Resolution 2002-435
178
RESOLUTION NO. 02-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE "7" FOR A CHURCH AND OTHER PLACES OF
WORSHIP IN THE "A-MHO" ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48
SOUTH, RANGE 27 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. 91-102, 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 Collier County Planning Commission, 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 Conditional Use
"7" of Section 2.2.2.3 in an "A-MHO" Zone for a church and other places of worship on the
property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the
Collier County Planning Commission; 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:
The petition, identified as CU-2002-AR-1943, filed by Terrance L. Kepple, of Kepple
Engineering Inc. representing Golden Gate Seventh Day Adventist Church stating with respect to
the property hereinafter described as:
Exhibit "B"
which is attached hereto and incorporated by reference herein be and the same is hereby
approved for Conditional Use "7" of Section 2.2.2.3 of the "A-MHO" Zoning District for a
church and other places of\'/orship in accordance with the Conceptual Master Plan (Exhibit "C")
and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
179
Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote.
Done this ~ d. ~ day of () Q... 105 E R....
,2002.
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Leg~i 'Su'tii'ciency:
~
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY.J~~~
Patrick G. White
Assistant County Attorney
Attachments: A.
B.
C.
D.
Findings of Fact
Boundary Survey and Legal Description
Conceptual Master Plan
Proposed Conditions
CU-2002-AR-1943/KDno
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Co
Yes ~ No
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
Do
~ No affect or Affect mitigated by Affect cannot be mitigated
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,
~ be recommended for approval
DATE:_ q' i~-b~L CHAIKM-a~:
with stipulations, (copy attached)
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-194)
17B
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~ No ..
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Yes ~ No~
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or ~ Affect mitigated by
Affect cannot be mitigated
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)
(should not) be recommended for approval
EXHIBTr A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943_
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~. No .
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Yes ~i~ No
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)
(should not) be recommended for approval
DATE:. q" I ~ .~0t,..- (~ffi~: ' I '
EXHIBTr A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943_
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public' interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
B. ~gress 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
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
affector Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other property in the district:
Compatible use within district
No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943
17B
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~' No~
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Co
Yes ~... No~
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~
DATE: ~f~ J C~ / ° ''~--
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval ~~_~
EXHIBTT A
17B
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITIO,N
FOR
CU-2002-AR-1943.
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
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
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~No affect or ,.. Affect mitigated by Affect carmot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-194_3
178
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes /No~
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate in?y egress
Yes w. No ...
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)
(should not) be recommended for approval
DATE:~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943.
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
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:
Co
Adequate ingress & 9gress
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
o affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
EXH~'Brr' A
~. Vegeta~
RECEIVED
HAR 2 5 2002
Proposed
Church
Fellowship,
Classrooms
Plarming Services
GOlden Gate
7th Day Adventist
Propo'sed Church
500 seats
Parking Required
5 Spaces per 7
seats
500/7 x 5=214
Parking. Pro.vided
222 spaces
Setbacks
Front 50'
Side .30'
Rear 50'
Retention Area
3t2.23, S ~d,5~'2~' W
Golden Gate
?th D~y Advent~i~t
CU-2002-AR-1943
Exhibit C
SEVENTH DAY ADVENTIST CHURCH; CU-2002-AR-! 943
CONDITIONS OF APPROVAL
1. The conditional use approval to allow a church and other places of worship is limited to a maximum
of 500 seats and a maximum of 15,000 square feet in two buildings that will be no larger than 70 feet by 100
feet and 80 feet by 100 feet. The use is further limited to what is depicted on the site plan identified as
"Golden Gate 7th Day Adventist" prepared by Kepple Engineering, Inc., dated 6/13/01, stamped "Received
March 25, 2002", except as further conditioned below.
2. Pdor to submittal for any development approvals, the developer must re-design the site plan to show
the following buffers:
a) a minimum Type D buffer along the western boundary (Rivers Road) and the southern
boundary (Ramsey Road) except that in that area shown as "existing vegetation to remain."
In that area, the developer is only required to augment the existing vegetation as may be
necessary to meet Type D standards.
b) a 30' wide landscape buffer along the east property line to conform to the following: All existing indigenous vegetation must be preserved.
Re-grading of land or water management uses in this area in excess of a one-foot
re-grading is prohibited within this buffer area.
,~ A double row native (indigenous) hedge consisting of plantings of at least five foot
in height above the adjacent parking lot pavement surface shall be planted at 36"
on center. This hedge must be maintained at a height of no less than six-foot in
height above the adjacent parking lot pavement surface. No fence or wall is
required.
Existing tree canopies with gaps greater than 25 linear feet shall be supplemented
with native Type B landscape buffer trees located to fill such gaps. The
augmentation must be in place prior to the issuance of a certificate of occupancy.
3. The developer must provide confirmation of access rights on Rivers Road, pave the entire length of
Rivers Road from Immokalee Rd to the southernmost property line prior to the issuance of a certificate of
occupancy, and provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line.
4. The area shown as "Existing Vegetation to remain" must be preserved in its existing state, except
that exotics must be removed in compliance with condition #5.
5. An exotic vegetation removal, monitoring and maintenance plan that will maintain the site exotic-free
in perpetuity must be submitted to Planning Services Section Staff for review and approval as part of the
Site Development Plan submittal.
6. The conditional use will expire three years from the date of grant, if by that date the use for which
the conditional use was granted has not been commenced; and further, the conditional use will expire one
year following the discontinuance of the use for which the conditional use was granted unless the site was
improved and or structures built for the specific uses approved by a conditional use and which cannot be
converted to a use permitted by the underlying zoning designation of the site.
7. Should the parcel to the west develop before this parcel, this parcel's access point must be re-
designed to align with that access point.
8. Parking must be provided in compliance with the LDC requirements, in effect when site development
approval is sought.
9. No variances from any LDC requirements have been granted as part of the acceptance of the
subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the
site plan must be brought into compliance prior to the issuance of any site development plan approval.
Revised 9/18/02
CU-2002-AR-1943
Exhibit D
G:\Current\Deselem\Conditional Uses\7th Day Adventist Church CU-2002-AR-1943\proposed conditions.doc
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Yes ~ No~
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
EXHIBTT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943.
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~ No~
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Yes ~ ....No .
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or Affect mitigated by
Affect cannot be mitigated
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)
(should not) be recommended for approval
DATE:_ 9//~/z9 '2-
EXHIBTT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943.
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and Growth Management Plan:
Yes ~... No~
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Yes ~.... No
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 v~
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval ~_
DATE: q' I~ ~01.... (~=/Pl~I~I;tt~: , I '
EXHIBI'T A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943_
17B
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
lqo~
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
No _
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~affect or Affect mitigated by Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
(~ No _
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR- 1943
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
Yes v No
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
DATE:_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval ~~~
EXHIBTr A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943.
I?B
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, Waffle flow and control, and
access in case of fire or catastrophe:
Adequate ingress & egress
(~ No .....
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~No affect or Affect mitigated by Affect c---'~ot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district ~ No~
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
EXH'rBZI' A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943
178
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~No ~
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe:
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or __ Affect mitigated by Affect cannot be mitigated
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)
(should not) be recommended for approval
DATE:~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1943.
The following facts are found:
1. Section 2.2.2.3.7. of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
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:
Co
Adequate ingress &/egress
No
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
o affect or Affect mitigated by Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
EXHIBTT A
r~0
~£ IA 9~,£~°99 S
· o~/ o~.......___
.6 6'11 ~
CU-2002-AR-1943
Exhibit B
N L~t-~?'18' F'
Vegetation'
RECEIVED
NAR 2 5 2002
Planning Services
GOlden Gate
7th Day Adventist
PropO'sed Church
500 seats
Parking Required
.3 spaces per 7
seats
500/7 x .3=214
Parking. Pro.vided
222 spaces
Setbacks /
Front 50' ~
Side 50'
Reo.r 50'
Proposed
Church
Fellowship,
Retention Area
312.23. $ 86d53'26' W
Golden Gate
7th Day Adventist
Golden Gate
'/th Day Adventist
Site Plan
CU-2002-AR-1943
Exhibit C
SEVENTH DAY ADVENTIST CHURCH; CU-2002-AR-! 943
CONDITIONS OF APPROVAL
1. The conditional use approval to allow a church and other places of worship is limited to a maximum
of 500 seats and a maximum of 15,000 square feet in two buildings that will be no larger than 70 feet by 100
feet and 80 feet by 100 feet. The use is further limited to what is depicted on the site plan identified as
"Golden Gate 7th Day Adventist" prepared by Kepple Engineering, Inc., dated 6/13/01, stamped "Received
March 25, 2002", except as further conditioned below.
2. Prior to submittal for any development approvals, the developer must re-design the site plan to show
the following buffers:
a) a minimum Type D buffer along the western boundary (Rivers Road) and the southern
boundary (Ramsey Road) except that in that area shown as "existing vegetation to remain."
In that area, the developer is only required to augment the existing vegetation as may be
necessary to meet Type D standards.
b) a 30' wide landscape buffer along the east property line to conform to the following: All existing indigenous vegetation must be preserved.
Re-grading of land or water management uses in this area in excess of a one-foot
re-grading is prohibited within this buffer area.
· , A double row native (indigenous) hedge consisting of plantings of at least five foot
in height above the adjacent parking lot pavement surface shall be planted at 36"
on center. This hedge must be maintained at a height of no less than six-foot in
height above the adjacent parking lot pavement surface. No fence or wall is
required.
Existing tree canopies with gaps greater than 25 linear feet shall be supplemented
with native Type B landscape buffer trees located to fill such gaps. The
augmentation must be in place prior to the issuance of a certificate of occupancy.
3. The developer must provide confirmation of access rights on Rivers Road, pave the entire length of
Rivers Road from Immokalee Rd to the southernmost property line prior to the issuance of a certificate of
occupancy, and provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line.
4. The area shown as "Existing Vegetation to remain" must be preserved in its existing state, except
that exotics must be removed in compliance with condition #5.
5. An exotic vegetation removal, monitoring and maintenance plan that will maintain the site exotic-free
in perpetuity must be submitted to Planning Services Section Staff for review and approval as part of the
Site Development Plan submittal.
6. The conditional use will expire three years from the date of grant, if by that date the use for which
the conditional use was granted has not been commenced; and further, the conditional use will expire one
year following the discontinuance of the use for which the conditional use was granted unless the site was
improved and or structures built for the specific uses approved by a conditional use and which cannot be
converted to a use permitted by the underlying zoning designation of the site.
7. Should the parcel to the west develop before this parcel, this parcel's access point must be re-
designed to align with that access point.
8. Parking must be provided in compliance with the LDC requirements, in effect when site development
approval is sought.
9. No variances from any LDC requirements have been granted as part of the acceptance of the
subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the
site plan must be brought into compliance prior to the issuance of any site development plan approval.
Revised 9/18/02
CU-2002-AR-1943
Exhibit D
G:\Current\Deselem\Conditional Uses\7th Day Adventist Church CU-2002-AR-1943\proposed conditions.doc