Backup Documents 09/15/2009 Item #17D
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
~ Normal Legal Advertisement Other:
(Display Adv., location, etc.)
**R*'.**~*..********.********...'******'***..*'*******************....***************.***** *........
Orl""".. D'p. D'" CUES-a.,i.. M,Ii", Z.", ~ [",," 13 - I Z- t!J 9
Petition No. (If none, give brief description): CUE-2008- - 803, Living Word Family Church
Petitioner: (Name & Address): Living Word Family Church, 7550 Mission Hills Dr., Ste 314, Naples. FL 34109
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date: September 15.2009 Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other Legally Required
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Proposed Text: (Include legal description & common location & Size: Petition: CUE-2008-AR-13803. Living Word Family
Church, Inc., represented by Laura Dejohn, AICP, of Johnson Engineering. lnc.. is requesting a one-year Conditional Use
Extension pursuant to the Land Development Code Section 10.08.00.E.3. in the Rural Agricultural (A) Zoning District with a
Mobile Home Overlay (MHO) for a church approved by Resolution No. 06-03. The 18.35f: acre subject property is located at
10910 lmmokalee Road. in Section 30, Township 48 South, Range 27 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No 1f Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
R",~,dby, Yn- Is ~ ~ i
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List Attachments:
DISTRIBLTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head 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.
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FOR CLERK'S OFFICE USE ONLY:
Date Received: Date of Public hearing: i I
, Date Advertised:
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17'D
RESOLUTION 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NO. CUE-2008-AR-13803, PROVIDING FOR THE
EXTENSION OF A CONDITIONAL USE ALLOWING A
CHURCH FACILITY IN THE RURAL AGRICULTURAL (A)
ZONING DISTRICT WITH A MOBILE HOME OVERLAY
(MHO), FOR AN 18.31-ACRE 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 counties 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) (LDC), which includes a comprehensive zoning ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting and extending of conditional uses; and
WHEREAS, on January 10, 2006, the Board of Zoning Appeals enacted Resolution No.
06-03, a copy of which is attached hereto as Exhibit A, granting a conditional use pursuant to
Section 2.04.03, Table 2 (currently codified as Section 2.03.01.A.1.c.7), of the LDC, to allow a
church facility in the Rural Agricultural zoning district with a Mobile Home Overlay (MHO), on
property described in said Resolution; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public meeting after proper notice, and
has considered the advisability of allowing the requested one-year conditional use extension,
pursuant to Section 2.03.01.A.1.c.7 and Section IO.08.00.E.3 of the LDC; and
Page 1 of2
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17D 4
WHEREAS, Section 1O.08.00.E.3 of the LDC provides that the Board of Zoning Appeals
may grant one one-year extension of an approved conditional use; and
WHEREAS, all interested parties have been given opportunity to be heard by the Board
in a properly noticed public meeting, and the Board has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition CUE-2008-AR-13803, filed by Laura DeJohn, AICP of Johnson Engineering,
representing Living Word Family Church, Inc., is hereby approved, allowing a one-year
extension of the conditional use approved by Resolution 06-03, in accordance with the
conceptual site plan and subject to the conditions set forth in said Resolution.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and in the records of the Petition for which the extension is granted.
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
By: By:
, Deputy Clerk DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
DRAFT
Heidi Ashton-Cicko
Assistant County Attorney
Exhibits attached: A. Resolution 2006-03
CP\08-CPS-00887\lO - HFAC
Page 2 of2
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17D ~
RESOLUTION NO. 06- -2.L
A RESOLUTION OF THE BOARD OF ZON1NG
APPEALS OF COLLIER COUNTY, FLOR1DA,
PROVlDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE PURSUANT TO SEcrlON
2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) FOR THE PROPERTY
TO BE USED FOR A CHURCH FACILITY IN THE
RURAL AGRICULTURAL (A) ZONJNG DISTRJcr,
FOR A J 8. J -ACRE PROPERTY LOCATED IN SEcrION
30, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS. the Legishlture of Ihe Slllte of Florida ill Chupter 67-1246, Laws uf
Florida, and Chapter [25, Florida SUllUtes, 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, pursuantlherelo rhe County has adopted a Land Development Code
(Ordinance No_ 04-41, as amended) which includes a Comprehensive Zoning O.-dinance
establishing regulations for the zoning of particular geographic divisions of the County,
among which is lhe gr~r\ling of Conditional Uses; and
WHEREAS, the Board of Zoning Appellls, being the duly appointed lInd
constituted phmning 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
the proposed Conditional Use. allowed by Section 2.04.03, Table 2 uf the Collier County
Land Development Code, in rhe Rural Agricultural (A) zoning district 10 be used for II
Church Fllcility on the property hereinafter described, and the Collier County Planning
Commission has found as II matter of fael (Exhibit "A") thaI satisfactory provision llnd
arrangement have been made concerning afl applicable mallers required by said
regulalions and in accordance with Suhsection lO.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 mailers
presented.
NOW, THEREFORE, BE IT RESOLVED by The Board of Zoning Appeals of
Collier Coumy, Rorida, that:
The petition filed by Laura Spurgeon of lohnson Engineering representing Living
Word Family Church with respect to the property described as the West 'I.r of the East Y.r
of the West 'I.r of the Northeast '.4 less the South 10' thereof and the North 10' thereof for
road right-of-way of Section 30, Township 48 South, 27 East, Collier County, Floridll, EXHIBIT
less and excepllhe righI-oF-way of lmmokalec Road (County Road 846) as recorded in I A
Official Records Book 3252, Page 230 of the Public Records of Collier County, Florida, .,
further described as Folio number 00214920002, be and the same is hereby approlled for
a Conditional Use allowing a Church Facility, as allowed by Section 2.04.03. Table 2 of
Page I of 2
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17D ~
the Collier County bod Development Code in the RUTal Agricultural (A) zoning district
in accordance with the Conceptual Master Plan (Exhibit "B"). subject to the conditions
set fonh in Exhibit"C". which is altached hereto and incorporated by reference herein.
This Resolu[ion adopted lifter motion. second nnd super-majority vote. this
;/ ;;
N. . d., of I" ''''1 .2006.
{ BOARD OF WNING APPEALS
- COllIER COUNTY. FLORIDA
By: ~W.~
Fred W. Coy 1e . Chat
A1'TEST: ...... '" : -.:
DWIGHT E. BROCK:CLERK
CU-ZOOS-AR-1J4'l1HWNp
Page 2 of 2
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17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-7749
The following facts are fOl.U1d:
1. Section 2.04.03, Table 2 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:
YesL No
-
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No -
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
- No affect or 1 Affect mitigated by &:x)e JJ. ~l.I.A Ye.1~
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes /No
-
Based an the above findings, this conditional use should. with stipuLations, (copy attached) be
recommended for approval to the Board of Zoning Appeals. .
DATE:Jf~ J -0::( CHAIRMAN: (V1 ~)
EXHIBIT A
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17D
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: COLUER COUNTY, ~ ~ 11.ufllJtD C6JJIT LIVING WORD l'AMlLY OWRO!
~. "0.."'" ]4Ul CONCEPTUAL SITE l'LA1'l
htOC l:ut) .)'&-oJ,U
FLORIDA ENGINEERING r.. fu.l C)4-UlI
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. 17D
CONDITIONS OF AFPROV AL
CU-200S-AR-7749
1. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Living Word Family Church Conceptual Site Plan," prepared by
Johnson Engineering, dated May 20, 2005. The site plan noted 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. 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. Expansion of the uses identified and approved within this conditional use
approval, or major changes to the approved plan, shall require the submittal of a
new conditional use application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including Chapter 10.02.03, Site
Development Plan Review and Approval, of the Corlier County Land
Development Code, Ordinance 04-41, as amended.
3. The project must obtain an environmental resource permit from the South Florida
Water Management District (SFWMD) prior to issuance of any site plan
approvals.
4. The applicant will provide, at the County's request., a wellsite easement located in
a previousJy impacted area in the southeast portion of the subject property
measuring approximately 50 feet by 70 feet, to be accessed via the Cannon
Boulevard access easement. The County will obtain all necessary South Florida
Water Management District permits associated with utilization of the site for the
requested purpose.
5. Services will be limited to evenings, weekends and holidays until the Immokalee
Road (CR 846) widening project is complete from Wilson Boulevard to Collier
Boulevard (CR 951).
6. No day care facilities are approved as a part of this C~nditionaI Use petition.
EXHIBIT "C" CU~2005~AR-7749
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17D
ACCT #068779
August 13,2009
Attn: Legals
Naples Daily News
1075 Central A venue
Naples, Florida 34102
Re: CUE-2008-AR-13803: Living Word Family Church
Dear Legals:
Please advertise the above referenced notice on Sunday, August 30,2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500096189
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17D J~i
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, September 15, 2009 in the Boardroom, 3 rd 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, RELATING TO PETITION NO. CUE-2008-AR-13803,
PROVIDING FOR THE EXTENSION OF A CONDITIONAL USE ALLOWING A
CHURCH FACILITY IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT
WITH A MOBILE HOME OVERLAY (MHO) , FOR AN 18.31-ACRE PROPERTY
LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
Petition CUE-2008-AR-13803, Living Word Family Church, Inc. ,
represented by Laura DeJohn, AICP, of Johnson Engineering, Inc. ,
is requesting a one-year Conditional Use Extension pursuant to the
Land Development Code Section 10.08.00.E.3, in the Rural
Agricultural (A) Zoning District with a Mobile Home Overlay (MHO)
for a church approved by Resolution No. 06-03. The 18.35+/- acre
subject property is located at 10910 Immokalee Road, in Section
30, Township 48 South, Range 27 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.
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170
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: Martha Vergara, Deputy Clerk
(SEAL)
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\et)~pty~~oteQ Hi er i
CLERK OF iilE 'CIRCUIT COURT
~ "
Dwight E. Brock COLLIER COUNTY.COURTHOUSE Clerk of Courts
3301 TAMIAMI tMIL EAST
Clerk of Courts P.O. BOX 41.3044 I Accountant
NAPLES, FLORIDA ':341 0 1-3()44 Auditor
hi Custodian of County Funds
'", ,,:'
August 17, 2009
Johnson Engineering
Laura Dejohn, AICP
2350 Stanford CT
Naples, FL 34112
Re: Petition: CUE-2008-AR-13803, Living Word Family Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, AS THE Board of Zoning Appeals, on
Tuesday, September 15, 2009, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, August 30,2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
'1
Martha Vergara
Deputy Clerk
Enclosure
Phone (239) 252-2646 Fax (239) 252-2755
Website: www.collierclerk.com Email: collierclerk@collierclerk.com
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r--~--\ 17D
'terrwp!y~?f€~ lli er
CLERK OF THE t'~RCtJIT COURT
Dwight E. Brock COLLIER COUNTY, OURTHOUSE Clerk of Courts
3301 TAMIAMI mIL EAST
Clerk of Courts P.O. BOX 4{3044 \ Accountant
NAPLES, FLORIDAl,41 0 1-3044 Auditor
~~., ) Custodian of County Funds
~. . " ,
<:",___..J
August 13,2009
Living Word Family Church
7550 Mission Hills Dr.
Suite 314
Naples, FL 34109
Re: Petition: CUE-2008-AR-13803, Living Word Family Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, September 15, 2009, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, August 30,2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
Martha Vergara
Deputy Clerk
Enclosure
Phone (239) 252-2646 Fax (239) 252-2755
Website: www.collierclerk.com Email: collierclerk@collierclerk.com
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17D
Martha S. Ver~ara
From: Martha S. Vergara
Sent: Monday, August 17,20094:07 PM
To: 'Iegals@naplesnews.com'
Subject: CUE-2008-AR-13803, Living Word Family Church
Attachments: CUE-2008-AR-13803.doc; CUE-2008-AR-13803.doc
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. vergara@collierclerk.com)
1
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17D 1
Martha S. Vergara
From: postmaster@collierclerk.com
Sent: Monday, August 17, 20094:07 PM
To: Martha S. Vergara
Subject: Delivery Status Notification (Relay)
Attachments: ATT614279.txt; CUE-2008-AR-13803, Living Word Family 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
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17D
Martha S. Vergara
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Tuesday, August 18, 2009 10:26 AM
To: Martha S. Vergara
Subject: RE: CUE-2008-AR-13803, Living Word Family Church
ok
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Monday, August 17, 20094:07 PM
Posted To: Legals - NDN
Conversation: CUE-2008-AR-13803, Living Word Family Church
Subject: CUE-2008-AR-13803, Living Word Family Church
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha, verqara@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.
1
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Naples Daily News 17 D '
Naples, FL 34102
Affidavit of publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/ZONING DEPARTMENT
CLERK OF CIRCUIT CRT ~f;OfIlll""fCHWlMG
S AMMERMANN/FINANCE DEPTt\C Ih ... ."theaoardClf~
POBOX 413044 .~...........,.....CIf_:.............~
NAPLES FL 34101 day. .......'..r................................. ...."..It.............................. .......3rtI.......
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REFERENCE: 068779 P.O. # 4500096189 Oftht~ .1...
59587411 NOTICE OF PUBLIC HEA A.F~~.....W.....~......~........O..FNN.....n.................L,................ri.Of......~.........~.....................~..............................
1I..1t9J.CuHQIlH. '. '.. . :. ."0 Tit!
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State of Florlda . .... Eft. '" . ....~
County of Collier .' .~~ "'~
Before the underslgned authorl ty, personally cou.tII. ..Pl...< .... .......
appeared Susan Rogge, who on oath says that she petltloncUl.._.A.R"~. 31~LI!!nl wPrcl'mtly
h V . P . d f' 'dlurl:h. 1IlC,. ,.._It ~ ~f!ICf'l Of
serves as t e lce reSl ent 0 Flnance of the ~.!_"".". .....!~~"9.!==
Naples Dc:ilY Ne~s, a daily newsI?aper published at ;l...;".O.~IM'!!....ten......lt................... "~. ...l'dA.... .w..eolili~..i.l~ir,...=.....\fOIM.lIIrllll
Naples, In Colller coun~y ~ Florlda: . that. the. ~o.' JSf.f..F..._" lteIO~
attached copy of adv~rtlslng was publlshed In sald ,:.w.' .~3:'t"'.{. ~~
newspaper on dates Ilsted. FlCirlid8.' . ,
Affiant further says that the said Naples Daily NO...~,....,...A1...IPtf~....l:(lInI................W........I............'..'..t1l...............~.....-=:.............'......a
News is a newspaper published at Naples, in said =E~ .'. ..ti'!lm~~
Collier County, Florida, and that the said ~on~"~ . ,. o'fllI'li:~1s1
. to """"""" 0'" 11\. onOl".. .
newsI?aper r:as h~retofo~e been contlnu01~sly :=:. .~ . :. =.~.
publlshed In sald Colller County, Florlda, each ~to=O!'lIl\ . . '. .
day and has been entered as second class mail ~..~..i1. ...~have~.JO ..'IIl.......f1f.E.. ~"=t l'
matter at the post office in Naples, in said ~~'1Ia ." ...... .... ." ,CIf\a_~
Collier County, Florida, for a period of 1 year '~""'" '.g....... .to............'..... . ..~......tht........:8clIrQ._.... I
next preceding the first publication of the ;.~rn;..CIf ..to. '.' ". '. '.... . rc
attached copy of advertisement; and affiant lIiiilrd a . . '., ....
further says that he has neither paid nor Ani~~-=t""'III"""Of~
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p~omlsed any person, f7rm.or corporatlon any ~.~. \~.,~.~to.Is~."
dlscount, rebate, commlSSlon or refund for the wtIlch ,the~" ..". ..Il!iillivldence
purpose of securing this advertisement for UfPD". .Ith dl~ . -...... .
bl' . . h . d If),oulI:I'8_a~W III -. ,._anY
pu lcatlon In t e sal newspaper. ~.'. . .fit...",.,.,.. ~.......G05ttt.IIl~...tRpJ!I..~
pr()Y. l$fOfI~ . n _\StaI'lCI. Pl4Iaie' =-.'. ""fIe
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PUBLISHED ON: 08/30 08/30 10C.teda:.....I..rs:n.Tr....,m~. ..".......:
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FILED ON: 08/31/09 ~
------------------------- ------------------------+------------------------
Signature of Affiant / tvn. fn(l()~ .'
Sworn to and Subscribed before me this \4 day of Sef\eW\t,e.. 200~
Personally known by me
"'m'~~v ~"/~,., KAROL E KANGAS
1'iJ ~\ Notary Public - State of Florida
i:", .;j My Comm. Expires Jul 29. 2013
,-~ ~.:-
"":~O"\<f",, Commission /I 00 912237
"""'\"
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 ?
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE a
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 .l!!l!r the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
ex tion of the Chainnan's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in routin order
1. CDES Administration
2. Melissa Zone Zoning Department
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County " I {
. Commissioners 11' D 9-
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC ofiice only after the BCC has acted to approve the
item.)
Name of Primary Staff Melissa Zone Phone Number 252-2958
Contact
Agenda Date Item was 9/16/2009 Agenda Item Number 17D
Approved by the BCC
Type of Document Resolution & exhibits . c. ~ \ "2.... Number of Original 1
Attached f)-l -0.. ~ Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the. Not Applicable column, whichever is N/A (Not
a ro riate. A licable)
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 (M
contracts, agreements, etc. that have been fully executed by all parties except the BCC lA)
Chairman and Clerk to the Board and ossibl State Officials.
2. 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
3. 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.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC 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 our deadlines!
6. The document was approved by the BCC on ., - ., b (enter date) and all chang
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es if a licable.
I: Fonnsl County Fonnsl BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
_^ __._'._1...-..-'.._"-_..-._._._....... .,_.............~.....""',,.~,.,,-,..;,,~,._._..._"'~...~._--_'",,__,',''',___......._~~__..,,,,,..~''"t;.-'''''__...._---
I7a
MEMORANDUM
Date: September 18, 2009
To: Melissa Zone, Principal Planner
Zoning and Land Development
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2009-213
Attached for your records is a copy of the document referenced above and
adopted (Item #17D) by the Board of County Commissioners on Tuesday,
September 15, 2009.
The original document will be held in the Minutes and Records Department
with the records of the Board of County Commissioners.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment (1)
>__^~._...""~..">'H"__"_~~____"",,,,"__"'. " . ..-"".- ----_..._-".""--_.,-<~-"~,.,-,,.._,...~.._~"----
RESOLUTION 09- 213 17D
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NO. CUE-2008-AR-13803, PROVIDING FOR THE
EXTENSION OF A CONDITIONAL USE ALLOWING A
CHURCH FACILITY IN THE RURAL AGRICULTURAL (A)
ZONING DISTRICT WITH A MOBILE HOME OVERLAY
(MHO), FOR AN 18.31-ACRE 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 counties 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) (LDC), which includes a comprehensive zoning ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting and extending of conditional uses; and
WHEREAS, on January 10,2006, the Board of Zoning Appeals enacted Resolution No.
06-03, a copy of which is attached hereto as Exhibit A, granting a conditional use pursuant to
Section 2.04.03, Table 2 (currently codified as Section 2.03.01.A.1.c.7), of the LDC, to allow a
church facility in the Rural Agricultural zoning district with a Mobile Home Overlay (MHO), on
property described in said Resolution; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public meeting after proper notice, and
has considered the advisability of allowing the requested one-year conditional use extension,
pursuant to Section 2.03.01.A.1.c.7 and Section 1O.08.00.E.3 of the LDC; and
Page I of2
~--......"~-~_.".__....,~..,....._-,.,_. it to '1Ii1 ___Ill VlIllII
l7D
WHEREAS, Section 1O.08.00.E.3 of the LDC provides that the Board of Zoning Appeals
may grant one one-year extension of an approved conditional use; and
WHEREAS, all interested parties have been given opportunity to be heard by the Board
in a properly noticed public meeting, and the Board has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition CUE-2008-AR-13803, filed by Laura Dejohn, AICP of Johnson Engineering,
representing Living Word Family Church, Inc., is hereby approved, allowing a one-year
extension of the conditional use approved by Resolution 06-03, in accordance with the
conceptual site plan and subject to the conditions set forth in said Resolution.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and in the records of the Petition for which the extension is granted.
This Resolution adopted after motion, second and super-majority vote, this -' 5-l-l1 day of
~~tJf1 btr ,2009.
. (. BOARD OF ZONING APPEALS
ATTEST: ,", ;"
. \ ."
DWIGH1:K 'BROCR;..~ERK COLLIER C~PfTY, FLORID~ _
~.; .):,,\<:;. ~ ^f~ cdl4.
.. By:
.~--r..~ -d~rk DONNA FIALA, Chairman
S 11M~" "1'~....:",
" '~t,llJ;r'o}';j:";'
Approved as to form and
legal sufficiency:
iJA~ A (tu Item # lTh
eidi Ashto~-Cicko
Assistant County Attorney ~~~;da Cd ---I $""-d1
Exhibits attached: A. Resolution 2006-03 ~~~d q~1J9
CP\08-CPS-00887\1O - HFAC ~
Page 2 of 2
._,-~ .......M , ........-- '-
:
17D ~
RESOLUTION NO. 06- .J2L
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF CO LLIER COUNTY, FLORJDA,
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE PURSUANT TO SECTION.
2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) FOR THE PROPERTY
TO BE USED FOR A CHURCH FACILITY IN THE
RURAL AGRICULTURAL (A) ZONING DISTRICT,
FOR A 18. I -ACRE PROPERTY LOCATED IN SECTION
30, TOWNSHTP 48 SOUTH, RANGE 27 EAST,
COll..IER COUNTY, FLORIDA.
WHEREAS. the Legisluture of the Slate ofFforid~ in ChupLer 67-1246. L..1WS ~If
Rorida, and Chapter 125, Florida Stotutes, has conferred on Collier County the power Lo
establish, coordinate and enforce zoning and such business regulations as are necessary
for the protection of the public; llnd
WHEREAS, pursunntthereto me County has adopted a Land Development Cou~
(Ordinance No. 04-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County,
among which is thc grdnting of Conditional Uses; and
WHEREAS, the Board of Z.oning Appeals, being the duly appointed untl
constituted planning board for lhe area hereby affected, has held a public hearing afler
notice us in said regullltions made and provided, and h~s considered tne advisability of
Ihe proposed Conditional Use, allowed by Section 2.04.03, Table 2. of the Collier Cuunly
Land Development Code, in Ihe Rural Agricultuml (A) zoning district to be used for a
Church Facility on the property hereinafter described, und the Collier County Planning
Commission has found as a maner of fact (Exhibit "A") that satisfactory provision ~nd
arrangement have been made concerning all applicable mailers required by said
regulations and in accordance with Subsection IO.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 mllllers
presented.
NOW, THEREFORE, BE IT RESOLVED by The Board of Zoning Appeals of
Collier County, Florida. that:
The petition filed by Lautll Spurgeon of Johnson Engineering representing Living
Word Family Church with respect to the property described as the West ~ of the East Y.,
of the West \-'z of the Northellst !4 less the South J 0' thereof Ilnd the North 10' thereof for
road righI-or-way of Section 30, Township 48 South. 27 East, CoWer County, Florida, EXHIBIT
less und except the right-oF-WilY of Immokatee ROlld (County Road 846) as recorded in I A
Official Records Book 3252, Page 230 of the Public Records of Col/ier County, Florida,
further described liS Folio number 00214920002, be and the same is hereby approved for
a Conditional Use allowing a Church Facility, as allowed by Section 2.04.03, Table 2 of
Page lof2
-..._----- . ... ._.~ - .. , -. ..~ -~- ,--- ._~-_.-
~.~...."~". '~'--____""A," ....... Alt. - - '---...--- -
1 70
the Collier County bod Development Code in the Rural Agricultural (A) wning districl
ill accordance with the Conceptual M;lSter Plan (Exhibit "9"), subject to the conditions
set forth in E.xhibit "C", which is allached hereto and incorporated by reference herein.
This Resolution ac!opted after malian, second and super-majority vOle, this
d I
1(, -' dayof 't}'(I~rl-/ ,2006.
- (J BOARD OF ZONING APPEALS
- COLLIER COUNTY, FLORIDA
By: 1uLw. ~
Fred W. Coyle ,Cha! 1:1
ATTEST: ,;, , ,'.',
DWIGHTE. BROCK/CLERK
CU-2001.^R-77~'IIHWI,~
Page 2 of 2
-, .--..... -~,-~. .....~_. .
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, " 170
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-7749
The following facts are found:
1. Section 2.04.03, Table 2 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:
YesL No
-
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience. traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No -
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
- No affect or 1 Affect mitigated by &0e )J bl..vl YQ../~
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes /No
-
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals. ~)
DATE: Jf; I .-- 0 ;)~ CHAIRMAN: (VI
EXH!BIT A
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,COLLIER COUNTY, JOI-INSCPN 1240 .$'TANf'Cll'lD COUIIJ UVINO WORD f)\},ffi. 'Y CHURCH
WAP'\.CI. nOMu" J.4,'\1 COHCEl'TUAL SITE PLAN
FLORIDA EN GIN E E R IN G ~ tu') ..)4-cuJJ
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- . 17D
CONDITIONS OF APPROVAL
CU-20054AR-7149
1. The Conditional Use is limited to what is shown on the conceptual site plan.
identified as "Living Word Family Church Conceptual Site Plan," prepared by
Johnson Engineering, dated May 20, 2005. The site plan noted 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. 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. Expansion of the uses identified and approved within this conditional use
approval, or major changes to the approved plan. shall require the submittal of a
new conditional use application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including Chapter 10.02.03. Site
Development Plan Review and Approval, of the Collier County Land
Development Code, Ordinance 04-41, as amended. .
3. The project must obtain an environmental resource pennit from the South Florida
Water Management District (SFWMD) prior to issuance of any site plan
approvals.
4. The applicant will provide, at the COlmty's request, a wellsite easement located in
a previously impacted area in the southeast portion of the subject property
measuring approximately 50 feet by 10 feet. to be accessed via the Cannon
Boulevard access easement. The County will obtain all necessary South Florida
Water Management District permits associated with utilization of the site for the
requested purpose.
5. Services wiIl be limited to evenings, weekends and holidays until the Immokalee
Road (CR 846) widening project is complete from Wilson Boulevard to Collier
Boulevard (CR 951).
6. No day care facilities are approved as a part of this C~nditional Use petition.
EXHIBIT "en CU-2005-AR~7749
.-- ---. . . .-. -'---. -
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