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Backup Documents 11/10/2009 Item #17F 17F COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, ctc.) ~**k"".*".'..'*'.'.*'.'.'.'*..*.*"*.'**.********.*.*.*****~.**~.****.***.*~.*.******.**.*.*.*** Originating Dept/ Div: CDES./Zonino Person: Nancy Gundlach. A[CP Y ~i 9' IC'I:s '(J:;n.te: 10/[3/09 Petition No. (If none, give brief description): CU-2008-AR-13786, Unity Faith Missionary Baptist Church Petitioner: (Name & Address): Ms. Gina Green P,A., 3310 1st A venue NW, Naples, FL 34120 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Unity Faith Missionary Baptist Church, PO BOX 990639, Naples, FL 34116 Hearing before Bee BZA Other Requested Hearing date: November 10. 2009 Based on advertisement appearing IS days before hearing. Newspaper(s) to be used: (Complete only it important): xxx Naples Daily News Other LegaUy Required Proposed Text (Include legal description & common location & Size: Petition: CU~2008-AR-13786, Unity Faith Missionary Baptist Church, Inc. represented by Gina R. Green. P.E. of (iina R. Green, P.A, is requesting a Conditional Use No. I expansion in the Estates (E) zoning district pursuant to Collier County Lund Development Code Subsection 2.03.UI ,B. I .e, I. The proposed Conditional Use will exptlnd tll1 existing church by adding a 13,IOO.square foot multi-purpose building tu bt: used for a gymnasium, classrooms, youth fellowship and a kitchen. The subject 5.23 acre property is located at 1620 39th Street S.W., in Sections 14 and 23, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 lor Account Number: 068779 Reviewed by: . ~'1'Yl.1,:>~ Division Administrator or Designee 10 It? /0 ) Date ~ List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, he sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to COtlnty Manager. The Manager's office will distribute copies: County Manager agenda file: to Reqtlesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approYf;: and submit original to Clerk's Office, retaining a copy tor file. .......*..........****..****....................**********...........*............................ FOR CLERK'S OFFICE USE ONLY: Date Received: to \ \,:>1~ Date of Public hearing: ~r!Ioate Advertised: j 0 ! (}.,r{ ~ Patricia L. Morgan 17F" From: Sent: To: Cc: Subject: Attachments: RamirezHeather [HeatherRamirez@colliergov.net] Thursday, October 15, 2009 9:50 AM Minutes and Records IstenesSusan GU-2008-AR-13786 GU-2008-AR-13786 Legal Ad,pdf; GU-2008-AR-13786 Resolution,pdf Here is the last legal ad for the November 10th BCC advertising, It has not been signed by Susan yet but 1 wanted to send it so you can get started on it. As soon as she is able to approve and sign it 1 will send the signed legal ad to you, The Resolution will stay the same, Heather L. Ramirez Planning Technician Zoning & Land Development Review 2800 N, Ilorseshoe Drive Naples, FL 34 I 04 (239)252-2930 17F RESOLUTION NO, 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORlDA, PROVIDING FOR THE EXPANSION OF A CONDITIONAL USE TO ALLOW A MULTI- PURPOSE BUILDING AS PART OF A CHURCH FACILITY WITHIN AN ESTATES (E) ZONING DISTRICT PURSUANT TO SUBSECTION 2,03.0IRLc,1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1620 39TH STREET S,W" IN SECTIONS 14 AND 23, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection ofthe public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No, 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses~ and WHEREAS, by Resolution Nos, 91-135 and 92-49, copies of which are attached hereto as Exhibit "A-I", the Board of County Commissioners approved a provisional use for a church and church related facilities in accordance with a conceptual master plan, subject to a number of conditions; and WHEREAS, Unity Faith Missionary Baptist Church, Inc, has filed Petition Number CU-2009- AR-13786 requesting an expansion to the Conditional Use to allow a 13,100-square foot multi-purpose building; 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 an expansion of a Conditional Use to allow a 13, 100-square foot multi-purpose building as part of a church facility within an Estates (E) Zoning District pursuant to Subsection 2,03,OL8.1.c,1 of the Collier County Land Development Code and Resolution Nos, 91-135 and 92-49 on the property hereinafter described, and the Collier County Planning Commission has made findings that the expansion of the Conditional Use will not adversely affect the CU-2008-AR-13786 REV, 8/28/09 100 17F 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 1O,08.00.D, of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered a1\ matters presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-2009-AR-13786 filed by Gina K Green, P.R, representing Unity Faith Missionary Baptist Church, Inc" with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for an expansion of a Conditional Use for a 13,100-square foot multi- purpose building as part of a church facility within an Estates (E) Zoning District pursuant to Subsection 2.03.0LB.Lc.1 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the previously required conditions set forth in Resolution No, 91-135 together with the conditions set forth in Exhibit "C", Exhibits "A. I", "A", "B" and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces both Resolution Nos, 91-135 and 92-49, excepting the conditions set forth therein, which are incorporated hy reference into this Resolution. 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: By: , Deputy Clerk DONNA FIALA, Chairman CU-200B-AR-13786 REV, 8/2BI09 200 17 F H~ Approved as to form and legal sufficiency: oJ, c, 0~vr\O Heidi Ashton-Cicko Section Chief, Land Use/Transportation Exhibits attached: A-I, Resolution No. 91-135 and No. 92-49 A. Legal Description B. Conceptual Site Plan C Conditions 09.cPS-00949129 CU-2008-AR-13786 REV, 8/28/09 3 DO .!AN 2 8 1992 RESOLUTION 91--LlS .', " RELATING TO PETITION NO. PU-90-26 FOR PROVISIONAL un OF PIlOPJ:ltn. NERJlIIfAPTEII. DESCRIBED IN COLLIER COIlll.T,'l. FLORIDA. 17F -" WHEREAS, the Leql.1atur. ot the State ot Florida in Chapter 67-1241~'Law. of 71orida, an4 Chapter 125, Florida Statutes, has conferred on Co11ier-county-th. power to establish, coordlqata and enforce zoning and such bu.!nes. requlations as are nec..sary" for the protection or the public: and WHEREAS, the county pursuant thareto has adopted a Comprehensive Zoning ordinance establishing regul.tlons tor the ~onlnq ot particular geoqraphic divi.lons ot the County, among Which 1. the qrantlnq of provi.ional Usesl and ~, the Collier county Planning C~lssion, being the duly appointed and constituted planninq board tor the area har.~ affected, has held a public hearinq after notice as in .a1d regulations mad. and provided, and" has considered the advi.abillty ot Provl.1onal Usa W._ In the nEn (Estates) zona .tor a chur~h and church relat.e4 facilities on the property bereinatter described, and has :found as a matter of tact (EXhibi~ "A.) that satistactory provision and arranqement has been mad. conc8rninq all apPlicable .attars required by said regulations and 1n accordance with Section 13.1.d of the Zoning .egulation. tor the Collier County Planninq commi..ion; and ~, all inter..ted parties have been qlven opportunity to ~ beard by thi. Board in a pUblic meetinq assembled and the " Board havinq con.ldered all .atter. presented. NOW. TIlERUORE BE a RESOLVED. BY TIlE BO}JU) OF ZONIN," APPEALS ot Collier coun~y, Florida that the petition tiled by Keno J. spagna ot Florida Urban InstItute, Inc~, representing 1!nlty l'alth Ki..ionary Baptist Church with respect to the property hereinafter described as; Tract 165,' Golden Gate Estates~ Unit 27, according to Plat th.reot, recorded in Plat Book 7, page 17, ot the Public Recorda ot Collier county, Florida~ . 000..,[ 32 EXHIBIT A-1 Page 1 of 7 1111;\ r,~, 3.. I.. I".... " . ".j" : .J~' ft.... ..~ ./::. ,;'. :'K. 17F JAIl 2 8 1002 b. and the .a~. i. hereby approved tor Provisional Us. "a" at the .Z. CEatat..) zoninq district tor a chqrch an4 church r.la~.d faciliti.. .ubj.~ to the following conditions: Exhibit "8" which 1. attached hereto and incorporated by r.:...nce herein. ~, BB IT ~ RESOLVED that this Resolution be r.co~d.d in the .1n~t.. or this Board. ccmmi..ioner Saunders oftered the ~or.gQinq R..olu~1on .n~'~av.4 ~or it. adoption, ..conded. by C~..lon.r Goodn1~bt and upon roll call, the vote -.. AYES: COmm{I.ioner Saunders, Commi.sioner Good~ight. Commissioner Shanahan. Commie.loner Volpe~ And Commi'lioner Hassa !lAYS" AIlSENT AllD HOT VO'rnfG, AlISTEHnOIl. Don. 'this day ot FebTtlarv 5tb , 1991. ;: BOARD OP ZOIlIIIG APPVJ.$ COLLIER COUNTY I FLORIDA o .- .' . .... . .' .--' .~~n~J n'~lh..'. . :.'.,...... . .'\ # ~'" ;p.~:''''' '.l. ..........i . .,.:....~.. ."lt~:. ;.,,: .' ,... '("'-~ :"''';' A~: ." .:.~ .:' :wms c. GILES; CLZRX <~*.:.~::~~~ ~.2J~. ." .AP~~:""'rO FORK AlII> LEGAL ll1l1'PICIElley, '"'" .,,' ."" , . ,., -P. . . ;~~RI~~.~y.~~ . > ASSISTAIIT COOllTY AT'I'ORIIEY r:. aY'~~.;J1.,...~ CIlAI PU-90-2~ RESOLUTION nb/46SS" .0(;0,,1. 33 EXHIBIT A-1 Page 2 of 7 .WI 2 8 1992 ~.t.... ...., FlNDING OF FACT , IlY . COLLUR COUllTr FL.\IOaNG COMllISSION FoR A PROVISIONAL USE PETITION FOR P[1-90-26 Tbe follow1n9 ~act. are ~ound: 1. Section 7 1lL).3)(..) of the Zoning' Orc1inatlce aut.horized. the prClv1s.t.onal ulIe. 2. Granting the provisional Use "111 not. a4\1'ersely affect. the pUblic' interest And will not adversely affect ether property or uses in the sam. district or nei~hborhooa becau.. of: , A. I Consistency wit.b the Comprehen.ive Plan: Compli.. Vi~comprehen.1v. Plan Y.s._ No_ , " B. Ingr... and egress to property and prcposed stractures thereon with particular raference to automotive and pedestrian ,a:etr and convenience, trat~1c flow an4 control, an4 accels 1n case of fire' or catastrophe: . ,""equate in~ss "egress .' YeD_No_ Affects neiqhborlnq propert!.. in relation ~O nO!.Il, ,lare, economie or odor effect.: "v 110 aUect or AUect JliUllated by ------ ______ Affect cannot be mitiqated Gener.l compatibilit.y with Adjacent propert.ies and other property In the district: Compatibl~ ~.e within district " Yes \..< No - - C. -, D. Based on the above findings, this provisional Use should, with .tip~l.tion., (copy attached) (~J.b. '- recomlllended far approval .: 1'- _\ ~. _~ . .. DATE. {~7/~/ CHAIRMAJh ~ I ~ FlllDING OF FAC~ CHAIRMAN " EXRI.'fJCO..~! 34 , ," EXHIBIT A-1 Page 3 of 7 ; l?F ACR'-=r.MEN"r .}AN 2 B 1992 %, Meno J. Sps9"a, of 71orid. urban Institute, !na., as authorized .q.n~ tor Petition PU-~O-26, 8gr.. to the fcl:owlnq atlpulation. reque.ted by the Collier Covnty Plannlnq co.al..ian in their pu~lig haarlnq on January 17, 1991. 1. PLANNTNC s~vrCF.:g! a. hpanaion of the us.. ident.itied and approve4 within this Provisional v.. applicat.ion, o~ ..jar chanqes to the 8ite plan aub.ltte4 .. part ot ~hl. application, ahall require aubai..ion of. new Provisional U.. r.~.8t and ahall caaply with all applicable county ordinance. in atrect at the ti.. ot submittal lncludln9 Section 10.5 or Collier County Zoninq ordinance No. 82-2. 2. kA~ MA>>AG~rHT AND F.NCrH~rHG! a. De.ign and construction of all i=prov...nta ahall b. subject 'to ccnlpliance with the appropriate proviaiona 01 the CO~li.r Coun~y SUbdiviaion R.gul.~ion.. b. This project shall be required to aeet all County Ordinance in etfect at the ti.. final conatruction documents ar. submitted tor developDent approval. o. A portion, not exc.ed 70' ot the required parking, Day b. developed with a gr... .urtace per the Collier County Zoninq ordinance Section 8-12C. The driveway a1s1.., however, shall be paved. All parking must be conaidered paved ror stor.water pUrposes. 3. ENVIROHM'mTA T. r , prior to preliminary Sit. DeveloPMent Plan approval, Project Reviev Service. Environmental Staft shall rield verity and approve County wetland jurl.dlc~Jonal ar... Which ahall be tla9ved by the petitioner. The.. approved wetlana juriSdictional area. shall be d.signated as Conservation Ea..Nents Which .hall be recor~.d in the official County RQcords prior to final Site Development Plan approval. As part ot the water .an~qeaent sy.te~ tor thl. sit., all required etormwat8r retention shall b. directed into the.. pres.rv. areas atter a 1/2 inch dry water quality pre-treatMent. . a. . COO....! 35 Exhibit lOa" EXHIBIT A-1 Page 4 of 7 ..z!I .IA~ ? 8 1992 " 4 . TRANSPORTATION' a. The roa4 iapact t.. .hall b. .. ..t to~tb in Ordinance .5-55, .. ...nded, and shall b. paid at the tiae building peralta are iS8ue~ unless otherwise approved by the Board ot COunty Commissioners. ~~.fL.. H. PE'l'ITIOHER bk ~~ ~TO AND SllIISCR%BEO BEFORE HE THIS "::}':3 & I' OF . , . 1191. <:'-'/1 0 p. ..... ilL~ A ~ ti~ II' _ . ......:..~~.1..; "', HPTARY " . .. '.,'.' \ I :. . ,) \ . \. :",'::; ~EAL ~ J'.., i !,. "', I., _'I ~5,'. .' MY COH~f'I~SXDH EXPIRES I .,..... ....:...........'\.... " ' ~.~.Illr.trAnCF'n.OIiM .__-:.~&lAl.M.22.I., -",.. ......1". SWOIllf '1'0 AND SllIISCRIBEO BEfORE HE ':rillS ] l3 ~ DA'l OF, ~~.~~ . 1991. U 0, 0.'...:. !C. ~.:".., NO'l'AR'l SEAL MY ~O~ISS~ON EXPIRES' .......'+4..- '.,... .1'", I'r~ ,.........., .ttst.:1r., .....;tlluu" LCr,., Irl:r, JVfW'tlJ.I#,I ",11', .. AI. ~..,. .' ~ ~'., .: Ptl-SO-26 AGIlEE>lElIT SHEET ,:.d .000"<r'36 -2- EXHIBIT A.1 Page 5 of 7 17F i~,' DAY 17F JAN 2 B 1992 RESOLUTION 92-~ RElATING TO PETITION NO. PU-90-26 FOR EXTENSION 01" CONDITIONAL USE OF PROEPRTY HERINIIFER DESCRIBED IN COLLIER COIlllTY, FLORIDA WHEREAS, the Legislature oL the State ot Florida in Chapter 125, Florida statutes, has conferred on all CountIes in Florida ths powsr to establish, coordinate and enforce zoning and such business regulations aD are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishss comprehensive zoning regulatIons for the zoning oL partiCUlar ,divisions of the County, among which is ths granting and extending the time perIod of CondItIonal Uees formerly known as Provisional 0..., and WHEREAS, on February 5, 1991, the Board ot County ccmai..1onera enacted Resolution No. 91-135, which granted a provisional use now known as a conditional use pursuant to .Qrdinance No~ 91-102, for a church and related church facilities, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board oL Zoning Appeals may extend the one (1) year time period Lor a conditional use which has not been cOIImencedi 1l0W, THERllI'ORE BE IT RESOLVED, by the Board of Zoning Appeals of COllier County, Florida that the writtsn request of Dr. Neno J. Spagna of Florida Urban Institute, Inc. representing Unity Faith Missionary Church for ths first of three (3) permitted one (l).year extensions, in interest of ths following described property. Tract 165, Golden Gate Estates, Unit 27, according to Plat thereof, recorded in Plat Book 7, Page 17, ot the Public Records of Collier County, FlorIda. 1. hereby approved pursuant to Subsection 2.7.4.5, ot the Land Development Code (Ordinance No. 91-i02) and the expiration date tor II 000 m~ 30 -1- EXHIBIT A-1 Page 6 of 7 l7F '1 JAN 2 B 1992 Re.olution No. 91-135, attached hereto and incorporated herein as Exhibit "A" and all conditions applicable thareto i. extended hereby Zor one year until February 5, 1993. BE IT FURTHER RESOLVED that this Resolution be recorded in the .inutes of this Board and in the record. of the Petition for which the ext!,ndon i. granted. . ~"doner lIas.e offered the foregoing a..olution and moved tor it. adoption, .econded by Commi..ioner Shanahan , and upon roll cllll, the vote was, AYES. Calmlasioner HallSe, CoamI.ss1oner Shanahan, Cormdssiooer Saunders, and t:amIIssioner Volpe JrAYs.: ~ r.',.... ABSEIIT. AIlD Nor VOTING: Cam:lss1.cner (;<yy1n~gI\t AB~ON: Don. this 2llth day of Januarv . 1992. BOARD OF ZONING APPEALS ~.~~ BY' (h ....R'f , CIlAIRIfAN , . '. ~;';'; J:~."''',~I~HRiJ 'I "" ";; J1IIOl1!:. c. GIL.tif f! CLJ;RX ;p'F.: .'". . 'I/t'.,~ '.' 4JL. 'I.~..." '. ~ o. , . ./'.'~. OVEI> AS TO r,ORH AND LEGAL SUFl"ICIEIICY: ", '.. " :.f}'1l. " ~' ~:;.~~~ ASSISTJUl'l' COllNTY ATTORNEY iJf. ", '. . pt1-90-26 I!X'.l'EIISIOIf RESOLtlTION ~." nb/7151 . OO{J,..... 31 -2- EXHIBIT A.1 Page 7 of 7 17F LEGAL DESCRIPTION FOR CU-2008-AR-13786 ALL OF TRACT 165, GOLDEN GATE ESTATES, UNIT NO, 27, recorded in Plat Book 7, pages 17 and 18 of the Public Records of Collier County, Florida EXHIBIT A ~ ~~ ~ ---- ........-..--.<ll -- 17F ~~~~~ I . " ! II ~ ~ I I< . ! i~ B ~~~i ~ .~Ii i ~!~~ ! nij i~i~h ~i ..~ ~~.il; (:r~ijil ~:dh 4,., ~ "'l'f' .' ~ht .. UI. i. !g~'i li =~{lJ ~. o I;~,~~ Ii ~ ~~~lt ~~ .~h" .. f .... .. Q e~eB. 41~~~!: ~.. e f i" I ~I!!L! .. . .. n .. .. lD ~ i tS!!~~~~~1~) ~ - I- >"'!l iii . l tl,!!hll! ~ :r ~ ~ >< ~ ~ w d ~h fi'~~i !ll , I I I ..m ~ Jd !;I;!t I W~'~~3~ f~;ij I . I , "'0 . ~~~I1l' I U i i~ g',. l'''~ ~:~~j ~ rt~~Jt! W~l !hHi!"~ ~~~ 'H'I~ d I j: hh~ " .. .. .- . ~ I ---"- . I I d__ :. - fJ LJ ........-...- -'-"'=lI!l I f ~ i i ~ I f S . ! t . I. i I ~~ . ! ! '. ! i f !~ .. .. ~I I [ ~ i s ~ I ~ . . .. ~~~ ,'." , ," ~>:--':: 17F ;f CONDITIONS FOR APPROVAL FOR CU-2008-AR-13786 1, The Conditional Use is limited to what is shown on the site plan, identified as "Unity Faith Missionary Baptist Church Conditional Use," prepared by Gina R. Green, P.A. Civil Engineering, dated July 24, 2009, The final design must be in compliance with all applicable federal, state and county laws and regulations, The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. The uses shall be limited to Church related uses, Day care, weekday private school and retail church store uses are prohibited, (Note: these uses have not been presented in the Traffic Study and therefore have not been analyzed as part of this Conditional Use,) 3. The Church has agreed not to expand worship service trip generation into the multi-purpose building and it shall not increase the seating capacity of the multi-purpose building (educational classes shall not be precluded by this stipulation as they are considered part of the worship service trip generation shown in ITE 8th edition). 4. The County shall not be responsible for the construction of a noise wall along the future Green Boulevard extension adjacent to the Church. If a noise wall is sought by the Church, it shall be at the Church's expense, 5. The conservation easement referenced in Exhibit B of Resolution Number 91-135 is no longer required. EXHIBIT C 17F ACCOUNT #068779 October 16, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2008-AR-13786, Unity Faith Missionary Baptist Church Dear Legals: Please advertise the above referenced notice on Sunday, October 25, 2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 l?F NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, November 10, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF A CONDITIONAL USE TO ALLOW A MULTI-PURPOSE BUILDING AS PART OF A CHURCH FACILITY WITHIN AN ESTATES (E) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.B.1.c.l OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1620 39TH STREET S.W., IN SECTIONS 14 AND 23, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU-2008-AR-13786, Unity Faith Missionary Baptist Church, Inc. represented by Gina R. Green, P.E. of Gina R. Green, P.A., is requesting a Conditional Use NO.1 expansion in the Estates (E) zoning district pursuant to Collier County Land Development Code Subsection 2.03.01.B.1.c.l. The proposed Conditional Use will expand an existing church by adding a l3,100-square foot multi-purpose building to be used for a gymnasium, classrooms, youth fellowship and a kitchen. The subject 5.23 acre property is located at 1620 39th Street S.W., in Sections 14 and 23, 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 addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, 17F which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) October 16, 2009 )~~feQllier CLERK OF THE 6~RCbIT COURT COLLIER COUNTY,tOUR1f10USE 3301 TAMIAMI ~IL EA,ST PO, BOX 4\3044 . NAPLES, FLORlDA'']41O 1-3044 ,lk", ! '1" ! h,~c l7F Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Ms. Gina Green, P.A. 3310 1 st Avenue NW Naples, FL 34120 Re: CU-2008-AR-13786, Unity Faith Missionary Baptist Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 10,2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 25, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK esa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com October 16, 2009 '';~n~or~llier "--''-'~''') \ CLERK OF THE G~RCt.JIT COURT COLLIER COUNTY jtoUR'fJ--roUSE 3301 TAMIAMI ~IL EA,ST Po. BOX 4\3044 \ NAPLES, FLORIDA~4101-3Q44 !k j .J,." ; yt~ }- \ i :~"^'~ 17F Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Unity Faith Missionary Baptist Church P.O. Box 990639 Naples, FL 34116 Re: CU-2008-AR-13786, Unity Faith Missionary Baptist Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 10,2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 25, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polaski, Deputy Clerk Enclosure Phonc (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 17f Teresa L. Polaski To: Subject: legals@naplesnews,com CU-2008-AR-13786, Unity Faith Missionary Baptist Church Legals, Please advertise the following on Sunday, October 25,2009, Thanks ~ CU-2008-AR.1378 CU-2008-AR-1378 6.doc 6.doc Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax iT eresa,Po lask;@eall;erel erk com) 1 Teresa L. Polaski 17F From: Sent; To: Subject Attachments; postmaster@collierclerk,com Friday, October 16, 2009 9:02 AM Teresa L Polaski Delivery Status Notification (Relay) ATT28170.txt; CU-2008-AR.13786, Unity Faith Missionary Baptist Church This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com 1 17F i' Teresa L. Polaski From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews,com] Friday, October 16, 2009 9:23 AM Teresa L Polaski RE: CU-2008-AR-13786, Unity Faith Missionary Baptist Church OK From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk.com] Posted At: Friday, October 16, 2009 9:02 AM Posted To: Legals - NDN Conversation: CU-2008-AR-13786, Unity Faith Missionary Baptist Church Subject: CU-2008-AR-13786, Unity Faith Missionary Baptist Church Legals, Please advertise the following on Sunday, October 25, 2009. Thanks <<CU-2008-AR-13786,doc>> <<CU-2008-AR-13786,doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa,Po laski@collierclerk,com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in re5ponse to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Teresa L. Polaski 17F From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews,com] Friday, October 16, 2009 1 :21 PM Teresa L, Polaski Ad Confirmation UAS151B,jpg ATTACHED please review your notice & confirm approval. Thank you for PUB. Date Publication Ad Number Total Ad Cost Emely Pagan 213-6061 placing your ad. 10/25/09 NDN 1821660 $294.92 1 NOTICE OF PUBLIC HEARING Notice is hereby $lIven that the Board of <:ol..l1ty (omrnl-ssloneors, as the Board 01 Zoning Appe~lls. or Collier County will hold a p'Jblic hearing on Tue:.day, NQ~ vemberl0, 2009, In thi;' Boardroom. 3rd Floor, Administration BLJilding, Collh:r County Government Centp.r, 3301 East Ta- miami Trail. Napl~s, F1onda. The meettng will begin at 9:00 A.M. The title of the proposed r~$I)l:.ltiot1 is as follows: 17F A RESOLUTION Of THE BOARD OF ZON. ING APPEALS Of COLLIER COUNTY. fLORIDA, PROVIDING fOR THE EXPAN- SION 01' ,\ CONDITIONAL USE TO ALLOW A MULTI-PURPOSE BLlILDING AS PART Of A CHURCH fACILITY WITHIN AN ESTATES (E) ZONING DISTRICT PIJRSLlANT TO sua. SECTION 203.01 B Ie 1 Of THE COLLIER COUNTY L,\ND DEVEWI'MENT (ODE fOil f>ROPERTY LOC/\TED AT 1610 39TH STREn S W . IN SECTIONS 14 AND 23, TOWNSHII' 49 SOUTH. RANGE 26 EAn, (OLUER COUNrv, FlOHIDA The Board wdl con!.ld~r Petition: CU- 2008-AR.13786. Uniry Faith Missionary Baptl~t Chu(ch,inc. rli':pres@ntl?d by Gina R_ GreIm, PE. of Gina R Gfl:'e.t'l, P- A, I!\ ri?-- Clue-sting a Conditiorwl USi! No, j ,expdn. ')1011 In the b.S!al~S (El zomng dlstnct pur. 'ilJi)nt to Colll!~r County Land Devel,op. rnenT Code Subsection 2,\13.01.6,1.-(1, The proposed (ond'itional U~ewdl expand an eXisting church by adding a 13. 100~$quilre Tom multi-purpose bliildlng TO bl? used h::H ilgymn.Jslun1, CL:H'iroorn:.:. youth fel. lowshlp and il kltchEm. Tnt? subJ€(t 5,23 acre properly IS located at 1620 39th Street S.W,. Irl 5..c!ion5 14 and 23, Tow-no ship 49 S.outh, Rnnge 26 East, Collili!T County. Florid,]. NOTE ~\ll Person.. wishiJ'l(J to speak Dn any agenda item mu:.t r~l!iiter with the CO\lnty Adminisuator prior to prE'se-nta- tiol1 of thE' agenda item to be- addn~ss@d. Individual speakers will be limited to 5 rninutes on any item, The seleL-rion of an Individual to speak art b@f1;::lI'f at an orga- nization or group is encouraged. If r8e. ogniz~d by the Chair, a spokesperson for i1 group or organization may be allotted , (j nWlute.~ to spilak or. ,m iIen1- Persons wishing to hav@wrimm or graph- It m(lterials ind\ld@d in ttlP Boar~ agenda packE>1.'> must submit s.lld material d min" imlJnl 013 I.'lreeks prior to the- res.pective public hearing,. In any case. written ma. terials intended to be considered by the Board shall be ;,ubmnted to the appropri- ate County ~tJff Zl minimwn1 of 'je....endays prior to the public heiirmg. All mate-rial lJsed in presentations before the Boar-d will become 3 pernvment pan of the re. cord, Any per..cn who decidf'S to appeal a deci. sir,m ot the Board will need a remrdof th~ proc.eedings pertaining thereto and therefore, may need to ensure that aver, batim record of the prO(eedll1~s is made, which record ind~Jdes the testImony and t~vjden(e ~IPorl which the appeal is based. If you are a person with <:I disability who needs an)' Jccommodation in order to participate In this proceeding, you ar~' en- titled. i.n no tos,t to YOll, to the provi.$ion of certain a~i'iitance, Ple<'!se r:cnlact the Collier County Facilities Management De- partment. locJted at 3301 Tamiami Trad Ea5C Building W, Nilp!es, Florida 34112. (239}252-8380, AS$is.ted listening devices Tor the hearing impaired are available in the COtJnty Commissioners' Office, aOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS (OLLlER COUNTY, FLOR1DA DONNA FIALA, CI"1AIRMAN DWIGcrr E, BROCK, CLERK By: Tere-sa Polaski, Deputy Clerk (SE,\Ll O(tober b No'1821660 17F Teresa L. Polaski From: Sent: To: Subject: Naples Daily News [naplesnews@clicknbuy,com] Sunday, October 25, 2009 12: 11 AM Teresa L Polaski Thank you for placing your classified advertisement Ad # 1821660 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, November 10, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, The meeting will begin at 9:00 AM, The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF A CONDITIONAL USE TO ALLOW A MULTI-PURPOSE BUILDING AS PART OF A CHURCH FACILITY WITHIN AN ESTATES (E) ZONING DISTRICT PURSUANT TO SUBSECTION 2,03,01,8,1,c' 1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1620 39TH STREET S,W" IN SECTIONS 14 AND 23, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA The Board will consider Petition: CU-2008- AR-13786, Unity Faith Missionary Baptist Church, Inc, represented by Gina R. Green, P,E. of Gina R. Green, P.A, is requesting a Conditional Use No, 1 expansion in the Estates (E) zoning district pursuant to Collier County Land Deve]opment Code Subsection 2,03.01,8.1 ,c, I. The proposed Conditional Use will expand an existing church by adding a 13,1 OOsquare foot multi-purpose building to be used for a gymnasium, classrooms, youth fellowship and a kitchen. The subject 5,23 acre property is located at 1620 39th Street S,W" in Sections 14 and 23, 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 addressed, Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item, Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing, All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision ofthe Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance, Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, F]orida 341 ]2, (239)252-8380, Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E, BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) October 25 Nol821660 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online 1 17F shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video/audio of your item. To login to the New Ad Wizard use your e-mail address and existing password. Go to: http://secure,adpav.com/adwizard login,aspx?I=1500l567 , if this link is inactive, cut and paste it into your browser address window, If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700 Thank you for using naplesnews.com Online Classifieds, 2 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+---- BCC/ZONING DEPARTMENT CLERK OF CIRCUIT CRT SARA SCHNEEBERGER POBOX 413044 NAPLES FL 34101 REFERENCE: 068779 59594073 P.O. #4500096189 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/25 10/25 17F N01IfCI!OfI\lOl'C...~ ,',' ,......,.'.. ~( : ~l~ 11~~~;lh(8oard of ~" , " 'lSi'. BoIrd of Zoning Aaoeats, of Collier County will holdil pUblic nearlng on TuesdaY, No- vember 10. ,~m the ,.I:droom, 3rd Floor, - AdJnlnlmatlQ/\ B(irldlng, Collier County Government Center,. 3:301, East fa- mlamf TraU, Nlpl.. F1efldl.The mHting ~p~tlt 9100. ""...M. The.tttll of the , '" ,{eSOlutlon1s~t~,jl~:) A: ~ESOlUTl0NoF THE'BOAlllD OF ZON- ING F ReOUm, f ,bPM- ..- AAT (I' mAm ro<SUB- THE COlOER NT CODE FOR t',1,20 39TH 14 AND 23, ~:'AAJlGe26 EAST, ,,~()fHDA.," . ~-- ~"," . .,';.~ " "N,QTt:-<AIJ,~,__"tesp...kon 'arry..liI'ttem musfI'ttpfer ~ the Coun~ AdmInistrator prior to pre;senta- tk>n"." ".... _ Item t~ be "'_od. ~,.,,~ willtse'limlted to 5 mlfJUteli bl'i'.ny Item:-; The'itlectlon of an Individual to speak on behalf of an orga- .':; ~~I~~rs:n ~ ._ , ,'or aflIlnliatJon- .. be allotted 10mlnuttitospeikon:anlwn.' . to haYeWritten'or graph- .tQard. agenda . t.a mln- _""thef""",,,w ~'YiI'It(\enma- " by'" 8 _'.. . . tc e Ipproprl- J1lI~_SWff . mlnlrnwm of ~n days __tOthII.~ ~11'\!l~A11 mlterral 1.~~ts6"lltkirC,'-.iMfI:)r6. the.. 80ard :',.' . _ . '. ;Ipetmenent:,-ptft.-.-efthe re-- ii._~~~J b8t1rri.l'1IIGOI't'I,Oftthe~.ttmade, ~,r.coI'(Hnd.:.'thI twfImol'l, and evl~upon'whichtM__I-Is_.blsed. . AD SPACE: 99 LINE FILED ON: 10/26/09 ::~~~:~~:-~:-~:::~~:---~~-~-----+---_. , IiOAR'o OF 00uJrrnty00MMlSSIONER5 ~~.~~.=' DONNA FIAlA, CHAIRMAN 2W!''-'.''-''. k a1:-....~~....?;': I'WfttwM-H- . . ,Nn'.'-'aM Sworn to and Subscribed before me this ~q ~ day of Dc\o\'~..- Personally known by me 20<3'\ ",,111,,_, .~m'<'" ""';-;C. KAROL E KAt ,AS !. .. ,.. j Notary Public. State of Florida \~ '$.,i My Comm. Expires Jul 29, 2013 "~"~:'l' Of f\(f,....... Commission # DO 912237 -",,,,,, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 ? THE BOARD.OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE F Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ofti.ce. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of tile Chairman's signature, draw a line throUl!:h routine lines # I throueh #4, comolete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routin2 order) 1. Judy Puig CDES Administration ( ~ \ljlb jD~ 2. 'v 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County 1P- \ql~ Commissioners O~ 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Nancy Gundlach, AICP Contact Agenda Date Item was November 10,2009 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Resolution Number of Original Documents Attached 239-252-2484 17 F Yes (Initial) N/A (Not A licable) L INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pagcs indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved hy the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chao es, if a licable. ~. Ylc ~l 2. 3, 4, 5, 6, I: Forms! County Fonns! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2405 17F MEMORANDUM Date: November 16,2009 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2009-270: Unity Faith Missionary Baptist Church Enclosed please find one copy of the document referenced above, Agenda Item #17F, adopted by the Board of County Commissioners on Tuesday, November 10, 2009. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure RESOLUTION NO, 09- 270 17F A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION OF A CONDITIONAL USE TO ALLOW A MULTI- PURPOSE BUILDING AS PART OF A CHURCH FACILITY WITHIN AN ESTATES (E) ZONING DISTRICT PURSUANT TO SUBSECTION 2,03,OLB,Ld OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1620 39TH STREET S,W., IN SECTIONS 14 AND 23, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No, 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, by Resolution Nos, 91-135 and 92-49, copies of which are attached hereto as Exhibit "A-I ", the Board of County Commissioners approved a provisional use for a church and church related facilities in accordance with a conceptual master plan, subject to a number of conditions; and WHEREAS, Unity Faith Missionary Baptist Church, Inc. has filed Petition Number CU-2009- AR-13786 requesting an expansion to the Conditional Use to allow a 13,IOO-square foot multi-purpose building; 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 an expansion of a Conditional Use to allow a 13,100-square foot multi-purpose building as part of a church facility within an Estates (E) Zoning District pursuant to Subsection 2,03,OLB,Lc,1 of the Collier County Land Development Code and Resolution Nos. 91-135 and 92-49 on the property hereinafter described, and the Collier County Planning Commission has made findings that the expansion of the Conditional Use will not adversely affect the CU -2008-AR.13 786 REV, 8/28/09 lof3 17F 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 I 0,08,00.D, of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-2009.AR.13786 filed by Gina R, Green, P,E., representing Unity Faith Missionary Baptist Church, Inc" with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for an expansion of a Conditional Use for a I3,IOO-square foot multi- purpose building as part of a church facility within an Estates (El Zoning District pursuant to Subsection 2,03,0 I ,B, I ,c. I of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the previously required conditions set forth in Resolution No, 91-135 together with the conditions set forth in Exhibit "c", Exhibits "A-I", "A", "B" and "c" are attached hereto and incorporated herein by reference, BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces both Resolution Nos, 91-135 and 92-49, excepting the conditions set forth therein, which are incorporated by reference into this Resolution, 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 10 day of ~OV€\Y\bev ,2009, A TTESii:!( . , .~ .' .. . /. DWIGHT E. BROCK, CLERK , BOARD OF ZONING APPEALS COLLIERF;OUNTY, FLORIDA ~ By: j I) _. 'fr"">r:rr..... . ,,;./~ ct. /~ . , DONNA FIALA, Chairman "-;', ./,; . .' , . UJIIlltllN 01\' . CU-2008-AR-13786 REV, 8/28/09 20f3 17F-1 Approved as to form and legal sufficiency: ~-7.~jJ '0~r\o"\ ~-rHeidi Ashton-Cicko Section Chief, Land U se/Transportatiol1 Exhibits attached: A-I, Resolution No. 91-135 and No. 92-49 A Legal Description B, Conceptual Site Plan C Conditions 09-CPS.00949/29 CU-2008-AR-13786 REV, 8/28/09 30f3 JAN 2 8 1992 RESOLUTION 91--115 .. -: RELATING TO PETITION NO. PU-90-26 FOR PROVISIONAL USE OP PROPERTY. HEREINAFTER DESCRIBED IN COLLIER CO~Y, FLORIDA. WHEREAS, the Legislature of the state of Florida in chapter 67-124~,' Laws ot Florida, and Chapter 125, Florida statutes, has con~.rr8d on Col1ier-County-the power to establish, coordiryate and enforce zoning and such business regulations as are necessary" tor the protection ot the public; and WHEREAS, the County pursuant thereto has adopted a coMprehensive Zoning Ordinance establlshinq regulations tor the zoning ot particular geographic divisions ot the county, among which Is the granting of Provisional Uses; and WHEREAS, the collier County Planning commission, being the duly appointed and constituted planning board tor the area hereby affected, has held a pUblic hearing after notice as in .aid regulations made and provided, and" has considered the advisability ot provisional Usa "a" in the DE" (Estates) zone ~or a churph and church related facilities on the property hereinafter described, and has round as a matter at tact (Exhibit "A"' that satisfactory provision and arrangement has been made concerninq all applicable matters required by said regulations and in accordance with Section 13.1.d of the Zoning Regulations tor the Collier County Planninq Commission; and WHEREAS, all interested parties have been qiven opportunity to be heard by this Board in a public meeting assembled and the Board havinq considered all matters presented. NOW, THEREFORE BE XT RESOLVED, BY THE BOARD OF ZONXNG APPEALS ot Collier County, Florida that the petition tiled by Nano J. Spagna at Florida Urban Institute, Inc., representing Unity Faith Missionary Baptist Church with respect to tha property hereinatter described as: Tract 165;. Golden Gate Estates, Unit 27, according to Plat ~hereot, recorded in Pla~ Book 7, Page 17, of the Public Records or Collier county, Florida. . om...,! 32 EXHIBIT A-1 Page 1 of 7 17F JAN 2 8 1992 b. and the aame is hereby approved tor provisional Us. "a" at the "E" (Estates) zoning district for a church and church related facilities subject to the following conditions: Exhibit "8" which i. attached hereto and incorporated by reference herein. o!-~. BE IT FURTHER RESOLVED that this Resolution be recorded in the .inutes ot this Board. Commissioner Saunders offered the ~Dr.9Qlnq Resolution and "moved tor its adoptIon, lI.canded by C01mIlssioner Goodni~ht and upon roll call, the vote vu. AYES: Commissioner Saunders, Commissioner Goodnight, Commissioner Shanahan. Commissioner Volpe, and Commissioner Hasse !lAYS.. ABSENT AllD NOT VOTXNG: ABSTEIl'l'XON: Done this Sth day of February 1991. .. BOARD OF ZONXNG APPEALS COLLXER COtlNTy. PLORl:DA c .' '-~. :. ..... , ~" . .~\)~~J 0.".. .....lo~'. .;'-,.. . ..') # ,,'. .,11'.( ...... I. ... ..; . ... 't? . .;1< -,...... .,.. ";::1:\. :.",:;,' .... 'I"'~ '~}j.' . .IT:tES'.r" . " -:,.. .~, :D)IEs., c. GUE;I, ""CLERK :/..,; \:"::!:. '/.~ .~... ~r '" ~ t....... .J/'~ L'" :.,.. .. .") . ~ ..... . I,. .. '..:\.' /,AP RO~,~~O FORM AllD LEGAL SUFFICIENCY: .......',.. ~ " ,;,~.. ,I ... '. ~y. "'f<1'i' 1;".".. ORU ~ENl' ~ ~ r: ASSXSl'AII"1' COUNTY ATTORNEY ~. A ,#:::, By.9&:.~Q......~ CHAI PO-90-26 RESOLUl'XON nb/4655. . U(;O'I\, 33 EXHIBIT A-1 Page 2 of 7 j;. i'" ,h ~-. I:' k .* J'K /r " JAN 2 B 1992 . . ~"'''. FINDING OF FACT BY . COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR PU-90-25 The following tacts are found: 1. Section '.10 b.3H..l of the Zoning Ordinance .u~hori%ed the provisional USe. 2. Granting the provisional Use vill not adversely affec~ ~h. public' interest and viII not adversely affect other property or uses in the same district or nei~hborhOOd because of: A. Consistency with the Comprehensive Plan: ComplIes Wi~comprehensive Plan Yes._ No_ . B. Ingr.s. 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 inC}.t'e!ls &. egress ., Yes - """'" No ----- ----- . C. ' Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _____ Affect ~itigated by _____ Affect cannot be ~itigated D. General compatibility with adjacent properties and other property in the district: Compatibl~ Use within district . Yes '^- No ----- - Based on the above findings, this provisional Use should, ~ with atipulations, (copy attached) [.., .:.t) .be -..,... recommended for approval \ : II .\ ~ _ ."\ _. DATE: {~7//CJ/ CHAIR~: \.j~ I ~ FINDING OF FACT CHAIRMAN ~XRI.'-{JGO ~;\! 3.f EXHIBIT A-1 Page 3 of 7 17F 17F JAN 2 8 1992 '. AGREF.M~ I, Heno J. Spagna, or Florida Urban Institute, I~c., as authorized agent Lor Petition PU-90-26, agree to the fc~~owing stipulations rsqusatad by the Collier County Planning casaission in their public hearing on January 17, 1991. 1.. PLANNING SERVICES: a. Expansion ot the us.. identified and approved within this Provisional Us. application, or .ajar changes to the site plan submitted a. part ot this application, shall require SUbmission ot a new Provisional Ua. request and shall eomply with all applicable County ordinanc.. in aftect at the time ot submittal including Section 10.5 at Collier County Zoninq Ordinance No. 82-2. 2. WATm KANAGEMF.lM' ANn ENGIN'EE'RTNGr a. DesIgn and construction ot all improvements shall be subject to compliance with the appropriate provisions o~ the Collier County Subdivision Requla~ion.. b. This project shall be Ordinance in attect at documents are submitted required to meet all County the time tinal construction tor development approval. c. A portion, not exceed 70t ot the required parking, may be developed with a grass sur~ace per the Collier County Zoning Ordinance Section 8-12C. The driveway aiSles, however, shall be paved. All parking must be considered paved tor stormwater pUrposes. 3. ENvIRONMENTAL: a. Prior to preliminary Site Development Plan approval, Project Review Services Environmental Statt shall tield verity and approve County wetland juriSdictional areas which _hall b. tla9ged by the petitIoner. These approved wetland juriSdictional areas shall be designated as Conservation Easements whIch shall be recorded in the otticial County Records prior to tinal Site Development Plan approval. As part ot the water manaqement system tor this site, all required atormwater retention shall be directed into these preserve areas after a 112 inch dry water quality pre-treatment. . omw.. 35 Exhibit. "B" EXHIBIT A-1 Page 4 of 7 z ,1~N ? 8 1992 ". 4. TRANSPORTATION: a. The road impact f.. shall b. aa ..t rorth in Ordinance .5-55, aa amended, and shall be paid at the time bUilding permits are issued unless otherwise approved by the Board ot County commissioners. ~~.f,_ . PETITIONER lJa ~~ .-...J ",::23 _. SUBSCRXBED BEFORE HE THIS , 1991. c;;~~ A NpTARY /"") ~ ~~'r~ EXPIRES: ~'~..I.lll!:fr.ura",~ -~--... ..~ tOtlllD"""_IO&.I--::::i.OO2 '0"0"'" SWORN TO AND OF, {)~".""1 SUBSCRXBED BEFORE HE THIS } a t!.- , 1991. tt ,,','.~ Ie:"- ~..:rv NOTARY SEAL CU"'It"'lu ". lrr:Af:t~t(J ,,;'r tr'ter,,,.. .ft"1Cr, h:.W'.. . ..." 11,1", ....1'1 It:. ~.st. MY CO~ISS~ON EXPIRES: "~If.'-""". ..~ AGREEMEIIT SHEET . OOOrm' 36 -2- EXHIBIT A-1 Page 5 of 7 DAY DAY JAN 2 8 1992 RESOLUTION 92-~ RELATING TO PETITION NO. PU-90-26 FOR EXTENSION OF CONDITIONAL USE OF PROEPRTY HERINAFER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature o~ the State o~ Florida in Chapter 125, Florida Statutes, has con~erred on all Counties in Florida the paver to establiSh, coordinate and en~orce 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. 91-102) vhich establishes comprehensive zoning requlations for the zoning o~ particular . divisions of the County, among vhich is the granting and extending the time period o~ Conditional Uses formerly known as Provisional 0...; and WHEREAS, on February 5, 1991, the Board of County Commissioners enacted Resolution No. 91-135, vhich granted a provisional use now known as a conditional use pursuant to .ordinance No. 91-102, for a church and related church facilities, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of zoning Appeals may extend the one (1) year time period for a conditional use which has not been cOIDIlencedi NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that the written request of Dr. Neno J. Spagna Of Florida Urban Institute, Inc. representing Unity Faith Kissionary Church for the first of three (3) permitted one (1) "year extensions, in interest of the following described property: Tract 165, Golden Gate Estates, Unit 27, according to Plat thereof, recorded in Plat Book 7, Page 17, of the Public Records of Collier County, Florida. is hereby approved pursuant to Subsection 2.7.4.5, of the Land Development Code (Ordinance No. 91-i02) and the expiration date for . OGO,lGt 30 -1- EXHIBIT A-1 Page 6 of? ! 17F JAN 2 8 1992 Resolution No. 91-135, attached hereto and incorporated herein as Exhibit "A" and all conditions applicable thereto is extended hereby ~or one year until February 5, 1993. BE IT FURTHER RESOLVED that this Resolution be recorded in the .inuteso~ this Board and in the records of the Petition for which the ext~ion is granted. .' COmza1...ioner !lasse o~~ered the foregoing Resolution and moved for its adoption, seconded by Commissioner Shanahan , and upon roll call, the vote was: AYES: CaIm1ssioner !lasse. Coamissioner Shanahan. CaIm1ssioner Saunders. and Ccmn1ssioner Volpe IfAYS: - .-'_ ABSENT" AND NOT VOTING: CamIlss10ner Goodnight AB~ON: Done this 2llth day of January , 1992. BOARD OF CO~ER. BY: '(h- , CHAIRMAN 'j, ,.' . , ,:"'/' A~:(j~lRiJ 'I "'. 'l." JAHtS:.C. GIL.tsl"~ 'I..-.~': . "t' ........ 4JL. LEGAL SUFFICIENCY: PU-90-26 EXTENSION RESOLUTION nb/7151 . Ooo'J"[ 31 -2- EXHIBIT A-1 Page 7 of 7 f LEGAL DESCRIPTION FOR CU-2008-AR-13786 17F ALL OF TRACT 165, GOLDEN GATE ESTATES, UNIT NO, 27, recorded in Plat Book 7, pages 17 and 18 of the Public Records of Collier County, Florida EXHIBIT A ~ --(Ioi).=w~" '";;."Ul,," 'N331191iWlIO - --I ~ 1!!1L~<.~ ~ I ! ! 5 -Bl."~ --- ...:wu.....,......"'.--...........:i<EI -- > , ".' ,"'~ 1 ...... """ ~ ,-" ."- . 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" ~ [ m i ~ z . . ~ ~ ~ ~ ~. :; z ~ ~Ii o . ~ ., !II l- iD :r: >< w ~ ~ z o , ~6" ~. 8~ .~ '. Ii. ~~ CONDITIONS FOR APPROVAL FOR 17F CU-2008-AR-13786 1, The Conditional Use is limited to what is shown on the site plan, identified as "Unity Faith Missionary Baptist Church Conditional Use," prepared by Gina R. Green, P.A. Civil Engineering, dated July 24, 2009. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. The uses shall be limited to Church related uses. Day care, weekday private school and retail church store uses are prohibited. (Note: these uses have not been presented in the Traffic Study and therefore have not been analyzed as part of this Conditional Use,) 3. The Church has agreed not to expand worship service trip generation into the multi-purpose building and it shall not increase the seating capacity of the multi-purpose building (educational classes shall not be precluded by this stipulation as they are considered part of the worship service trip generation shown in ITE 8th edition). 4. The County shall not be responsible for the construction of a noise wall along the future Green Boulevard extension adjacent to the Church, If a noise wall is sought by the Church, it shall be at the Church's expense, 5. The conservation easement referenced in Exhibit B of Resolution Number 91-135 IS no longer required. EXHIBIT C