Backup Documents 01/27/2009 Item #17D
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
1 ? D jlf
To: Cle....k to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other.
(DISplay Adv, location, etc.) ~ ) ,{
**_.................................................-.........-..................-...- ** * 1 (jJ
Ongmating Deptl DlV CDES.lZonin2 Person John~Davld Moss, Ale? Datc' \,-J "\
Petltion No (If none; give bnef description) CU.2008-AR~ 13639, Naples Meetmg House V' 1
Petitioner: (Name & Address): Mr. Alan Brewer, PE, Reynolds, Smith, & Hills. 1715 N. Westshore Blvd, Suite # 500,
Tampa, FL 33607
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Corporation of the Presiding Bishop of the Church of Latter Day Saints, 50 E. North Temple, Rm.22, Salt Lake City,
Utah 34150
Ilearing before BCC
BZA
Other
Requested Hearing date:
Januarv 27. 2009
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if impl)rtant):
XXX Naples Daily News
Othcr
Legally Required
Proposed Text (Include legal description & common location & Size: Petition: CU~2008.AR-13639, Corporation of
the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, representcd by Alan Brewer of Reynolds,
Smith and Hills, is requesting a Conditional Use for a church in the Residential Single-Family (RSF.3) Zoning District,
as specified in Section 2.03,02.A.1.c.2 of the Collier County Land Development Code (LDC).The 4.63-acre subject
property is located at 4935 23rd Court SW inSection 21, Towmihip 49 South, Range 26 East at Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
ReVjJ~b~ ~ ~ b-~ lJJa/c 8
Dfffsion Administrator or Designee Date
List Attachment<;:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head
approval before submitting to County :\ianager. 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.
w*...**.....................*.....*.**.***...***...*************....*.**.**.**.......******.***
FOR CLERK'S OFFICE USE ONLY: l ! . I.. (
Date Received: '211-'\ ~&ate of Public hearing: 1--01..* Date Advertised: .1f1.1+f)~
RESOLUTION NO. 08-_
l?a
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN Ac'\! RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S,W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.0 of the
Land Development Code, as amended; 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:
Page I 00
Petition CU-2008-AR-13639, filed by Alan Brewer of Reynolds Smith and Hills, Inc.,
representing The Church of the Jesus Christ of Latter Day Saints, with respect to the property
described in Exhibit "B," attached hereto and incorporated by reference herein, is hereby
approved for a Conditional Use pursuant to the Collier County Land Development Code in the
Residential Single Family - Three Zoning District (RSF-3), for the expansion of a Church and
Place of Worship to include 2,588 square feet in building additions in accordance with the
Conceptual Site Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D,"
attached hereto and incorporated by reference herein.
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
,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, Chairman
Approved as to form
and legal sufficiency:
'5f...J
Steven T. Williams
Assistant County Attorney
Page 2 of3
170
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
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:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
COMMISSIONER:
EXHIBIT A
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17d
CONDITIONS OF APPROVAL
CU-200S-AR-13639
December S, 200S
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "Naples Meetinghouse Conceptual Plan," prepared by Reynolds,
Smith and Hills, Inc., and dated December 8, 2008. The site plan noted is
conceptual in nature for Conditional Use approval only. The final design must be
compliance with all applicable federal, state, and county laws and regulations.
2. Irrespective of that shown on the Conceptual Site Plan, the southernmost access
point on 50th Street SW shall not be permitted.
3. Day care operations shall be limited to those provided during church services
only.
4. The number of paved parking spaces on the site shall be limited to ] 77 spaces.
Exhibit D
RESOLUTION NO. 08-_
17D
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH M'D PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRlCT AT 4935 23RD CT.
S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature Qfthe State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
ofthe public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 1O.08.00.D of the
Land Development Code, as amended; 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:
Page I 00
Petition CU-2008-AR-13639, filed by Alan Brewer of Reynolds Smith and Hills, Inc.,
representing The Church of the Jesus Christ of Latter Day Saints, with respect to the property
described in Exhibit "B," attached hereto and incorporated by reference herein, is hereby
approved for a Conditional Use pursuant to the Collier County Land Development Code in the
Residential Single Family - Three Zoning District (RSF-3), for the expansion of a Church and
Place of Worship to include 2,588 square feet in building additions in accordance with the
Conceptual Site Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D,"
attached hereto and incorporated by reference herein.
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
,2008.
ATTEST:
DWlGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, Chairman
Approved as to form
and legal sufficiency:
":f{vJ
Steven T. Williams
Assistant County Attorney
Page 2 00
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
\, 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:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
COMMISSIONER:
EXHIBIT A
17D
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170
CONDITIONS OF APPROVAL
CU.2008.AR.13639
December 8, 2008
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "Naples Meetinghouse Conceptual Plan," prepared by Reynolds,
Smith and Hills, Inc., and dated December 8, 2008. The site plan noted is
conceptual in nature for Conditional Use approval only. The final design must he
compliance with all applicable federal, state, and county laws and regulations,
2. Irrespective of that shown on the Conceptual Site Plan, the southernmost access
point on 50th Street SW shall not be permitted.
3. Day care operations shall be limited to those provided during church services
only.
4. The number of paved parking spaces on the site shall be limited to 177 spaces.
Exhibit D
17D
ACCOUNT #068779
December 29,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2008-AR-13639, Naples Meeting House
Dear Legals:
Please advertise the above referenced notice on Sunday, January 11, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
NOTICE OF PUBLIC HEARING
l?D
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, January 27, 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 EXPANSION OF A CHURCH AND PLACE OF WORSHIP WITHIN AN RSF-3
ZONING DISTRICT AT 4935 23RD CT. S.W., IN SECTION 21, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
The Board will consider Petition: CU-2008-AR-13639, Corporation of
the Presiding Bishop of the Church of Jesus Christ of Latter-Day
Saints, represented by Alan Brewer of Reynolds, Smith and Hills,
is requesting a Conditional Use for a church in the Residential
Single-Family (RSF-3) Zoning District, as specified in Section
2.03.02.A.l.c,2 of the Collier County Land Development Code (LDC)
The 4.63-acre subject property is located at 4935 23rd Court SW in
Section 21, Township 49 South, Range 26 East of 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.
l7n
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
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
(-------
fu.l.pJ>:-preQllier
CLERK OF THE C{RCtJIT COURT
COLLIER COUNTYCOURtflOUSE
330 I TAMIAMI 1'j}AIL EAST
P.O. BOX 413044
NAPLES, FLORIDAl41O 1-3()44
~~;>i-~
l?a
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 29, 2008
:~~J
Mr. Alan Brewer, P.E.
Reynolds, Smith & Hills
1715 N. Westshore Blvd.
Suite #500
Tampa, FL. 33607
Re: CU-2008-AR-13639; Naples Meeting House
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, January 27, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, January 11, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
ere sa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
'etThlntyj5f e~ Hi er
~'<"-,..... t...
CLERK OF THE C{RCtJIT COURT
COLLIER COUNTY,COURTHOUSE
3301 TAMJAMI l'lMIL EAST
PO, BOX 413044
NAPLES, FLORIDA':~41 0 1-3044
'v,
'i.
''''!i-Y'
l7n
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 29, 2008
Corporation of the Presiding Bishop of the Church of Latter-Day Saints
50 E. North Temple, Rm. 22
Salt Lake City, Utah 34150
Re: CU-2008-AR-13639; Naples Meeting House
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, January 27, 2009, as indicated on the enclosed notice, The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, January 11, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~,~~
Deputy Clerk
Enclosure
Phone (239) 252-2646
Wehsite: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
l?D
Teresa L. Polaski
To:
Subject
legals@naplesnews.com
CU-2008-AR-13639
Attachments:
CU-2008-AR-13639.doc; CU-2008-AR-13639.doc
Legals,
Please advertise the following on Sunday, January 11, 2008. Thanks
~
~
CU-2008-AR-1363 CU-2008-AR-1363
9.doc (28 KB) 9.doc (29 KB)
Teresa L, Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
1
Teresa L. Polaski
l?a
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, December 30, 2008 9:41 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
ATT95342.txt; CU-2008-AR-13639
1':'*1
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1':--;:1
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A TT95342.txt CU-2008-AR-1363
(231 B) 9
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
CU-2008-AR-13639
Page 1 of 1
Teresa L. Polaski
l7n
From:
Sent:
To:
Pagan, Emely [EPagan@Naplesnews.com]
Friday, January 02, 2009 11 :59 AM
Teresa L. Polaski
Subject: RE: CU-2008-AR-13639
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Tuesday, December 30, 2008 9:41 AM
Posted To: Legals Done - NDN
Conversation: CU-2008-AR-13639
Subject: CU-2008-AR-13639
Legals,
Please advertise the following on Sunday, January 11, 2008. Thanks
<<CU-2008-AR-13639.doc>> <<CU-2008-AR-13639.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po las ki@collierclerk.com)
1/2/2009
Naples Daily News
1/6/2009 4:45
Fore~g~ hcco~nt N~r.~e~
t)68779
1\.(;. U
1765947
Aci :;.;'et Co st
S~'17.14
Name (F~:-ime.ry:; Bee! zeN I~G CE,pr~R?MEN'.:.'
Ccrrpe.r:y (Prirca:=:-y;:
Street l (Px"inaryl :L9ClJ N ~CRSESEOE DB
C. ty ([ll'.'ima -:::y: Nl\l?::'ES
State (P~.-inary) F:::'
Z:P (Primary) J41J4
Phone iP..rinary) (239) 252-24'7E
'~._as.'3 Code
J12G - Not.ce of Meeting
Start ::ate
J./ll/2oJ09
Stop Date
1/11/2CD9
Prepa}TIe~t P~.ou~t
SC.CIJ
l\d Sal es Re[:..
678 - E~cncc Eeredia
Widt:'1 2
=ept;. 79
NOTICE OF ?VBLIe HEARING
NO!lce Is hereby gl~en thal: ttle fklaro [If County
Commls,l,,",", .th......, .. Z!l<,In. A...... ..
CoU:er County wll rtold apubllc hewlng on Tues-
(I", ...,nuar)' 2'1.12CX8.I"the Bordtoorn, J.rd Floor,
Adm".~"iQ" ...I~"" Collie' """\' Ow..n"",,'
Center, 3301 East TlI'\'liariil Tra-'-. -...,Ies.. FlorlCa.
Th.e-meethC/ wll beg" .':00,,","'. The ute c/lttle
prq;oseC resokJtlon iI. follows:
A~UT1ON OfTHf a,OMO Of ZOf'llt.iGAPPEA...S
.'COLLEN COUNTY FLORIJA, PROVDII.. 'OR .c",
esr....BL.ISHMEI''fi" OF ~ (:()NI)ITIONAL U!I" TO ALLOW
EXPANSION Of A. CHURCH AND Il\.ACE Of WOFtS1P
WITHIN AN 'l5F.3ZONINC OI""'ICT AT"" "NO
C,.. 50",!:! ti SECTlO~ 21, TOWNSHIP'" SOUll".
RANOE aEAST,COUIER COUNTY, ~!.ORID!l.
~he Board wlll oonsldB' petition: CU..2OQl-AR.U&9,
corporation 01 the Pr8lldng 8tst'101:l DttM\ Ci'Il.ll'th
01...... OV.' 01 L......-Q..~....... ,..,.",... or
A"-" Brewer 01 ~eynolc!l. Sm'th ai'KI ,-{lIl1t-ls fC
q~.tJn~ I&Condll:1cli'lal useftlr ..chJ~en ~'ltM! Res:"
"'"l</ Sin.le~f""l~ 'N''''' ,,,,In. O''''elf''
speclf'ed :" Sectlo~ 2.C.'M2:.A.1.c..2 or the Co l>cr
Count:.' I.ancl tJevetO(.l11ent COde (LDC). Tile ua.
..... ""'eel "..~ . I...... ....,. ..." CollI!
SW 1M Sei:tbri 21. fownsh1l:l_ SWth, Aen.le 2SEilSt
ofCOll1erCotlnty,florld1o
NOn:: All Pe'SQns wishing to :speak on I!I'P/ I5liImaa
'~el'r must reaBt<< wJth1he COUn~"(tnln5tl'CfDr
'rl"'.o.'......1on of ....."',...", 10 .....
i:lressed. Indlvlliu&f Sl'wers wll be lim ted to!
mnlJta on my 1t<<rI. TheHlectIon of... ~JyiOu&l
to "."<on .....,.. on .....,,,.,,'" or .'..., .
encourqed. II'rllCC9ll&eCi tiy1heC~Ir,-.aspol((Jl.
p.-.on fOr' 8aroup or Ol'C1W1iratlon mf6' Deal\(.ltted
It: m"':Jt1S tospeik 00., It<<n.
perSl'ns'lflS~lng 1:10 haVewrtten or grephlc rnatIer"-
aas inck.n:lea In tile 80lllf'd agend.. packets must
slilmltsaicI "&tt!'laNam~hllJrr: o4'3wel11<S prior to
Nr.pecU/epubllCl'leari'ltl. ...~c:ue,wrl!ttrl
mat..;"" ........ ,..."""'~.... "... ....,
shal beslJbmltted to the IlPl1Iroprlate COUnty It8l'l'
amhlmum Of~~ prlOl'tothepubllch_-
g~g..:~rri1~~~epd~~="p~~~e~~W.e
Any PflrSt''' who decide tDtiCPo.U 1l.d<<:..1on of the
Board wi. ne<<! f1 record onhe proceecllngs per-
talnlng th~eto an<l tI'lr<<ore.. m.v neecl totnlLlre
that .'o'orb.',m recora I'.lI'theproceed..... made.
w.,Jeh record hcludllB '/he tftrtlmon)' aifd evlchnce
uponwhic:l'l tt'leC'J'"eeJ15bu<<l.
If you arc II. p'!non with adll8l:lIIIb' who Meds a'Ti
.e.ccommodsion In order~oPll1'tit".e hllhls pro-
ceec:llnc. you we enttlecl, at nc ewt to yOU. to the
provISIOn ot'certah ,ll!ISllunee. PMaseCU'ltK:ttt'll'!
PAGE
2/3
RightFax
17D
Naples Daily News
Collier County Faclllt_ ManaDEmIlllll: DfClartm..t.
loe4t1:ec at J!Ol TamlemTfr"iTf-eut, Bulldlna W,
_..".. F1orldo 34m, (ZlIU5H:lI~ ....,.. I."
nnk'lg C1lWl~ for the flealnClmpated ar.....allo
1/:.., In 'It'Ie County ~m"lonn' Of'f!ce.
aQA;W OF COUNTY COMMISSIONERS
8OA:m tFZONINQ ApPOOS
COLLER COUNTY, F...Q:lIClA
TOM HENNINC, CHAIiMAN
OWKtJ-t1"E..M()(X,~Rr(
BY: T8'esaPOIM.(~Deput'i C6erk
(SEAL)
..JIOYIU..Ll
No. l1M94",'
1/6/2009 4: 45
P,\GE 3/3
RightFax
17D
Naples Daily News
Naples, FL 34102
17D
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59550786
4500096189
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the vice President of Finance 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: 01/11 01/11
AD SPACE:
FILED ON:
158.000 INCH
01/12/09
;:9n";n:;;;~;;hn,nn n N;,(h720ffL>nnnnn ..nnn
Sworn to and Subscribe before me this 1:5/-h day of <-~~~({'~:a 20 ~
/),. ., (,l. ., ...)"... ':F.' EL A. MCDONALD
Personally known by me lJY-tr~ ~ U))';< n1i;f"k{commiSSiOn[)[)R50475
o.\,'..;-:::~l_" Expires June 29, 2011
""fi~ ,\ ~"" Don:Je:j Tt:..J Troy r 01" I"ow.-~"o~ kDr._1R~. 7g I .
l?D
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 TOuting slip and original
documents are to be forwarded tathe Board Oillee only after lhe Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or information needed. If the document is already complete with the
exce tion of tile Chairman's si ature, draw a line thrau h routin lines #1 throll h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
~
2.
tJ;).1/0
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman '5 signature arc to be delivered to the BCC office only after the Bce has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
)
;
3.
4.
5, Sue Filson, Executive Manager
Board of County Commissioners
Yes
(Initial)
N/A (Not
A plicable)
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
qJnv--
I: Formsl County FormsJ BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
-2..-"'2-
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
docwnent or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson 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 ware 0 r deadlines!
The document was approved by the BCe on nter date) and all changes
made during the meeting have been incorporat d in e a tached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
~
MEMORANDUM
Date:
January 28, 2009
To:
John-David Moss, Principal Planner
Zoning and Land Development Review
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-22: CU-2008-AR-13639
Enclosed please find one (I) copy of the document as referenced above,
(Agenda Item #17D), which was adopted by the Board of County
Commissioners on Tuesday, January 27, 2009.
If you have any questions, please call me at 252-841 L
Thank you.
Enclosure
17D
RESOLUTION NO. 09- 22
17D
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXP ANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", and has found as a matter of fact
(Exhibit nAn) that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 1O.08.00.D of the
Land Development Code, as amended; 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:
Page 1 of3
17D
Petition CU-2008-AR-13639, filed by Alan Brewer of Reynolds Smith and Hills, Inc.,
representing The Church of the Jesus Christ of Latter Day Saints, with respect to the property
described in Exhibit "B," attached hereto and incorporated by reference herein, is hereby
approved for a Conditional Use pursuant to the Collier County Land Development Code in the
Residential Single Family - Three Zoning District (RSF-3), for the expansion of a Church and
Place of Worship to include 2,588 square feet in building additions in accordance with the
Conceptual Site Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D,"
attached hereto and incorporated by reference herein.
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 J7'1fJay of
, 'J1JM{d.J
,2009.
ATTEST:
,j'
~:i~.. ::...,
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY.~ d-.iZ
DO A FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
'I./,
, 'C2,;t~',
Approved as to form
and legal sufficiency:
Item # l1J2-
Agenda \ \ '14 101
Dale ~
Dat~ t \!It \~
~
DeputyGIe<1<
lb-7wH
Steven T. Williams s{.) 6"~
Assistant County Attorney I'
Page 2 of3
Exhibits (attached): A.
B.
C.
D.
17D
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions of Approval
Page 3 of3
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
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:
Yes / No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes /
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals. /
DATE: (LII~/oi COMMISSIONER~ 'f ~
{ /
EXHIBIT A
17D
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 2], TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-]246, Laws ofF]orida,
and Chapter ]25, F]orida 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. 2004-4], 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 Appea]s has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section ]0.08.00.D of the
Land Development Code, as amended; 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 ]T RESOLVED by the Board of Zoning Appeals of Collier
County, Florida, that:
Page] of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
17D
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 J 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-1- No~
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or ~ Affect mitigated by
~ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yesl 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: /d/ldfaf
COMMISSIONER:
Jjuth~ ~;{i~
EXHIBIT A
..". "7
.11
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
ofthe public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.D of the
Land Development Code, as amended; 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:
Page I of3
110
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
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:
Yes V No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes ..,/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
../ No affect or _ Affect mitigated by
_ Affect 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: //,_/.#-6$
COMMISSIONER:
~~
EXHIBIT A
RESOLUTION NO. 08-
'11 '"7
gJ
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "BOO, 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 Section I 0.08.00.D of the
Land Development Code, as amended; 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:
Page I of3
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
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 7e 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
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/. No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes 1-/ No
/
n
//
1
Based on the above findings, this conditional use should,
recommended for approval to the Board of Zoning Appea
th stipulations, (copy attached) be
DATE:~
COMMISSIONER:
f>l1/}() (,~\\'~
EXHIBIT A
RESOLUTION NO. 08-
17D
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.D of the
Land Development Code, as amended; 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:
Page 1 of3
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
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:
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
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/' No affect or ~ Affect mitigated by
~ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes // No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: (~/I'?/or
COMMISSIONER:
;/
.z:(?
!
L---
EXHIBIT A
;-'~n
./ r:.
L../
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.0 of the
Land Development Code, as amended; 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:
Page 1 of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
17n
The following facts are found:
L 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:
Yes I No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes V'
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
1 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
( No
Yes
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: I.l./;i/Of
I I
COMMISSIONER~/1d-, ~/d (?dJ~
EXHIBIT A
RESOLUTION NO. 08-
11 ';'/ .:-~
~:";;J ;'j
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 10.08.00.D of the
Land Development Code, as amended; 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:
Page 1 of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
17D
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:
Yes / No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~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
YesdNO_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE' \ ~' I g, 0 g COMMISSIONER, JJ~MJ\' P ~
EXHIBIT A
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
SW., IN SECTION 2], TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legis]ature of the State of Florida in Chapter 67-]246, Laws of Florida,
and Chapter ]25, F]orida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
ofthe public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-4], 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 Appea]s has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", 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 Section 1O.08.00.D of the
Land Development Code, as amended; 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:
Page] of3
1 7 D ~.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
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 ~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 ~ss
YesL No_
C. 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
Yes""""""'- No
Based on the above findings, this conditional use should, with stip~s, c
recommended for approval to the Board of Zoning Appeals. .
DATE:
J;2 - /,f" /(/'
COMMISSIONER.
..,/ t../// ~
~,I>b~ ~'----...
EXHIBIT A
l?D
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Tlrree Zoning
District (RSF-3), on the property described in Exhibit "BOO, and has found as a matter of fact
(Exhibit "An) that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 10.08.00.D of the
Land Development Code, as amended; 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:
Page 1 of3
l?a
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
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:
Yes I 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
/ No
Yes
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-/No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes -,.L- No_
Based on the above findings, this conditional use shoul, .th stipulations, (copy attached) be
recommended for approval to the Board of Zoning App Is.
EXHIBIT A
DATE:
/2.- ,808
COMMISSIONER:
RESOLUTION NO. 08-_
"".I.I.7P'.'
J: ' .,
. .
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
ofthe public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", and has found as a matter of fact
(Exhibit nAn) that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 10.08.00.D of the
Land Development Code, as amended; 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:
Page I of3
LEGAL DESCRIPTION
GOLDEN GATE CITY UNIT 4, BLOCK 119, LOT 1 IN PLAT BOOK 5, PAGES 107-
116, COLLIER COUNTY FLORIDA
N (Back) N 89d29'53"E 450.00 MEASURED
N 90dOO'00"E 450.00 PLAT
S (Front) CB=N82d08'II"W 450.00MEAS. CD=447.57
D=16d43'51" R=1538.17 L=449.16 T=226.19 CB=N8Id38'04"W PLAT CE=447.57
E (Side) SOOd30'07"E 397.65 MEASURED
SOOdOO'OO"E 397.65 PLAT
W (Side) NOOd30'07"W 331.48 MEASURED
NOOdOO'OO"W 331.48 PLAT
Exhibit B
110
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Exhibit C
CONDITIONS OF APPROVAL
CU-2008-AR-13639
December 18, 2008
I. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "Naples Meetinghouse Conceptual Plan," prepared by Reynolds,
Smith and Hills, Inc., and dated December 8, 2008. The site plan noted is
conceptual in nature for Conditional Use approval only. The final design must be
compliance with all applicable federal, state, and county laws and regulations.
2. Day care operations shall be limited to those provided during church services
only.
3. The number of paved parking spaces on the site shall be limited to 177 spaces.
Exhibit D
17D