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Agenda 11/18/2008 Item #17C I,aenda Item No. 17C kJvember ~ 8, 2008 Page 1 of 50 EXECUTIVE SUMMARY Petition: CU-2007-AR-12357 First Congregational Church of Naples, represented by D. Wayne Arnold of Q. Grady Minor and Associates, P.A., requesting a Conditional Use Number "2" of the Estates (E) Zoning District to permit a 300 seat church facility pursuant to Section 2.03.01.c.7 of the Land Development Code (LDC). The subject 2.6:10 acre site is located on the south side of Immokalee Road (CR-846) and approximately 300 feet east of Oaks Boulevard in Section 29, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants he sworn in and ex parte disclosure he provided by Commission members. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider a Conditional Use application to allow the above reference church and to ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting a Conditional Use for a 12,000 square feet church/place of worship not to exceed 300 seats. The church intends to construct a sanctualY building and meeting space. The conceptual site plan indicated that the ingress and egress will be from Autumn Oaks Lane, and the applicants will provide paved and grasscd parking, buffering, water management and native vegetation preserves. The applicants are also providing 45 feet of Right-Of:Way reservation for the Va1ewood Drive nmih/south extension. Currently the site contains a singJe- family dwelling unit that will be demolished prior to constructing the church. FISCAL IMPACT: The Conditional Use by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the Conditional Use is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. -- The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvcment Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrcncy management, the dcveloper of evety local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally. additional revenue is generated by application of ad valorem tax rates, and that rcvenue is directly related to the value of the improvements. Please Page 1 of5 t'"\genda item No. 17C Nc'vember ',8. 2008 Page 2 of 50 note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property, as identified on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP), is within the Estates - Mixed Use District, Residential Estates Subdistrict land use designations. The "Conditional Uses Subdistrict" in the Estates - Mixed Use District within the GGAMP contains specific provisions for Essential Services CUs, CUs on Golden Gate Parkway and Collier Boulevard, Transitional CUs adjacent to Neighborhood Centers, Transitional CUs [as buffers between residential and certain non-residential uses], and, Special Exceptions to CU Locational Criteria [for certain excavation activities and temporary model homes]. Tbe First Congregational Church site did not previously comply with any of the Conditional Uses Subdistrict provisions, thus it was proposed as another Special Exception during the 2005 Cycle GMP amendments. The referenced GMP amendment has been adopted and is in effect. The review of CU-2007-AR-I2357, First Congregational Church of Naples Conditional Use is predicated by the site-specific Growth Management Plan amendment which was adopted by the BCC on December 4,2007 and becanle effective February 19,2008. The Special Exception was written with GGAMP language which reads as follows: e) Special Exceptions to Conditional Use Locational Criteria: 3. Conditional Use for a church or place of worship as allowed in the Estates Zoning District is allowed on Tract 22, GGE Unit 97. The subject property is Tract 22, GGE Unit 97. The Neighborhood Information Meeting (NIM) for the GMPA required by LDC Section 10.03.05 F was conducted January 4, 2007. Notes from this meeting indicate that the property owners agreed to reserve at least a 45-foot wide right-of-way easement along the east edge of the subject property in order to connect lmmokalee Road to Autumn Oaks Lane. This new street would be an extension of Vale wood Drive Ii-om the north, across Immoka1ee Road, though not necessarily named as such. It was explained that one access from the subject site would lead onto Autumn Oaks Lane and one onto the (yet unnamed) side street. Petitioners agreed this new side street would not be a major transportation "conidor", but would be designed as a "residential street". Final details about these design elements arc being worked out with the County, but the design is expected to be limitcd access in some manner. FLUE Policy 5.4 requires new land uses to be compatible with the sun'ounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety. However, staff notes that in reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis is to be comprehensive and include a review of both the subject proposal and surrounding or nearby properties with regard to allowed use intensities and densities. development standards (building Page 2 of 5 Agenda Item No. 17C November 18. 2008 Page 3 of 50 heights, setbacks, landscape butTers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. The Conceptual Site Plan correctly illustrates the "proposed road" along the subject property's eastern edge and its 45 feet R.O.W. Reservation. The proper access configuration is also shown, including the east-side access drive between the onsite parking area and the reserved right-of- way. Based upon the above analysis, staff concludes that the proposed Conditional Use may be deemed consistent with the Golden Gate Area Master Plan. Transportation Element: The Transportation Services Department has reviewed the petitioner's Traffic Impact Statement (TIS) for the proposed 12,000 square-foot Church and finds the following: Based on the Institute of Transportation Engineers Land Use Code (ITE LUC) 560 0.66 multiplier for weekday PM Peak hour trip generation per 1,000 square feet of church uses, the site generated traffic will not exceed any adopted level of service standard. The project produces 8 P.M. Peak Hour trips. If all 8 trips become peak direction, peak hour trips on 1mrnokalee Road (CR-851), the impact will be 0.17 percent. Immokalee Road (CR-85I ) between 1-75 and Logan Boulevard currently has 143 remaining trips, and is currently at a Level of Service (LOS) "E" as stated by the 2007 Annual Update and Inventory Report (AUIR). However, this segment ofImmoka1ee Road is anticipated to fail by 2013. As such, the applicant has elected to dedicate 45 feet of ROW in exchange for impact fee credits for the connection/extension of Va1ewood Drive at Immoka1ee Road (CR-851) as mitigation for the proposed impacts. To accomplish the dedication of the ROW for the Va1ewood Drive extension the applicant has elected to enter into a Memorandum of Agreement as a stipulation for Collier County Transportation Services Division approval which have been incorporated into the Resolution. Therefore, this petition is deemed to be consistent with Policy 5.1 of the Transportation Element of the GMP. The Transportation Services Department is recommending approval subject to conditions of approval that have been incorporated into the resolution. ENVIRONMENTAL ISSUES: Environmental Services Review staff has evaluated this petition and determined that there are no environmental issues that need to be addressed at the conditional use stage. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the site is under the size threshold (10 acres) to rcquirc and Environmental Impact Statement. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The cepe heard petition CU-2007-AR-12357 on September 18, 2008, and by a vote of 7-0 recommended to forward this petition to the Board or Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. Day Care Facilities are prohibited except during church services. Page 3 or 5 Agenda ltem No. 17C r~ovember 18, 2008 Page 4 of 50 2. The maximum actual building height shall not cxceed 75 feet above finished floor elevation. 3. The Maximum building square footage shall not exceed 12,000 with a maxImum congregational seat capacity of 300. 4. The memorandum of agreement that was part of the package will be attached and incorporated into the resolution. 5. Incorporate staffs conditions of approval as noted in the staff report. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval ofa Conditional Use authorizing a Church in the Estates zoning district. A Conditional Use is a use that is permitted in a particular zoning district subject to certain restrictions. Decisions regarding conditional uses are quasi-judicial, and all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or stan: to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the Conditional Use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, anc1lor dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution, with approval of the Conditional Use requiring four affirmative votes of the Board. The proposed Resolution was prepared by the County Attorney's Office and is legally sufticient for Board action. (STW) RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) Approve the request for a conditional use for Petition CU-2007-AR-12357 First Congregational Church of Naples, subject to the following conditions of approval which have been incorporated into the Resolution. 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B). 2. At the time of Site Development Plan (SDP) review and approval, the established water management control elevation will be set no higher than 10.75 feet National Geodetic Vertical Datum (NGVD). 3. The water management to serve the church parcel will be required to provide water quality treatment consistent with South Florida Water Management District (SFWMD) standards and will be reviewed by Collier County. Page 4 of 5 Agenda item No. 17C t~ovember i 8. 2008 Page 5 of 50 4. Off-site discharge of storm water will not exceed the pre-development conditions of the site. A "pre vs. post" analysis shall be provided as part of the SOP process in order to make sure that this standard is met. 5. The owner or its successor and assigns shall be required to reserve right-of-way as depicted in Exhibit "B", The reserved road right-of-way shall be conveyed to Collier County in fee simple in exchange for impact fee credits. The value of the credit shall be calculated at the actual cost per acre in which the applicant has paid for the property to the previous property owner. This dedication shall occur within 90 days of the approval ofthis Conditional Use. 6. The County will provide for a positive discharge point for storm water along Autumn Oaks Lane for the subject property. The property owner and the County shall coordinate the location to be mutually acceptable. The minimum discharge elevation to the existing Autumn Oaks Lane roadside swale will be set at 10.4 feet NGVD. The project outfall structure shall be designed to meet the outfall flows. 7. Collier County will construct gravity walls along the subject properties northern property line within the County right-of-way and taper it to a shared slope and construction easement along Valewood Drive in order to accommodate the perimeter water management swa1e and landscape buffer for the church property. The property owner will be responsible for the maintenance of the easement. 8. The County shall construct the sidewalk along Va1ewood Drive along the east side and reduce the right-of-way "comer clip" where feasible. The applicant will not be responsible for construction of or payment in lieu for sidewalks adjacent to the project. 9. Any required preserve for the subject property may be provided off-site through the acquisition of like property with subsequent donation to Collier County or through a payment to Conservation Collier sufficient to secure an area consistent in both size and quality to the (m-site preserve area. 10. Day Care Facilities are prohibited except during church services. 11. The maximum actual building height shall not exceed 75 feet above finished floor elevation. 1 2. The Maximum building square footage shall not exceed l2,OOO with a maximum congregational seat capacity of 300. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review Page 5 of 5 Item Number: Item Summary: Meeting Date: Page 1 of2 Agenda Item No. 17C November 18. 2008 Page 6 of 50 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition: CU-2007-AR-12357, First Congregational Church of Naples, represented by D Wayne Arnold of Q, Grady Minor and Associates, P.A., requesting a ConditIOnal Use to permit The First Congregational Church of Naples to construct a 300 seat facility. This site is zoned Estates (E) and is located Within the Estates Designation on the Future Land Use Map of Collier County Growth Management Plan, Pursuant to Section 2_04_03 of the Land Development Code. churches and places of worship are permitted conditional uses in the E, Estate zoning district. Currently the property is utilized as a Single family residence, The subject property is 2.6 +/- acres located at 6225 Autumn Oaks Lane, Section 29, Township 48 South, Range 26 East, Collier County, Florida (CTS) 11/18/200890000 AM Prepared By Melissa Zone Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 10/29/20082;48;34 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 10129/20084;35 PM Approved By Norm E. Feder, AiCP Transportation Services Transportation Division Admmistrator Date Transportation Services Admin. 10/30/200811:11 AM Approved By Steven Williams Attorney's Office Assistant County Attorney Date Attorney's Office 10/30/200811:19 AM Approved By Susan lstenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 10/30/20083:27 PM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Deveiopment Review 11!312008 9;48 AM Approved By Joseph K. Schmitt Community Developmpnt & Environmental Services Admlnstrator Date file://C:IAtlendaTestIExDortII16-November%2018.%2020081!7.%20SlJMMARY%20AG... 11/12/2008 Community Development & Environmental Services Page 2of2 Aaenda Item No. 17e 'November 18. 2008 Page 7 of 50 Community Development & Environmental Services Admin. 1113/200810:30 AM Approved By OMB Coordinator Administrative Services Applications Analyst Date Information Technology 11/3/20083:28 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 11/3/20085:37 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 11/10/20086:26 PM tile://C:\Al'endaTest\Fxnort\ 11 h-Novemher'Yo201 R.%20200R\ 17%20St IMMARY%20AG . 11/1?/?OOR AGE~MJIf.M.(Ml17C November 18. 2008 Page 8 of 50 Co18tr County ~ ,~-- ~ STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 18,2008 SUBJECT: CU-2007-AR-12357, FIRST CONGREGATIONAL CHURCH OF NAPLES PROPERTY OWNER/AGENT: Owner: First Congregational Church of Naples, Inc. 2338 Immokalee Road Naples, FL 34110 ~ Agent: D. Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REOUESTED ACTION: To have the Collier County Planning Commission (CCPe) consider an application for Conditional Use No.2 of the Estates (E) Zoning District, as provided in Section 2.03.01.B.1.c.l of the Collier County Land Development Code (LDC), to permit a Church on 2.6010 acres. GEOGRAPHIC LOCATION: The subject parcel is located on the south side of Immokalee Road (CR-846), lying about 300 feet east of Oaks Boulevard, north of Autwnn Oaks Lane, and west of Vale wood Drive, Tract 22, Golden Gate Estates Unit 97 in Section 29, Tovl'TIship 48 South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSElDESCRIPTlON OF PRO.JECT: The petitioner seeks a Conditional Use for a 6,000 square foot church with a seating capacity for 300 members on 2.6j, acres. The church intends to construct a sanctuary building and meeting spaces aU within the 6,000 square feet structure. 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Ut) LU \III cz:.:r.=:.! w~g- " _z -'~ <'" ~. w ;;: C AJ9nda item No. 17C November 18. 2008 Page 11 of 50 that the ingress and egress will be from Autumn Oakes Lane, and the applicants will provide paved and grassed parking, buffering, water management and native vegetation preserves. The applicants are also providing 45 feet of Right-Of-Way reservation for the Valewood Drive north/south extension. Currently the site contains a single-family dwelling unit that ",ill be demolished prior to constructing the church. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family home, zoned Estates (E) SURROUNDING: North: East: South: West: CR-846 & Single-familylMulti-family residential and commercial land uses, zoned Quail II PUD and Huntington PUD Vacant residentia11ot, zoned Estates (E) Autumn Oaks Lane & Single-family residential, zoned Estates (E) Permitted essential services (telephone switching station) and model home, zoned Estates (E) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staffhas reviewed this request and offered the following comments: Pl1tn..~ T >:Inrl T Tse Ebm""....~ {PT T TC\. Tl..."" .....""...:t;"".....""..." p-o....""....~. .~... :,~c-tl.fi.,."'.~ v-'-,. ,1..,.e FLUE !',,1ap of .I. ...UA.l.... ,L../U-J........ 'L.I ..'--'U I..-J.H. \.1 LJ\..ILI,. .IUV pI.lI.-U..-J.VU.....I.,:I J. p.....ll.-.Y, '-l':) 1U U ....... ~ "-' ... the Golden Gate Area Master Plan (GGAMP), is within the Estates - Mixed Use District, Page 4 of 8 Agenda Item No. 17C November 18. 2008 Page 12 of 50 Residential Estates Subdistrict land use designations of the Growth Management Plan (GMP). The "Conditional Uses Subdistrict" in the Estates - Mixed Use District within the GGAMP contains specific provisions for Essential Services Conditional Uses, Conditional Uses on Golden Gate Parkway and Collier Boulevard, Transitional Conditional Uses adjacent to Neighborhood Centers, Transitional Conditional Uses [as buffers between residential and certain non-residential uses], and, Special Exceptions to Conditional Use Locational Criteria [for certain excavation activities and temporary model homes]. The First Congregational Church site did not previously comply with any of the Conditional Uses Subdistrict provisions, thus it was proposed as another Special Exception during the 2005 Cycle GMP amendments. The referenced GMP amendment has been adopted and is in effect. The review of CU-2007-AR-12357, First Congregational Church of Naples Conditional Use is predicated by the site-specific Growth Management Plan amendment which was adopted by the Board of County Commissioners (BCC) on December 4, 2007 and became effective February 19,2008. The Special Exception was written with GGAMP language which reads as follows: e) Special Exceptions to Conditional Use Locational Criteria: 3. Conditional Use for a church or place of worship as allowed in the Estates Zoning District is allowed on Tract 22, Golden Gate Estates Unit 97. The subject property is Tract 22, Golden Gate Estates Unit 97. The Neighborhood Information Meeting (NIM) for the GMPA required by LDC Section 10.03.05 F was conducted January 4, 2007. Notes from this meeting indicate that the property owners agreed to reserve at least a 45-foot wide Right-Of-Way (ROW) easement along the east edge of the subject property in order to connect lmmokalee Road (851) to Autumn Oaks Lane. This new street would be an ell:tension of Valewood Drive from the north, across Immokalee Road (CR-S51). Access from the subject site would be on Autumn Oaks Lane. Petitioners agreed this new side street would not be a major transportation "corridor", but would be designed as a "residential street". Final details about these design elements are being worked out with the County, but the design is expected to have limited access. The Conceptual Site Plan illustrates the proposed road along the subject property's eastern edge and its 45-foot ROW Reservation. The proper access configuration is also ShO\'\l1, including the east-side access drive between the onsite parking area and the reserved ROW. Based upon the above analysis, staff concludes that the proposed conditional use may be deemed consistent with the Golden Gate Area Master Plan. (See attached GMP consistency memorandum dated March 10, 200S) Transportation Element: The Transportation Services Department has reviewed this petition and has determined that this project is consistent with policy 5.1 of the Transportation Element of the GMP. The project produces 6 P.M. Peak Hour trips. If aU 6 trips become peak direction, peak hour trips on Immokalee Road (CR-85I ), the impact will be 0.17 percent. Immokalee Road Page 5 af8 Agenda Item No. 17C November 18, 2008 Page 13 of 50 (CR-851) between 1-75 and Logan Boulevard currently has 143 remaining trips, and is currently at a Level of Service (LOS) "E" as stated by the 2007 Annual Update and Inventory RepOlt (AUIR). However, this segment of ImmokaJee Road is anticipated to fail by 2013. As such, the applicant has elected to donate 45 feet of ROW for the connection/extension of Vale wood Drive at Immokalee Road (CR-85l) as mitigation for the proposed impacts. To accomplish the donation of the ROW for the Valewood Drive extension the applicant has elected to enter in to a Memorandum of Agreement as a stipulation for Collier COWlty Transportation Sen~ces Division approval (Attachment D). ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BlA), the Collier County Planning Commission (CCPe) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the GMP and, with the conditions proposed by staff, this project ",ill be in compliance with the applicable provisions of the LDC. Normally a church is not permitted at this location by the Golden Gate Area Master Plan (GGAMP), but the applicant's agent on behalf of the First Congregational Church applied for a Comprehensive Plan Amendment to establish provisions within the GMP for a Special Exemption to allow a church on the subject site by means of a Conditional Use application. On December 4, 2007 the Board of County Commissioners approved the GMP Amendment request and the amendment became effective February 19,2008. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acceS8 in case of fire or catastrophe. As depicted on the conceptual site plan, the ingress and egress to the subject property is limited to Autumn Oalces Lane, which is a local road. In addition, to improve pedestrian safety, a sidewalk will be provided along Autumn Oaks Lane and Valewood Drive which connects to the sidewalk along Immokalee Road. Lastly, staff from the Transportation and Fire Departments has indicated that this project will not adversely impact traffic flow and control, and that the access is adequate in case of fire or other catastrophe. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic 0 r odor effects. Due to the limited nature of the proposed church use, and the required vegetative buffers to be placed along the perimeter boundaries as well as a 6 foot tall wall along the western property line, staff is of the opinion that the impacts on the surroWlding neighbors should be ,. . muuma!. Page 6 of 8 Agenda Item No. 17C November 18. 2008 Page 14 of 50 4. Compatibility with adjacent properties and other property in the district. The proposed church site is located on the south of Inunokalee Road (CR-846) and is across from the Hunting Lakes and Quail II PUD zoned projects that are developed with commercial land uses as well as single-family and multi-family residential homes. Just south of the subject site is Autumn Oaks Lane (a local road) which abuts properties zoned Estates (E) which is developed with single-family home sites. The subject property also abuts an Embarq telephone switching station (Essential Services) on the west side of the site along with a model home. To the east is a vacant single-family home lot that is zoned Estates (E). The applicant and the Collier CO\ll1ty Transportation Services Division have agreed to enter into a Memorandum of Agreement for First Congregational Church of Naples (Attachment D) due to the site constraints from the applicant providing a 45-foot ROW easement to the County. The Memorandum of Agreement is requesting a LDC deviation. Any required preserve for the subject property may be provided off-site through the acquisition of like property with subsequent donation to Collier County or through a payment to Conservation Collier to secure an area consistent in size and quality to the on-site preserve area. Staff recognizes that a deviation request is not the appropriate process through the Conditional Use request. A Conditional Use process determines if the site is appropriate for the land use being requested. Since the applicant has worked out an arrangement with Transportation Services Division staff leaves this determination to the Board of County Commissioners (BCC). E:NVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the site is under the size threshold (10 acres) to require and Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was held on March 25, 2008 at 5:35 p.m. at the North Naples Church. Twelve persons from the public attended, as well as the applicant's team (D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A.) and county staff. There were no questions or concerns from the participants at this meeting. RECOMMENDATION: Staff recommends that the Collier CO\ll1ty Planning Commission (CCPC) forward Petition CU- 2007-AR-12357 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the follov>'ing conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B). The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and CO\ll1ty Jaws and regulations. 2. Subject to the stipulations contained in the Memorandum of Agreement date August 26, 2008 (Attachment D), and the final exhibit for the Right-of-Way reservation shall be a legal sketch and description of the property prepared by the County's consultant. Page 7of8 Agenda Item No. 17C November 18. 2008 Page 15 of 50 % /:;z ~/e)5 MELISSA ONE, P AL PLANNER DATE / DEPARTMENT OF ZONING AND LAND DEVELOPI\1ENT REVIEW UWFJ> BY, , A- C {to 11~ :::JGi f (;;, 'vvte.1 G HI ~ ASSISTANT COUNTY ATTORNEY Cj II ;;l J.Ql___ DAT ~ - 5-03 RA YM D V. BELLOWS, ZONING MANAGER DATE DEPAR MENT OF ZONING AND LA.c"<D DEVELOPMENT REVIEW ~V(\j h;~ 9-9-og SUS'AN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: J S ~ ~. ~HMI~ ADMINISTRATOR D:!:fd( o MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: 1 I STRAIN, CHAIRMAN Of - f '6~{) g DATE Staff report for the September 18, 2008 Collier County Planning Commission Meeting Tentatively scheduled for the November 18, 2008 Board of County Commissioners Meeting Attachmenis: A. B. C. D. E. CD Findings of Fact Conceptual Site Plan "FOUND ON PAGE 3 OF J 0" Resolution Memorandum of Agreement GMP Consistency Memo Page8of8 Agenda Item No. 17C November 18, 2008 Page 16 of 50 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.0I.B.1.c.7 of the Land Development Code authorizes 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 <text> _ 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 fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: CHAIRMAN: Attachment A Agenda Item No. 17C November 18. 2008 Page 17 of 50 Memorandum of Agreement For First Congregational Church of Naples CU-2007-AR-12357 August 26, 2008 First Congregational Church of Naples has made application to Collier County for Conditional Use approval of property located at 6225 Autumn Oaks Lane for the purpose of utilizing the property for a church sanctuary and related uses, Collier County is seeking to make improvements to the intersection of Valewood Drive and Immokalee Road and will require Right-of-Way from the church's property in order to do so. The purpose of this memorandum of agreement is to outline the elements of agreement relating to the reservation of ROW required for use by the County and to identify specific issues relative to the review and development ofthe subject property. This memorandum is to be made part of the Conditional Use record at the time of public hearing. Both Collier County and the property owner agree to stipulate to the following: I. At the time of SDP review and approval, the established water management control elevation will be set no higher than 10.75 feet NGVD. 2. The water management to serve the church parcel will be required to provide water quality treatment consistent with SFWMD standards and will be reviewed by Collier County. Furthermore, the County has deemed the configuration of the water management area as shown on the Master Plan to be acceptable. 3. Off-site discharge of storm water will not exceed the pre-development conditions of the site. A "pre vs. post" analysis shall be provided as part of the Site Development Plan process in order to make sure that this standard is met. 4. The applicant will reserve ROW consistent with the attached exhibit A and such reservation shall be eligible for impact fee credits consistent with the market value of the property prior to a successful rezoning. 5. The county will provide for a positive discharge point for stOTIn water along Autumn Oaks Lane for the subject property. The property owner and the County shall coordinate the location to be mutually acceptable. The minimum discharge elevation to the existing Autumn Oaks Lane roadside swa1e will be set at 10.4' NGVD. The project outfall structure shall be designed to meet the outfall flows. 6. Collier County will construct gravity walls along the subject properties northern property line within the County ROWand taper it to a shared slope and construction easement along Valewood Drive in order to accommodate the perimeter water management swale and landscape buffer for the ehurch property. The property owner will be responsible for the maintenance of the easement. 7. The County shall construct the sidewalk along Va1ewood Drive along the East side and reduce the ROW "corner clip" behind the Immokalee / Valewood turn out. The county will attempt to reduce the corncr clip where feasible. The applicant will not be responsible for construction of or payment in lieu for sidewalks adjacent to the project. Attachment "D" Agenda Item No. 17C November 18, 2008 Page 18 of 50 8. Any required preserve for the subject property may be provided off-site through the acquisition of like property with subsequent donation to Collier County or through a payment to Conservation Collier sufficient to secure an area consistent in both size and quality to the on-site preserve area. Adherence to these stipulations is mutually beneficial to both the applicant and Collier County in that it allows for the construction of the planned roadway improvements while preserving the viability of the parcel for its development and intended use. Attachment "D" o Z ~ ~ <Il '0 C (I) en <( l g ~~ ~~ ~~ ,w ~> I~ ~o erg ~~ h elel Vl~a:: ~ :i~~ ~ ~~::i ....00 g ~~t:l N ~ ~ ~ 11 ! ~ ~ 2 ~ ~ ~ " z " > ~ " ;z + - II II II 1/ II 1/ II II 1/ II II II II II II II 1/ 1/ 011 (311 0::11 wII ~II ~II 011 :::1/ ~II II 1/ II 11 II 1/ 11 II 11 1/ II , ~ , o rD ~ a t{'j '" . >- 02: .w 0::::; t')w ClV) .1 2:L;'ii i=:: V)O I 5(<>: ",0 QC I I w z :s ~ ~ z ::: ::l I- ::l 04: - i I I I o ill ... ffi_l-L<....... " 0 o o n ~I ,0 " il ~~ :~ ~~ o ~ ~ 5 ~~~ ~ i;l!:: ~~ '.J~ ~z '~ 0 ~i= :;04: "'~ l'lw ",<Il 8 ~ e: ~ ... ~;:i;:i Ol 0 > > (t; c: :;; g ~ ~ ~ ~ g ~ ~ 3~ . 0 ~ . ~ . DO ~ t- 0-0:51 " " ~ c.5 Z0 -~ ~:; c:)<< z~ _0 a:: it 'Of w.:g w~* Z.." "'- _Zi1! ,,,_ N "'0- Z:;l:l LU!:; u. ~ ::>0:\ z"''''~ .o~ OCl9g <<". cnfE ~g Ot:gje -~~>- >x:w~ JI Z.. ....~O:i! Q,,"'O W~..z~ '. ......0., V)~ o~ -~ ~ 0; (j ;; Z 20 f-" U<t ;:l ~~ '" J" f;t;; 5~ ~z mii ::0 fh . DO W rI " ~.! w~g. '" _z ..J~ "''' ;:. w ~ p j ..= u E .;( Co~r <:;;;Ou;nt:.y - Agenda Item No. 17C November 18. 2008 Page 20 of 50 CONSISTENCY REVIEW MEMO To: Melissa Zone, Principal Planner, Zoning and Land Development Review Department From: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Department Date: March 10,2008 Subject: Golden Gate A1!!a Master Plan (GGAMP) Consistency Rmew - Stage 2 PETITION NUMBER: CU-2007-AR-12357 PETITION NAME: First Congregational Church of Naples, Inc. REQUEST: The applicant is requesting a conditional use for a church/place of worship in the E, Estates zoning disnict in Golden G<tte Estates. LOCATION: The subject property contains 2.6 acres more or less and is located on the south side of Immokalee Road, lying approximately 300 feet east of Oakes Boulevard, north Of Autumn Oaks Lane, and west of Valewood Drive (extended), commonly known as 6225 Autumn Oaks Lane. This property is situated at the northwest boundary of Golden Gate Estates, in Section 29, Township 48 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property, 88 identified on the Future Land Use Map of the Golden Gate Area Master Plan (GGAJ\1P), is within the Estates - Mixed Use District, Residential Estates Subdisttict land use designations. The "Conditional Uses Subdistrict" in the Estates - Mixed Use District within the GGAMP contains specific provisions for Essential Services CUs, CUs on Golden Gate Parh'ay and Collier Boulevard, Transitional CUs adjacent to Neighborhood Centers, Transitional CUs [as buffers between residential and certmn non-residential uses], and, Special Exceptions to CD Locational Criteria [for certain excavation activities and temporary model homes]. The First Congregational Church site did not previously comply with any of the Conditional Uses Subdisnict provisions, thus it W88 proposed as another Special Exception during the 2005 Cycle GlvIP amendments. The referenced GMP amendment has been adopted and is in effect. The review of CU-2007 -AR-12357. First CongJ:egational Church of Naples Conditional Use is predicated by the site-specific Growth Management Plan amendment which W88 adopted by the BCC on December 4,2007 and became effective February 19,2008. -1- Attachment "E" The Special Exception was \l/ritren with GGAMP language which reads as follows: Agenda Item No. 17C November 18. 2008 Page 21 of 50 e) Special Exceptions to Conditional Use Locational Criteria: 3. Conditional Use for a church or place of worship as allowed in the Estates zoning district is allowed on Tract 22, GGE Unit 97. The subject property is Tract 22, GGE Unit 97. The Neighborhood Information Meeting (NIl'vl) fot the GMPA required by LDC Section 10.03.05 F was conducted January 4, 2007. Notes from this meeting indicate that the property owners agreed to reserve at least a 45 foot wide right-of-way easement along the east edge of the subject property in order to connect Inunokalee Road to Autmnn Oaks Lane. This new street would be an extension ofValewood Drive from the north, across Immob1ee Road, though not necessarily named as such. It was explained that one access from the subject site would lead onto Autumn Oaks Lane and one onto the (yet unnamed) side street Petitioners agreed this new side street would not be a major transportation "corridor", but would be designed as a "residential street", Final details about these design elements are being worked out with the County, but the design is expected to be limited access in some manner. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety. However, st"ff notes that in reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis is to be comprehensive and include a review of both the subject proposal and surrounding or nearby properties with regard to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. REVIEW OF APPLICATION MATERIALS: The Conceptual Site Plan correctly illustrates the "proposed road" along the subject property's eastern edge and its "45' R.O.W. Reservation". 'The proper access configuration is also shown, including the east- side access drive between the onsite parlting area and the reserved right-of-way. Based upon dIe above analysis, staff concludes tbat the proposed conditional use may be deemed consistent with the Golden Gate Area Master Plan. ON CD-PLUS tc: Susan M. Isttll'"' Alep, Zonill!; and Land Development Depanmmt, Director Rqy BeIJo1PJ, Zoning and Land Developmmt Department, Manager David Weeks, AlCP, ComJ>rehensive Plallni!:g Department, Plan!:ing Matiqger Ran4J' wilen, AICP, CompnllJensi1Jl: P!annillg Department, Dim:tor GG.1MJ> file -2 - Agenda Item No. 17C November 18. 2008 Page 22 of 50 RESOLUTION 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SECTION 2.03.01.B.1.c.l OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of approving a Conditional Use for a 6,000 square-foot church with a seating capacity of 300, pursuant to Section 2.03.01.B.l.c.1 of the Collier County Land Development Code (LDC) in the Estates (E) zoning district on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.0. 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 has considered all matters presented. Page 1 of2 Agenda Item No. 17C November 18, 2008 Page 23 of 50 NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by D. Wayne Arnold of Q. Grady Minor & Associates, P,A., representing the First Congregational Church of Naples, Inc., with respect to the property most commonly described as 6225 Autumn Oaks Lane, Collier COlUlty, Florida, consisting of one 2.6 acre parcel more particularly described as Tract 22, Golden Gate Estates subdivision, Unit 97, less the north 50 feet of said Tract 22, according to the plat thereof, recorded at Plat Book 7, Page 96, of the Public Records of Collier County, Florida, be and the same is hereby approved for a Conditional Use pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code in the Estates (E) Zoning District for a 6,000 square foot church with a 8eating capacity of 300, in accordance with the Conceptual Master Plan (Exhibit "B"), subject to the conditions set forth in Exhibit "C" which is 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 , Deputy Clerk By:_ TOM HENNING, Chairman By: Approved as to form and legal sufficiency: ~ JeffE. Wright Assistant County Attorney Page 2 of2 Agenda item No. 17C Novenlber18,2008 Page 24 of 50 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.01.B.l.c.7 of the Land Development Code authorizes 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 <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: CHAIRMAN: Attachment A Agenda IterTi No. 17C November 18, 2008 Page 25 of 50 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.0I.B.l.c.7 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and GrO'\,.,th 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 <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other propelty in the district: Compatible use within district Ycs No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: MEMBER: Attachment A ~ ;; to ~N ~~'" C"'Ol 2.!:1ctl -co.. re - -0'" c> ",0 OlZ <( ~ . ~ ~ U q 5 z ~ u u ~ ~ ~ n . . ~ ~ > ~ , ~ l- ii g . ~ I i II~DDf II~ I t:l ~ ~ ~ z ~ ~ ~ ~ ~ ~ o ~ . ~ ~ <: z ~ u ~o~ g~!2 d~~ ; "t:l~~ ~~l::l~ I:l::co-uu ~fI>:'''' o::iVlil'i ~~~~ ~~ .- ~ ~ . . . . , N e . ~ ;: . ~ . ~: 15 i~ . .ffi t:l " ~ ~~ fk ~61 ~ z_ " I r,~ , .<D '~ O~ o <t '" ~I:~ ~ ~:.- ;2. o :E ~ ~ ~ , ~NINOZ 3 Ol:JV811J3 :JSIIIJ Exhibit '8" %' ~1=' >~ ~~ > ~i H I-~ h ~n ~ <~~ ~ IDOe> ~ . 0 N:::lS N ,~~ 13.'-" ~.~w u-,~..,t) o ~< o~~;n R"?~_ ti'e. 8- o;J::(l!: -~ig xl1lLtl< ~ni ~iil~~ ;~~~ 1=il1>-() ~~~a ~;~~ PJi7i~1 .........0..... n~.~ -We ....;..5~ I<l::liod: OJ I- 00 ~ L El ~ ~ ~ . > . ~ 5 ~ El ~ 3 ~ e:. ~ ; ~ 2 ~ ~ ~ u .. 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UJ <t 0 ~ I- to: . ~ iil ~ 1 " 8 ;' .... ;:i;:i ~ '" ~ ~ '" ~ t; ~ 9 ~ ~ g :j( u Zoo -:;! ~" C)~ Z~ -'" a:~:; w -0 w;~ Z~_ -ZOo C)-a Z~)( W~~lD - ~ =>000 Z"'~o _00 O~'fg ... 0;; d V~fl:: "It Z QI-C;;-ri ..~- _ol(N) >!2w~ ... z~ ... o!f ~ Q~D.8 W" Z.O .. ~ Ill: a8~.. >- ~ c.... I I oj ;l; z Qc I-~ " <.. ::0 ii;- ..r: 5~ ~~ g~ ;:;0 CIl . UtJ UJ III [t ~.! U1<9~ '" _z -'~ ~- ;;:N W ~ Agenda Item No. 17C November 18, 2008 Page 27 of 50 , CONDITIONS OF APPROVAL 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attaclunent B). The site plan is conceptual in nature for conditional use approval. The final design must be in eompliance with all applicable federal, state, and eounty laws and regulations. 2. Subjeet to the stipulations eontained in the Memorandum of Agreement date August 26,2008 (Attaclunent D), and the final exhibit for the Right-of-Way reservation shall be a legal sketeh and description ofthe property prepared by the County's consultant. EXHIBIT C ucoo ,,-ocn ~~O_ NO ",CO o~N E~Q) Q)Q)O> _-" CO -En. coQ) "> Co g;,z <{ w Iw I: 0.. 0 <( :2: CJ z z 0 N ... Cl ::> t<Ol')N<J.NnH ~ Q~V^31f'108 S3~"O T ! \ - I c~ , "" " . 0. ~ 0 . ~ b Ol!'fA:nnOB HB NOd~"1 3'l1~O J~OO~BIUHON , 80 i. , c < c ~o " ~~ ~ " 0< 0. 0. Ow . 'g ! u G ~ c, "" c., :q I ~ ~o,''''' / - z- ,~, A.a 3:)>1,")" o 1 , . ; ~ ~ ""..lUll ~~ i~; ~ """A,'noe "31110~ i :. 1~i'1'! ~ ~ " ; l' '. , , -, , i ~ ~5 q ~i ,C-o aOOMl3lln.l h ! I _u~ ! i ; ! P A ., ,- i~ ~~:ll , ~ ~~ 0' 1 .-;~:; ,- , H , 1 .. ~~! <It:J1i , I[ ~ai! <> E r , s'O l , I OH.A,'noeNV"O' i~<> ! ~ , ~ r " C u i. I' j" 1- ~~ ~i ~ g~ Ii ~"' 0- ~ ,I: I ,I: Iii J3~~~~ ~l~ ~~ ~ ,. , il 11 ~.. ~8 I. ie'" w w ~ w, ai .--- ~\'-:l h ' :;1.-:' i ~ .Ol:lA"'-Nno"",-.:ro!<<lOi:IM.."'''''' I', ~"'- re1e ~'['i,J" ~ ~~1-i~ ",o,"'''c'l~ 1_,,1 n\/! 1 j,~ -, "ll~, -i. ~~~ ~ i {- -:,~-",I ~'" '1' h~; d ~~~~~ig~1;i S<l ~ It~ IL ,,0 ~~ U~; 'j 5~ ~~l r -- i~ ,!l~"o","'o,,,,,,"," I~~ On ~>- ~~ , ~ i ... r "-:l1"""'""' 5~;", ---' r ~~I~~~o ~'", _ ~~;' ~i i~ g ~ r . ~ ~~~ ~ ~! ~~~ "' " i , , , ! ~ ~~€ I IT ~,,~ i~~ c.l1 ,~, 'IS""~ ~"'"~d , I ~I "" ~, N c: '" ~ 01 0' N :J u "I zi Oi ~I ~I 0.. <( :2: z o f- <( o o ....J COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 17C November 18, 2008 Page 29 of 50 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 543-5958 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [CU_2007-AR-12357 REV: 3 FIRST CONGREGATIONAL CHURCH OF NAPLES Project: 2006030050 Date: 4/4108 DUE: 5/2108 ABOVE TO BE COMPLETED BY STAFF NAME OF APPLlCANT(S) FIRST CONGREGATIONAL CHURCH OF NAPLES. INC. ADDRESS 2338 IMMOKALEE RD CITY NAPLES STATE FLORIDA ZIP 34110 TELEPHONE # 239-643-5218 CELL # ___________________ FAX # 239- E-MAIL ADDRESS: NAME OF AGENT D. WAYNE ARNOLD FIRM Q. GRADY MINOR AND ASSOCIATES. P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134 TELEPHONE # 239-947-1144 CELL # FAX # 239-947-0375 E-MAIL ADDRESS:WARNOLD@GRADYMINOR.COM APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 . . . '. ." " .. . . '. , .' .. ~ . Agenc;,a Itecm No. 17C . " . : ~ . . ',' .... . - ." '. " '-: . ' '. ~,'. - . '. . Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION MAILING ADDRESS 140 WILSON BLVD. S. CITY NAPLES STATE FLORIDA ZIP 34117 NAME OF HOMEOWNER ASSOCIATION: OAKES ESTATES ADVISORY. INC. MAILING ADDRESS PO BOX 111046 CITY NAPLES STATE ~ ZIP 34108 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS _________________ CITY ___________ STATE ______ ZIP ________ NAME OF MASTER ASSOCIATION: ________________________________________ MAILING ADDRESS _.:.________________________ CITY __________ STATE ____ ZIP ______ NAME OF CIVIC ASSOCIATION: ______________________________________________ MAILING ADDRESS _______________________ CITY ________ STATE ____ ZIP ______ a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety. tenancy in common, or joint tenancy. list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership First Conqreqational Church of Naples. Ine. 2338 IMMOKALEE RD Naples. FL 34110 JOO% APPLICATION FOil PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 17C November 18, 2008 Page 31 of 50 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: _______________ APPLICATION FOR PUBLIC HEARING FOR CONOIT/ONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 17C November 18. 2008 Page 32 of 50 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (gj 11/2005 leased8 Term of lease _________'1rs./mos. If, Petitioner has option to buy, indicate the following: Date of option: __________________________ Date option terminates: __________________, or Anticipated closing date ________________ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 17C November 18, 2008 Page 33 of 50 Detailed le~al descriotion of the property covered by the application: Golden Gate Estates, Unit 97, Tract 22, Less the north 50 feet NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 29/ 48S/26E Lot: ________ Block: ________ Subdivision: _________________________________________ Plat Book _______ Page #: ___________ Property J.D. #: 41931040004 Metes & Bounds Description: SIZE OF PROPERTY~ ft. X _ft. = Total Sq. Ft. ___________ Acres 2.6:t ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: Propertv is located at 6225 Autumn Oaks Lane. It is southeast of the intersection of Oakes Boulevard and Immokalee Road. Zoning Land use S ROW. Estates E Estates W Estates Immokalee Rd... Ouail II PUD and Huntinoton PUD. residential and commercial Sinole familv residential Vacant sinqle familv residential Sinole familv residential N ROW. PUD Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No SectionlTownship/Range __..____.......__/ Lot: __________ Block: ___________ Subdivision: Plat Book Page #: __ Property J.D. #: _ Metes & Bounds Description: ___ / APPLICATION FOR PUBLIC HEARING FOR CONDITION4L USE - 4/14/03, rev 5/20/2005 Agenda Item No. 17C November 18, 2008 Page 34 of 50 Tvpe of Conditional Use: Reliqious Facility Present Use of the Property: The subiect propertv is undeveloped. It.l~1ft~}~ffi1;Il"@~~;\\1~~~tf~u~i;:,::.:;:::;~~,::;;;r~;f::J~f:~'.A~ ,';.~~tt.r, ::_ : . "I'm '~]~~>>~~11~t}~]t~hi~}'fff'Jj:~lt~~{~i~1~~:~j~t1~t1t*~~~ Evaluation Criteria: Provide a narrative statement describing this request for conditional use. The First Congregational Church of Naples is proposing to construct a 300 seat church facility on 2.6+/- acres of property the Church presently owns located at 6225 Autumn Oaks Lane. The Church intends to construct the facility as its permanent worship facility to serve its congregational growth in the north Naples area. The Church Intends to construct a sanctuary building with meeting space to serve up to 300 members. No separate day care facilities are proposed for the site. The Church proposes to construct both paved and grassed parking spaces to serve the facility. A conceptual site plan for the facility has been prepared and is included in the conditional use application. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Pian (include information on how the request is consistent with the applicable section or portions of the future land use element): The subject site is zoned E, Estates, and pursuant to Section 2.04.03 of the LDC, churches and places of worship are permitted conditional uses in the E, Estates zoning district. The applicant has filed an amendment to the Golden Gate Area Master Plan (GGAMP) to permit the subject site to qualify for a conditional use for churches and places of worship. The amendment (CP-2006-04) has been transmitted to the Florida Department of Community Affairs by the Board of County Commissioners for review. It is anticipated that the Board of County Commissioners will formally adopt the proposed revision to the GGAMP in December 2007. A copy of the staff report and executive summary for the transmitted amendment to the GGAMP has been included in the conditional use application. Once the amendment is formally adopted by the Board of County Commissioners, the subject request may be deemed consistent with the Growth Management Plan, Golden Gate Area Master Plan. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Ingress and egress to the site is proposed from Autumn Oakes Lane. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U5E - 4/14/03, rev 5/20/2005 Agenda Item No. 17e November 18. 2008 A traffic impact statement has been prepared for the proposed 300 seat'E\ihU;PaI\50 facility. Only minimal traffic impacts are associated with the church facility due to the off-peak hours for church services. No level of service impacts are associated with the request. The proposed ingress and egress to the church have been discussed with neighboring property owners during the growth management plan amendment Neighborhood Information Meeting. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The proposed church use anticipates no impacts to neighboring properties with regard to noise, glare, odor or economic impact. No immediate residential neighbors are adjacent to the site. The site immediately to the east is vacant, and the portion of parcel immediately to the west is developed with an essential service use (telephone switching station). Farther to the west at the intersection of Oakes Boulevard and Immokalee Road is a former model home. d. Describe the sites and the proposed use's compatibility with adjacent properties and other properties in the district: The proposed church use is compatible with adjacent properties and other properties in the Estates zoning district. The subject site abuts a 6-lane section of Immokalee Road on its northern property boundary. To the north across Immokalee Road is a commercial development at Valewood Drive. Churches with .similar location characteristics have previously been determined to be compatible with neighboring Estates zoned properties. Two other churches have been developed on Immokalee Road west of Oakes Boulevard. The church will be installing the required landscape buffers along the perimeter of the property and night time lighting will be limited to that necessary for security purposes. e. Please provide any additional information which you may feel is relevant to this request. The church acquired this property with the intent to develop its permanent worship facilities on the site. A growth management plan amendment was filed in 2006 in order to permit the church to seek a conditional use on this Golden Gate Estates tract. The church has worked with the Oakes Property Owners Association during the plan amendment review process and received support from the property owners for the proposed land use change. The plan amendment received a recommendation of approval from staff and the Board of County Commissioners voted unanimously to transmit the amendment to the Florida Department of Community Affairs. No public opposition was received during the plan amendment process. APPLICATION FOR PU8L!C HEARING FOR CONDITIONAL USE - 4/14/03, rev Sl20/200.' Agenda Item No. 17C November 18, 2008 Deed Restrictions: The County is legally precluded from enforcing deed rest'm.>ti6'mf,50 however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use oetitions on the subiect oroperty: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? YES. Growth Manaaement Plan Amendment, CP-200G-4 Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8)12" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . locations of solid waste (refuse) containers and service function areas, . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the land Development Code (lDC). d. Whether or not an E1S is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation land Use Cover and Forms Classification System. APPLiCATION FOR PUBLiC HEARINC FOR CONDIT/ONAL USE - 4/14/03, rev 5/2012005 Agenda Item No. 17C November 18, 2008 Page 37 of 50 e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: u.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239)435-2122; Fax (239)435-2160 i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 1 0.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE All PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. APPLlCA T/ON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005 Agenda Item No. 17C " THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOWW/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUBMITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover lelter briefly explaining the proiect 20 X Application (completed & signed) (download from website fo 20 X current form) <Additional set if located in the Bayshore/Gateway [Triangle 1 X Redevelopment Area) Addressing Checklist signed by Addressing 1 X Pre-Application meeting notes 20 X Conceptual Site Plan 24" X 36" piUS (one 8 Y, X 11 copy) 20 X Copies of Warranty Deed(s) 2 X Completed Owner/Agent Affidavits. Notarized 1 X Environmental Impact Statement (EIS), and digital/electronic X copy of EIS or exemption justification 4 Aerial Photographs (taken within the previous 12 months) 5 X Statement of utility provisions (wi1h all required attachments & X sketches) 1 Traffic Impact Statement (TIS). or waiver 7 X Historical and Archeoloqical Survey. or waiver 4 X Copies of State and/or Federal Permits Architectural Rendering of Proposed Structure( s) 4 X Electronic copy of all documents and plans (CDROM or 1 X Diskette) Letter of no objection from the United States Postal Service. X Contact Robert M. Skebe at (239) 435-2122. 1 ~~ _d~;/;7 ~I APPLiCA TION FOR PUBLiC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 17C November 18, 2008 Page 39 of 50 RESOLUTION 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SECTION 2.03.o1.B.1.c.l OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in 8aid regulations made and provided, and has considered the advisability of approving a Conditional Use for a 12,000 square-foot church with a seating capacity of 300, pursuant to Section 2.03.01.B.1.c.1 of the Col!ier County Land development Code (LDC) in the Estates (E) Zoning District on the propeliy hereinafter described, and the Collier County Planning Commission has found as a mattcr of fact (Attachment "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection IO.08.00.D. ofthe Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. Page I of 4 Agenda Item No. 17C November 18. 2008 Page 40 of 50 NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The petition filed by D. Wayne Arnold of Q. Grady Minor & Associates, PA, representing the First Congregational Church of Naples, Inc., with respect to the property most commonly described as 6225 Autumn Oakes Lane, Collier County, Florida, consisting of one 2.6 acre parcel more particularly described as Tract 22, Golden Gate Estates subdivision, Unit 97, less the north 50 feet of said Tract 22, according to the plat thereof, recorded at Plat Book 7, Page 96, of the Public Records of Collier County, Florida, be and the same i8 hereby approved for a Conditional Use pursuant to Section 2.03.01.B.l.c.1 of the Collier County Land Development Code in the Estates (E) Zoning District for a 12,000 square foot church with a seating capacity of 300, in accordance with the Conceptual Master Plan (Exhibit "B"), subject to the following conditions: 1. The Conditional Use is limited to what is shown 011 the Conceptual Site Plan (Attachment B). The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. At the time of SDP review and approval, the established water management control elevation will be set no higher than 10.75 feet NGVD. 3, The water management to serve the church parcel will be required to provide water quality treatment consistent with SFWMD standards and will be reviewed by Collier County. Furthermore, the County has deemed the configuration of the water management area as shown on the Master Plan to be acceptable. 4. Off-site discharge of storm water will not exceed the pre-development conditions of the site. A "pre vs. post" analysis shall be provided as part of 1l1e Site Development Plan process in order to make sure that this standard is met. 5. The owner or its successor and assigus shall bc required to reserve right of way as depicted in Attachment "B". The reserved road right of way shall be conveyed to Collier County in fee simple in exchange for impact fee credits. The value of the credit shall be calculated at the Page 2 of 4 Agenda Item No. 17C November 18. 2008 Page 41 of 50 actual cost per acre in which the applicant has paid for the property to the previous property owner. This dedication shaH occur with 90 days of the approval of this Conditional Use. 6. The County will provide for a p08itive discharge point for storm water along Autunm Oaks Lane for the subject property. The property owner and the County 8haH coordinate the location to be mutuaHy acceptable. The minimum discharge elevation to the existing Autumn Oaks Lane roadside swa1e will be set at 10.4' NGVD. The project outfall structure shall be designed to meet the outfall flows. 7. Collier County will construct gravity walls along the subject properties northern property line within the County ROWand taper it to a shared slope and construction easement along Valewood Drive in order to accommodate the perimeter water management swale and landscape buffer for the church property. The property owner will be responsible for the maintenance of the easement. 8. The County shall construct the sidewalk along Valewood Drive along the east side and reduce the ROW "comer clip" behind the Immoka1ee / Va1ewood turn out. The County will attempt to reduce the comer clip where feasible. The applicant will not be responsible for construction of or payment in lieu for sidewalks adjacent to the project. 9. Any required preserve for the subject property may be provided off-site through the acquisition of like property with subsequent donation to Collier County or through a payment to Conservation Collier sufficient to secure an area consistent in both size and quality to the on- site preserve area. 10. The maximum actual building height shaH not exceed 75 feet above finished floor elevation. II. The maximunl building square footage shall not exceed 12,000 with a maximum congregational scat capacity of 300. 12. Day Care Facilities are prohibited except during church services. Page 3 of 4 Agenda Item No. 17C November 18, 2008 Page 42 of 50 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: , Deputy Clerk By: TOM HENNING, Chairman Approved as to form and legal sufficiency: Steven T. Williams 51.,) Assistant County Attorney Page 4 of 4 Agenda Item No. 17C November 18. 2008 Page 43 of 50 ) BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.01.B.l.c.7 of the Land Development Code authorizes 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 /'\[o 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: I i Adequate ingress & egress Yes ./ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or Affect mitigated by <text> - - _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No_.~ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE:Df - (f/ () V I Ill! j'L I (/) /) L--- CHAllL\1AN:~~_~ ) Attachment A Agenda Item No. 17C November 18, 2008 Page 44 of 50 ) BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.01.B.1.c.7 of the Land Development Code authorizes 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 1.. 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 Yesk No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesL No_ DATE: ';)~1J ,\)' ZC01[S ~ ~,\5IvW3(r1L ! ()fh'O ~tf\'i9C I \,,\ '..\ Based on the above findings, this conditional use should, with sti (should not) be recommended for approval <text>. \ ) Attachment A Agenda Item No. 17C November 18, 2008 Page 45 of 50 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-J2357 The following facts are found: 1. Section 2.03.01.B.1.c,7 of the Land Development Code authorized the conditional use. 2. Granting the conditiDnal 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 Grovvth 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 acc'ess in case of fire or catastrophe: Adequate ingress & egress Yes I No C. Affects neighboring properties in relation to noise, glare, economic or odor effects : ~No affect or /Affectmitigated by <text> JT7Pl/..vff~nO/JS _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district / Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE:_~f/Of ~ MEMBER:ll!-n YM..--. ~ .ea... (];.JiA-rL./ Attachment A ) ) ) Agenda Item No. 1ye November 18, 2008 Page 46 of 50 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2,03.01.B.l.c.7 of the Land Development Code authorizes 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.L. No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or _ Affect mitigated by <text> _ 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) (should not) be recommended for approval <text>. DATE: Y./8' ~ t7 J? e~: ;;; qu ;f1;;/1/lfA. Attachment A Agenda Item No. 17C November 18. 2008 Page 47 of 50 ,/ FINDING OF FACT BY COLLIER COUNTY PLANNlNG COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.0 1.B.I.c. 7 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the LandJeJOpment 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 ftre or catastrophe: (' Adequate ingress & egres/ Yes~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes j No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. aJ7 / ()- / '" (/' DATE: / r ,!( --~-- d/ . / ~ (/ MEMBER: , / / , C-/ / r-- Attachment A ) ) ) Agenda Item No. 17C November 18, 2008 Page 48 of 50 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.01.B.l.c.7 of the Land Development Code authorizes 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 vv'ith particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of ftre 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 <teAi> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ND Based on the above fmdings, this conditional use should, with stipulations, (copy attached (should not) be recommended for approval <text>. DATE:J~ /f~O.f- <S:tif7-~ p J I //?-;;( I 0 -r-~ /"loPe/3- U Attachment A Aoenda item No. 17C November 18. 2008 Page 49 of 50 FINDING OF FACT BY COLLIER COUNTY PLANNlNG COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12357 The following facts are found: 1. Section 2.03.01.B.1.c.7 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: 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: C. Adequate ingress & egress/ Yes.,j No Mfects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by <text> _ Mfect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes j No B~,d 00 ilie """ findin", till, OOOO,"Orull ." 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