;../ No C, Affects neighboring propertics in relation to noise, glare, economic or odor effects: ../' No affect or _ Affect mitigated by _ Affcct cannot be mitigated D. Compatibility with adjaccnt properties and other property in the district: Compatible w;e within district Yes ,./ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recmnmended for approval to (he Board of Zoning Appekds, nATE:~/~-~% COMMISSIONER:~ ~. EXHIBIT A Agenda Item No. 170 January 27, 2009 Page 65 of 73 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2.04.03, Table 2, of the Land Developmcnt 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 7he 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 pedcstrian safety and convenience, traffic flow and control, and access in case of fire 01' catastrophe: Adcquate ingress & cgrcss / Yes V No C. Affects neighboring properties in relation to noise, glare, economic 01' odor effects: / No affcct 01' _ Affect mitigated by ._ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district j Ycs vi No Ilf Bascd on the abovc findings, this conditional usc should, tth stipulations, (copy attached) bc recommended for approval to the Board of Zoning Appea t- DAm lLllwl',J~_ COMMISSIONER IL~ -fr71/}l) S4J\\"\'-tL/ EXHIBIT A \ \ Agenda Item No. 170 January 27,2009 Page 66 of 73 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-200S-AR-13639 The following facts are found: 1, Section 2,04,03, Table 2, of the Land Development Code authorized the conditional use. 2, Granting the conditional use will not adversely affcct the public interest and will not adversely affect other property or uses in the same district or neighborhood bccause of: A, Consistency wilb the Land Developmcnt Code and Growth Managemcnt Plan: Yes // No R. Ingress and egress to pl'Operty and proposed structures thereon with particular reference to automotive and pedestrian safety and convenicnce, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &. cgrcss Yes / No c. Al1eets neighboring properties in relation to noise, glare, economic or odor effects: / _~ No affect or ___ Affect mitigatcd by _ Affect cannot be mitigated D. Compatibility with adjacent propcliies and other propeliy in the district: Compatible u71in district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of 70ning A )1pcal s. DATE: /~ /I?/Ol" /7 ~t-? ./ Ie / COM1I1ISSJONER:_ L I_/'/ . L_/ EXHIBIT A Agenda Item No. 170 January 27,2009 Page 67 of 73 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2,04,03, Tablc 2, of the Land Dcvelopment Codc authorized the conditional use. 2. Granting the conditional u~e will not adversely affect the public interest and will not adversely affect other property or uses in the ~ame district or neighborhood because of: A. Consistency with the Land Development Code and Growth Managemcnt Plan: Yes I No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and controt, and access in case of fire or catastrophe: Adequate ingress & egress Ycs v' No C, Affects neighboring propelties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by ...__ Affect cannot be mitigated D. Compatibility witb adjacent propelties and other properly in the district: Compatible use within district Yes I No Based on tbc above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to tbe Board of loning Appeals, j)^TE:~f/{)f COMM1SSIONERY.b-71J1d-.M(Jd/ ~ EXHIBIT A r- Agenda Item No. 170 January 27, 2009 Page 68 of 73 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts are found: 1. Section 2,04,03, Table 2, of the Land Dcvclopmcnt Code authorized the conditional lLse. 2. Granting the conditional use will not adversely affcct 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 Managemcnt Plan: Yes / No B, Ingress and egrcss to propelty and proposed structurcs 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 Yesd No___. C, Affects neighboring properties in relation to noise, glare, economic 01' odor cffeets: ~o affect or ._ Affect mitigated by_ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in tbe district: Compatible use within district YCS_~o_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of loning Appeals. DAm \t'\e'.~~ COMMJSSlONE"~P ~ EXHIBIT A Agenda Item No. 170 January 27, 2009 Page 69 of 73 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CD-200S- AR-13639 The following facts are found: 1. Section 2.04.03, Table 2, of the Land Development Code authorized tbe conditional ~~. 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 01' neighborhood because of: A. Consistency with ;9i'Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to pl'Opelty and proposcd stlUcturlOS thereon with particular referencc to automotive and pedestrian safcty and convenience, trame flow and control, and access in case of fire or catastropbe: Adequate ingress 7ess YcsL No_ C. Affects neighboring properties in relation to noise, effects: ~o affect or ___ Affecl mitigated by __ Affect cannot be mitigated glare, ceo nomic 01' odor D. Compatibility with adjaccnt properties and other property in the district: Compatible use within district Yes""------ No Based on tbe above findings, this conditional use should, with stipu ations, recommended for approval to the Board of Zoning Appcals, / ~ DATE: /:2 ~ /cf'--oc COMMISSIONER' EXHIBIT A /,/ h /;-lV/ {/'// y-~ fA- ~',- - ~ '------ Agenda Item No. 170 January 27, 2009 Page 70 of 73 ( FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR CONDITIONAL USE PETITION CU-2008-AR-13639 The following facts arc found: 1. Section 2,04,03, Table 2, of thc Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the publie interest and will not adversely affcct other property or u~cs in the same district or ncighborhood because of: A, Consistency with the Land Development Code and Growth Management Plan: Yes I No B, Ingress and egress to property and proposed structurcs thcreon with particular refercnce to automotive and pcdestrian safety and convenience, traffic flow and control, and access in case offirc or catastrophe: Adequate ingre~s & egress Ycs / 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 propeliy in the di~trict: Compatible use within district Yes ---rL No Based on the above findings, this conditional use shoLlJ~, ~th stipulations, (copy attached) be recommended for approval to the Board of Zoning App~'!rJs,\ . EXHIBIT A .{-- i \ DATEJ20: I~08 I COMMISSIONER: Agenda Item No. 170 January 27, 2009 Page 71 of 73 LEGAL DESCRIPTION GOLDEN GATE CITY UNIT 4, BLOCK 119, LOT 11N PLAT BOOK 5, PAGES 107- 116, COLLIER COUNTY FLORIDA N (Back) N 89d29'53"E 450.00 MEASURED N 90dOO'00"E 450.00 PLAT S (Front) CB~N82d08'11"W 450.00MEAS, CD=447,57 D=16d43'51" R=1538.17 L=449.16 T=226.19 C13=N81d38'04"W PLAT CE=447.57 E (Side) SOOd30'07"E 397.65 MEASURED SOOdOO'OO"E 397,65 PLAT W (Side) NOOd30'OrW 331.48 MEASURED NOOdOO'OO"W 331.48 PLAT Rxhihit B 0"'(') r--Or-- ~O_ NO ci -('\J Z~r-- E1:'~ 2coro -::lO- rn C 'Orn C-' Q) Ol <( ~ It. L.o t:! ~I~ Iii ~ I! I :i ~ ~ ~ :,1 ~ ll~l I il! ~ ' >!' ... Ii !l!t.!1 II Ii i~1 Ii !If Imll 1!~W !;~;tllll~ ~~ g! .~ ~~ i '1' ~ II ; niP! <> :, Ii: i 1 Ii ili,! im iJI I I" i !H ~."" !I q"-'H, I 11m II'L~!l! ~hl. b, iill-; - ;.-i ~ g,-;-! f lid l . l~! I',," I<','! II'" 1,1 II 'I"~ 'H! -.' .,' ~ , I' . ", iii :111,1.'" 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"~..., F~::-= "~C\=-"-=,..t--_.J ;'.'1-" , \ ,,' ~ III ......rflT1~,-::.~ ~f._ ...-...--, -~r--"-- _.--:. /J I ~ , ,,;;d'~[:l\D\:: i '< ,. =~ - t;~(i'[-~:~t'h~:{~~:'~~"'" u':-=f~-1~'~ i,1 f:\("~,- L - . ,," ~ u--~~~f~ti,",;; ~~:"~:":':::::~_...1:.~_,..;:::.,,,a- - =- -. II: 1~'IW1: "~~ l!-------- ---------------------,-----., ,i: IF. I I' ';,' 1~ ,I ,I ;1 ;1 ,j ;i 1 iWu ',' II'! . , .. - -.nr,w'lfllJ~ I ~ " , 11,.J[;3'~ri' J ; LE:"~""'It.:i<l Exhibit C 19 I C) II , , Ilid: nil III II A.J''100' (",~, UL.J . -.,. [ I <if\( i , , . I : i '! II,. "Iilill. hill!.11 , h II I ,tI iill 0800888 -""'-=' 1'1 I .Agenda Item No. 170 January 27, 2009 Page 73 of 73 CONDITIONS OF APPROVAL CU-2008-AR-13639 December 18,2008 I. The Conditional Use is limited to what is shown on the Conceptual Site Plan, idcntificd as "Naples Meetinghouse Conceptual Plan," prepared by Reynolds, Smith and Hills, Inc., and dated Dccember 8, 2008, The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2, Day care operations shall be limited to those provided during church services only. 3, The number of paved parking spaces on the site shall be limited to 177 spaces, Exhibit D