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Backup Documents 10/13/2009 Item #17C17C 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, etc.) Originating Dept/ Div: CDES. /Zoning Person: Melissa Zone Date: Petition No. (If none, give brief description); CU- 2009 -AR- 14231, P ce theran Chruch Petitioner: (Name & Address): Ms. Brooke Gabrielson, Wilson ' , 3200 Bailey Lane, Suite 200, Naples, FL 34105 Name & Address of any person(s) to be notified by Clerk's Office: (11 more space is needed, attach separate sheet) Mr. Fred Grundeman, Peace Lutheran Church, 5659 Strand CT, Naples, FL 34110 Hearing before BCC BZA Other Requested Hearing date: October 13,20Q2 Based on advertisement appearing IS days before hearing Newspaper(s) to be used: (Complete only it important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU- 2009 -AR- 14231, Peace Lutheran Church of Naples, Inc., represented by Margaret Perry, AICP of Wilson Miller, Inc., and R. Bruce Anderson of Roetzel & Andress, LPA, requesting three Conditional Uses for a church, child care center, and private school in the Rural Agriculture (A) zoning district pursuant to subsection 2.03.0l.A.I.c., of the Land Development Code. The subject property is located at 9824 [mmokalee Road (CR -846), in Section 25, Township 48 South, Range 26 East, Collier County. Florida. ; Companion petition(s), if any & proposed bearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs PO Number: 4500096189 for Account Number: 068779 Reviewed by: 4—p� Division rator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division (lead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ####### A#######* AAAA#A# k####*## AA*# A*###**#*##*#*#*#*#***#*#***#### A### * # ## # # # # *# # # # #t# # * # # # # ### # ## #�• FOR CLERK'S OFFICE USE ONLY: Date Received'��Date of Public hearing: 10 �te Advertised: C 1 47C RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH, CHILD CARE CENTER, AND PRIVATE SCHOOL WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.1.c OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 9824 IMMOKALEE ROAD IN SECTION 25, TOWNSHIP 48 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, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a church, child care center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0l.A.I.c of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board ifs 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: CU -09 -AR -14231 REV. 8125/09 1 of 2 r s• i 17C Petition Number CU- 2009 -AR -14231 filed by Margaret Perry, AICP of WilsonMiIler, Inc. and R. Bruce Anderson of Roetzel & Andress, LPA, representing Peace Lutheran Church of Naples, Inc., with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for a church, child care center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0l.A.I.c of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C ". Exhibits "A ", "B" and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super- majority vote, this day of , 2009. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA �0 , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Steven T. Williams s o Assistant County Attorney Exhibits attached: A. Legal Description B. Conceptual Site Plan C. Conditions 09-CPS-00938/17 CU -09 -AR -14231 REV. 8/25/09 2 of 2 i 17t LEGAL DESCRIPTION THE WEST 352.48 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF; FURTHER LESS AND EXCEPT THAT PORTION CONVEYED TO COLLIER COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3287, PAGE 2061, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA. jv CIM 3M WN 00 Lot or all Wz BPI kin 17C CU- 2009 -AR -14231 Peace Lutheran Church Conditions of Approval 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B), included in the application. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The applicant will be required to contribute proportionate share cost for at -grade intersection and signalization improvements at Collier Boulevard (CR -951) and Immokalee Road (CR -846), identified in the County's work program as project number , at such time as the applicant submits a Development Order application for a school or child care center. 3. The project's site generated trips shall not exceed 2,336 total daily two -way trips, and 350 adjusted PM peak two -way trips for any combination of the allowed uses which was included in the applicant's Traffic Impact Statement (TIS) approved as part of this petition. 4. The applicant must provide for traffic control via the use of local law enforcement agencies, upon request by Collier County Transportation Department or the Collier County Sherriffs Department, at any location that is determined by either entity to mitigate operational or safety deficiencies as a result of this project's peak -event traffic. 5. The actual height of structures shall not exceed fifty feet (50'). Revised 9/9/2009 Exhibit C 17C ACCOUNT #068779 September 21, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU- 2009 -AR- 14231, Peace Lutheran Church Dear Legals: Please advertise the above referenced notice on Sunday, September 27, 2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500096189 17C 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, October 13, 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 ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH, CHILD CARE CENTER, AND PRIVATE SCHOOL WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.Ol.A.l.c OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 9824 IMMOKALEE ROAD IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU- 2009 -AR- 14231, Peace Lutheran Church of Naples, Inc., represented by Margaret Perry, AICP of Wilson Miller, Inc., and R. Bruce Anderson of Roetzel & Andress, LPA, requesting three Conditional Uses for a church, child care center, and private school in the Rural Agriculture (A) zoning district pursuant to subsection 2.03.Ol.A.c., of the Land Development Code. The subject property is located at 9824 Immokalee Road (CR -846), in Section 25, Township 48 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, which record includes the testimony and evidence upon which the appeal is based. 17C 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: Ann Jennejohn, Deputy Clerk (SEAL) U -01 ier CLERK OF THE GIRMIT COURT 1URIHOUSE Clerk of Courts ,IL EAST Accountant )44 4101 -3044 Auditor Custodian of County Funds Dwight E. Brock COLLIER COUNTY,C g 3301 TAMIAMI' Clerk of Courts P.O. BOX 4 NAPLES, FLORIDA September 21, 2009 WilsonMiller, Inc. Ms. Brooke Gabrielson 3 200 Bailey Lane, Suite 200 Naples, FL 34105 17c Re: Petition: CU- 2009 -AR- 14231, Peace Lutheran Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 13, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 27, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk @collierclerk.com nt,- ,O -f "I ier 17C CLERK OF THE C -RCIT COURT Dwight E. Brock COLLIER COUNTY: OUR ,HOUSE Clerk of Courts 3301 TAMIAMI f IL EAST Clerk of Courts P.O. BOX 41.3044 Accountant NAPLES, FLORIDA' 4101 -3044 Auditor Custodian of County Funds September 21, 2009 Roetzel & Andress, LPA R. Bruce Anderson 850 Park Shore Drive Naples, FL 34103 Re: Petition: CU- 2009 -AR- 14231, Peace Lutheran Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 13, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 27, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, eputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com ocllier rr Fux OF THE CIRCt,JIT COURT Dwight E. Brock COLLIER COUNTY COUR °HOUR P 3301 TAMIAMI tRAIL EAST Clerk of Courts P.O. BOX 43044 NAPLES, FLORIDA 14101-3 September 21, 2009 WilsonMiller, Inc. Margaret Perry, AICP 3200 Bailey Lane, Suite 200 Naples, FL 34105 Re: Petition: CU- 2009 -AR- 14231, Peace Lutheran Church Dear Petitioner: 17C Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 13, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 27, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej o , p Jerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk@collierclerk.com CLERK OF THE Cj1 Dwight E. Brock COLLIER COUNTY �C g 3301 TAMIAMI T Clerk of Courts P.O. BOX 4 NAPLES, FLORIDA September 21, 2009 Peace Lutheran Church Mr. Fred Grundeman 5659 Strand Court Naples, FL 34110 J,�llier 17C :CHIT COURT DUR1jJOUSE Clerk of Courts AIL EAST Accountant 044 Auditor 4101 -3044 t Custodian of County Funds l,. a, Re: Petition: CU- 2009 -AR- 14231, Peace Lutheran Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 13, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 27, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej ,lerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com Ann P. Jennejohn C To: 'legals @naplesnews.com' Subject: CU- 2009 -AR -14231 Peace Lutheran Church Good Morning, Please advertise the attached on Sunday, September 27, 2009. 0 OA CU- 2009 -AR -14231 CU- 2009 -AR -14231 .doc doc Thank you, Ann Jenne john Clerk to the Board /VAB Minutes and Records Department 239 - 252 -8406 Fax: 239-252-8408 ann. jennejohn@collierclerk.com 17Ci Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Monday, September 21, 2009 11:57 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT206756.txt; CU- 2009 -AR -14231 Peace Lutheran 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 17C Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Tuesday, September 22, 2009 10:43 AM To: Ann P. Jennejohn Subject: RE: CU- 2009 -AR -14231 Peace Lutheran Church ok From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @colliercierk.com] Posted At: Monday, September 21, 2009 11:57 AM Posted To: Legals - NDN Conversation: CU- 2009 -AR -14231 Peace Lutheran Church Subject: CU- 2009 -AR -14231 Peace Lutheran Church Good Morning, Please advertise the attached on Sunday, September 27, 2009. Thank you, «CU- 2009- AR- 14231.doc>> «CU- 2009- AR- 1 4231.doc>> Ann Jennejohn Clerk to the Board /VAB Minutes and Records Department 239 - 252 -8406 Fax: 239 - 252 -8408 ann. ienne.iohn@collierclerk.com Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 17C Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Thursday, September 24, 2009 8:38 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS3D4.jpg Petition: CU- 2009 -AR- 14231, Peace Lutheran Church of Naples, Inc., Thank you for placing your ad. Date 09/24/09 Publication NDN Ad Number 1818005 Total Ad Cost $289.76 NOTICE OF PUBLIC HEARING Notice is hereby gives, that the Board of County Cornmiss,riners, as the Board of Zoning Ap� cols, of Collier County w0l hale a priblic hearing on Tuesday, Octo- ber 13, 2009, in thy! Boardroom, 3rd Floor, Administration Building, Collier County Gnverrrment Center, 3341 Cast Tamiarni Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of ttae Pro- - resolution is as follow--' A RESOLUTION OF THE BOARD OF ZON- ING APPEALS OF COLLIER COUNTY, FLORIDA., PROVIDING FOR THE ESTA3- L151IMENT OF A CONDITIONAL_ USE TO ALLOW A CHURCH, CHILD CARE CENTER, AND PRIVATE SCHOOL WITHIN AN AGRI Cui.TURAL (A) ZONING DISTRICT PURSU- ANT TO SUBSECTION 2.03.01.A.1.c OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 9824 IMMOKALEE ROAD IN SECTION 25, TOWNSHIP tla SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, The Bc,ard will consider Petition. CU. 2009 -AR 14231, Peace Lutheran Church of Naples, inc., represented by Margaret Per. ry, AICP of Wilson Miller, Inc., and R: Bruce Anderson of Roetzel & Andress, LPA, requesting three Conditional Uses fw a church, child care center, and hri, vate school in the Rural Agriculture (A) zoningl district pursuant to subsection 2.03.01.A,r-., vi the Land Development Code.. The subject prop erty is located at 9824 Irnmpkalee Road (C- R-&16), in Section 25, Township 48 South, Range 26 East, Collier County, Florida. NOTE All Per -sans, wishing to speak on any agenda item mast register with the Couniv Administrator pi`iot to presenta- tion of The agenda item to be addressed. Individual speakers will be limited to 5 Minutes on any itenrr. The selerVors of ar, individual to speak on behalf of an orga- rnizatlon or group is encouraged. if rec- ognized by the Char, a spokesperson for a group o,' organizal'lon may be allotted 10 minutes to .speak on art item. Persons wishing to have written or graph- ic materials included in the Board agenda packets must submit said material a rnin- rmliuir of 3 weeks prior to the respective public hearing, in any case, written nia.. teriab intended tole considered by the Board shall be submitted to the ,appropry ate County staff a minimum of seven day-, prior to the public hearing. All material used in presentations before the Board will he(ome a permanent part of the re- cord. Any person who decides to appeal a ded- slon at the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a ver. batim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is based. if you are a person vvitn a disability wria needs any accommodation- In order to particlipate in this proceeding, you are ern- titled, at no cost to you, to the provision at certain assistance. Please contact the Collier County Faclllties Management De• Gartment located at 3301 Tamiami Trail East, SuLing W, Naples, Florida 3,1112, (239)252.8380. Assisted Ilstellfng devices toe the hearing Impaired are available in the County Comnilssioners, Office. BOARD Or COUNTY COMMISSIONERS BOARD or ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann lennelohn, Deputy Clerk (SEAL) September 27, 2009 NolSIS005 17C Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ----------------------------------------------------- BCC /ZONING DEPARTMENT CLERK OF CIRCUIT CRT S AMMERMANN /FINANCE DEPT P 0 BOX 413044 NAPLES FL 34101 REFERENCE: 068779 P.O. #4500096189 59591466 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: 09/27 09/27 AD SPACE: 97 LINE FILED ON: 09/28/09 ----------------- - - - - -- Signature of Affiant 17r NcMd OF PUBLIC HEAR The Boar will consider Petition: CU- 20e9 -AR -14231; Peace Lutheran Church of ry 'AICP of Wilson M#Wr, Inc., and R. Brute Anderson of ,Roetzel & Andress nt at 1 NOTE: All Peiswu wishing to speak on any agenda Item must register with the County Administrator prior to presenta- tion of the age da item to be addressed. Individual speakers rs wNi be grafted to 5 minutes rM any tram., Rrc sefectign of an individual to Speak ali behe�f of an orgy nization or group ls anoouraged: If rec- ognfzad by' the Chair, a spokesperson for a group ar, orgalltzatiws may ix allotted 10 minutesteoak onan Item.' Persons wishing to have written or graph- ic materials included in the Board agenda =e paGkett must sulxnIt said material a min - of 3 weeks prior to the ,respective pubf c heerirn�gg in any tare, wrtetan ma- tertals lntendad to be carnidered by the Board shall be submitted to the appropri- ate County stall a minimum of seven days prior to k pubNt hearing. Ali material used in presantadons before the Board will become a psmaaherrt part of the re- ' Any parson whr+ d±saidai to 4ispMi a dad ,tors of tiM Board wiB need f racaM of dd 'ur oie pertaining t and batim rocord o{ to ernura that a ver- proceedings is made, if you are a person wM a dbahJety who nesds any accom" to BOARD OF COUNTY COMMISSIONNS BOARD DWIGHTE , gy Agin Jan 0" Clark — — — — — {SEAL) _cAnte+mber27. 2009 NQIA18001 Sworn to and Subscribed before me this day of 200q. Personally known by meI4Y-tj F �Lmr%-- _ p10-y M`9(i�i KAROL E KANGAS Notary Public - State of Florida My Comm. Expires Jul 29, 2013 %iFprr;�?;•• Commission N DD 912237 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 C TO ACCOMPANY'ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. 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 #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the A- 9 I ;— thmnah rm,tinn line N t thmn¢h 94 complete the checklist_ and forward to Sue Filson (line #5). caw uvu vi wv v.•w•••.w• � ... .......... ... »........- _..__ � .___" Route to Addressee(s) List in routing order '_"' .. _ ____ _ __ . Office Initials Date 1. Judy Puig CDES Administration Initial Applicable) Agenda Date Item was 10 -13 -09 2. 17C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Resolution & exhib, t 4. 1 Attached , .1 5 Ian Mitchell, Supervisor, BCC Officd Board of County Commissioners contracts, agreements, etc. that have been fully executed by all parties except the BCC 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and possibly State Officials.) PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC 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 BCC Chairmpn's signature are to be delivered to the BCC office only after the BCC has acted to approve the item Name of Primary Staff Melissa Zone, Principal Planner Phone Number 252 -2958 Contact appropriate. Initial Applicable) Agenda Date Item was 10 -13 -09 Agenda Item Number 17C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution & exhib, t Number of Original 1 Attached , .1 Documents Attached rAll INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorne ' Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's rye signature and initials are required. 5. 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 BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on /#J jW (enter date) and all changes made during the meeting have been incorporat d ftfthi attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 17C 4 RESOLUTION NO. 09- 2 41 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH, CHILD CARE CENTER, AND PRIVATE SCHOOL WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.0l.A.l.c OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 9824 IMMOKALEE ROAD IN SECTION 25, TOWNSHIP 48 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, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a church, child care center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0I.A.I.c of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.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: CU -09 -AR -14231 REV. 8/25/09 1 of 2 17C :�t' r= Petition Number CU- 2009 -AR -14231 filed by Margaret Perry, AICP of WilsonMiller, Inc. and R. Bruce Anderson of Roetzel & Andress, LPA, representing Peace Lutheran Church of Naples, Inc., with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for a church, child care center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0l.A.I.c of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C ". Exhibits "A ", `B" and "C" are attached hereto and incorporated herein by reference. 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 i 1_11 day of nC4064" , 2009. ATTEST:, DWIGHT E. BROCK, CLERK By: Att a &S to Cif rk u, Approved as to form and legal sufficiency'. IL�-->>C.,r--,.� Steven T. Williams S y. .22.Oq Assistant County Attorney Exhibits attached: A. Legal Description B. Conceptual Site Plan C. Conditions 09-CPS-00938/17 CU -09 -AR -14231 REV. 8/25/09 2 of 2 BOARD OF ZONING APPEALS COLLIER UNTY, FLORIDA By: DONNA FIALA, Chairman 17 144 THE WEST 352.48 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHM 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF; FURTHER LESS AND EXCEPT THAT PORTION CONVEYED TO COLLIER COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3287, PAGE 206 1, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA. Exhibit A 11 �R s r, r r r 1 i jrl �f i t i � I f i i i r eq n 0 rR, I $ 17C 4, CU- 2009 -AR -14231 Peace Lutheran Church Conditions of Approval 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B), included in the application. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The applicant will be required to contribute proportionate share cost for at -grade intersection and signalization improvements at Collier Boulevard (CR -951) and Immokalee Road (CR -846), identified in the County's work program as project number 60095, at such time as the applicant submits a Development Order application for a school or child care center. 3. The project's site generated trips shall not exceed 2,336 total daily two -way trips, and 350 adjusted PM peak two -way trips for any combination of the allowed uses which was included in the applicant's Traffic Impact Statement (TIS) approved as part of this petition. 4. The applicant must provide for traffic control via the use of local law enforcement agencies, upon request by Collier County Transportation Department or the Collier County Sherriff s Department, at any location that is determined by either entity to mitigate operational or safety deficiencies as a result of this project's peak -event traffic. 5. The actual height of structures shall not exceed fifty feet (50'). Revised 9/17/2009 Exhibit C