Agenda 06/10/2008 Item #16K 4
Agenda Item No. 16K4
June 10. 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners acting as the Board of Zoning
Appeals execute the attached Resolution for the expansion of the Golden Gate
Congregation of Jehovah's Witnesses, Inc. church to memorialize the decision the Board of
Zoning Appeals made at its April 22, 2008 meeting to accept the recommendation of the
Special Magistrate pursuant to the Florida Land Use and Environmental Dispute
Resolution Act (FLUEDRA).
OBJECTIVE: That the Board of County Commissioners (BCC) acting as the Board of Zoning
Appeals (BZA) execute the attached Resolution for the expansion of the Golden Gate
Congregation of Jehovah's Witnesses, Inc. church to memorialize the decision the BZA made at
its April 22, 2008 meeting to accept the recommendation of the Special Magistrate pursuant to
the Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA).
,.--.
CONSIDERATIONS: On April 22, 2008, the BZA approved the report of the Special
Magistrate pursuant to Subsection 70.5 l, Florida Statutes, by a vote of 4 to 1. The report
recommended that the BZA approve the conditional use for the expansion of the church but with
a revised site plan that would, among other things, eliminate the proposed berm on the south side
of the property, relocate the parking area to the side of the site nearest the county park property,
locate a wall around the parking lot and church building and building areas, and locate buffering
and preserve areas between the wall and the property line. The conditions of approval that were
part of the conditional use request heard by the BZA on June 26, 2007 have been modified to
take into account the April 22, 2008 stipulations of the BZA as well as the recommendations of
the Special Magistrate and appear as Exhibit B of the attached Resolution. The revised site plan
recommended by the Special Magistrate and approved by the BZA is attached as Exhibit A.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: The conditional use as modified by the Special
Magistrate's recommendation and accepted by the BZA is consistent with the Growth
Management Plan.
LEGAL CONSIDERATIONS: The Resolution is being brought back to the BZA for its
signature thus memorializing its April 22, 2008 decision to accept the recommendation of the
Special Magistrate.
RECOMMENDATION: That the BZA execute the attached Resolution to memorialize its
acceptance of the recommendation of the Special Magistrate.
PREPARED BY: Marjorie M. Student-Stirling, Assistant County Attorney
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it:;rTi [,Jo. "16!<4
June A! 0, 2008
F'age 2 of 7
RESOLUTION NO. 08-__
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE FOR AN
ADDmONAL CHURCH BUILDING IN THE ESTATE (E)
ZONING DISTRICT PURSUANT TO SUBSECTION
2.03.01.B. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED AT
3480 GOLDEN GATE BOULEVARD S.W., A PORTION OF
TRACT 81, GOLDEN GATE ESTATES UNIT NO.4, IN
SECTION II, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLlER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida 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, on June 26, 2007, the Board of Zoning Appeals (Board) at a duly advertised
public hearing considered Petition CU-2004-AR-6384 for the expansion of a church; and
WHEREAS, the Board's motion to approve the conditional use failed by a vote of 2 to 3;
and
WHEREAS, the Golden Gate Congregation of Jehovah's Witnesses pursuant to Section
70.51, Florida Statutes, known as the "Florida Land Use and Environmental Dispute Resolution
Act" (FLUEDRA) sought mediation of the dispute resulting from the denial of said conditional
use before a Special Magistrate selected by it and representatives of Collier County; and
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WHEREAS, upon a hearing and due consideration by the Special Magistrate, a
recommendation dated March IS, 2008, was issued wherein the Special Magistrate
recommended among other things that the Board approve an enhanced site plan for the
expansion of the church, which plan is attached hereto as Exhibit A; and
WHEREAS, on April 22, 2008, the Special Magistrate recommendation was presented to
the Board; and
WHEREAS, by a vote of 4 to I, the Board voted to approve the Special Magistrate
recommendation to approve the conditional use with the enhanced site plan and directed that this
Resolution of approval be brought back to it for execution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition filed by Mike Landy of Landy Engineering, Inc., representing Golden Gate
Congregation of Jehovah's Witnesses, with respect to the property hereinafter described as:
A ponion of Tract 81, Golden Gate Estates Unit No.4, Collier
County, Florida, as recorded in Plat Book 4, Pages 79.80, of the
Public Records of Collier County, Florida, and depicted on the
attached site plan, Exhibit A,
be and the same is hereby approved for a conditional use for an additional church building
pursuant to Subsection 2.03.0LB.ofthe Collier COWlty Land Development Code in an Estate (E)
Zoning District in accordance with the site plan (Exhibit A) and subject to the conditions set
forth in Exhibit B.
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.
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ATTEST:
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
1:OV~AI j'o?!l /ltI f ~ '~d:-~ -L.:.
Marjori tudent-Stirling ~ - - ~
Assistant County Attorney
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,~\genda Item r~o. 16h4
June 10,2008
Page 4 of 7
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
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June 1 Q, 2;)03
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Conditions for Approval of Condition Use CU-ZO03.AR-6384
(April 22, 2008)
1. The conditional use approval to allow the expansion of the church shall be
developed in accordance with the site plan prepared through the mediation
process pursuant to Section 70.51 (19), Florida Statutes, recommended for
approval by Special Magistrate Ted Brousseau identified as "Golden Gate
Boulevard House of Worship" and prepared by Landy Engineering, Inc., stamped
"Received October 24. 2007" and attached hereto as Exhibit A.
2. Any revisions to the above-referenced site plan shall be brought to the Board of
Zoning Appeals for its approval.
3. A six-foot wide sidewalk shall bc constructed from the sidewalk along Max Ha~se
Park Drive to the existing church building prior to the issuance of the Certificate
of Occupancy for the new church building.
4. A six-foot high CBS wall, three feet above existing grade, shall be constructed
along the west and south side of the property as depicted on the attached site plan,
Exhibit A. The wall shall be constructed prior to the commencement of
construction of the parking lot and new church building.
5. A Type "D" landscape buffer shall be provided along the south property line as
depicted on the attached site plan, Exhibit A. This buffer shall be provided prior
to the commencement of construction of the parking lot and new church building.
6. A Type "8" landscape buffer shall be provided on the western property line as
depicted on the attached site plan, Exhibit A. This buffer shall be provided prior
to the commencement of construction of the parking lot and new church building
7. The access to I st A venue S.W. shall be restricted by a gate for emergency vehicle
use only.
EXHIBIT
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i.<.wnda ijem [-Jo, 16KA
..June l:J. :::OU8
Page 7 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
ISf~4
Item Summary:
Recommendation thallhe Board of Coullty Commissioners acting as the Board of Zoning
Appeals execute the attached Resolution for the expansion of the Golden Gate Congregation
of Jehovahs Witnesses Inc church to memorialize the decision the Board of Zoning Appeals
made at its April 22, 2008 meeting to accept the recommendation of the Special Magistrate
pursuant to the Flonda Land Use and Environmental Dispute Resolution Act (FLUEDRA)
Meeting Date:
6110/20089.0000 AM
Prepared By
Marjorie M. Student-Stirling
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/29/200812:16:20 PM
Approved By
Jeff KlatzKoW
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/29/20082:13 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Mar.agement &.. 8udget
5/30/2008 9:58 AM
Approved B}'
Jo~!n A. '{onkc's!:y
Director of the Office of fifianagement
Date
County 1\';znegH's Office
Office of rv;anagement &. 8ud;jet
5:30/2008 LC3 PM
Approved B}'
James V. Muad
:aunty Manager
Jate
Board of County
Commissione:-s
County r\!ionage~'s Office
5!30/2008 2:12 PM
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