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Agenda 07/28/2009 Item #17GAge ;1da Item No. 17G Ady 28, 2009 Page 1 of 42 EXECUTIVE SUMMARY CU- 2008 -AR- 13679, Edward Larson of Messiah Lutheran Church Inc., represented by Dwight Nadeau of RWA, Inc., is requesting a Conditional Use in the Estates (E) Zoning District to expand an existing church pursuant to Subsection 2.03.01.B.I.c.1 of the Land Development Code. The 5.15 -acre subject property is located at 5800 Golden Gate Parkway in Section 29, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above - referenced application for a Conditional Use of the Estates (E) Zoning District, as specified in Subsection 2.03.0l.B.I.c.1 of the Collier County Land Development Code (LDC), in order to expand an existing church; and to insure that the community's interests are maintained. CONSIDERATIONS: Messiah Lutheran Church is an existing house of worship that was granted a Provisional Use (now called "Conditional Use ") in 1976. Upon approval of Petition PU- 76 -4 -C, two buildings were constructed that afforded approximately 8,648 square feet of area and a ^' seating capacity of 80 congregants for the church facility. With the subject Conditional Use petition, the applicants are requesting an additional 24,234 square feet of floor area for church uses, resulting in a total of four buildings on the site, which would expand the chapel's seating capacity to 300. As shown on the Conceptual Site Plan attached to the staff report, entitled, "Messiah Lutheran Church Conditional Use Conceptual Site Plan," prepared by RWA, Inc., and dated July 2008, vehicular access to the site would be provided from two existing access points on the church site's 58`r` Street SW frontage, which forms its eastern boundary. (Pedestrian access, although not depicted, would be required at the time of site development plan [SDP] approval in the form of a pathway connected to a six -foot wide sidewalk paralleling 58`' Street SW.) The proposed chapel addition is located along (lie site's northern boundary, set back 75 feet from its pre - taking Golden Gate Parkway frontage. The remaining square- footage expansions would take place in two other buildings aligned south of the new chapel, set back a minimum of 38.8 feet from the site's western property boundary. The minimum setbacks for these new structures from 58`h Street SW, another front vard, would be 110 feet. Each of these proposed setbacks would either meet or exceed tile standards for the E Zoning District, which require 75 -foot and 30 -foot setbacks, respectively. The front yard (the only affected yard) further conforms to the Corridor Management Overlay (CMO) requirement for 75400t setbacks in the E Zoning District. Ali of the structures are proposed .-- to be one - story, with a maximum zoned height of 30 feet, as prescribed by the E Zoning District. However, if any building heights were to exceed one story, the front yard setback CU- 2008 -AR -13679 Page I of 5 of of 75 feet would be increased by 25 feet for each additional floor, or the building would be stepped back to provide a vertical slope of two to one, as required by the CMO. Vehicular parking would be provided in an existing asphalt lot adjacent to Golden Gate Parkway; in 15 proposed asphalt spaces perpendicular to 58t11 Street SW; and in a grass parking lot south of the site's proposed southernmost building. As a result, the site would provide the 129 minimum required parking spaces, including six handicapped spaces, plus an additional two loading spaces. To buffer and screen the facility from a single- family home to the south, a six -foot tall masonry wall is proposed in front of a 0.79 -acre native preserve, which would be enhanced, if necessary, to satisfy the Type B buffering requirement. Along the site's western boundary, adjacent to a school, a required 10 -foot Type A buffer would be provided. The remaining perimeter landscaping, abutting the site's rights -of -way frontages, would be comprised of Type D buffers 20 feet in width along Golden Gate Parkway and 10 feet in width along 58`h Street SW. Because the existing parking lot in the northeastern corner of the property prevents the continuation of these buffers in this area, the southernmost portion of the buffer width along 58th Street SW would be increased to 20 feet and planted with compensating material, as approved by the County Landscape Architect. 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 development 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 estiniated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of cacti final local development order. Other Gees collected before the issuance of a building penrilt include building permit review fees. It should be noted that the inclusion of impact fees and collected taxes are for informational purposes only, and thcy 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 property, as identified on the Future Land Use Map of the Golden Gate .lea Master Plan (GGAMP), is within the Estates — Mixed CU- 2008 -AR -13679 Page 2 of 5 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 Uses on Golden Gate Parkway. This petition seeks to expand the church with no change in legal description. Though this site does not comply with the locational restrictions, it was already approved for, and developed with, a church use when the GMP was adopted in 1989 and is, therefore, deemed an "improved property." Pursuant to Policy 5.9 of the Future Land Use Element and consistent application of this policy since GMP adoption, the site may be redeveloped or further developed with the existing use as long as such redevelopment or development occurs on the same site (i.e. no additional '.and is added and such development is within the same legal description as the existing Conditional Use). Please see the attached Staff Report for a complete explanation of GMP consistency. Transportation Element (TE): Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has detennined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the GMP. Golden Gate Parkway Impacts: The first coneurrency link that is impacted by this project is link 21, Golden Gate Parkway, between I -75 and Santa Barbara Boulevard. The project generates 18 PM peak hour, peak direction trips, which represents a 0.5 percent impact on Golden Gate Parkway. This segment of Golden Gate Parkway currently has a remaining capacity of 1,507 trips and is currently at LOS "C" as reflected by the 2008 AUIR No subsequent links beyond this segment of Golden Gate Parkway are significantly impacted, thus no further analysis was required for PM Peak Hour impacts. Based on the above analysis, staff concludes the proposed Conditional Use may be deemed consistent with the FLUE of the GMP. AFFORDABLE IfOUSING IMPACT: Approval of this Conditional Use would have no affordable housing impact. ENVIRONMENTAL ISSUES: The Environmental Services Department has reviewed this petition and has recommended approval. ENVIRONMENTAL ADVISORY COUNCIL (EAQ RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powcrs and Davies, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. However, the Environmental Services Department has reviewed this petition and has found CU- 2008 -AR -13679 Page 3 of 5 R r 4G no environmental issues associated with it. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their May 7, 2009 meeting. As noted in the attached application, the applicants had originally made two other requests part of their Conditional Use for the church expansion: 1) the addition of a child care center use, which would accommodate a state - funded, pre - kindergarten scholastic (e.g. "head- start ") program on weekdays and; 2) a deviation from the height restrictions for signage on the site, pursuant to LDC 4.02.24, Corridor Alanavement Overlay District (010)-, 73eria_1 R,-� 1 lrrtiO?? for. Properties Abutting Golden Gate Parki+cry ll'est of Santa Barbara Boulevard which requires property identification signs to be no higher than four feet. However, because staff recommended denial of these requests for their failure to comply, respectively, with the GMP and LDC, the applicant withdrew both of these requests at the CCPC hearing. Consequently, the CCPC voted 9 -0 to forward the Conditional Use request for the church expansion only 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 "Messiah Lutheran Church Conditional Use Conceptual Site Plan," prepared by RWA, Inc., and dated July 2008. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. Supplemental native plantings in all three strata shall be added to preserve areas where the removal of non - native and /or nuisance vegctation creates open areas with little or no native vegetation coverage. 3. The maximum area of the buildings on the site at build -out shall be limited to 65,569 square -feet. 4. If building height exceeds one story, the front yard setback of 75 feet shall be increased by 25 feet for the additional floor: or the building shall be stepped back to provide a vertical slope of n o to one. 5. r -espective 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 determined by the County Transportation Planning Department at the time of Site Development Plan review and approval, pursuant to the requirements of the LDC. 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. CU- 2008 -AR -13679 Page 4 of 5 LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use authorizing a Church in the Estates (E) zoning district. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. Decisions regarding conditional uses are quasi - judicial. As such this item requires ex pane disclosure, and all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights -of -way, schools, parks, and other public facilities be set aside, improved, and /or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution, with approval of the conditional use requiring four affirmative votes of the Board (supenrrajority vote). The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient Ror Board action. (STW) RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve petition CU- 2008 -AR- 13679, 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 R Land Development. Review CU- 2008 -AR -13679 Page 5 of 5 Noe I of -1 Item No, 1-73 Pa3e 6 0� 421 COLLIER COUNTY BOARD OF COUNTY COMWS'SIONERS Item Number: 17G Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members "U-2008-AR-13679, Edward Larson of Messiah Lutheran Church Inc., represented by Dwight Nadeau of RVVA, Inc,, is requesting a Conditional Use in the Estates (E) Zoning District to expand an existing church pursuant to Subsection 2.03 01.BA.cA of the Land Development Code. The 5.15-acre subject property is located at 5800 Golden Gate Parkway in Section 29. Township 4-'_' South Range 26 East, Collier County, Florida. CTS Meeting Date: 7/281'2009 9:010:00 AM Prepared By John-David Moss Senior Planner Date Community Development & Zoning & Land Development 7/1,12009 11:18:12 AM Environmental Services Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 712/2009 1:45 PrV1 Approved By Ray Bellows Chief Planner Date Commu-i-V Environmental Services Zoning Land Development Re ,ew 716120D S 12:44 Prk4 Approved By steven'Williarts Assistant County Atior• ley Date Attorney's Office Attorney's Office 7/7,T079 11:22 AM Approved By Jeff Kiatzkow County Attorney Date County ounty Attomey Cc;untv Attarnoy Offi e 7/7"2,129 11:42 AM Approved By S U & 2-n 1 s t e in, e s. A I C P Px Lard Dirc-_'.or Lute _ornmun�ty DC ;Pm2r;t 7C11 jF-jq &. Land Ds, veic;)ment Revi,ve r 13.12DO9 9:31 AM ti. 1s e1:;i.1iSc:t4crR .rw.ciGe3 Approved By r' 0i'q;-nU;)i'y DCV�_iCprnelt Joseph K� Schn.itt Date Acmi!-stra!3ir C3,ntnuniity Deveh:qxnent & �rwiraY., rental Services Er-'Vi: onm.&ntai Service:. Afjtriiti. Approved By OW,E? Coo-dinator Or,":F' Cciinat�r Date County P,.Ianpier's Office Office of Management � Sudoct 7M 4120,0P 11 24 AM Approved By 1cacksion 3u'-�'et _'nzatyst Date file.-11C-\A cTe.ndqTe.-,t\Fxnort\ I ')I- 1i dvo/n?l 0/.?O')009\ 17 0/0(11�1 MMAR V9400ACiFN DA\ 7/?*?/?OOC) P a'- c2 o{2 Ju!y 7«42y9 1 :11 ApproNed 13,, L--l-c, E '-±s, jr. DePuty Counq fil,anag-r Date Board o' County noLinty Manager's Office 711«»3 3 6 : 5 4 P Ill Commissioners A � 00MOC)\1 7 O/W)0q MM A RVO/W)O A CiFND A\ 7999 OOC) .ce -ida i e-r Ito. 7r j-_Ov _8. 2099 n.'., (� i" f$li� U 0C .y4 Co re-� Co-�t�tty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: El ART Vi)✓1vT ki ZvNING A1VD LAivD DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: MAY 7, 2009 SUBJECT: PETITION CU- 2008 -AR- 13679, MESSIAH LUTHERAN CHURCH PROPERTY OWNER/AGENT: Owner: Edward Larson Messiah Lutheran Church, Inc. 5800 Golden Gate Parkway Agent: Dwight Nadeau RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34116 Naples, FL 34109 RE, OUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a Conditional Use of the Estates (E) Zoning District, as specified in Subsection 2.03.0I.B. I.c. I of the Collier County Land Development Code (LDC), to expand an existing church and add an accessory child day care center. GEOGRAPHIC LOCATION: The 5.15 -acre sub t.ect property is located at 5800 Golden Gate Parkway (CR 886), between 59t" Street SW and 60` Street SW, in Section 29, Township 49 South, Range 26 East, Collier County, Florida (see the location snap on the_followingpage). PURPOSE /DESCRIPTION OF PROJECT: Messiah Lutheran Church is an existing house of worship that was granted Provisional Use (now called "Conditional Use ") in 1976. With the approval of Petition PU- 76 -4 -C, two buildings were subsequently constructed which afforded approximately 8,648 square feet of area for the church facility, with a seating capacity of 80 parishioners. With the subject Conditional Use petition, the applicants are now requesting the addition of a child care center use, which would accommodate a state - funded, pre - kindergarten scholastic (e.g. "head- start") program on weekdays. They are also proposing an additional 24,234 square feet of floor area for church uses, resulting in a total CU- 2008 -AR -13679 Page 1 of 9 April 15, 2009 a, - . of four buildings on the site, which would expand the chapel's seating capacity to 300 parishioners. As part of the Conditional Use process, the applicants would also like to request a deviation from the height restrictions for signage on the site, which is subject to LDC 4.02 24, Corridor .Ilana(, enient Overlav District Regulations for Propei °ties _Abetting Golden Gate Parke °av West cif Santa Barbara Boulevard, requiring property identification signs to be no higher than four feet. The applicants contend that such a request may be made as legitimate part of the Conditional Use process, pursuant to LDC 5.06.03.A.7.d, which states, "The Board of County Conunissioners may approve additional signage as may be deemed appropriate during the conditional use approval process." However, it is staff's opinion that the applicants' justif cation is not applicable to the subiect proposal since the request is not for `'additional conforming signage" but rather a Variance from the four -foot height limitation required by the Golden Gate Parkway CMO district to allow a proposed eight -foot tall non- conforming sign. As such, staff has advised the applicants to pursue a Sign Variance, and is recommending denial of this height variance request as part of this Conditional Use application. As shown on the Conceptual Site Plan on the preceding page, entitled, "Messiah Lutheran Church Conditional Use Conceptual Site Plan," prepared by RWA, Inc., and dated July 2008, vehicular access to the site would be provided from two existing access points on the church site's 58 "' Street SW frontage, which forms its eastern boundary. (Pedestrian access, although not depicted, would be required at the time of site development plan [SDP] approval in the form of a pathway connected to a six-foot wide sidewalk paralleling 58th Street SW.) The proposed chapel addition is located along the site's northern boundar- y, set back 75 feet from its pre - taking Golden Gate Parkway frontage. The remaining square - footage expansions would take place in two other buildings aligned south of the new chapel, set back a minimum of 38.8 feet from the site's western property boundary. The mimmun] setbacks for these new structures from _581h Street SW, another front yard, would be 110 feet. Each of these proposed setbacks would elfher mect or exceed the standards for' the E Zoning District, which require 7J -foot and 30 -foot setbacks, respectively. The front yard (the only affected yard) further conforms to the CM0 requirement for 75 -foot setbacks in the L Zoning District. All of the structures are proposed to be one - story. with a rflaxirnum zoned Height of 30 feet. as prescribed by the E Zoning District. However, if any buildin hoiuhts were to exceed one story. the front yard setback of 75 feet would be increased by 25 feet for each additional floor, or the building would be stepped back to provide a vertical slope of to one, as required by the CIAO .'e1]lcular pa'ikrrig t -dGUid 1— e __ rGVrded ii, ail Cxistii] a l:,iraiL iGI adjaicriL t0 GOidei] Gatc f— Y, 'ay; in 15 proposed asphalt spaces perpendicular to 58°' Street SW. and in a grass parking lot south of the site's proposed southernmost building. As a result, the site would provide the 129 minimum required parkin; spaces, including six handicapped spaces, plus an additional two loading spaces. To buffer and screen the facility from a single - family home to the south, a six -foot tall masonry wall is proposed in front of a 0.79 -acre native preserve, which would be enhanced, if necessary, to satlsi v the Tore B buf cring requircincnt. Along the site's western boundary, adjacent to a school, a required 10 -1`6ot Type A buffer would be provided. The remaining perimeter landscaping, abutting the site f s rights -o way frontages, would be comprised of f'ype D buffers, 20 feet iii ",,Idtn along Golden Gate Parkway and 10 feet in width along 58t" Street SW. Because Me cxr>ilii" pair,I C, ,OI Iii Line "'i— GIL c)Lc,it L0111Lr Vi LIA:: p1k)IJUrty prevelnLS Llle continuatloIi of CU- 2008 -AR -13679 Page 2 of 9 April 15. 2009 Agenda I'Lem No. 7 July 28, 2009 Pale 10 of" 2 these buffers in this area of the site, the southernmost portion of the buffer width along 58`h Street SW would be increased to 20 feet and planted with compensating material, as approved by the County Landscape Architect. Aerial View of the Site SURROUNDING LAND USE & ZONING: North: Golden Gate Parkway, then a single- family home and a vacant lot within the E Zoning District East: 58`h Street SW, then a single- family home within the E Zoning District South: Single - family home within the E Zoning District West: Handicap school within the E Zoning District GROWTH vIANAGEidIENT 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 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 CU- 2008 -AR -13679 Page 3 of 9 April 15, 2009 21 D Estates, including Conditional Uses on Golden Gate Parkway. The relevant portions of that provision are below: • Recognizing the existing residential nature o 'the land uses surrounding the 1 -75 interchange at Golden Gate Parlavav, there shall be no further conditional uses for properties abutting Golden Gate Parkvvay. between Livingston Road and Santa Barbara Boulevard, except as permitted within the Golden Gate Parkway Institutional Subdistrict; and, except as Provided in subparagraph 1., below; and, excepi.for essential services, as described in paragraph a), above. • 17'117-ther, no properties abutting sirceis accessing Golden Gate Parlwuv, berviven Livingston Road and Santa Barbara R!mici,ara, .Shah he approved .for con&tIonat aces except as Perrnitted ivithin the Golden Gate Parinva.1, Institutional Subdistrict; and, except as provided in subparagraph 1., below; and. except for essential services. as described in paragraph a), above. The subject property is zoned Estates and is partially located within the CMO. The site has an approved Provisional Use permitting churches and places of worship, and a church is currently operating on the subject property. This petition seeks to expand the church and add a day care center on the same property, with no change in legal description. Though this site does not comply with the locational restrictions above. it was already approved for, and developed with, a church use when the GMP was adopted in 1939 and is, therefore, deemed an "improved property." Pursuant to Policy 5.9 of the Future Land Use Element and consistent application of this policy since GMP adoption, the site may be redeveloped or further developed ivith the existing use as long as such redevelopment or development occurs on the same site (i.e. no additional land is added and such development is within the same legal description as the existing Conditional Use). However. because the proposed Conditional Use for the child day care center is not an accessorvrelated use of the existing church facility use. it would not be deemed consistent with i 011ey 5.9, FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses as set forth in the LDC. It is the responsibility of the Zoning and Land Development Review staff as part of their review of the petition in its entirety to perform the compatibility analysis. In order to promote "smart growth" policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects. where applicable. Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except ,vhcre no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Staff'Comment: As depicted on the conceptual site plan, the project has access onto Golden Gate Park}vay .throu,gh access points off'SBth Strect Sly'.) Policy 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. (Staff CU- 2008 -AR -13679 Page 4 of 9 April 15. 2009 i �B TI X10. i o jU!y ='8, 20-j9 Page , / of 42 zi Comment: As depicted on the Conceptual Site Plan, the project maintains two access points off of 58th Street S. W./or both ingress/egress that connect to Golden Gate Parkway. No internal roads are proposed and both the small size of the site and type of project make a loop road infeasible.) Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. (Staff Comment: The property to the south is zoned E and developed with a single family dwelling. The parcel to the west is zoned E with a developed provisional use; and to the north and east are streets. Therefore, connection to adjacent parcels is not feasible.) Policy 7.4 The County shall encourage 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 on the Conceptual Site Plan, sidewalks have been located throughout the project to safely allow pedestrians to walk inside the development.) Based upon the above analysis, staff concludes that the proposed Conditional Use for a child care facility may not be deemed consistent with the GGAMP. However, staff concludes that the church expansion would be consistent. Transportation Element (TE): Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has deterinined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject ID application can be deemed consistent with Policy 5.1 of the Transportation Element of the GMP. Golden Gate Parkway Impacts: The first concurreney link that is impacted by this project is link 21, Golden Gate Parkway, between 1 -75 and Santa Barbara Boulevard. The project generates 18 PM peak hour, peak direction trips, which represents a 0.5 percent impact on Golden Gate Parkway. This segment of Golden Gate Parkway currently has a remaining capacity of 1,507 trips and is currently at LOS "C" as reflected by the 2008 AUIR. No subsequent links beyond this segment of Golden Gate Parkway are significantly impacted, thus no further analysis was required for PM Peak Hour impacts. 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 affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. CU- 2008 -AR -13679 Page 5 of 9 April 15, 2009 vi.'lQ 4, 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. In addition, churches /places of worship are allowed as Conditional Uses in the E Zoning District of the LDC. However, the proposed child care center, because it does not currently exist on the site and would not be for the exclusive use of church conL7regants (i.e. a bona fide "accessory use ") may not be found consistent with the Policy 5.9 of the GMP. Similarly, as the applicants' proposed eight -foot tall sign would conflict with the four -foot height restriction of the Golden Gate Parkway CMO, the signage height variance request would not be consistent with the LDC. As such, with the conditions of approval recommended by staff. only the church expansion proposed with this petition ,may be fnr,nd consistent with all of the applicable provisions of the GMP and the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Transportation Planning staff has reviewed this petition and determined that adequate access to and from the property would be provided from its two existing access points on 58th Street SW. rather than Golden Gate Parkway, as required pursuant to the CMO. As previously noted, pedestrian access to the site would be provided at the time of SDP by a connection to the existing six -foot sidewalk along Golden Gate Parkway and required six -foot wide sidewalk paralleling 58"' Street SW. Since the exact location of this pedestrian connection has not been specified on the conceptual master plan, staff has included a condition of approval requiring its depiction at the time of site development plan review and approval. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As previously noted, the proposed buildin?s would be separated from the neighboring residential uses to their north and east by roadways, and from the single - family home to its south by a generous 230 -foot setback yard containing the site's 0.79 -acre native preserve. In addition. the standards of the LDC require the provision of vegetative buffers around the subject property's perimeter, and a masonry wall or fence along its southern boundary to reduce the potential impact of noise and glare on the home located there, pursuant to LDC Section 5.03.02.E. Fences and i'VullS. lit should be noted that the applicant has located the wall alon¢ the Grass parking lot, forward of the preserve area, much to the satisfaction of the a, acted neighbor.) As such, impacts on the surrounding properties would be minimized. 4. Compatibility with adjacent properties and other property in the district. As previously noted, the house of worship has been in existence since the mid- 1970s. Furthermore, the proposed buildings would be separated from residential uses by roadways; and frorn the only abutting single- family home by a minimum distance of over 230 feet, which setback would be further enhanced by a six -foot high masonry wall and 0.79 -acre preserve. Because of its location, and the provision of the required buffers and wall or fence. any impacts on the surrounding neighbors created by the church expansion would be minimized and compatibility insured, as required by Policy 5.4 of the FLUE. CU- 2008 -AR -13679 Page 6 of 9 April 15. 2009 -e;-? a !teiii No. 1 f J �iy _` 8. 22,09 Page '14of42 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Ditties, the EAC did not review this petition because the property is less than ten acres and no protected species or wetland impacts were identified 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 February 26, 2009 at 5:00 p.m. at the Golden Gate Community Center. Three people from the public attended, as well as Dwight Nadeau of RWA, Inc. and County staff. Mr. Nadeau presented an overview of the requested Conditional Use to permit a church expansion and to add a child day care. One of the residents, who lived to the immediate south and would, therefore, be most affected by the expansion wanted to know how what effects the proposal might have on her property. Mr. Nadeau explained that the church was committed to building a six -foot high wall along the northern side of the preserve, and would also plant vegetation on the southern side of the wall. Thus, her home would be shielded by the preserve, newly planted vegetation and the wall. Mr. Nadeau also explained that the church's setbacks on the southern side of the property would be at least 225 feet, which would maintain the site's compatibility with her property. (The resident was very pleased with this commitment.) Another attendee expressed concern about the addition of the school. Mr. Nadeau stated that approximately 72 students were anticipated for the head -start program, and that although the schedule had not yet been determined, the program would have terms of either three hours per day for 180 days or six hours per day for 90 days. He added that it would add approximately 60 vehicular trips during peak hour periods. The meeting ended at approximately 5:30 p.m. Staff has not received any letters from the community regarding this project. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU -08 -AR -13679 revised on April 15, 2009. — SW RECOMMENDATION: Staff recommends that the CCPC forward Petition CU- 2008 -AR -13679 to the BZA with a recommendation of denial for the proposed child care center, finding it incompatible with the GMP. Staff also recommends denial of the requested eight -foot tall monument sign on Golden Gate Parkway approval, finding it inconsistent with the CMO district of the LDC. However, staff recommends approval of the proposed church expansion, subject to the following conditions: CU- 2008 -AR -13679 Page 7 of 9 April 15, 2009 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Messiah Lutheran Church Conditional Use Conceptual Site Plan," prepared by RWA, Inc., and dated July 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. Supplemental native plantings in all three strata shall be added to preserve areas where the removal of non - native and /or nuisance vegetation creates open areas with little or no native veLyetation coverage- The maximum area of the buildings on the site at build -out shall be limited to 65,569 square -feet. 4. If building height exceeds one story, the front yard setback of 75 feet shall be increased by 25 feet for the additional floor, or the building shall be stepped back to provide a vertical slope of two to one. 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 determined by the County Transportation Planning Department at the time of Site Development Plan review and approval, pursuant to the requirements of the LDC. 6. No schools or child care centers shall be permitted on the site. This shall not preclude those accessory uses customarily associated with church uses, such as Sunday school, or child care during worship services, church meetings and events, etc. .aTTACHAIENTS• Exhibit A: Findings of Fact CU- 2008 -AR -13679 Page 8 of 9 April 15, 2009 C= .genda Bern No. 17,3 July 28, 2009 Page 16 of 42 PREPARED BY: JOHN -DAVID MOSS, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the September 15, 2009 Board of Zoning Appeals Meeting CU- 2008 -AR -13679 Page 9 of 9 April 15, 2009 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET !7 i 2800 NORTH HORSESHOE DFPM; � 7 `f12 NAPLES, FLORIDA 34104 ✓ (239) 403 -2400 FAX (239) 643 -6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff DATE PROCESSED ASSIGNED PLANNER ABOVE TO BE COMPLETED BY STAFF NAME OF APPLICANT(S) EDWARD LARSON• MESSIAH LUTHERAN CHURCH INC. OF GOLDEN GATE ADDRESS 5800 GOLDEN GATE PARKWAY CITY NAPLES STATE FL ZIP 3,4116 TELEPHONE # 239- 455 -2520 CELL # FAX # E -MAIL ADDRESS MESSIAH NAPLESeHOTMAIL.COM NAME OF AGENT DWIGHT NADEAU PLANNING MANAGER FIRM RWA INC ADDRESS 6610 WILLOW PARK DRIVE, SUITE 200 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 239 - 597 -0575 CELL # FAX # 239- 597 -0578 E -MAIL ADDRESS DHN CONSULT- RWA.COM NAME OF AGENT FIRM ADDRESS TELEPHONE CELL # E -MAIL ADDRESS CITY FAX # STATE ZIP APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 2/7/03, rev I Page 7 of 13 S: \2007 \07013800.00 Mouiah Iuth— Church \0006 Conditional Use Applimli- Propo- olion\2008 -06-7 1 CU Appdoc r=.genda Iter�i rJc. 17 Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. 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 NAME OF MASTER ASSOCIATION: N/A MAILING ADDRESS CITY CITY STATE ZIP STATE ZIP NAME OF CIVIC ASSOCIATION: GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION MAILING ADDRESS PO BOX 994596 CITY NAPLES STATE FL ZIP 3,4116 DISCLOSUR,C +F INT.EREST,iNFORMATjON t 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. Messiah Lutheran Church Inc., of Golden Gate is a corporation not for profit. For further details see attachment "Articles of Incorporation ". The list of officers is provided below. Name and Address Percentage of Ownership William P. Volm 4465 10° Place S. W. Golden crate Naples Florida APPLICATION FOR PUBLIC NEARING FOR CONDITIONAL USE.— 2/7/03, rev I Page 2 of 13 S \2007 \07023$.00.00 M—;.h U ft— Church \0006 C— difl —I U- Appli—h— A.epwot;on \2ooa -a6- t z CU App.d- Marvin M. Manning 4384 23^%I Avenue S.W. Golden Gate Naples, Florida Arnold Ludwig 2113 41 u Terrace S.W. Golden Gate Naples, Florida Peg McClintock 2113 41 $1 Terrace, S.W. Golden Gate Naples, Florida Genova Till 2164 42nd Street S.W. Golden Gate Naples, Florida Norm Nafke 3245 Poinciana Drive, Poinciana Village Naples, Florida 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 NfA 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 N/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership N /A Date of Contract: f. If any contingency clause or contras terms in'vol've . additional parties, list all individuals or officers, if a corporation, partnership, or trust. APPLICATION FOR PUBLIC NEARING FOR CONDITIONAL USE — 217103, rev 1 Page 3 of 73 S \2007\070238.00-00 Messiah Lulhe.an Ch—h \0006 C— d;fi —f Uri Appflmi,'on Propmation \2008 -0b -1 i CU Appal- Name and Address N%A item No. 17 July 28, 2,009 rage 20 of 42 g. Date subject property acquired ® leased El of lease ,,: Folio # 38167040001 — 01 /84 If, Petitioner has option to buy, indicate the following: Date of option: N%A Date option terminates: or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form,. �irrg _ ,... ! .1'la u'; �W- ..� a t r: ry ,a,. '.Ctl; ti'; +"iluz ��s, - Q E`'�� iFA:!. y+,4 N�tM�i',. n,ya� ��y.;J �� a DER �.ocaTloN� a � "Rill, K Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" 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 29 49S/26E Lot: Tract 81 Block: Unit 30 Subdivision: Golden Gate Estates Plat Book 1380 Page #: 401 Property I.D. #: 38167040001 Metes & Bounds Description: SIZE Of PROPERTY: 330 ft. X 680 ft. = Total Sq. Ft. 224331.21 Acres 5.15 ADDRESS /GENERAL LOCATION OF SUBJECT PROPERTY: 5800 GOLDEN GATE PKWY GENERALLY LOCATED WITHIN 29, TOWNSHIP 49S. RANGE 26E, COLLIER `QU;JTY, FLORIDA APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 2/7/03, rev i Page 4 of 23 S: \2007 \07023800A0 Me is Lvth— Church \0006 C— SI;; —f U- AWi-ti- Prep —W— \2008 -06.1 1 CU App.doc NIaQ Zoning Land use N Estate District "E" S Estate District "F' E Estate District "F' W Estate District "E" Golden Gate Parkway ROW Single Family, Residential 513th Street SW ROW & Vacant Land Institutional {Day Care} 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 pagc% 1. Section /Township /Range Lot: Block: Subdivision: Plat Book Page # Metes & Bounds Description: Property I.D.# Cfl[iD)iTfUNAL ; C1E :REQUEST; TAIL , Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the ESTATES zoning district for CHURCHES AND PLACES OF WORKSHIP (8661) AND CHID DAY CARE (8351). Present Use of the Property: EXISTING MESSIAH LUTHERAN CHURCH FACILITIES Jr� „ '` . „EVAL!lATI.ON,:CRITERlA , Evaluation Criteria: Provide a narrative statement describing this request for conditional use. DOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC NEARING FOR CONDITIONAL USE — 217,103, rev 7 Page S of 73 5: \2007\070238.00.00 M—;.h Lu!irorcn Cburch \0006 C Horxd Lie Apry'im / ion ProporvFion \2008.06 -:7 CU App.dx y 'n a ileM NC). I fr'J July 28; 2009 PLEASE SEE ATTACHED "EXHIBIT A" NARRATIVE STATEMENT OF COMPLI 'C1 : f 42 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): 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:. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, e%i'iiornic impact and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: e. Please provide any additional information which you may feel is relevant to this request. 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. f. Previous land use petitions on the subject 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 preapplication meeting. a _ A copy of the pre - application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced $1/2" x 1 1" copy of site plant, drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [.Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existng and / or proposed parking and loading areas r•. Cluud e matrix inur.� a.r• ng Li required and provided parking and loading, including required parking for the disabled], APPLICATION FOR PUBLIC NEARING FOR CONDMONAL USE - 2/7/03, rev I Page 6 of 73 5: \2007 \070228.00.00 Messiah 1.1ha Ch-.b \0006. C—di .—I Vs Apprwt' n Prop— i— \200806 -1 i CU App do • 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 AOO 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 survey or 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. BE ADVISED THAT SECTION 10.03.05.6.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -- 217103, rev 1 Page 7 of 73 S:\2007\07023aA0.00 Mwich L thw Ch h \0006 Co dX—1 Um Appl:-6- Propw di..\2009 -06 77 CU App.dx July 28, 2009 Page 24 of 42 o..1 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST !a.....,. �,.., „ 4PPLICANT INFORMAXIC►�t.. NAME OF APPLICANT(S) EDWARD LARSON, MESSIAH LUTHERAN CHURCH INC OF GOLDEN GATE ADDRESS 5800 GOLDEN GATE PKWY CITY NAPLES STATE FL ZIP 341 16- 7.4.69 TELEPHONE # 239 - 455 -2520 CELL # FAX # E -MAIL ADDRESS: MESSIAH NAP LESOM OTMAILCOM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 5800 GOLDEN GATE PKWY NAPLES FLORIDA 34116 :LEGAL',DESCRIP,;T[ON, Section/Township /Range 29 / 49S / 26E Lot: TRACT 81 Block: UNIT 30 Subdivision: GOLDEN GATE ESTATES Plat Book 1380 Page #,401 Property 1.13 38167040001 Metes & Bounds Description: !�, ..TYPE_OF „SEWAGE D'ISPOLC,I` SA;T BE PRO'1/1DER.: (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM F] C . FRANCHISED UTILITY SYSTEM Florida Governmental Utility Authority (FGUA) d. PACKAGE TREATMENT PLANT (� (GPD capacity) e . SEPTIC SYSTEM T1iPE OF WAfER,S1:R!JIC_E,'>0 BE.;PRCl1GlDD,,, :. a. COUNTY UTILITY SYSTEM 0 b . CITY UTILITY SYSTEM c . FRANCHISED UTILITY SYSTEM I��1 Florida Governmental Utility Authority (FGUA) d. PRIVATE SYSTEM (WELL) (l APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 217103, r, 7 Page 8 of 13 & \2007 \070238.00X0 M— .h Culha Chwd \0005 C -dIE-d Use AppU fi— P,op —F- \2008 -06.1 1 CU Ap d- TOTAL POPULATION TO`BEF'SERYED: Church = 300 seats and Day Care Facility = 30,2t, -d�.n plus 5 day school workers A. WATER -PEAK 1.3 gpm AVERAGE DAILY 1275 apd B. SEWER -PEAK 1.2 qnm AVERAGE DAILY - 1275 qpd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED NA NMRATIME9,STATEN[ENT: 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. CC?'tLI.EiCOU.N; a iInU- TILITY' "DEDiCATIt7.N 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. STET ME arNT_ °OF AVAILABIL37 ,ICiPACITY F_RCttfi:' OTFIER ,RO:iEiDERS SsUniess 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. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 2/7j03, rev I Page 9 of 73 S: \2007\070238.00.00 Me ;.h Lutf— Chwd.\0006 C—dif; ..n U- Applic di— P-p—h— \2008 -06.7 c CU Appdc Agenda item No. 17G July 28. 2009 raDe ?r of 42 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST ATTACHMENT FOR: MESSIAH LUTHERAN CHURCH, INC. OF GOLDEN GATE UTILITY NARRATIVE STATEMENT The project is served by Florida Governmental Utility Authority (FGUA) and locally maintained by Severn Trent Services. The existing church building is served by a 518 inch potable water service. This water service line extends from a 12 inch water main on the north side of Golden Gate Parkway. There are currently no water mains on the south side of Golden Gate Parkway according to Mr. Pradeep Sethi, Utility Engineer, Severn Trent Services (407/629 -6900, psethi(a trovmserv.com). In order to provide additional potable water and large diameter water main for fire suppression to the expanded church, a horizontal directional drill across Golden Gate Parkway will be necessary. A 6 inch water main will be tapped into the existing FGUA 12 inch water main on the north side of the road and will extend south to the site corner at 58th Street SW. A Fire .Department Connector (FDC) will be required to facilitate the required fire sprinkler system within the church addition. Two fire hydrants will be place along to the 58' Street SW frontage for added fire protection. The existing church utilizes a septic tank and drainfield for sewage disposal. The expanded church footprint will obliterate that tank and drainfield location. There is not enough area within the new site plan for a larger septic tank and drainfield. The site wastewater will be directed to a small sanitary sewer pump station near the proposed dumpster pad. The wastewater will flow offsite in a small diameter force main and tie into the existing 6 inch force main on the north side of Golden Gate Parkway. S :\20M070238.00.o0 Messiah Lutheran Church \0006 Conditional Use Application Preparation\2008 -08 -12 Utility, Narrative Statement.doc uE,_.: lie, ='age 27 of =:2 August 14, 2008 f9 Jim Micizalkowski Project Manager FLORIDA RWA Consulting, Inc GOVERNMENTAL 6610 Willow Park Dr. Suite 200 UTILITY AUTHOR Maples, FL 34109 RE: Water and Wastewater Availability Folio # 3355008104829 at 5800 GG Pkwy LEA ANN THOMAS, CHAIR Messiah Lutheran Church Poik county Dear Jim: BRIAN WHEELER Osceola County Potable water iines and wastewater lines are in operation in the JIM LAVENDER vicinity of the proposed project mentioned above. However, in order Lee county to provide service to the subject parcels, developer funded system enhancements such as line extensions may be required. ROBERT KNIGHT Citrus County Your firm has indicated that this project will consist of expansion of a 80 seat Church to a 300 seat church. The existing daycare will be CHARLES C. SADDLER retained, with an estimated flow demand of 900 GPD of water and Town of Dundee wastewater. FGUA presently has sufficient capacity to provide potable water and sanitary sewer as estimated above. D. WAYNE O'NEAL Hendry County Prior to beginning design work on this project, a meeting should be scheduled with Pradeep Sethi to determine the best point of MICHELE BAKER connection and discuss requirements for construction. He can be Pasco County reaC`?ed at 4 -?- 629 -690'✓ exl. 122 v ^r via e -MIaII dt 1)sethi @govmserv.com . Availability of potable water and sanitary sewer service is contingent upon final acceptance of the infrastructure to be constructed by the developer. Upon completion, and final acceptance of this project, potable water service will be provided through the Golden Gate Water Treatment Plant Sanitary sewer service wll be provided by Golden Gal— Wastewater Treatment Plant which currently being upgraded. The FGUA Utilities' Operations Manual requires the project engineer to perform hydraulic computations to determine what impact this project will have on our existing system. A site map showing the aPprvximate location of the utilities is included for your reference as FGUA OPERATIONS OFFICE well as list of Government Services Group, Inc. Protegrity Plaza, Suite 2000 280 Weidva Springs Road Longwood F!_ 3277Q FGUA M-r'Li i •«. Lever 877/552 -3482 Toll Free �:•c:..wi Jliy w-uci 407/629.6900 Tel 407/629 -5963 Fax ,idly/ 78 !-),'O 7 age 2`3 of 42 the next steps to be taken in order to you're your project forward. This letter should not be construed as a commitment to serve, but only as a statement of the availability of service and is effective for twelve (12) months from the date hereof. Florida Governmental Utility Authority will commit to serve only upon receipt of all appropriate connection fees, a signed request for service and /or an executed service agreement, and the approval of all State and local regulatory agencies. Further, this letter of availability of water and wastewater service is to be utilized for development review for this project only. Individual letters of availability will be required for the purpose of obtaining building permits. Please submit your plans for review when ready with a copy of this letter, an Engineer's Opinion of Probable Cost of Construction (EOPCC) and a Plan review check for $ 300 for first nine (9) sheets or less and add $ 25 for every sheet over 9 sheets. Sincerely, FLORIDA G VERNMENTAL UTILITY AUTHORITY Tarek M. Fahmy P.E. - G.G.C. Director of Operations TMF /PKS FGtin (Master utiNly Letter 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. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED I STANDARD REQUIREMENTS: Cover letter briefly explaining the project 20 X Application (completed & signed) (download from website for current form) 20 X *Additional set if located in the Boyshore /Gateway Triangle Redevelopment Area) 1 X Addressing Checklist signed by Addressing 1 X Pre - Application meeting notes I 20 X Conceptual Site Plan 24" X 36" plus (one 8'/2 X I 1 cop) 20 X Copies of Warranty Deed(s) 2 X Completed Owner/ Agent Affidavits, Notarized 1 X Environmental Impact Statement (EIS), and digital/electronic copy of CIS or exemption justification + 3 )( Aerial photographs (taken within the previous 12 months min scaled 1 "= 200'), showing FLUFCS Codes, Legend, #'s and project boundary 5 X Statement or utility provisions (with all required attachments & sketches) � 1 X Traffic Impact Statement (TIS), or waiver j 7 1 X j Historical and Archeological Survey, or waiver ! 4 1 X h Architectural Rendering of Proposed Structure(s) 4 X Electronic copy of all documents and plans (CDROM or Diskette) 1 X Boundary Survey 2 X ! t mft t �. SYLJ 1 n L d'�1 7 ............... A�fufordable Housing or'Ecsscnomae Deywopment Coe�nc�, rvProja s I vx { •1� v rf I� 7 x( L ttSi X'S 7 �0.r1 1,,,d�s„1��%,��'��,',I;�;+��J i 1 ❑ EDC "Fast Track" must submit approved copy of official application ❑ Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. 2 1 1 APPLICATION FOR PUB: IC PEAPiNG FOP CONDITIONAL USE — 2/7/03, rev 1 Page 10 of 73 5: \2007 \070238.00.00 M-1-h Lwiro 0- 1, \0006 Condii;wwi W. App7;m1;w, Pro{xwfion \ ?GOS -06 -1 7 CU Appdx Agy-, n d !:earl N' o. 7G July 28, 21,09 r ..,. !`'d.je Jul 3 RESOLUTION 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THE EXPANSION OF A CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SECTION 2.03.0I.B.I.c.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED AT 5800 GOLDEN GATE PARKWAY, IN SEC T IOivT 29, T O`vVivSTrIIP 49 SOUTH, 13, RAI�`GE 2.6 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals, 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 allowing the expansion of a Church as a Conditional Use pursuant to Section 2.03.01,B.1.c.1 of the Collier County Land Development Code (LDC) in the Estates (E) 'Zoning District on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10,08.00.D, of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. Rev. 6/04/09 Page 1 of 2 �, S -.. J .. � �.� � .��^•• NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Dwight Nadeau of RWA, Inc., representing Messiah Lutheran Church, Inc. of Golden Gate, with respect to the property most commonly described as 5800 Golden Gate Parkway, Collier County, Florida, within Golden Gate Estates, Unit 30, Tract 81 according to Plat Book 7, Page 58 and recorded in Official Records Book 1380, Page 401, of the Public Records of Collier County, Fiorida, be and the same is hereby approved for a Conditional Use pursuant to Section 2.03.01.B.I.e.1 of the Collier County Land Development Code (LDC) in the Estates (E) zoning district to allow the expansion of a Church, in accordance with the attached Conceptual Master Plan (Exhibit "B "), and subject to the conditions set forth in Exhibit "C," which is attached hereto and incorporated by reference herein. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and super - majority vote, this __ day of 2009. ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk Approved as to form and legal sufficiency: STEVEN T. WILLIAMS Assistant County Attorney � 4.e01 Exhibit A: Planning Commission Findings ExhIbIL B: COIiCCpttial aster P fail Exhibit C: Conditions of Approval C?\0S- CPS-00 u7S_.0 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Rev. 6/04/09 Page 2 of 2 DONNA FIALA, Chairman FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2008 -AR -13679 The following facts are found: n -a eim. No. I ! 'J A nl +C !U1 214 2'-(19 Paul 32' of 42 I. Scitioii 2.v3.v3.C.S Of tit 1 an-1 ueVelopnlent Code au —lorized the collditlunal 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 wit the Land Development Code and Growth Management Plan: Yes —1 L— 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 V— No C. Affects neighboring properties in relation to noise, glare, economic or odor effects': No affect or Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATF,: CCAIMISSIONER Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CI7- 2408 -AR -13679 The following facts are found: I . Section 2.03.03.C.5 of the band 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 T,and Development Code and Growth Management Plan: Yes !/ No B. Ingress and egress to property and proposed structures thereof: with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of Lire or catastrophe: Adequate ingress &, egress Yes 1, No C. Affects neighboring properties in relation to noise, glare, economic or odor �,:,._. No affect or _ Affect mitigated by Affect caimot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi hin district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attaclied) be �_� r.__. i t__ n__.. r. ��___i._._ „l:olilii.etlUGU 1Vt a�tlli'l%\'��Ll lV t11G 1:)V61` Jl L'Jlltil`',.'11)1.7�c1., i 1 DATE: _' � I C! % COMMISSIONLR: i Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2008 -AR -13679 The following facts are found: Jul}, 2& 2009 Pa:ie ,4 of 42 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 A s C(—d- C0 ,4N 5"'41 ugl y 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 r C. Affects neighboring properties in relation to noise, glare, economic or odor effectts: ✓ 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 rG1.JV111111Gnd d for appro Yal to the'oar' of Zoning Ia.1peals. DATE: -'i 0 COMMISSIONER: l Exhibit Ell. FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2008 -AR -13679 The following facts are found: - u Jf ._ 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: r 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 & c-ress ., r Yes \- No C. Affects neighboring properties in relation to noise, glare, economic or odor P{fPr•tc• i No affect or Affeel mitigated by ._, Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Comaatible use within district Yes-- No Based on the above findings, this conditional use should, �') r•e CoMlywnr"Iert for to tl.e Board of 7:`n,1;4 A,� -nlS DATE: '7 / `i CGNIMISSIGNER: stipulations, (copy attached) be �1 Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2008 -AR -13679 The following facts are found: Agen 'a ,tern No. '17G u�lly 28, 2iG`9 P aae 36 of ^.2 I 1. 13ection G, V.J.\ /.J.t.+..J 01 Lhe LQiILL JJV Vl.1V �.11111i11L CV UV Llu Ll'10 114ed Ll1V VVAI\LA LL Vllul usv• 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 i Yes ✓ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: .`/No affect or Affect mitigated by Affect catulot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes t✓ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for antn•oval to the hoard of Zoning Appeals. DATE: - /'" f �? COMMISSIONER:_ _ I /-� —A� k&— Exhibit A FINKING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2008 -AR- 1.3679 The following facts are found: V I , ^. Q--1;-- �.VJ.V✓. L..✓ Vl L11V 1 arl l 1JVV�./1V N111V 111 uV UV 41.L L11VL1LVU L11V Volllll Ll Vk1CL1 UJI+. 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 c/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes '— , No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect camlot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district i� Yes __LZNo Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning; Appeals. % T) ATP. ? r/� I) C0 MM1SSiON' R Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2008 -AR -13679 The following facts are found: F, P F, c',e 8 y)r 442 d it +lI t;+: t vv�iVi1 [...V ✓.VJ. V.✓ Vl LlL� G.L1LL LeveAOpAA1CLIL l.V e aUL11VL1GCU Ll c condition a1 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 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 ingress - egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: I/No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wit iib district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for awroval to the Board of Zoning Appeals. DATE: ? COMMISSIONER: / '• Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2008 -AR -13674 The following facts are found: _r 0 ....t -, ._... '1 n7 n7 n S I 'T.,. r A Tl,._.,.1 ..._..,......< n.. , -]„ ..1_,,.:.�,.. �] al_„ .1:,.......,1 it Gl.,lll.)Il G.l /,1 .il.l .k.. -J (11 LIIG I.,a12U .I.JG VGIif G./J1iG11 L `,Lf uG aU L11VI 1l,.Gd L11G Lt /11U ILL Vll [71 11le. 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 ' e 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 ease of fire or catastrophe: Adequate ingress I egress Yes " No C. Affects neighboring properties in relation to noise, glare, economic or odor eff ecis: 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 Flo Based on the above findings, this conditional use should, with stipulations, (cc) attached} be .ZP recon-imended for am)-oval to the Board of Zoninp- ,^ UUcals. ;?.^>T L ! r nr,nl��1SSIONLK: L Exhibit A Fa Ali ---------- ----------------------- U Exhibit B AIESSIA H L LITHERA N -DN-X p MESSIAH LUTHERAN A- aix CONSULTING Civil 21= ,w CONDITIONAL USE CHURCH AL 16. T 74 A6 21-A mt*" SITE PLAN —m- Z > ri < F1 PA n yo c) U Exhibit B AIESSIA H L LITHERA N -DN-X C14URCH MESSIAH LUTHERAN A- CONSULTING Civil 21= ,w CONDITIONAL USE CHURCH AL 16. T 74 A6 21-A mt*" SITE PLAN —m- CONDITIONS Or APPROVAL CU- 2008 -AR -13679 May 8, 2009 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Messiah Lutheran Church Conditional Use Conceptual Site Plan," nrPnnrPri by RWA Tnrr an(i rintPrl Tilly W)OR ThP city nlan nntPrl is onnoonhia) in nature for Conditional Use approval only. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. Supplemental native plantings in all three strata shall be added to preserve areas where the removal of non- native and /or nuisance vegetation creates open areas with little or no native vegetation coverage. 3. The maximum area of the buildings on the site at build -out shall be limited to 65,569 square -feet. 4. if building height exceeds one story, the front yard setback of 75 feet shall be increased by 25 feet for the additional floor-, or the building shall be stepped back to provide a vertical slope of two to one. 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 eCtCrnlined by tilC I-, Ly TraI,SpCirtatICii Pl u,ning ✓Cpartiilent at file LIMC of Site Development Plan review and approval, pursuant to the requirements of the T DC, Exhibit C Age,idla item. Nb. 17G JvIlly 23, 2009 Pang; 21 o1 421 Sunday, July 12, 2009 uaiW Newt NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a -public hearing on Tues- day. July 28, 2009, in the Boardroom, 3rd Floor, . Ad- ministration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A:M: The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THE EXPANSION OF A CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SECTION 2.03.01.B.1.c.1 OF THE COLLIER COUNTY LAND DE- VELOPMENT CODE, FOR PROPERTY I LOCATED. AT 5800 GOLDEN GATE PARKWAY, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ,The Board 'wilt consider Petition: CU- 2008 -AR- 13679, ;Edward Larson of Messiah Lutheran Church, Inc., represented by Dwight Nadeau of RWA, .Inc., is re- questing a Conditional Use in the Estates (E) Zon- ing District to expand an existing church pursuant to Subsection 2.03.01.B.1.c.1 of the Land ..Develop- ment Code. The 5.15 -acre subject property is locat- ed at 5800 Golden Gate Parkway in Section 29, Township 49 South, Range 26 East, Collier County, Florida NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be ad- dressed. Individual speakers will be limited to 5 •. minutes on any item. The selection of an individual to .speak on behalf of an organization- or group :is. encouraged. 'if recognized by the Chair, a spokes- person for a-group or organization may be allotted 10 minutes to speak on an item. Persons wishing to. have written or graphic materi- als included In the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In an case, written materials intended, to be considered by the Board shall be submitted to the appropriate County staff ,a minimum of seven days prior to the public hear- ing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to alipeal a decision of the. Board will need a record of the proceedings pertaining thereto and therefore, may need to. en- -sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate In this pro- ceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 33D1 Tamiarni Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listen- ing devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) July 12.2009 No]WI§740