Agenda 03/10/2009 Item #17B
,\C'snda Item r\Jo. 17B
- March 10. 2009
?age 1 of 54
EXECUTIVE SUMMARY
CU-2008-AR-13661, Center Point Community Church, represented hy Matthew
McLean, P.E., of Agnoli, Barber and Brundage and Doug Lewis, Esq., of Roetzel and
Andress, is requesting a Conditional Use in the Estates (E) Zoning District for a youth
ministry sanctuary with supporting offices and youth member social activities relating
to the existing religious facility, as specified in Section 2.03.01.B.l.c.l of the Collier
County Land Development Code (LDC). The 4.58-acre subject property is located in
Tract 85, Golden Gate Estates, Unit 29, in Section 30, Township 49 South, Range 26
East, Collier County. Florida.
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider the above-referenced application tor
a Conditional Use of the Estates (E) Zoning District, as provided for in Section
2.03.01.B.l.c.1 of the Collier County Land Development Code (LDC) (Ordinance No.
2004-41, as amended), to permit a church facility; and to insure that the community's
interests are maintained.
CONSIDERATIONS:
Located in the southeastem comer of the Golden Gate Parkway (CR 886) and 66th Street
SW intersection, Center Point Community Church is an existing house of worship, which
was granted Provisional Use (now called Conditional U,e) approval in 1977 by Resolution
No. PU-77-3C. In 1991, a second resolution, No. 91-111, granted Provisional Use
approval on the two parcels immediately cast of the church site for church-related facilities;
however, as a condition of approval, any future expansions on the parcels were required to
seek another, new Provisional Use. Because the Center Point Community Church would
now like to construct an approximately 34,551 square-foot youth, worship and
administration facility on the site, they are pursuing the requisite Conditional Use approval;
and as part of the Conditional Use, would also like to incorporate a third parcel, adjoining
the eastem boundary of the prior two in order to locate the site's stormwater management
area, septic field, and required native preserve there. Presently the three subject parcels,
cumulatively approximately 4.58 acres in area, arc occupied by two single-family
dwellings, both of which are proposed for dcmolition.
As shown on the Conceptual Site Plan (contained in Exhibit C of the attached resolution)
entitled, "Center Point Community Church-Conditional Use Conceptual Site Plan,"
prepared by Agnoli, Barber and Brundage, Inc., and dated July 2008. as revised through
January 28, 2009, vehicular access to the site would be provided from travel aisle
connections to two existing access points on the church site's 66th Street SW trontagc, and
from a single direct access point proposed along the subject propCI1y's 63'd Street SW
frontage. Pedestrian access would be afCorded from a palhway connection to the existing
six-foot wide sidewalk along Golden Gate Parkway. The proposed 34,551 square-foot
building would be located along the western boundary of the subject propctiy, 58 feet east
of the nearest building on the church site. It would be set back a minimum of III feet trom
Golden Gate Parkway and 268 feet from 63,d Street SW (its two front yards); and set back
CU-2007-AR-13661
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230 feet from the site's eastern boundary, its only side yard. These setbacks would far
exceed the standards of the E Zoning District, which require 75-foot and 30-foot setbacks,
respectively. The structure would be two-story, with a maximum height of 30 feet, as
prescribed by the E Zoning Disllict. Parking spaces would surround the building's
northern, eastern and southern sides. Along the length of the subject property's eastern
boundary, where it abuts a single-family use parcel, a 0.78-acre stormwater management
area, 0.38-acre septic lleld and 0.59-acre native preserve would be located in order to
further separate the proposed building from the neighboring home. A IS-foot Type B
buffer would form a transitional screen along this boundary, and a minimum six-foot high
masonry wall or fence would also be required. The remaining perimeter landscaping would
be comprised of Type D buffers, 15 feet in width along Golden Gate Parkway, reduced to
10 feet in width along 66lh Street SW and 63,d Street SW, as required by the LDC.
FISCAL IMPACT:
The proposed church facility, in and of itself, would have no llscal 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 pem1its to
help offset the impacts of each new development on its public facilities. These impact fces
are used to fi.md projects identilled 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.f17(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 permit
include building permit review fees.
It should be noted that the inclusion of impact fees and collected taxes are for inforn1ational
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 propeliy, as identified on the Future Land
Use Map of the Golden Gate Area Master Plan (GGAMP), is within the Estates- Mixed
Use District, Conditional Uses Subdistrict land use designation. The Conditional Uses
Subdistrict in the Estates - Mixed Use District contains specific provisions for Conditional
Uses in Golden Gatc Estates, including Conditional Uses on Golden Gate Parkway. The
relevant portions of that provision arc below:
. Recogni:=ing the existing residential nature (!( the land lIses surrounding the 1-75
interchange at Golden Gale ParA'11'ay, there shall be no fitrlher conditional uses .fc)r
propertil's abutting Go/den Gate l'arhvay. hetvticen Lil'ingsfon Road and San/a Barbara
Boulevard. except os pennftffd 1-1'i!l1in the Golden Gate Parkv.'ay Institutional Subdisfrict,'
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and, except as provided in suhparagraph 1., helovv,. and, except for essential services, as
dc.<.,'crihed in paragraph a), abOl'c.
. Further, no properties abutting streets accessing Golden Gate Parhvo..v, between
Livingston Road and Santa Barbara Boulevard, shall he approved for conditional uses
except as permitted within the Goldcn Gate Parkway Institutional Subdistrict; and, except
as provided in subparagraph J.. helow," and, except for essential sen.'ices, as described in
paragraph a), above.
1, In consideration (?fthe improvements assnciated vFith the interchange at Interstate 75 and
Golden Gafe Park-t.vay, the existing conditional use (church and related facilities) located
at the southeast cornel' of Goldell Gate Parkway alld 66" Street S, W. may be expallded ill
acreage and illtellsity alollg the south side of Goldell Gate Parkway to the east of 66"
Street S. /f~, but the total p/'Oject area shall IIOt exceed approximately 9.22 acres (see
Golden Gate Parklwy Interchange Conditional Uses Area Map) [emphasis added].
The subject propelty combined with the area of the existing church site comprises the 9.22
acres cited above. In addition, FLUE Policy 5.4 requires new land uses to be compatible
with the surrounding area. The Zoning staif is charged with making that determination,
pursuant to the criteria set forth in the LDC, in terms of the appropIiateness of the
requested uses/densities on the subject site; a review of both the subject proposal and
surronnding or nearby properties with regard to the allowed use intensities and densities;
development standards (building heights, setbacks, landscape buffers, etc.); building mass;
building location and orientation; architectural features; amount, type and location of open
space; traffic generation/attraction, et cetera. Finally, in order to promote "smart growth"
policies and adhere to the existing development character of Collier County, new
development and redevelopment projects must implement policies 7.1 through 7.4 of the
GMP. The proposed project fulfills the ohjectives of these policies.
Based upon the above analysis, staff concludes that the proposed Conditional Use may be
deemed consistent with the GGAMP.
Transportation Element: The TranspOltation 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,
as a condition of approval, has required that the church employ a police presence to control
Sunday (or Saturday) peak-hour traffic. The southhound left-in at the project's northerly
dIiveway would also need to be closed, either by a ban-icade or the police, during SWlday
and/or Saturday peak-hours in order to prevent vehicles from queuing onto Golden Gate
Parkway. The TIS did not analyze weekday school activities or dayeare, so such activities
have been prohibited in the Conditions of Approval (Exhibit C to the resolution).
AFFORDABLE HOUSING IMPACT:
Approval ofthis Conditional Use would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
The Environmental Services Department has reviewed this petition and has recoIfnnenued
approval.
CU-2007-AR-13661
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,!\aenda li2rYi r-.J::J. 1-78
.~ M8rc,h i O. 2009
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ENVIRONMENTAL ADVISORY COUNCIL (EACl RECOMMENDA TION:
Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this
petition because no protected species or wetland impacts were identified on the site.
However, as noted, the Environmental Services Department has reviewed this petition and
has found no environmental issues associated with it.
COLLIER COUNTY PLANNING COMMISSION (CCPCl RECOMMENDATION:
The CCPC heard this petition at their February 19, 2008 meeting, and voted 9-0 to forward
it to the BZA with a recommendation of approval. subject to the following conditions:
I. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified
as "Center Point Community Church-Conditional Use Conceptual Site Plan," prepared
by Agnoli, Barber and Brundage, Inc., and dated July 2008, as revised through January
28, 2009. 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. The maximum area of the proposed building shall be limited to 34,551 square-feet of
floor area, as defined in LDC Section 1.08.02.
3. The church shall provide traffic control by law enforcement or a law enforcement-
approved service provider for Saturday and/or Sunday, as applicable, peak hour traffic
at loeation(s) to be determined by the law enforcement or law enforcement-approved
service provider.
4. The southbound left-in at the project's northerly driveway may be closed dUling Sunday
and/or Saturday peak-hours, as deemed necessary by law enforcement or the law
enforcement-approved service provider, to maintain efficient vehicular traffic flow on
public roadways. This shall be accomplished either by a baITicade or by the law
enforcement or law enforcement-approved service provider, as authorized by Collier
County.
5. Irrespective of that shown on the Conceptual Site Plan, the property owner shall
provide a five-foot wide pedestrian connection to the site from the existing six-foot
sidewalk along Golden Gate Parkway, with thc cxact location to be detemlined by the
County TranspOliation Planning Depm1ment at the lime of Site Development Plan
(SOP) review and approval, pursuant to the requirements of the LDC.
6. Prior to SDP approval, a build-in-Iieu contribution shall be made by the property owner
to the County for the otherwise required sidewalks within the abutting 66th Street SW
and 63rd Street SW lights-of-way.
7. No schools (821 I) or daycares (8351) shall be pennitlcd on the site, except those
accessory uses customarily associated with church uses.
CU-2007-AR- I 3661
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8. Any SDP for the site submitted to Collier County for review and approval shall be a
unified plan that includes the Center Point Community Church site, previously
approved hy PU 77-3-C.
9. In lieu of a masonry wall or fence, an enhanced Type B huffer shall be provided, which
shall consist of an alternating double hedgerow instead of a single hedgerow.
Because this item received a unanimous recommendation of approval and the only letter of
objection received from the community was rescinded, this petition has heen placed on the
BZA's Summary Agcnda.
LEGAL CONSIDERATIONS:
Before you is a Conditional Use for a church in the E Zoning District. A Conditional Use is
a use that is pern1ilted in a pm1icular zoning district subject to certain restrictions.
Decisions regarding Conditional Uses are quasi-judicial, and as such, require ex pm1e
disclosure. FUl1hermore, all testimony given must be under oath. The attached report and
recommendations of the Planning Commission required are advisory only and m'e 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 neeessm'y
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 puhlic health, safety, welfare,
morals, order, comfort, convenience, appearance, or the general welfare of the
neighborhood. As a fUl1her condition of approval of the Conditional Use, you may require
that suitable areas Jell' streets, puhlic rights-of-way, schools, parks, and other public
facilities he 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 ofthe
Conditional Use requiring Jemr af1irmative votes of the Board. -STW
RECOMMENDA nON:
Staffreeommends that the Board of Zoning Appeals approve petition CU-2008-AR-13661,
subject to the conditions recommended hy stafT and the CCPC, contained in the attached
resolution
PREPARED BY:
John-David Moss, AICP, Principal Planner
Department of Zoning & Land Development Revicw
CU-2007-AR-J366l
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AGtf>l't5!Ai'l'jt1l,N;\ klq,; 178
, March -1 0, 2009
Page 6 of 54
Co~r County
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING: FEBRUARY 19, 2009
SUBJECT: PETITION CU-2008-AR- I 3661, CENTER POINT COMMUNITY CHURCH
PROPERTY OWNER/AGENT:
Owner:
Center Point Community Church of Naples, Inc.
6590 Golden Gate Parkway
Naples, FL 34!O5
Agents:
Matthew McLean, PE
AgnoIi, Barber and Brundage, Inc.
7400 Tamiami Trail North
Naples, FL 34 I 05
Doug Lewis, Esquire
Roetzel and Andress
Trianon Centre, 3rd Floor
Naples, Florida 34103
REQUESTED ACTION:
To have the Collier County Plalllling Commission (CCPC) consider an application for a
Conditional Use of the Estates (E) Zoning District, as specified in Subsection 2,03.01.B.1.c.1 of
the Collier County Land Development Code (LDC), to allow a church facility.
GEOGRAPHIC LOCATION:
The approximately 4.58-acre subject parcels are located on the sonth side of Golden Gate
Parkway (CR 886), between 66th Street SW and 64th Street SW, in Section 30, Township 49
South, Range 26 East, CoHier County, Florida (see the location map on the following page).
PURPOSE/DESCRIPTION OF PROJECT:
Located in the southeastern eorncr of the Golden Gate Parkway (CR 886) and 66th Strcct SW
intersection, Ccnter Point Community Church is an cxisting house of worship, which was
granted Provisional Use (now called Conditional Use) approval in 1977 by Resolution No. PU-
CU-2008-AR-13661
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Item 1'10. 178
~'v'~arch 10, 2009
?age 9 of 54
77-3C In 1991, a second resolution, No. 91-111, granted Provisional Use approval on the two
parcels inU11ediately east of the church site for church-related facilities; however, as a condition
of approval, any future expansions on the pm-cels were required to seek another, new Provisional
Use. Because the Center Point Community Church would now like to construct an approximately
34,551 square-foot youth, worship and administration facility on the site, they are pursuing the
requisite Conditional Use approval; and as putt of the Conditional Use, would also like to
incorporate a third parcel, adjoining the eastern boundary of the prior two (as seen in the aerial
photograph below), in order to locate the site's stormwater management area, septic field, and
required native preserve there. Presently the subject parcels, cumulatively approximately 4.58
acres in area, are occupied by two single-fanlily dv./cllings, both of \vhich are proposed for
demolition.
Aerial View of the Site
As shown on the Conceptual Site Plan on the preceding page, entitled, "Center Point Community
Church-Conditional Use Conceptual Site Plan," prepared by Agnoli, Barber and Brundage, Inc.,
and dated July 2008, as revised through January 28, 2009, vehicular access to the site would be
provided from travel aisle connections to two existing access points on the church site's 6611,
~trect SW fi'ontage, and from a single direct access point proposed along the subject pl'opelty's
63rd Street SW frontage. Pedestrian access would be afforded from a pathway connection to the
existing six-foot wide sidewalk along Golden Gate Parkway. The proposed 34,551 square-foot
building would be located along the western boundary of the subject property, 58 feet east of the
nearest building on the church site. [t would be set back a minimum of 111 feet from Golden
Gate Parkway and 268 feet from 63rd ~treet SW (its two front yards); and set back 230 feet from
the site's eastern boundmy, its only side yard. These setbacks would far exceed the standards for
the E Zoning District, which require 75-100t and 30-foot setbacks, respectively. The structure
would be two-story, with a maximum height of 30 feet, as prescribed by the E Zoning District.
Parking spaces would surround the building's northern, eastern and southern sides, Along the
CU.2008.AR,13661
Page 2 of 9
Aoenda Item No. 178
" March 10, 2009
Page 10 of 54
length of the subject property's eastern boundary, where it abuts a single-family use parcel, a
O.78-acre stormwater management area, 0.38-acre septic field and 0.S9-acre native preserve
would be locatcd in order to further separate the proposed building from the neighboring home.
A IS-foot Type B buffer would form a transitional screen along this boundary, and a minimum
six-foot high masonry wall or fence would also be required. The remaining perimeter
landscaping would be comprised of Type D buffers, IS feet in width along Golden Gate
Parkway, reduced to 10 feet in width along 66th Strcct SW and 63rd Street SW, as required by the
LDC.
SURROUNDING LAND USE & ZONING:
North:
Golden Gate Parkway, then single-family home and vacant lots within the E
Zoning District
Sin lIe-family home within the E Zoning District
63' Street SW, then single-family homes within the E Zoning District
Center Point Community Church within the E Zoning District
East:
South:
West:
GROWTH MANAGEMENT nAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property, as identified on the Future Land Use
Map of the Golden Gate Area Mastel' Plan (GGAMP), is within the Estates - Mixed Use District,
Conditional Uses Subdistrict land use designation. The Conditional Uses Subdistrict in the
Estates - Mixed Use District contains specific provisions for Conditional Uses in Golden Gate
Estates, including Conditional Uscs on Golden Gate Parkway, The relevant portions of that
provision arc below:
. Recognizing the existing residentialnatul'e of the land uses surrounding the 1-75 interchange at
Golden Gate Parkway, there shall be no further conditional uses for properties abutting Golden
Gate Parkway. between Livingston Road and Santa Barbara Boulevard. except as permilled
within the Golden Gate Par!cw(,y Institutional Subdistrict; and, except as provided in
subparagraph 1" below; and. except for essential services. as described in paragraph a). above.
. Further, no properties abutting streets accessing Golden Gate Parkway, between Livingston
Road and Santa Barbara Boulevard, shall be approved for condilionaluses except as permitted
within the Golden Gate Parkway Institutional Subdistrict; and, except as provided in
subparagraph 1., below; and, exceptfor essential services, as described in paragraph a), above.
1, In consideration of the improvements as.mciated wilh the interchange at Interstate 75 and Golden
Gate Parkway. the existing conditional Ilse (church and related jilcililies) located at the
soulheast earlier of Goldell Gille Parkway and 66'" Streel S. W. IIUlY he expanded in acreage
and llItellsity along the sOlllh side of Goldell Gate Parkway to the east of 6fi" Slreet S. w., hili
the total project areashalll/ot exceed approxl11l11tely 9.22 acres (.,ee Golden Gate Parkway
interchange Condilional Uses Area Map) [emphasis added].
The subject property combined with the arca of the existing church site comprises the 9.22 acres
noted above, In addition, FLUE Policy 5.4 requires new land uses to be compatible with the
sUlTOunding area, Comprehensive Planning leaves tlus determination to 7.oning and Land
Development Rcvic\v staff as part of their review of the petition in its entirety, but notes that in
reviewing the appropriateness of the requested usesldensities on the subject site, the
CU.2008.AR.13661
Page3af9
Agenda item No. 178
r,l1arch 10. 2009
Page 11 of 54
compatibility analysis is to be comprehensive and include a review of both the subject proposal
and sun'ounding or nearby propelties with regard to allowed use intensities and densities,
development standards (building heights, setbacks, landscape buffers, etc.), building mass,
building location and orientation, architectural features, amount and type of open space and
location, traffic generation/attraction, et cetera.
111 order to promote "smart growth" policies, and adhere to the existing development character of
Collier County, the following policics shall be implemented for new development and
redevelopment projects, where applicable.
Policy 7.1
The County shall encourage developers and propcrty owners to connect their propclties to
fronting collector and arterial roads, except where no such connection can be made without
violating intersection spacing requirements of the Land Development Code. (StalfComment: As
depicted on the conceptual site pian, the project has access onto Golden Gate Parkway through
two access poinls on 66th Street SW.)
Poliey 7.2
The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traffic signals. (StajJ
Comment: As depicted on the conceptual site plan, the project maintains two access points ji'om
66th Street SW for both ingress/egress thai connect to Golden Gate Parkway. The conceplual
site plan also indicates that there will be an additional access point along 63rd Street to fi/rther
improve ingress/egress.)
Policy 73
All new and existing developments shall bc cncouraged to cOlmect their local streets and thcir
intercolUlection point with adjoining neighborhoods or other developments regardless of land use
type. (StajJComment: As depicted on the conceptual site plan, Ihe pnJject provides connections
to adjacent properties.)
Policy 7.4
The County shall encouragc new developments to provide walkable communities with a blend of
densities, common open spaces, civic facilities and a range of housing prices and types. (Staff
Comment: As depicted 011 the conceptual site plal1, there is a six:{oot pedestrian sidewalk
fi'011lil1g the l10rthern property bOlll1dalY along Golden Gate Parkway. Pedestrian improvements
per the LDC will also be included infuture development plansfor the property.)
Based upon the above analysis, staff concllldes that the proposed Conditional Use may be
deemed consistent with the GGAMP.
TransPoltation Element: The Transportation Services Departmcnt 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 thc Transpor[alion Element of the GMP. Howcver, as a condition of
approval, has reqU1rcd that the church employ a police presence to control Sunday (or Saturday)
peak-hour traffic. The southbound left-in at the project's northerly driveway would also need to
be closed, eithcr by a barricade or thc police, during Sunday and/or Saturday peak-hours in order
CU.2008.AR.13661
Page 4 of 9
Agenda Item No. 178
March 10. 2009
Page 12 of 54
to prevent vehicles from queuing onto Golden Gate Boulevard. The TIS did not analyze weekday
school activities or daycare, so such activities have been prohibited in the Conditions of
Approval (Exhibit C to the resolution).
ANALYSIS:
Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals
(BZA), the Planning Commission must make findings that: 1) approval of the Conditional Use
will not adversely affcct thc public interest; and 2) all specific requirements for the individual
Conditional Use will be met; and 3) satisfactory provisions have been made concerning tllC
following matters, where applicable:
1. Consistency with the Land Development Code and the Growth Management Plan.
The proposed expansion of the existing church facility is consistent with the provisions of the
Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan. Tn addition,
churches/places of worship are allowed as Conditional Uses in the E 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 the GMP and the LDC.
2. Ingress and egress to the property and proposed structures tbereon, witb partieular
refer'ence to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of firc or catastrophe.
Transportation Planning staff has reviewed this petition and determined that ade~uate access
to and ii'om the propelty would be provided from its direct access point on 63' Street SW
and from the church's two existing access points on 66th Street SW. Although the applicant
has proposed to build sidewalks elsewhere in the community in-licu of constructing those
required within the abutting rights-of-way, pedestrian access to the site would be provided by
a connection to the existing six-foot sidewalk along Golden Gate Parkway. Since the exact
location of this pedestrian connection has not been specified on tile conceptual master plan,
staff has includcd a condition of approval requiring its depiction at the time of site
development plan review and approval. Staff has also added a condition of approval
requiring the chlll'ch to provide Jaw enforcement (or a law enforcement-approved service
provider) to aid in controlling traffic during services and other evcnts of significant traffic
generation at any location to be determined necessary by the Collier County Transportation
Administrator or his designee.
3. The effect the Conditional Use would bave on neighboring propertics in relation to
noise, glare, economic or odor effects.
As previously noted, the proposed building would be separated from the neighboring
residential use to its north and south by roadways, and fi'om the single-family home parcel to
its east by a generous 230-foot setback yard containing the site's stormwater management
area, septic field and nativc preserve. In addition, the standards of the LDC would require the
provision of vegetative buffcrs around the entire church site's pcrimeter, and a masomy wall
or fcnee along the subject property's eastern boundary to reduce the potential impact of noisc
and glare on the home located thcre, pursuant to Section 5.03.02.E, Fences and Walls, of the
CU-200B-AR-13661
Page 50f9
Agenda Item No. 178
March 10, 2009
Page 13 of 54
LDC, As such, impacts on the surrounding properties would he minimized. However, it
should be noted that the applicants have expressed their intent to seek an administrative
waiver of the wall requirement at the time of site development plan (SDP) review and
approval, as the affected homeowner is repOliedly suppOliive of a chain-link fcnce.
Nevertheless, staff will evaluate the appropriateness of the waivcr for the dfects of light and
noise at the time the administrative variance is submitted.
4. Compatibility with adjaccnt properties and other property in the district.
As previously noted, the house of worship has been in existence since the late 1970s.
Furthermore, the proposed building would be separated iI'om the neighboring single-family
home parcel by a minimum distance of over 230 feet, and further buffered following the
installation of appropriate transitional scrcening and a six-foot high masonry wall or fence
(unless an administrative waiver for the wall is granted because of mitigating factors).
Because of its location, the limited nature of the proposal, and the provision of the required
buffers and wall or fence, any impacts on the surrounding neighbors would be minimized and
compatibility insured, as required by Policy 5.4 of the FLUE.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Pursuant to LDC Section 8.06.030.1 Powers and Duties, the EAC did not review this petition
because no protected species or wetland impacts were identificd on the site.
NEIGHBORHOOD INFORMATION MEETING (NIM):
(Synopsis provided by Cheri Rollins, Administrative Assistant)
The meeting was duly noticed by the applicant and held on October 27, 2008 at 6:00 p.m, at the
Center Point Community Church. Twelve people from the public attended, as well as the
applicant's team comprised of Doug Lewis from Roetzel & Andress and Matt McLean from
Agnoli, Barber & Brundage.
Mr. Lewis presented an overview of the request to construct a two-story, approximately 34,551
square-foot youth, worship and administration building in the present location of the church's
parsonage. Residents expressed concern regarding the increased tramc the new building would
generate on 63rd Street, as they claimed it was already congested and a new access driveway
from the site would only exacerbate this situation. They also favored the installation of a traffic
signal at the intersection of 66th Street and Golden Gate Parkway (or a right-turn only), and
suggested that a police officer be assigned to direct traffic at the intersection if no signal was
installed. The petitioners explained that the Collier County Transportation Department would
require them to conduct a traffic study to detelwine jf a traffic signal would be necessary at that
intersection.
Several residents expressed concern about drainage issues the project might cause. One owner
claimed that the swales along 66'h Street SW were already not functioning properly (see
Appendix 3); however, in an email to the applicant, the propeliy owner to the immediate east,
who would end up sharing a boundary with the proposed facility if it were approved, statcd that
water from the church site already sheet flows across her yard. Thc petitioners responded by
stating that they would have to work within the South Florida Water Management District
CU.200B.AR.13661
Page 6 of 9
Aaenda Item No. 178
~ March 10, 2009
Page 14 of 54
regulations at the time of site development plan review, but believed that the proposal would
help the overall drainage issues. Mr. McLean added that he would be more than willing to mcct
with homeowners to see what the project might do to ameliorate the area's drainage issues.
Finally, some residents complained that the proposed building was essentially a "commercial
building" that, if approved, would set a precedent for the conversion of their residential
neighborhood into a commercial area. The adjoining property owner to the east made a point to
register her opposition to the project because she did not want a 3D-foot tall "commercial"
structure next to her house. However, the applicant has since informed staff that a subsequent
meeting \.vas held \vith this resident in \.vhich it \.vas revealed that she erroneously believed that
the proposed building would be located along her property's boundary. Now understanding that
the building will be set back 230 feet from the property boundary, she is rcportedly suppOltive of
the project.
The meeting ended at approximately 7:15 p.m.
Staff has received two letters of SUPPOIt fi'om the Golden Gate Area Civic Association and the
Golden Gate Estates Area Civic Association, which have been attached to this report as
Appendices 1 and 2, respectively.
RECOMMENDA nON:
Staff recommends that the CCPC forward Petition CU-2008-AR-13661 to the BZA with a
recommendation of approval subject to the following conditions:
I, The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified
as "Center Point Community Church-Conditional Use Conceptual Site Plan," prepared by
Agnoli, Barber and Brundage, Inc., and dated July 2008, as revised through January 28,
2009. 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. The maximum area of the proposed building shall be limited to 34,551 square-feet.
3. The church shall provide traffic control by law enforccmcnt or a law cnforcement-
approved service provider for Saturday and Sunday peak hour traffic at location( s) to be
dctermincd and to he based on need; subject to the approval of the Collier County
Transportation Administrator or his designee.
4. The southbound left-in at the project's northerly driveway shall be closed during Sunday
and/or Saturday peak-hours to provide adequate vehicular storage capacity for traffic
entering the site fi'om queuing on Golden Gate Boulevard. This shall be accomplished
either by a barricade or by law enforcement or a law enforcement-approved service
provider, as authorized by Collier County,
5. Irrespective of that shown on the Conceptual Site Plan, the property owner shall provide
a five-foot wide pedestrian connection to the site fi'om the existing six-foot sidewalk
along Golden Gate Parkway, with the exaet location to be determined by the County
CU-2008-AR-13661
Page 7 of 9
Agenda Item No. 178
iVlarch 10. 2009
Page 15 of 54
Transportation Plmming Department at the time of Site Development Plan review and
approval, pursuant to the requirements of the LDC.
6. Prior to Site Development Plan approval, a build-in-licu contribution shall be made by
the property owner to the County for the otherwise required sidewalks within the abutting
66th St SW and 63rd Strcet SW rights-of-way.
7. No schools (8211) or daycm-es (8351) shall be permitted on the site, cxccpt those
accessory uses customarily associated with church uses.
ATTACHMENTS:
Exhibit A: Findings of Fact
Appendix 1: Golden Gate Area Civic Association lettcr
Appendix 2: Golden Gate Estates Area Civic Association lcttcr
Appendix 3: Residcnt's cmail regarding stormwater
CU-200B-AR-13661
Page 8 of 9
i\genda item No. 178
r,1alTh 10. 2009
Page 16 of 54
PREPARED BY:
/ Ll-3 J O~l_~
JOHN- VID MOSS, AICP, PRINCIPAL PLANNER DATE ~
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
~ ~;!I} /
(" k :'/?11,::~=- ___ -1 ! () 01
RAY ~BELLOWS,ZONINGMANAGER / ~TE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
x1-A 1 A-k~ Y--h. /-;' te/)~ ~-/ zJp 9
SltsANM-.IsTENES, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~ 7. w ~_____
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
_.2:._:;L..Q'L_.____
DATE
AI}PR~~~~~ :y: ~ ~___
J( S ~PH K. SCHMITT, ADMINISTRATOR
o MUNITY DEVELOPMENT AND
VIRONMENTAL SERVICES DIVISION
..z../;2./o1
. , DATE
Collier County Planning Commission:
.\ 1 I J At--
1/ j I [<<.....L" I ./0./ - C-,j
MARK D. STRAIN, CHAIRMAN
z. -( 'i - () r
____+_d_ ~..
DATE
Tentatively scheduled for the March 10,2009 Board of County Commissioners Meeting
CU-2008-AR-13661
Page 9 of9
Agenda Item No. 178
March 10, 2009
Page 17 of 54
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNlNG COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13661
The following facts are found:
1. Scction 2,03.03.C.5 ofthc Land Development Code authorized the conditional use,
2. Granting the conditional use will not adversely affect the public intcrest and will not
adversely affect other propcrty or uscs in the same district or neighborhood because
of:
A. Consistency with the Land Developmcnt Codc and Growth Management Plan:
Yes No
B. Ingress and egress to propcrty and proposed structures thereon with particular
reference to automoti ve and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adcquatc ingress & egress
Ycs No
C. Affects neighboring properties in relalion (0 noisc, glare, economic or odor
effects:
No aifect or _ Affect mitigated by
~_~ Affect cannot be mitigatcd
D. Compatibility with adjacent properties and othcr properly in tbe district:
Compatible use within district
Yes No
Bascd on the above iindings, this conditional use should, with stipulations, (copy attached) be
recommended fi))' approval to the Board of Zoning Appeals.
DATE:
COMMISSIONER:
Exhibit A
Ag~~.,.@. Itsm-Wo-c-.:i-78
March 10, 2009
Page 18 of 54
~.ol~t1t <Sute Area oriule A1UWirtati.ou
9N13..08
Golden Gate Area civic Association
470 1 Golden gate Parl.-way
Goldell Gate, FL 34116
Re: ABB PN 08-0010
Conditional Use Application for Center Point Community Church
To Whom it may concern:
Please place this letter in the record of the rezoning application referenced above.
Please use this letter to confl11Il that August 25th 2008, the Golden Gate Area Civic Association
Board reviewed details of the plans and voted in favor of supporting this application.
The August 25th GGACA Board Meeting Minutes are posted at the associations web site:
Httpllwww.goldengateisgreat.com. If you have any further questions call me; Rick Sims
GGACA president 2008 ; (CELL 239-494-2228 ).
Sincerely,
~~
Rick Sims, GGACA President 2008
APPENDIX 1
Aqenda Item No. 178
. I~arch 10.2009
Page 19 of 54
Goldcll Gatc Estatcs Arca Civk: Associatioll
P.O. Box 990596
Naples, FL 34116-6002
October 1, 2008
Re.
ABB PN 08-0010
Conditional Use Application for the
Center Point Community Church, 6590 Golden Gate Parkway
To whom it may concern;
Having considered the applkation of the petitioner and the recommendation of the Golden Gate Area
Civic Association, the Officers, Board of Directors, and membership of the Golden Gate Estates Area Civic
Association have voted in September 2008 in !iiVor of supporting this project and application. GGEACA feels
the Center Point Community Church project is a fully compatible use and will be an asset to the community.
Tfadditional information is needed please contact me at the above address or my cell at 239-641-5414,
Sincerely,
Timothy Nance, Pres, GGEACA
APPENDlX 2
APPENDlX 3
AgendaHmre iJJ(I)111B
March 10.2009
Page 20 of 54
From: Steve Gunden [sgunden@comcast.net)
Sent: Tuesday, December 02,20083:00 PM
To: Matt McLean
Co: 'Nick Klein'
Subject: RE: Center Point Community Church Follow-up
Attachments: DSC00097.JPE; DSC00100.JPE; DSC00309.JPE; DSC06932.JPE
Matt, thank you for your reply.
We are painfully aware that the Collier County Stormwater Department is the entity that is responsible for
maintaining the roadside swale. Since the completion of the modifications, we have called them requesting that
the swales be mowed on numerous occasions. Responses have been given indicating that the mowing cycie is
approximately 30 days. Our experience is different from that figure.
I have attached some photos of the before, during and after conditions of my swale. Prior to the modifications, I
was able to mow the entire area with a riding mower. Now you must use a weed eater or some specialized ditch
mowing equipment. Amazingly, because this was a road project, the LDC did not apply. Transportation was
allowed to store and treat stormwater in roadside swales steeper than 4: 1. A significant amount of material was
removed from the swale.
My concern continues to be about safety and maintenance. We pay taxes and assessments for mowing Golden
Gate Parkway but the water quality treatment area is left for the iandowners to maintain. Other roadways in the
county that have water quality treatment areas (Livingston Road is the closest) have lakes and fountains that are
maintained in park-like settings. This design was a mistake, if not illegal, and the ongoing system maintenance
required by the District permit a mess.
Frankly, I would like to find out if the 3:1 side slope was exceeded. As you get closer to the canal and the swale
gets deeper, the numbers have to get close. Ditch maintenance is difficult commencing from my neighbors
directly to the north and continues to the canal. I can meet you most anytime you are avallabie.
We will continue to support the Church in their pursuit of the ccnditional use permit. We do not expect the Church
to "fix" anything that is currently broken, but do not want the existing drainage problem to be exacerbated beyond
the mess that exists today.
Best Regards,
Steve Gunden
From: Matt McLean [mailto:mclean@abblnc.com]
Sent: Tuesday, December 02, 2008 9:07 AM
To: sgunden@comcast.net
Cc: Nick Klein
SUbject: Center Point Community Church Follow-up
Mr. Gunden,
We appreciate your support of the Center Point Community Church development plans.
I wanted to follow-up with you based on your offsite drainage concern identified at the Neighborhood Information
Meeting for the Center Point Community Church Conditional Use Application. Over the past month we have
confirmed that Collier County, specifically the Public Works Stormwater Department, is in fact the Operation and
Maintenance entity for these swales. The contact at the County for such conceinS is Jenny Kander at 252-8924,
I also spoke with one of the field representatives Travis from the County. He indicted that If the swaies have been
1/29/2009
..o.genda!l!\1r6 ~cvf:1B
Marcll10, 2009
Page 21 of 54
blocked or not maintained to call him at the same number. The swales should be constructed with a side 3: 1
side slope and a 1.5 It flat bottom. If the swale in your front yard has slopes steeper, then the County is
responsible for restoring them to them to the approved design.
Please let me know if you wO\lld ilke to meet at your residence to review the swale system from your house to the
canal.
We appreciate your input and look forward to your continued support of the Church.
Matt/Jew 0. McLean. PE
Agnoli. Barber & Brundage, Inc.
7400 Tamiami Trail North. Suite 200
Naples, FL 34108
239-597-3111 ext.262
239-566-2203 fax
http://www.abbinc.com
mciean@abbinc.com
No virus found in this incoming message.
Checked by AVG - http://www.avg.com
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Item Number:
Item Summary:
Meeting Date:
Page 1 of 2
Agenda Item No. 178
March 10, 2009
Pa;Je 22 of 54
COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
178
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members CU-200S-AR-13661. Center Point Community Church. represented
by Matthew McLean. PE.. of AgnaiL Barber and Brundage and Daug Lewis, Esq., of Roelzel
and Andress. is requesting a Conditional Use in the Estates (E) Zoning District for a youth
ministry sanctuary with supporting offices and youth member social activities relating to the
existing religious facility. as specified in Section 2.03.01.8.1 ,c.1 of the Collier County Land
Development Code (LOC). The 4.58-acre subject property is located in Tract 85. Golden
GFlte Estates. Unit 29, in Section 30, Towllship.:19 South, Range 26 East, Collier County,
Florida CTS
3(10(20099:00:00,<l.M
Prepared By
John-David Moss
Community Development &
Environmental Services
Senior Planner
Date
Zoning & Land Development
9/22f2008 9:35:45 AM
Approved By
Judy Puig
Community Dev~lopnlerlt &
Environmental Services
Operations Anal}'st
Date
Community Development &
Environmental Services Admin.
2i23f2Q09 3:31 PM
A pproved By
Steven Williams
Attorney's Office
Assistant County Attorney
Date
Attorney's Office
2/24/200911:09 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
2f24!2009 11:56 AM
Approvcd By
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
2f24/2009 4:27 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & L;:nd Development Review
2:25l2009 1 :47 PM
A ppruvcd By
Jeff Klatzkow
County Atto"ney
Assistant County Attorney
Date
County Attorney Office
2:26,120094:40 PM
Approved B)'
OMS Coordillator
County Manager's Office
OMS Coordinator
Date
Office 01 Management & Budget
2/27/2009 9:4S AM
filp.J(r.\ A npnrl",T...d\ Pvnr...t\ 11 ,_lI.II'l"f'hO/~ '1() 1 11 O/~ 111'1n110\ 17 o/... '111~T 11\111\,1 ^ D VOlA 111 ^ r.r.l\.Jn ^
1/111,(\(10
Page ~ of 2
.t.::.;e:1da Ite:-n ~~o, '178
y r\,~arch 10, 2009
Pa09 :'3 of 54
;\ pprond B),'
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & 3udget
2/27/20095:28 PM
Appro,'cd By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/3/20095:23 PM
filp.//,'.\ ^ w"nrl ,-"T",d\1=' "",-.".t\ 17':::;_T\A'wr-ho,-;" ,n 1 () o/~ ,n')()(IO\ 1 7 o/~ ,n<;;;:l ,l\AI'\l1 A D VO/n ,n A r. h'l\ln A
1.//1nnno
..
Agenda item r-Jo. 17B..
PAarch 10, 2009
Page 2~ of 54
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING 11 LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
2800 NORTH HORSESHOE DRIVE
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 by staff
ABOVE TO BE COMPLETED BY STAFF
APPLICANT INFORMATION
1
NAME OF APPLICANT(S) CENTER POINT COMMUNITY CHURCH
ADDRESS 6590 GOLDEN GATE PARKWAY CITY NAPLES STATE FLZIP 34105
TELEPHONE # 261-7486 CELL # 252-9210 FAX # 261-2434
E.MAIL NICK@CPCCNAPLES,COM
NAME OF AGENT MATIHEW D. MCLEAN, P.E.
FIRM AGNOLl. BARBER & BRUNDAGE
ADDRESS 7400 TAMIAMI TRAIL NORTH CITY NAPLES STATE FL ZIP 34108
TELEPHONE # 597-3111 CELL # FAX # 566-2203
E-MAIL ADDRESSMCLEAN@ABBINC.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE
YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH
THESE REGULATIONS.
APPUCAnON fOR PUBLIC HEARING FOR CONDIrIONAllJSe - 4/1 4/03, rev 5/20/2005, TOI' 2/1 2/0B
l\genda item t'-Jo. 178
March 10, 2009
Page 25 of 54
l
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.collierqo...nelllndex.aspx?pa~e=774
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION: N/A
MAiliNG ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION: NIA
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION: PLEASE SEE ATTACHED ADDRESSES
MAILING ADDRESS
CITY
STATE
ZIP
1-
- -
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
b. If the property is owned by a CORPORATION. list the officers and
stockholders and the percentage of stock owned by each.
APPUCATlON FOR PUBLIC HEARING FOR CONDmONA~ liSf- 4/14/03, rov 5/20/2005, r{tV 2/1 2/0B
Agellda Item No.. 171;L.
March 10. 2009
Page 26 of 54
Name and Addl"ess
Percentage of Ownership
Rob Buckel Chairman, 925 2nd Ave S
Naples, Fl 34102-5941
Jeff Erickson Vice Chairman, 3100 Regatta Rd
Naples, Fl34103-4125
Nick Shaffer Secretary, 324 Selina Dr Apt 8
Naples, FL 34104-5485
** NOTE: Non-Profit Non Stock Corporation
N/A
N/A
N/A
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
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
APPLICATION FOR PUBLIC HfAkfNG FOR CONOITIONAL USf - 4( 14/03, rlW 5/20/2005, rey 2fT '2/08
Displaying ColliBr COlll1ty Association Information
Agenda Item No. 17B
March 10, 2009
Pfi'@I~ ?:''i'i'f 54
SC:ll'l':h the Collier County As~{)elntlnn.; Llsting
GUJjo;j}~~~.d&I.!J1n:A~s_~ill1iml!i~Ji!.Ig.
~_.11,Lfu'.arcl1..fuL<l.rl.lJ1hITJ::Q}lier Coullt~<ltiUIl.
Association Details
Organlmthm Nalll~: Golden Gate Estates ArCIl Civic Astiociation
Type: Civic District: 5
Association
Officer InformAtion: Mr. 'rim Nrmce, President
PO Box 990596
Naples, FL 34116
PbGne: (239}641-5t\14C
F,., (239) 455-5811
Emnl\: ~~fitlhlink~hJjp~9li.carlhlink ncl/l
htlp: // ap1's, colliergov .net/bcc/vci vic/Oi spAssocsDetai Is. cfrn 'II ON br~ I 72
7/23/2008
Displaying Conicr County Association Information
Agenda Item No. 17B
March 10, 2009 ---
P&,gogf e~ pi 54
Sca,'ch the Collier County Associations Ltstlng
h.'fu!;..b~I~J.2-gQJl1J('.I( t~~MSO.R.i.tl.li.mLliMi!!g.
Qi.9kll.!,IJ1L!Q.fu.Hrrll5\N.ltllli!.h,.:r Collier C'(}untv A~~u~iutl~.I1.
AsscciatiQD Details
Orgll"imtion Nlmu~: Golden Gate Arcl1 Civic Association
T)'pe~ Civic DIs.trlct; 0
AssociaUon
Olfice.- (nformatlon: Mr. Rick Simms, Vice Presidont
539119th Place SW
Naples, PL 34116
Plione: 239-455-7062
Fax:
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7/23/2008
Displaying Collier County A,"ocialionlnformaliol1
,\genda Item No. 17B
I~arch 10. 200'9"
Pi!j:,Qg~ Q~ jJf 54
SeBrch the Collic!" COllnty Assuclnilon~ J,istillg
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Pick herefu~LfurJmillller C'91licr C'OUlllv A~~
AssodltLtonDetlli15
Orglllll'lll.t1on Nome: Golrlen Gate Area Civic Association
Type: Civic lllstrkt: 0
Ass[)C.iation
Officer [nformRtlon: Mr. Keilh Denny, President
31534JstSlreetSW
Nllples, FL 34113
Pho\!e: 239-353.7836
Fox:
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7113120'0'8
Agenda item No. ~17B
March 10. 2009
Page 30 of 54
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.
Nama and Address
g. Date subject property acquired [gJ leased 0 Term of lease
If, PetItioner has option to buy, indicate the following:
yrs.lmos.
Date of option:
Date option terminates: or
Anticipated closing date: Febuary, 1989 Parcel 1 I Febuary,1989
Parcel 2 I September, 2000 Parcel 3 as defined under Evaluation
Criteria "a",
APPlICATION FOR PUBLIC HEARING fOR CONDITJONAL USE - 4/14/03, re~ 5/20/2005, rey 2/12JrlB
Agenda Item No. 178_
March 10. 2009
Page 31 of 54
h. Should any changes of ownership or changes in contracts fol' plII'chase
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 !'orm.
L PROPERTY LOCATION
Detailed leqal description of the property covered by the apPlication: (If space is
inadequate, attach on separate page.) If request involves change to more than one
zoning district, include separate legal description for property involved in each
district. Applicant shall submit four (4) copies of a recent survey (completed within
the last six months, maximum 1" to 400' scale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
SectlonlTownship/Range 30/49/26
Lot: Block: Subdivision: Golden Gate Estates
Plat Book 7 Page #: 57 Property 1.0.#: Tract 86, Golden Gate Estates, Unit 29
38108240006, 38108280008, 38108320007
Metes & Bounds Description: See attached survey and property description
SIZE OF PROPERTY: ft. X ft. = Total Sq. Ft 199,504.8 Acres 4.58
ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: Parcel 1: 3020 66th Street
SW, Parcel 2: No address, Parcel 3:3040 66lh Steet SW as defined in Evaiuation Criteria "a".
ADJACENT ZONING AND LAND USE
l
Zoning .
Land use
N ROW
S E
E E
W E(PU)
Golden Gate Parkway
Estates
Estates
Church Use
APPlICATION FOR PUBLIC HEARING fOR CONDrnONA~ USE - 4j14j03, r{lV 5/20j2M5, nil\' 2/1 2j08
..;genda Item r,o. 17B
March "10: 2obt:f.
Page 32 of 54
Does the owner of the subject property own proporty contiguous to the subject
property? If so, give complete legal description of entire contiguous property_ (If
space is inadequate, attach on separate page).
Section/Township/Range 30/49/26
Lot: Block: Subdivision: Golden Gate Estates
Plat Book 7 Page #: 57 Property 1.0.#: 38108200004
Metes & Bounds Description: Tract 85, Golden Gate Estates Unit 29 , Less that portion for
Rrw as Desc, in OR 3210 PG 742, see attached Boundary Survey
L
CONDITIONAL USE REQUEST DETAIL
]
Type of Conditional Use:
This application is requesting a conditional use allowed per LOC Section 2.04.03 of the
Estates zoning district for CU (type of use).
Present Use of the Property: PU (Church Use) for Parcel 1 and Parcel 2 and E/Residential,
with a residence for Parcel 3.
L
EVALUATION CRITERIA
]
Evaluation Criteria: Provide a narrative statement describing this request for conditional
use,
NOTE: Pursuant to Section 10,08.00. of the Collier County Land Development Code, staffs
recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any, have been met, and
that further, satisfactory provision and arrangement have been made concerning the
following matters, where applicable. Please provide detailed response to each of the
criterion listed below. Specify how and why the request is consistent with each.
(Attach additional pages as may be necessary).
a. Describe how the' project is consistent with the Collier County Land Development Code
and Growth Management Plan (include information on how the request is consistent with
the applicable section or portions of the future land use element):
The Project is comprised of the following three (3) parcels as more particularly described
In the Property Location section of this Application (Note: Parcel No. 3810820004
containing approximately 4,63 acres +/- and which abutts the Project to the West is
currently zoned Provisional Use for church use under Ordinance PU-77-3C and does not
need to be included in this CU Application, as confirmed at the pre-appiication meeting,):
AN'UCATION FOR PUBLIC I-IfARlh'GFOR CONDITIONAL USE" - 4/14/03, rav 5/20/2005, fBV 2/i2108
ACl,::nda Item t\1o. 178
- March 10.2009-
?age 33 of 54
Pal-eel No, 38108240006 containing approximately 1.04 acres +/- ("Parcel 1"), Parcel No.
38108280008 containing approximately 1.04 acres +/- ("Parcel 2"), and Parcel
No,38108320007 containing approximately 2.5 acres +/- ("Parcel 3"). Parcel 1 and
Parcel 2 are zoned Provisional Use for church use under PU 90-20 adopted under
Resolution 91-111 and are incuded in this Application as such Provisional Use approval
contained a condition that all future expansions to the Provisional Use require the
submission of a new Provisional Use request. Parcel 3 is zoned Estates District, and
Parcel 1 and Parcel 2 are also within the Estates District. Churches and places of
worship (SIC code 8661) are listed in the current Collier County Land Development Code
-- Table 2 (e.g. Land Uses that May be Allowable in Each Zoning District as Accessory
Uses or Conditional Uses) as a Conditional Use for lands zoned Estates District. The
North 330 feet of Parcel 1, Parcel 2 and Parcel 3 are also subject to the Corridor
Management Overlay District. However, such overlay district does not prohibit church
use or Conditional Use approval of Parcel 1, Parcel 2, and/or Parcel 3. In consideration
of the improvements associated with the interchange at 1-75 and Golden Gate Parkway,
the Golden Gate Parkway and Collier Boulevard Special Provisions under the Conditional
Uses Subdistrict of the Golden Gate Area Master Plan (GGAMP) contemplate and
expressly permit the existing conditional use (Grace Bible Church n/kla Center Point
Community Church and related facilities) to be expanded in acreage and intensity along
the south side of Golden Gate Parkway to the east of 66th Street S,W,
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 Project currently maintains two access points off of 66th Street SW for both
ingress/egress that connect to Golden Gate Parkway. There is a pedestrian sidewalk that
fronts the northern property boundary along Golden Gate Parkway. The property
provides vehicular access completely around the centralized church use facility for
increased internal.abllity of traffic flow and control. At the time of original development,
63rd street did not exist. Now that access is available along 63rd street, the applicant
has proposed an additional access point along 63rd street to further improve
ingressiegress. Pedestrian improvements per LDC requirements will also be included in
future development plans for the property.
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor:
APPUCAlION FOR PU8ue HEARING fOR CONDITIONAL USE - 4/1-1/03, reI' 5/20/2005, rev 2/12/0B
Agenda Item No. 178
March 10. 2009 .
Page 34 of 54
rhe church has existed in this location for over 30 years, and no operational changes will
result from this conditional use application. There will be no new noise, glare, economic
impact, or odor on neighboring properties due to this Application. Careful attention and
thought was given to the location of the proposed building. It is the intent of the applicant
to centralize the proposed building within the site to provide the maximium distance
between the proposed structure in relation to its offsite neighbors.
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district:
Golden Gate Parkway is adjacent to and North of Parcel 1, Parcel 2, and Parcel 3. The
parcel adjacent to and West of Parcel 1 : (i) fronts 66th Street SW, (ii) is zoned Provisional
Use for a church use, (iii) is owned by the Applicant; and (iv) will be incuded as part the
Applicant's Site Development Plan, 63rd Street SW is adjacent to and South of Parcel 1,
Parcel 2, and Parcel 3. The neighboring properties in this district are primarily residential
uses, A church use has exisited in this neighborhood for over thirty years, and provides a
place of worship for local residents. The proposed development will improve the
pedestrian traffic in the area by providing a sidewalk along the 63rd street frontage, 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.
Center Point Community Church has been part of this neighborhood for over 30 years.
There will be no major changes on the site that will adversely impact the surrounding
neighborhood, and will not materially change the daily function of the church.
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?
Yes, on July 22, 2008 the BCC approved through Consent Agenda Item 16 A.17:
"Recommendation to the Board of County Commissioners to direct staff to add to the
existing GMP amendment petition CPSP-2006-13 the revs ion of an acreage figure in the
Golden Gate Area Master Plan pertaining to the Center Point Church Conditional Use,
and text recognizing two existing exceptions to Conditional Use locational restrictions.
.-
Additional Submittal reaulrements: In addition to this completed application, the following
must be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a, A copy of the pre-application meeting notes;
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL VSE- <4/1 4/03, re-v 5/20/2005, NIl' 2/12/08
Agenda Itemr"o. 17B
March 10, 2o'J9
Page 35 of 54
b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8y," x 11" copy
of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following
[Additional copies of the plan may be requested upon completion of staff evaluation for
distribution to the Board and various advisory boards such as the Environmental Advisory
Board (EAS), or CCPC];
. all existing and proposed structures and the dimensions thereof,
. provisions for existing and/or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matrix
Indicating required and provided parking and loading, including required
parking for the disabled],
. locations of solid waste (refuse) containers and service function areas,
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to
the site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
. location of all signs and lighting including a narrative statement as to the type,
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 aerial shall identify plant and/or wildlife habitats and their boundaries,
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System,
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. A historical and archeological surveyor waiver application if property is located witl1in an
area of historical or archaeological probability (as identified at pre-application meeting);
h. Any additional requirements as may be applicabie to specific conditional uses and
Identified during the pre-application meeting, including but not limited to any required
state or federal permits.
II
~I
APPLICATION FOR PU8L1C HEARING FOR CONDITIONAl USE - 4/J 4/03, ~e\' 5/20/2005, rtJv 2/' '2/08
l\genda Item No. 17B
March 10. 2009
Page 36 of 54
~="=>:::.......<;g';'="_.1l.;;;.;~~"g~;~"~~_:r;KE';:(nP":"':::::::::::'::""""-"='""'~'~~"",",""",'. _::0..
APPUCATlON FOR PUB[/C HEARJNG fOR CONDITrONAL USE - 4/) 4/03, rav 5}20/2005, rev 1/12/08
AClenda Item No. 178
~ rv1arch 10,2009
Page 37 of 54
February 10, 2009
Collier COUllty l3ol.L1'd of County Commissioners
3301 E. Tamiami Trail
Naples; FL34112
.RE: Center Point Community Chur~h Conditional tJscAg'plic~tion CtJ-AR#13661
No Objection Letter from Mr. Fred Krauss (JIll 66 St SW)
Dear CountY Commissioners:
In <:onnectiog with t.Qe abpve referenced Conditional Use Application to be considered by
botll the Collier County Planning Commission and tbe Board of Courtty Comssioners, this
letter shall 'confun:\ that we have no objection to the proposed Conditi6nal Use Applicatioll and
expansion of the existing church facHities. We have attended the local Neighborhood
Infpntllltkillal Meeting ror this Conditional Use Application, and we appreciate the cooperation
of the applicant in disCllssing with Us and addressing. our concerns with respect to the
Conditional Use Application. This leltershall constitute an expression of our full.support fur the
Conditional Use Application.
Should ypu have any questions Wha1:s0ever with respect to this Letter of No Objection,
pl~sedo noth~itate to contact me at the below listed telephone number.
Very tntl}' yours,
Icf~f~
Photie #239-262.8391
co: Mr. Matt McLeau (Via eJl;)ail)
Mt, Nick Klein (via emuil)
/\aenda Item No. 178
- March 10.2009'
Page 38 of 54
RESOLUTION NO, 09-
A RESOLUTION OF TIIE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR TIlE
ESTABLISHMENT OF A CONDmONAL USE TO ALLOW A
yourn MINISTRY SANC1UARY WITH SUPPORTING OFFICES
AND yourn MEMBER SOCIAL ACTIVITIES RELATING TO TIIE
EXISTING RELIGIOUS FACILITY WITHIN TIlE ESTATES (E)
ZONING DISTRlcr PURSUANT TO SUBSECTION 2.03.0I.B.I.C
OF 1m: COLLIER COlJN1,. LAND DEVELOPMENt CODE FOR
PROPERTY LOCATED IN SECTION 30, TOWNSHIP 49 sourn,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Co1lier 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 purswmt thereto has adopted a Land Development Code (Ordinance No.
2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of a Conditional Use of a youth member
sanctuary with supporting offices and youth member social activities related to the existing religious
facility within the Estates (E) Zoning District pursuant to Subsection 2.03.01.B.1.c of the Collier County
Land Development Code on the property hereinafter described, and the Collier County Planning
Commission has made fmdings as described in Exhibit "An that the granting of the Conditional Use will
not adversely affect the public interest and the specific requirements governing the Conditional Use have
been met and that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and In accordance with Subsection 10.08.00.0. of the Land
Development Code; and
100
Agenda Item No. 178
March 10. 2009
Page 39 'Of 54
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-2009-AR-1366l filed by Matthew McLean of Agnoli Barber and
Brundage, Inc., representing Center Point Conununity Church of Naples, Inc, with respect to the property
hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a
youth ministry sanctuary with supporting offices and youth ministry social activities related to the
existing religious facility within the Estates (E) Zoning District pursuant to Subsection 2.03.01.B.1.c of
the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in
Exhibit "C" and subject to the conditions found in Exhibit "0". Exhibits "B", "C" and "0" are attacbed
hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this _ day of
,2009.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, Chairman
Approved as to form
and legal sufficiency:
~'
. V .
1l- 7W~
Steven T. Williams
Assistant County Attorney
20f3
Aoenda Item No 173
'" 1\..1arch 10. "2009
Paqe 40 of 54
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13661
The following facts are found:
1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use.
2. Grnnting 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 bec!U.\Se
of:
A. Consistency with the Land Development Code and Growth Management Plan:
/
Yes r/ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes......':- No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
(' ' I'
No affect or ~Affectmitigatedby LiH ,?,bv\~d.",-<, -~. l,,~% J.
_ Affect cannot be mitigated ';>v H" \.? 1 h >,: 'I. i' I uJ' J.' l \ i-c,
(. P I'\'l'~ N :J
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to t.1.C Board of Zoning Appeals.
DATE: 2 - 1(1 - 0 i
) Ii
COMMISSIONER: ~ l., t.t ( j \' ~ i.........,
Exhibit A
.Agenda Item No. 178
P~arch 10, 2009
Page 41 of 54
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13661
The following facts are found:
I. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of;
A. Consistency with the Land Development Code and Growth Management Plan:
Yes~ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes ~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects :
_ No affect or L Affect mitigated by &trrE1!-l t\Jf1.
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes .; No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
)//'1/09
/ I
COMMISSIONER: f/f-n'1t1--. Ie /1/ ( ~~..
Exhibit A
t"\oenda Item hJo. 17B
~ March 10, 2009
Page 42 of 54
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13661
The following facts are found:
I. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency ~and Development Code and Growth Management Plan:
Yes_ No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingressY~gress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects/'
~No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district;
Compatible us7ri district
Yes_ No
DATE: '? - ;q ~ 0 7
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
COMMISSIONER: {..~(
Exhibit A
.:;qsnda Item No. 178
~ fv1arch 10.2009
Page 43 of 54
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13661
The following facts are found:
I. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes~ No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
..JL No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: .c./f'. t>1
COMMISSIONER:
%~
Exhibit A
Agenda Item No. 17B
March 10, 2009
Page 44 of 54
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13661
The following facts are found:
1. Section 2.03.03.C.S of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes~ No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
j No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No_
Based on the above findings, this conditional use should, 'th stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appe s.
DATE: Zll11
COMMISSIONER:
[l)1l:O ~If'-~
Exhibit A
P.q2nda Item No. 1-rB
- f,1arch 10. 2009
Page 45 of 54
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13661
The following facts are found:
I. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes~ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes1 No~
C. Affects neighboring properties in relation to noise, glare, economic or odor
e~:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible ~Tilijn district
Yes No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:.djLqjffL
COMMISSIONER: /~9/Ju,(dt
Exhibit A
,;genda Item No. 178
f\1arch ~I 0, 2009
Page 46 Df 54
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13661
The following facts are found:
1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use.
2. Gnmting the conditional use win not adversely affect the public interest and win not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes v<
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 ~
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects :
~ect or _ Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~o_
Based on the .above fmdings, this conditional use should, with stipulatj>ns, (copy attached) be
recommended for approval to ihe Board of Zoning Appeals.
DATE:
COMMISSIONER: f
Exhibit A
A;;8iKia Item r'~o. 178
f\!;arch 10, 2009
Page 47 of 54
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13661
The following facts are found:
1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency 1 the Land Development Code and Growth Management Plan:
Yes No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingr7s & egress
Yes_ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effec,:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use wiyun district
Yes --JI No_
Based on the above findings, this conditional use shoul
re.commended fo approval to the Board of Zoping App a
COMMISSIONER:
/
stipulations, (copy attached) be
DATE:
Exhibit A
Aoenda Item No. 178
~ March, 0, 2009
Page ~8 of 54
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13661
The following facts are found:
1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ,/ No
B. Ingress and egress to property and proposed structures thereon with particuJar
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingr~SS 7ess
Yes p/' No
- -
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use wi~ district
YesL No_
Based on the above fmdings, this conditional use shouJd, with stipulations, (copy atta.ch6d) be
recommended for approval to the Board of Zoning Appeals. ~ ... ?
DATE: -2f/ ~ (J r
COMMISSIONER:
/) ',.L
,t.< rf ',.! U?z
)..
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.';oenda Item No. 178
~ March 10, 2009
Page 53 of 54
EXHffilT D
CONDITIONS OF APPROVAL
CU.2008-AR.13661
February 19,2009
I. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "Center Point Community Church-Conditional Use Conceptual Site
Plan," prepared by Agnoli, Barber and Brundage, Tnc., and dated July 2008, as
revised through January 28, 2009. 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. The maximum area of the proposed building shall be limited to 34,551 square-feet of
floor area, as defined in LDC Section 1.08.02.
3. The church shall provide traffic control by law enforcement or a law enforcement-
approved service provider for Saturday and/or Sunday, as applicable, peak hour
traffic, at location(s) to be detennined by the law enforcement or law enforcement-
approved service provider
4. The southbound left-in at the project's northerly driveway may be elosed during
Sunday and/or Saturday peak-hours, as deemed necessary by law enforcement or the
law enforcement-approved service provider, to maintain efficient vehicular traffic
flow on public roadways. This shall be accomplished either by a barricade or by the
law enforcement or law enforcement-approved service provider, as authorized by
Collier County.
5. Irrespective of that shown on the Conceptual Site Plan, the property owner shall
provide a five-foot wide pedestrian connection to the site from the existing six-foot
sidewalk along Golden Gate Parkway, with the exact location to be detennined by the
County Transportation Planning Oepartment at the time of Site Development Plan
(SOP) review and approval, pursuant to the requirements of the LOC.
6. Prior to SOP approval, a build-in-lieu contribution shall be made by the property
owner to the County for the otherwise required sidewalks within the abutting 66th
Street SW and 63rd Street SW rights-of-way.
7. No schools (8211) or daycares (8351) shall be pennitted on the site, except those
accessory uses customarily associated with church uses.
Agenda Item No. 17B
March W. 2009
Page 54 of 54
8. Any SDP for the site submitted to Collier County for review and approval shall be a
unified plan that includes the Center Point Community Church site, previously
approved by PU 77-3-C.
9. In lieu of a masonry wall or fence, an enhanced Type B buffer shall be provided,
which shall consist of an alternating double hedgerow instead of a single hedgerow.