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Agenda 03/11/2008 Item # 7A Agenda Item NO.7 A March 11, 2008 Page 1 of 51 EXECUTIVE SUMMARY CU-2007-AR-11394, The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, represented by Matthew Vasilevski of Wedding, Stephenson, and Ibarguen, Architects, Inc" is proposing a Conditional Use of the Commercial Professional and General Office (C-t) Zoning District with a SR 29 Commercial Subdistrict Overlay (C-t-SR29-COSD) and the RSF-3 (Residential Single-Family) Zoning District for a ChurchfPlace of Worship, as provided for in LDC Section 2.04,03, Table 2 of the Land Development Code (LDC), The t6.8-acre site is located at 635 State Road 29, in Section 32, Township 46 South, Range 29 East, Immokalee, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced Conditional Use petition and render a decision pursuant to Section] 0.08.00 of the LDC in order to insure that the community's interests are maintained. CONSIDERATIONS: The petitioner requests approval of a Conditional Use for an approximately 10,850-square foot, one-story churchlhouse of worship with a one-story, 2,800-square foot future addition, providing for a total of 13,650 square feet. The church facility would offer two 3.5 hour services on Sundays, with approximately 170 congregants at each service. With the eventual completion of the proposed expansion, each Sunday service would accommodate an estimated 230 persons. The remaining days of the week, the church building would only be used by a maximum of five church members doing clerical work from 6:00 p.m. to 9:00 p.m., and no more than five visitors using the "Family History Center" for genealogy research. .~ As shown on the Conceptual Site Plan for the subject Conditional Use, entitled, "Immokalee Meetinghouse Fort Myers, Florida Stake, the Church of Jesus Christ of Latter Day Saints," prepared by Wedding & Stephenson Architects, ]nc., and dated March ]2, 2007, as revised through January 9, 2008, vehicular access to the site would be provided from SR 29, Pedestrian access would be afforded via an existing sidewalk along the property's SR 29 frontage, linking the site to the parcels abutting it to the north and south. The proposed ] 0,850 square foot "meeting hall" would be a one story structure with a maximum zoned height of 35 feet and a steeple whose maximum actual height would be 67 feet, pursuant to LOC Section 4.02,01 0.1 Exemptions and exclusions from design standards. The structure would be set back approximately 55 feet from the SR 29 right-of-way, with parking and travel aisles surrounding its northern, western and southern sides. The future 2,800 square foot, one story addition would have a maximum zoned height of 35 feet and would be attached to the building's eastern side, No appurtenances would be allowed on its roof. A total of 106 parking spaces would be provided to accommodate both the original and expanded building. Stormwater management for the church would be handled by a pond located in the northeastern corner of the property, and a wetland surrounded by a 25-foot vegetated buffer would be preserved in the center of the site. Perimeter landscape buffers would include a 10-foot wide Type A buffer along the northeastern, northern and western boundaries of the property, and a 15- foot wide Type B buffer along its Page 1 of 5 Agenda Item No. 7A March 11, 2008 Page 2 of 51 southern boundary. A preserve area comprising IS percent of the existing native vegetation on site would be retained or replanted in the southwestern comer of the property. Staff received two letters of objection from property owners of different parcels to the south of the subject site, one of which is developed with a shopping center. Both letters expressed concern about the proposed Conditional Use's location on commercially-zoned property near a "main intersection," and its "impact on the future development of this area." The owner of the undeveloped parcel, located approximately 330 feet from the subject property, was particularly concerned about the effect of LDC Section 5.05.01, Businesses Serving Alcoholic Beverages. According to this provision, uses serving alcoholic beverages can not be located within 500 feet of an established church unless a waiver is granted from the Board of Zoning Appeals for a reduction or elimination of the distance requirement. However, exemptions to this provision include restaurants that derive 51 percent of their revenue from food and nonalcoholic beverages. Therefore, if approved, the proposed church would actually only limit this owner's ability to open a bar on his property unless a waiver was sought from the BZA. (The other neighbor's property would not be affected by approval of the church use as it is located further than 500 feet from the subject property.) FISCAL IMPACT: The proposed church will have no fiscal impact on Collier County. There is no guarantee that the project will maximize its authorized level of development; however, if the Conditional Use is approved, the subject property will be developed, and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on its public facilities. These impact fees are used to fund projects identified in the Growth Management Plan's Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities, Additionally, in order to meet the requirements of Section 1O.02.07(C) of the Land Development Code, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property, as identified on the Future Land Use Map of the Immokalee Area Master Plan (lAMP), is designated Neighborhood Center Subdistrict. Areas within this designation are meant to provide centers of activity and contain a mix of uses to serve the needs of the surrounding neighborhoods. The lAMP states, "[t]o achieve a neighborhood character, these centers are encouraged to be anchored by elementary schools, neighborhood scale parks, and/or churches." The lAMP further states that non-residential uses should be at least 20 percent of the Page 2 of 5 Agenda Item No. 7A March 11, 2008 Page 3 of 51 size of Neighborhood Centers. As this site is intended to be used for church purposes and meets the relevant criteria, it is consistent with the land use designation of the IAMP. AFFORDABLE HOUSING IMPACT: Approval of this Conditional Use would have no affordable housing impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Conditional Use. ENVIRONMENTAL ADVISORY COUNCIL (RAc) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. As previously stated, a poor quality, non-forested wetland, surrounded by a 25-foot buffer, would be preserved in the center of the site; and a preserve area representing 15 percent of the existing native vegetation on site is proposed in the southwestern comer of the property. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPe) heard this petition at their February 7, 2008 meeting, and voted 6-3 to forward this petition to the BZA with a recommendation of denial. The Planning Commissioners opposed to the Conditional Use were concerned about abridging the property rights of the one affected commercial property owner, whose property is located approximately 330 feet from the subject property. However, if approved, the Planning Commission recommended the deletion of the following development conditions contained in Exhibit D of the staff report: ]. Services shall be on Sundays between 8:00 a.m. and 6:00 p.m., with no more than] 70 persons per service. Once the proposed expansion is completed, this number may increase to 230 persons per service. Monday through Saturday, the church building shall not be occupied by more than five clerical staff and five non-clerical staff between the hours of 6:00 p.m. to 9:00 p.m. 2. Signage on the site shall be limited to one stone sign measuring approximately 2.9 feet by 4.6 feet inset into the brickwork of the church building. 3. Soil sampling results shall be submitted to the County Environmental Services Department for review prior to the next development order. LEGAL CONSIDERATIONS: Before you is a Conditional Use for an approximately 13,650-square foot, one-story church/house of worship facility. A Conditional Use is a use that is permitted in a particular zoning district subject to certain r<;lstrictions. Decisions regarding Conditional Uses are quasi Page 3 of 5 Agenda Item NO.7 A March 11, 2008 Page 4 of 51 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. The petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question the petitioner, or staff, 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, and/or 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.-JAK RECOMMENDATION: Staff recommends that the Collier County Board of Zoning Appeals (BZA) approve petition CU-2007-AR-I1394, subject to the adoption of the conditions enumerated below. Staff respectfully disagrees with the Planning Commissioners who recommended denial of the petition based solely on a neighboring property owner's being potentially restricted from opening a bar, unless an exemption from the locational requirements of the LDC is sought. Although this affected neighbor's property is zoned C-3, it is presently undeveloped, and there is no guarantee that it will ever develop. But even if it eventually did, it would still be entitled to the full range of uses permitted under the C-3 zoning district except for a bar (defined a use deriving the preponderance of its sales from alcoholic beverages) since this is the only use restricted by the LDC to a distance of 500 feet from a church use; and even if a bar were the only tenant the property owner could ultimately attract if he did indeed develop his property, then he could still seek a waiver of the LDC locational requirement for bars, pursuant to Section 5.05.01.A.6, for which the applicant has already expressed his support on the record. (It should be noted that this waiver would have to be filed as a separate petition and properly advertised, and as such could not be granted by the BZA as part of its motion on the subject petition.) Due to the fact that all the necessary requirements of the GMP and the LDC have also been satisfied, staff recommends approval of the proposed Conditional Use, subject to the following: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Immokalee Meetinghouse Fort Myers, Florida Stake, the Church of Jesus Christ of Latter Day Saints," prepared by Wedding & Stephenson Architects, Inc., and dated March 12, 2007, as revised through January 9, 2008. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. Building height for both the primary structure and the addition shall be a maximum zoned height of 35 feet. One steeple shall be permitted on the 10,850-square foot primary structure, and shall have a maximum actual height of no more than 67 feet. 3. All parking shall be contained on-site and limited to 106 parking spaces. Page 4 of 5 Agenda Item No. 7 A March 11, 2008 Page 5 of 51 4. Soil sampling results shall be submitted to the County Environmental Services Department for review prior to the next development order. Staff has retained the soil sampling stipulation of Condition #4 in spite of the Planning Commission's recommendation to delete it because it is an LDC requirement for all projects necessitating an Environmental Impact Statement. As such, only the BCC is authorized to grant a waiver of this requirement. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning & Land Development Review Page 5 of 5 Item Number: Item Summary: Meeting Date: Page I of2 Agenda Item No. 7A March 11. 2008 Page 6 of 51 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A This item has been continued to the April 22, 2008 Bee Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- 2007 -AR-11394. The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, represented by Matthew Vasilevski of Wedding, Stephenson, and Ibarguen, Architects, Inc. proposing a Conditional Use allowed per LOC Section 2.04.03 of the Commercial Professional and General Office Zoning District with a SR29 Commercial Subdistrict Overlay (C-1-SR29-COSD) for Church/Place of Worship. The 16.747 acres Commercial ProfesslOnal and General Office Zoning District with a SR29 Commercial Subdistrict Overlay (C.1-SR29-COSD) zoned site permits religious facilities as a conditional use. The subject property is located at 635 State Road 29, in Section 32. Township 46 South, Range 29 East. Immokalee, Collier County, Florida. 3/11/200890000 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Date Zoning & Land Development 2/14/20084:28:37 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 2/15/20081:01 PM Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 2/19/20088:14 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Approved By Zoning & Land Development Review 2/20/2008 12:06 PM Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Date Approved By Zoning & Land Development Review 2/28/2008 11 :56 AM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 2/28/2008 12:49 PM Approved By file://C:\Agenda Test\Export\ I 02-March%20 I 1,%202008\07 .%20BOARD%200F%20Z0NI... 3/5/2008 Page 2 of2 Agenda Item No. 7A March 11, 2008 Page 7 of 51 OMS Coordinator Applications Analyst Date Administrative Services Information Technology 2/29120087:27 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 2129/20088:27 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/312008 9:42 AM file://C:\AgendaTest\Export\ I 02-March%20 I ] ,%202008\07.%20BOARD%200F%20Z0NI... 3/5/2008 COLLlER COUNTY GOVERNMENT DEPT, OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 7A M!\(y.~.11 2008 2800 NORTH HORSESHOE D~ 8 of 51 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be completed by staff ABOVE TO BE COMPLETED BY STAFF APPLICANT INFORMATION NAME OF APPLlCANT(S) OF LATTER DAY SAINTS ADDRESS 50 E. NORTH TEMPLE - ROOM 22 CITY SALT LAKE CITY STATE UTAH TELEPHONE # 352-243-6771 CELL # E-MAIL ADDRESS: BIBLEJL@LDSCHURCH,ORG CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST ZIP 84150-3620 FAX # 352-243-6773 NAME OF AGENT MATTHEW VASILEVSKI FIRM WEDDING + STEPHENSON. ARCHITECTS. INC. ADDRESS 300 FIRST AVENUE S. - SUITE 402 CITY ST. PETERSBURG STATE FLORIDA ZIP lliQl TELEPHONE # 727-821-6610 CELL # 239-248-6272 FAX # 727-894-4216 E-MAIL ADDRESS:MATT{a)WEDDINGARCHITECTS.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS, GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS, APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 7A March 11, 2008 Page 9 of 51 ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition, Provide additional sheets if necessary, NAME OF HOMEOWNER ASSOCIATION: N / A MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIA nON: MAILING ADDRESS CITY STATE ZIP 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 DISCLOSURE OF INTEREST INFORMATION 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)_ Nome 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 af Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 t CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LA TIER DAY SAINTS 1 00% 50 E. NORTH TEMPLE - ROOM 22 SALT LAKE CITY , UTAH 841 50-3620 (NOTE: PLEASE SEE ATTACHED AFFADAVITl Agenda Item No. 7 A March 11, 2008 Page 10 of 51 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 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/J4/03, rev 5/20/2005 Agenda Item No. 7A March 11, 2008 Page11of51 Date of Contract: f, If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Nome and Address g, Date subject property acquired D leased D Term of lease 4/24/2001 yrs,jmos, If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date . or 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, PROPERTY LOCATION Detailed leaal description of the propertv covered bv the application: (If spoce is inodequate, attach on separate page,) If request involves change to more thon one zoning district, include separate legol description for property involved in each district, Applicant shall submit four (4) copies of a recent survey (completed within the last six months, moximum I" to 400' scale) if required to do sa at the pre-opplication meeting. NOTE: The opplicant 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 W46 South/29 Eost Lot: !::!L8- Block: !::!L8-Subdivision: N / A Plat Book 1649 Poge #: 798 Property I,D,#: 00073480000 Metes & Bounds Description: A carcel of orooertv beainnina at iron stake at the intersection of State Road 29 and the South corner of Glidden Prooertv. thence South 00'53'41" East a distance of 370.33 feet. thence South APPLICATION fOR PUBUC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 7 A 89002'05" West 0 distance of 1226.95 feet. thence North 00056'02" West a distonce of 665.55 f~llIrei\ae2008 Page 12 of 51 North 890 East a distonce of 932.76 feet. thence South 00049'35" East a distance of 294.32 feet. thence North 89006'19" East a distance of 295 feet to the Point of beoinnina. Alllyina and beina in the NE ,;" of the NE '/. of Section 32. Townshio 46 South. Ranae 29 East. Collier County. Florido. SIZE OF PROPERTYi ft,X ft, (N/ A - irregulorly shoped porcel) = 729.507 Total Sq, Ft, 1 6.747 Acres ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 635 STATE ROAD 29 IMMOKALEE. FL 341 42 ADJACENT ZONING AND LAND USE Zoning Land use N RSF-3 Sinale Familv Residential S C-3 Shoeeina Center E RSF-3 Sinale Family Residentiol W C-1 Church/Place of Worshio Does the owner of the subject property own property contiguous to the subjed property? If so, give complete legal description of entire contiguous property, (If space is inadequate, attach on separate page), Sedion/T ownship/Range / I Lot: Plat Book Block: Page #: Subdivision: Property I.D.#: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL Tvpe of Conditional Use: This applicatian is requesting a conditional use allowed per LDC Section 2,04,03 of the C-l zoning district for Church/Place of Worshie (type of use), Present Use of the Property: None - undeveloeed APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 Agenda Item NO.7 A March 11, 2008 Page 13 of 51 EVALUATION CRITERIA Evaluation Criteria: Provide a narrative statement describing this request for conditional use, NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recammendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made cancerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below_ Specify how and why the request is consistent with each, (Attach additional pages as may be necessary), a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Section 2.03.02.a of the LDC identifies C-1 district zonino as intended to allow land uses that are most comoatible with. and located near. residential areas and are able to serve as transitional area from residential areas to areas of hiqher intensity commercial zoninq. Uses in the district are intended to have hiqh traffic volumes and on Iv short-term oeak conditions. The orooosed church meetinqhouse is well suited to orovidinq a transition from the residential areas to the north and west of the site to the hiqher densitv C-3 zoned oarcels to the immediate south of the site. as the use will qenerate very little of the increased noise and traffic qenerated by commercial uses. Short-term oeak traffic conditions would occur only before and after weekly worshio services. Section 2.03.02.a also identifies the intended use of C-1 lands to have a localized basis of market suooort not requirinq inter-jurisdictional or reqional suooort. The orooosed church is intended to orovide service to the local member oooulation in Immokalee and would not draw members from the laroer church meetinqhouse in Naoles. The area of the Darcel on which the church meetinqhouse Is orooosed has a desiqnated Future Land Use Element (FLUE) of Neiqhborhood Center Subdistrict. The Immokalee Area Master Plan (lAMP) describes the ouroose of this Subdistrict as: "The ouroose of this land use classification is to orovide for centers of activity that serve the needs of the surroundinq neiqhborhoods. The centers should contain a mix of neiqhborhood oriented uses such as day care center. oarks. schools, and qovernmental activities." Althouqh reliqious facilities are not soecifically mentioned. their use is similar to the uses mentioned above and is exoressly desiqned to meet the needs of the surroundinq community. The lAMP does in subsection (a.) of the Neiqhborhood Center Subdistrict section, describes the intention of the Subdistrict "to be anchored by elementarv schools, neiqhborhood scale oarks, and/or churches. In addition. the orooosed oroiect comolles with all of the other criteria set forth for rellqious facilities that are oermitted in Zoninq Districts C-2 throuqh C-4 and as a conditional use in the C-1 district (as in this casel. 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: APPLICATION fOR PUBLIC HEARING FOR CONDITIONAL USE - 4/1 4/03, rev 5/20/2005 T Inqress and eqress will be Drovided at two locations. The north end of the propert;WIJil~~~N~6~~ dedicated entrance/exit which will lead to a 24' wide road with parkinq on both sides. Tm.dI()~f 51 end of the property will have an access road to the rear portion of the parcel that is to be left undeveloped. From this access road. an entrance to the church parkinq lot is provided leadinq to 14 anqle parkinq spaces. Continuinq Dast the parkinq spaces. the motorist will come to another section of the parkinq lot to the rear of the site which connects with the parkinq to the north of the site. The parkinq area to the rear of the site also has an entrance/exit to the access road. Sidewalks are beinq provided around the entire buildinq and connectinq to the sidewalk at the road. Please refer to the site plan for clarification. Pedestrians will be able to safelv and convenientlv access the buildinq from the road. havinq onlv to cross the access road at the street to access the buildinq. Flow of the traffic at the south end of the site will be well controlled bv the one way parkinq area. Other two way areas of the site will be sufficiently wide at 24' and will have qood visibility. Stops sians and stop bars are beinq provided where the access roads enter the site and also where the one-way parkinq area enters the rear parkinq area. Two entrances. sufficient turninq radius for fire department vehicles. and the ability to for fire department vehicles to enter and exit the site without havinq to back UP and turn around provide thorouqh access in case of a fire or catastrophe. With most usaqe occurrinq on a Sunday morninq. the proiect would have verv little neqative impact on traffic and community services durinq peak weekday hours. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The proposed buildinq will be bordered by a small shoppinq center the south. a residence located approximately 275' to the buildinq's north and a residential street over 1000' to the west. Across the street from the site is a small church with similar use patterns. Noise will from inside of the buildinq will not be heard outside of the property. Minimai noise from vehicles and people enterinq the buildinq is of course unavoidable. Glare will be minimal. It is the church's poliCY to provide only the minimum site Iiqhtinq required by code. The nearby economy will see some sliqht economic impact. mainly occurrinq before and after Sunday services. with some churchqoers patronizinq local restaurants. qrocerv stores. or convenience stores. Siqnificant odor from the property is not anticipated. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: Please see response to question c. e, Please provide any additional information which you may feel is relevant to this request, Deed Restrictions: The County is legally precluded from enforcing deed restrictions, 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. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, reI' 5/20/2005 Agenda Item No. 7A March 11, 2008 Previous land use oetitions on the subiect orooertv: To your knowledge, has a public helem!ltg1l5erni1 held on this property within the last year? If so, what was the nature of that hearing? The oarcel hod 0 small area of the RSF-3 zoned land immediatelv to the west of the C- 1 zoned land to allow 0 church/reliaious facilitv, That conditional use has now exoired 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'/2' x 11" copy of site plan], drawn to a maximum scale of 1 inch equah 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]; . 011 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), . 011 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 0 narrative statement as to the type, character, and dimensions (such as height, area, etc.); C. An Environmental Impact Statement (EIS), os required by Section 3,8, of the Land Development Code (LDC). d. Whether or not an EIS 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. 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 on area of historical or archaeological probability (as identified at pre-application meeting); APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 4/74/03, rev 5/20/2005 t Agenda Item No. 7A March 11, 2008 h. The petitioner must provide a letter of no objection from the United States Postal ServiClgf)rfllrof0i1 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 federol perm its, BE ADVISED THAT SECTION 10,03,05_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, CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED, Agenda Item NO.7 A March 11, 2008 Paae17af51 #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explaininq the project 20 x Application (completed & signed) (download from website for 20 x current form) "Additional set if located in the Bayshore/Gateway Triangle 1 Redevelopment Area) Addressinq Checklist siqned by Addressinq 1 x Pre-ApDlication meetinq notes 20 x Conceptual Site Plan 24" X 36" plus (one 8 ]I, 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 x COPy of EIS or exemption iustification 7 Aerial Photographs (taken within the previous 12 months) 5 x Statement of utility provisions (with all required attachments & x sketches) 1 Traffic Impact Statement (TIS), or waiver 7 x Historical and Archeological Survey, or waiver 4 x Copies of State andlor Federal Permits x Architectural Rendering of Proposed Structure(s) 4 x Electronic copy of all documents and plans (CORaM or 1 x Diskette) Letter of no objection from the United States Postal Service. x Contact Robert M. Skebe at (239) 435-2122. 1 ApplicanVAgentSignature Date APPLICATION fOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 7 A March 11, 2008 Page 18 of 51 RESOLUTION 08._ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION CU-2007.AR.II394, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCHlPLACE OF WORSIDP WITfllN A COMMERCIAL PROFESSIONAL AND GENERAL OFFICE ZONING DISTRICT WITH A SR29 COMMERCIAL SUBDISTRICT OVERLAY (C.I, SR29.COSD) AND A RSF-3 RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT FOR PROPERTY AT 635 STATE ROAD 29, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the Stllte 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) 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 Petitioner is requesting that the Board grant it a conditional use to operate a Church meetinghouse at 635 State Road 29 in Immokalee, Florida, on land within the Commercial Professional and General Office Zoning District with a SR29 Commercial Subdistrict Overlay (C-l, SR29-COSD); and WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow, pursuant to Land Development Code (We), Section 2.04.03, Table 2. a Church meetinghouse on property zoned C- I and SR29-COSD aad RSF-3 Residential Single-Family, and hereinafter described, and the Collier County Planning Commission bas found as a matter of fact (Exhibit "A") that satisfactory provision and arnmgernent have been made concerning all applicable matters required by said regulations and in accordance with Subsection lO.OS.DO.D, of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORB, BE IT. RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition CU-2007-AR-11394, filed by Matthew Vasilevski of Wedding, Stephenson, & Ibarguen Architects, representing Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints with respect to the pr,operty described in Exhibit "B," attached hereto and incorporated by reference herein, be and the same is hereby approved fot' a Conditional Use for a Church meetinghouse. pursuant to LDC Section 2.04.03, Table 2, on properly zoned C-I and SR29-COSD and RSF-3 Residential Single-Family, in accordance with the Conceptual Master 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 relating to Petition Number CU- 2007-AR-11394 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 App and 'lgA Attachments: Exhibit A: Collier COllnty Planning Commission Findings of Fact Exhibit B: Legal Description Exhibit C: Conditional Use Conceptual Site Plan Exhibit D: Conditions of Approval Agenda Item NO.7 A March 11, 2008 Page 19 of 51 Agenda Item No. 7A March 11, 2008 Exbih1f'9f 20 of 51 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-11394 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: CHAIRMAN: Agenda Item No. 7A March 11, 2008 Page 21 of 51 CU-2007-AR-11394 Metes & Bounds Description A parcel of property beginning at iron stake at the intersection of State Road 29 and the South corner of Glidden Property, thence South 00053'41" East a distance of 370.33 feet, thence South 89002'05" West a distance of 1226.95 feet, thence North 00056'02" West a distance of 665.55 feet, thence North 89004'05" East a distance of 932.76 feet, thence South 00049'35" East a distance of 294.32 feet, thence North 89006'19" East a distance of 295 feet to the Point of beginning. All lying and being in the NE 1;4 of the NE 1;4 of Section 32, Township 46 South, Range 29 East, Collier County, Florida. Exhibit "B" f <(co~ !,-Octl .0_ -N 0 :N _N OJ.c OJ :::::~g' UtL c.- ~ -= >'i '"" r] -~Ul 'll:lDll\ttlIV uosueLldelS + !lU!PpeM I '".. 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I!. -/ lill 0 b';; U) 'l!l 0 !" u ll'S~ rn Iill N f- '"I n:: z ;11 U) <:( I u I <:( u > 0 w Z 0 N I!i ! iA!i1 . ; ,,,,,,=,-.,.-,...- ~ .- \1 I~ -, !, t Agenda Item No. 7 A March 11, 2008 Exhibi~'{jle 24 of 51 DEVELOPMENT CONDITIONS CU-2007-AR-11394 February 8, 2008 I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Meetinghouse Fort Myers, Florida Stake, the Church of Jesus Christ of Latter Day Saints," prepared by Wedding + Stephenson Architects, Inc., and dated March 12, 2007, as revised through January 9, 2008. The site plan noted is conceptual in nature for conditional use approval. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. Building height for both the primary structure and the addition shall be a maximum zoned height of 35 feet. One steeple shall be permitted on the ] 0,850- square foot primary structure, and shall have a maximum actual height of no more than 67 feet. 3. All parking shall be contained on-site and limited to 106 parking spaces, ~,l\!if1Ill!lM1~B March 11, 2008 Page 25 of 51 Co~y County C\mSlliDP"- 'Th....-~ ....... STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: FEBRUARY 7, 2008 SUBJECT: PETITION CU-2007-AR-] 1394, LDS (LATTER DAY SAINTS) IMMOKALEE CHAPEL CONDITIONAL USE PROPERTY OWNER/AGENT: OWNER: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints 50 E. North Temple, Room 22 Salt Lake City, UT 84150-3620 AGENT: Matthew Vasilevski Wedding, Stephenson, Ibarguen Architects, Inc. 300 First Avenue S., Ste. 402 St. Petersburg, FL 3370] REOUESTED ACTION: The petitioner requests approval of a Conditional Use in the C-I (Commercial Professional and General Office) zoning district, within the SR 29 Commercial Overlay Subdistrict (SR29 COSD), and the RSF-3 (Residential Single-Family) zoning district to permit a church/house of worship, as specified in Subsection 2,04.03, Table 2, of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The 16.] 8-acre subject parcel is located at 635 Fifteenth Street (SR 29) in Immokalee, which lies on the western side of SR 29, approximately 1,600 feet north of the Lake Trafford Road (CR- 890) intersection, in Section 32, Township 46 South, Range 29 East, Collier County, Florida (see the locator map on the following page). 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I ~ )a'lm~I:I.II(IlIt/JlIlII~1 :::::::~:::::::r:~:.~::.~ ::::::::::;:::::~::::=::::: .:......:.:......~.......... ijl \- ---p- (l),KTut HUlOSJ' ~'o.U''3.''''.''''IJO:S : ::=:ii=;:=: ::::~l~.itf~::::::.:m~:= :::::::=:=:: ::::::=:=:=:::::::=:::===:::=:*:: ::.:.:..=.:.: ::.,::=::.:.:.:.:.:.:.:.:.:.:.:.:.: Ii!! ~ ~ 11'1 g U~I ~~ ~ "~, -I, i~l~ ; I " H H 'ti I i~1 ~ I r ill e=! ,_!! ii' J- J ii, !ii; -- I. In~l Ii! II. II!! 0 ,1; (f) II!I 0 u ,.i 0'> lifl N I- ill n:: z (f) <( I u I <( U > 0 w Z 0 N --, - .' ", .' I I I I , 1 I I I I I I , I I I I I I I I i Ii : !~ : .~ I' I I I I I I I I I I I I I I I I , , I I I I I I , I I I I I 1 t Agenda Item NO.7 A March 11, 2008 Page 29 of 51 PURPOSEfDESCRIPTION OF PROJECT: A Conditional Use for a church was approved in 2002 for a portion of the property (Resolution No. 02-162), but expired on March 26, 2005 due to inactivity (see Exhibit A). The approved church was permitted approximately 12,000 square feet in area plus a 6,000 square-foot addition, with a height limited to 35 feet. The petitioner is now seeking Conditional Use approval for an approximately 10,850-square foot, one-story church/house of worship, with a one-story, 2,800- square foot future addition, providing a total of 13,650 square feet. The church facility would offer two 3.5 hour services on Sundays, with approximately 170 congregants at each service. With the eventual completion of the proposed expansion, each Sunday service would accommodate an estimated 230 persons. The remaining days of the week, the church building would only be used by a maximum of five church members doing clerical work from 6:00 p,m, to 9:00 p.m., and no more than five visitors using the "Family History Center" for genealogy research. As shown on the Conceptual Site Plan for the subject Conditional Use on the preceding page, entitled, "Immokalee Meetinghouse Fort Myers, Florida Stake, the Church of Jesus Christ of Latter Day Saints," prepared by Wedding + Stephenson Architects, Inc., and dated March 12, 2007, as revised through January 9, 2008, vehicular access to the site would be provided from SR 29. Pedestrian access would be afforded via an existing sidewalk along the property's SR 29 frontage, linking the site to the parcels abutting it to the north and south. The proposed 10,850 square foot "meeting hall" would be a one story structure with a maximum zoned height of 35 feet and a steeple whose maximum actual height would be 67-feet, pursuant to LDC Section 4,02.01 D.1 Exemptions and exclusions fi'om design standards. The edifice would be set back approximately 55 feet from the SR 29 right-of-way, with parking and travel aisles surrounding its nDrthern, western and sDuthern sides. The future 2,800 square fDot, one story addition would have a maximum zoned height of 35 feet and would be attached to its eastern side. No appurtenances would be allowed on its roof. A total of 106 parking spaces would be provided to accommodate both the original and expanded building. Storm water management for the church would be handIed by a pond located in the northeastern comer of the property, and a wetland surrounded by a 25-foot vegetated buffer would be preserved in the center of the site, Perimeter landscape buffers would include a 10-foot wide Type A buffer along the northeastern, northern and western boundaries of the property, and a IS-foot wide Type B buffer along its southern boundary. A preserve area comprising IS percent of the existing native vegetation on site would be retained or replanted in the southwestern corner of the property. SURROUNDING LAND USE & WNING: North: East: Single-family home and undeveloped land, zoned RSF-3 SR 29; then Life Church ofImmokalee and a commercial building, zoned C-l and SR29COSD Commercial retail building, zoned C-3 and SR29COSD Single-family homes, zoned RSF-3. South: West: CU-2007-AR-11394 Dat. afCCPC July 19, 2007 Page 2 of 7 t Agenda Item No. 7A March 11,'2008 Page 30 of 51 AERIAL MAP GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property, as identified on the Future Land Use Map of the Immokalee Area Master Plan (lAMP), is designated Neighborhood Center Subdistrict. Areas within this designation are meant to provide centers of activity and contain a mix of uses to serve the needs of the surrounding neighborhoods. The lAMP states, "[t]o achieve a neighborhood character, these centers are encouraged to be anchored by elementary schools, neighborhood scale parks, and/or . churches." The lAMP further states that non-residential uses should be at least 20 percent of the size of Neighborhood Centers_ As this site is intended to be used for church purposes and meets the relevant criteria, it is consistent with the land use designation of the lAMP. Comprehensive Planning staff leaves the determination of the compatibility of the proposed use with the surrounding area to Zoning and Land Development Review staff as part of its review of the petition in its totality, ANALYSIS: Before any conditional use can be recommend to the Board of Zoning Appeals (BZA), the Planning Commission must make a finding that: 1) granting approval of the conditional use will not adversely affect the public interest; 2) all specific requirements for the individual conditional use are met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: - CU-2007-AR-11394 Date of CCPC July 19, 2007 Page 3 of7 Agenda Item No. 7A March 11, 2008 Page 31 of 51 1. Consistency with the Land Development Code and the Growth Management Plan. As noted above, this proposal is consistent with the provisions of the Growth Management Plan. Churches/places of worship are allowed with Conditional Uses approval in the C-l and the RSF-3 zoning districts of the LDC. With the conditions of approval included by staff, the proposal may be found consistent with all of the applicable provisions of the LDC. 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 access in case of fire or catastrophe. Transportation Planning staff has reviewed the petition and there are no outstanding issues associated with it. As shown on the Conceptual Site Plan on page three, adequate vehicular access to the site would be afforded from a single point of ingress/egress along SR 29, as permitted by the Florida Department of Transportation. The access point would have separated ingress and egress lanes, with the egress throat containing dedicated left and right turn lanes. Pedestrian access would be provided by an existing sidewalk along the property's SR 29 frontage, which links the site to the parcels abutting it to the north and south. Due to the pedestrian nature of the Immokalee community, the applicant has agreed to limit parking to a maximwn of 106 spaces, including four handicap spaces, to meet the minimwn parking requirements of LDC 4,05,04, Table 17 Parking space requirements, which requires a minimum of three parking spaces for every seven seats in the chapel (230 seatsl7 = 33 X 3 = 99 parking spaces) and four handicapped spaces, An area of earth stabilized with geowebbing, shown to the west of the church building on the Conceptual Site Plan, would be provided to permit ease of access for emergency vehicles. The Fire Code official's office has no objection to the proposal, and will review the Site Development Plan (SDP) upon its submission to ensure compliance with applicable fire codes. 3. The cffect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. . As previously noted, the proposed chur.ch/house of worship. would be located across SR-29 from another church, approximately 275 feet south of a single.family home, approximately 1000 feet west of a single-family ncighborhood, and directly north of a shopping center. Due to this location, the limited nature of the proposed use, and the provision of the required vegetative buffers along the perimeter boundaries, any impacts on surrounding neighbors would be minimized. Additionally, no glare or odor should be generated from the house of worship, No free-standing signs would be provided on-site; only a small stone sign measuring approximately 2.9 feet by 4.6 feet would be inset into the brickwork of the building. 4. Compatibility with adjacent properties and other property in the district. As previously noted, the proposed church/house of worship would be located across the street (to the west) from an existing church, approximately 275 feet south of a single-family home, approximately 1000 feet west of a single-family neighborhood, and directly north of a shopping center. Due to this location., the limited nature of the proposed use, and the CU-2007-AR-11394 Date oFCCPC July 19, 2007 Paga40f7 1 Agenda Item No. 7A March 11, 2008 Page 32 of 51 provision of the required vegetative buffers, any impacts on surrounding neighbors would be minimized and compatibility with the surrounding properties insured. ENVIRONMENTAL ADVISORY COUNCIL fEAC) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. As previously stated, a poor quality, non-forested wetland, surrounded by a 25-foot buffer, would be preserved in the center ofthe site; and a preserve area representing 15 percent of the existing native vegetation on site would be located in the southwestern corner of the property. NEIGHBORHOOD INFORMATION MEETING (NIM): (Provided by Linda Bedtelyon, CDES C0111ll1unity Planning Coordinator) The agent/applicant duly noticed and held the required NIM on December 18,2007 at 5:30 PM at the church's temporary site located at 908 Roberts Avenue West in Irnmokalee. The applicant/agent presented an overview of the proposed Conditional Use to ten CUITent members of the church, who were the only people in attendance. The applicant, Jim Bible, and agent, Tony Cheung stated the following: . The application proposed an approximately 12,000 square foot church facility, which would be located immediately north ofWinn-Dixie on SR 29; . Access would be from SR 29; . The chapel would seat approximately 170 people; and . 15% of the site located to the south will be a permanent wetland preserve area. There were no objections to the proposals voiced at the meeting. However, staff received two letters of objection from property owners of different parcels to the south of the subject site, one of which is developed with a shopping center. Both letters expressed concern about the proposed Conditional Use's location on commercially-zoned property near a "main intersection," and its "impact on the future development of this area." The owner of the undeveloped parcel, located approximately 330 feet from the subject property, was particularly concerned about the effect of LDC Section 5.05.01, Businesses Serving Alcoholic Beverages. According to this provision, uses serving alcoholic beverages can not be located within 500 feet of an established church unless a waiver is sought from the Board of Zoning Appeals, Therefore, if approved, the proposed church would limit the potential number of commercial uses on his property, once developed. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission reco111ll1end approval of Petition CU-2007 -AR-I1394 to the Board of Zoning Appeals, subject to the following conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Immokalee Meetinghouse Fort Myers, Florida Stake, the Church of Jesus Christ of Latter Day.Saints," prepared by Wedding + Stephenson Architects, Inc., and dated March 12, 2007, as revised through January 9, 2008. The site plan noted is conceptual in nature for conditional use approval. The final design must be compliance with all applicable federal, state, and county laws and regulations. CU-2007 -AR-11394 Oalo of COPO July 19, 2007 Page 5 of 7 Agenda Item No. 7A March 11, 2008 Page 33 of 51 2. Building height for both the primary structure and the addition shall be a maximum zoned height of 35 feet. One steeple shall be permitted on the 10,850-square foot primary structure, and shall have a maximum actual height of no more than 67 feet. 3. All parking shall be contained on-site and limited to 106 parking spaces. 4, The facility shaH offer two services between 8:00 a.m. and 6:00 p,m. on Sundays, with no more than 170 persons per service. Once the proposed expansion is completed, this number may increase to 230 persons per service. Monday through Saturday, the church building shall not be occupied by more than five clerical staff and five non-clerical staff between the hours of 6:00 p.m. to 9:00 p.m. 5. SigIlage on the site shall be limited to one stone sign measuring approximately 2.9 feet by 4.6 feet inset into the brickwork of the church building, 6. Soil sampling results shall be submitted to the County Environmental Services Department for review prior to the next development order. CU-2007-AR-11394 Dale ofCCPC July 19, 2007 Page 6 of7 t Agenda Item No. 7 A March 11, 2008 . Page 34 of 51 PREPARED BY: (.)4vv-~ ///?!IJJ1 JO~DA VlD MOSS, AICP, PRINCIPAL PLANNER IDATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: i -{J lP~" iifi l'u.J: ~ ~ '\J FFRE A, ATZKOW CHIEF ASSISTANT COUNTY ATTORNEY t/7-8/DO DATE 1/U-i.OP; OWS,MANAGER I DATE NT OF ZONING AND LAND DEVELOPMENT REVIEW xili..L.Ur> yn. , }~ lIaS- lOR '/sUSAN M. ISTENES, AIC;?, DIRECTOR I DAtE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JO~i;~~.~~~~~TOR ~~~~( COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION l Collier County Planning Commission: MARKP. STRAIN, CHAIRMAN DATE Staff report for the February 7, 2008 Collier County Planning Commission Meeting Tentatively scheduled for the March II, 2008 Board of County Commissioners Meeting Attachments: Exhibit A: Resolution No. 02-162 Exhibit B: Findings of Fact Exhibit C: Letters of Objection CU-2007-AR-11394 Date ofCCPC July 19, 2007 Page 7 of 7 Agenda Item No. 7A March 11, 2008 Exhibfi'A,35 of 51 RESOLUTION NO. 02-~ A RESOLUTION PROVIDING FOR TIlE ESTABJ..lSHMENT OF A CHURCH, CONDlTlONAL USB "2" OF THE "RSF-3 ZONING DISTRICT FURSUANT TO SECTIONS 2.2.4.3. OF THE COLLIER COUNTY LAND DBVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 BAST, COLLmR COUNTY, FLORIDA, CONSISTING OF 5:!: ACRES. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, .nd Chapler 12S, Florida Statutes, has conferred on CoUier County the power to establish, coordinate and enforce zoning and such business regull1tions as are necessary ror the protection of U\e public; and WHEREAS, the Connty pursuant thereto has adopted a Land DeveloFmeot Code (Ordinanee No. 91-102) which includes a Comprehens.ive Zoning Ordinance establishing regulationll for the zoning of particular geographic divisions of the County, among which is the granting 01 Conditional Uses; ap,d WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning boord for the arca hereby affected, has held a publlC hearing after notice as in said regulations made and provided, Bnd has considered the advisability of Conditional Use 112" of Section 2,2.4.3. of the RSF.3 Zone fOT a church on the property hereinllfter describod, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement bave been made concerning all applic~ble matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land DeV"e1opment Code for the Collier County Planning Commission; and WHEREAS. all interested parties have ~e:.n aiven opportunity to be heard by this Board in a public meeting assembled and the Board ha.ving considered all matters presented, NOW, TIlEREFORE, BB IT RESOLVED BY lhe Board of Zoning Appe&l;oI Collier County, Florida that: The petition filed by Kathy Morgan of Land Development Consultants, representing The Church of Jesus Chris1 of Latter-day Saints, with rcspecl to the property hercinaft~ described as:: Exhibit liB" which is attached hereto and incorporated by reference herein b~ and the S9mC is hCTeby approved for Conditional Use "2" of Section 2.2.4.3 of tho toRSF<~H Zoning District {or a church in accordance with the Concc;ptuBI Masler Plan (Exhibit "e") and subject to tho following conditions: Exhibit"D" which is attached hereto and incorporated by reference herein. t Agen~~=~~~b~ Page 36 'of 51 ~7C JlllITl'Ult'l'H1lR IUl8C~Villllilllllllo""'[U\lo.b._I.lh,ml"I....rll1l, e....... 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SR. :>~, lh:nn lhl> IImlh PI'Opt'ty !Ill. 10 iha 001111> p"'plldy Ilno, IIba1I b~ llojIlOled OR Il\~ SIlO PovalopmOlll pllll'. 2, 1':l0l' 10 .pp....... of 1M Silo OowolllplllOl\I !'filii, lllo P<<lllollCl' .hIll II\lbml\ a Tnflio flup...t Sl&Iion\onl to lh. PlIllUling SorvlcoI DlroolOl'. 3, Prlo,l:c appleY" or 1M S'lw ~yolopmont Plan, lho potlUollll: .....11 ""bmll a ocpy otllto Florida Depulmerlt ofTrafilPortaeloti. R.IIlh!>of-WIY l'mnillC lllc PIaIUIlIlj !/""'i....Di_lOl', 4. A puce!, 0.82 &lll'O' 111 rlu, WlI be dllPlc!e4 on Il1e Sl~ ~I'lQJlDlml PlIn u proltltve ~ Pm~e...... ookNlalioCB .ball b. pl'OvJdo<I I1ll tho SIte D...olo~mOl1ll'lan, ~. '!'.h. JlflIltJonor .b.ll cIopi.t allllml1O<<llo 1>\lflm1 alId OIMr rellullt'>d If.n~tCllPIIl& Of! lh~ SIte P-"'t>mOllt Pl.n in ."""rdanoo with LalllI ~eloptl1Olll Coclo Dt~it:i.n 1.4. 6. Prior l:c spproval of tho Sll6 Povolopmcnl pJ..., lb. pelitlonor ohllllmbmll tl>o foll<>will8: elcmnwater oolDUllIli"". o\aMd and ~ed by a Florida jll'OlHlIlonal ""sIn-, le&AI proof lbat lbe ollj=l pmpetly OWOOf \Q fM woot will ll111w IIlQrmw~ <.lillObarB" from thl pmpootd. project Ot\lQ. billb... ,.."plllly, ovi~ thot 1M """,j:tll~m a1lowablo dJlObuiO AlA thall bo I'<<' Ol'lllnamo 90-10 (Ill llll1C1l1dIlli), "'" . ""py or the South l'1orlrl. WallJr MlIlagemenl Oillirit:l. pormlt, pmnit modltloalloll or wl!yer. BXHlBIT "D" http://apps.collierclerk.comlBMR/ImageDisplay .aspx?cache=yes&sessionkey=WLImageD... 10/5/2007 Agenda Item No. 7A March 11. 2008 Page 41 0151 Exhibit B FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-1l394 The following facts are found: I. 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: CHAIRMAN: Exhibit C Ager;arr~ r~b~ Page 42 'of 51 ----"'-_._~~-~----~--~~......--~----~._---_._-~_._--_._._._-~-~------------.- From: Marla Echols [Marla.Echols@lheroyalcompanles.com] Sent: Tuesday, January 22,2008 12:14 PM To: MossJohndavid Cc: Steve Royal; Scott Royal; Derik Royal Subject: CU-2007-2007-AR-11394 (JDM) - RCP Dear Mr. Moss, As land owners adjacent to the property Owned by The Corporation of the Bishop of the Church of Jesus Christ of Latter Day Saints, we have serious objection to the proposed conditional use as proposed in the above mentioned petition. See our property information below. As you well know there are very few properties zoned C3 and C4 in this area and major restriction at a main intersection would cause a devastating impact on the future development of this area, Folio No.1 00074240003 ! Property Addressll1630 I.AKE TRAFFORD RI> Owner Name ROYAl. CONSOLII>ATEI> PROPS INC Addresses 802 NW 1ST ST I Cityll SOUTH BAY II Statel FL II Zlpll 33493 - 1601 Legol 32 46 29 SE1/4 OF NE1/4 LESS N 645.1FT, LESS e 250FT OF 5 190FT OF Se1/4 OF NE 1/4 LESS R/W "For more than four lines of Leaal Descrlptlon please eatl the Propertv Appraiser's Office. Section 32 ~ Township 46 II Aange 29 It Acres Mop No. le32 I St1'ap No. 462932 011.ooo1E32 17.56 II I '1J MlIl:ge_~~g I '1J M!!lM! 13.823 SUb No. I 100 ACREAGE HEAI>ER -'/Jus. Code 16 IMPROVEI> COMMeRCIAL 2007 Final Certified Tax Roll (Subject to Change) Latest Sales History )f,UI Values shnwn bclO\'\' etllUl' 0 thls pareel WRS crelltc.d after the Final Tllx Roll Land Value S 1,243,143.00 ,(+) Improved Value S 2,497,244.00 (=) Market Value $ 3,740,387.00 (.) SOH Exempt Vnlue $ 0.00 01/1996 Book - Page :!H.7",J~6 Amount $ 3,104,900.00 112212008 Page 2 of2 Agenda 11llm PJo. 7 A March 11 , 2008 Page 43 of 51 (0) As.e.sed Value $ 3,740,387.00 (-) Homestead and other exempt Value $ 0.00 (0) Taxable Value $ 3,740,387.00 SOH ': ~ Save Our Homesll exempt value due to cap on ossessment increases, Please keep us advised as to any meetings, proceedings and notices regarding this so we may be provide our input as major developers for this area. You may contact me or Scott Royal at any time. Mor/a L. Echo/sfor Scott Royal Royal Consolidated Propperties, Inc. The Royal Companies Labelle: 863-675-6599 South Boy: 561-996-8080 ext 21 marlo. echols@theroyolcompol1ies.com 1/22/2008 AgendPalfllnl i'/lf Y A Marc'fl- 11, 2008 Page 44 of 51 . MossJohndavid ---..........--....-......,-------~_.-'-_.-_._------_._..._----.---_..~---_.~--~,..-~_..--~_._-----~_.._------ From: Marla Echols [Marla.Echols@theroyalcompanies.com] Sent: Tuesday, January 22, 2008 12:10 PM To: MossJohndavid Cc: Scott Royal; Denk Royal; Steve Royal Subject: CU-2007-2007-AR-11394 (JDM) Dear Mr. Moss, As land owners adjacent to the property Owned by The Corporation ofthe Bishop of the Church of Jesus Christ of Latter Day Saints, we have serious objection to the proposed conditional use as proposed in the above mentioned petition. See oUr property information below. As you well know there are very few properties zoned C3 and C4 in this area and major restriction at a main intersection would cause a devastating impact on the future development of this area. Folio No.N 000769600D6 Property Addressll NO SITE ADDRESS Owner Name OKEECHOBEE INN lTD Addresses 802 NW 1ST ST Cltv SOUTH BAY li Slate II FL II 21pjf 33493 - 1601 legal 32 46 29 S 322.6FT OF N 64S.1FT OF 5E1/4 OF NE1/4, LESS R/W s.o4 AC OR 812 PG 1105 "For more than four lines of Legal Description please call the Property AppraIser's Office, Section ~ Township II Range Acres Map No. I Strap No. 31 46 29 9.04 lE32 462932040.0D01'32 Sub No. ~ 100 I ACREAG' HEADER ~ MlllagJtM.!t'- I "'CIMJl!u~ "'CI~!!~Q.I!!! 10 5 . 13,823 VACANT COMMERCIAL Please keep us advised as to any meetings, proceedings and notices regarding this so we may be provide our input as major developers fOr this area, You may contact me or Scott Royal at any time, Marla L. Echols for Scott Royal Okeechobee Inn, Ltd. LabeNe:863-67S-6599 South Bay: 561-996-8080 ext 21 maria. echols@theroyalcompanies.com 1/22/2008 RESOLUTION 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLffiR COUNTY, FLORIDA, RELATING TO PETITION CU-2007.AR-1l394, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCHlPLACE OF WORSHIP WlTIDN A COMMERCIAL PROFESSIONAL AND GENERAL OFFICE ZONING DlSTRICT WITH A SR29 COMMERCIAL SUBDISTRICT OVERLAY (C-l, SR29-COSD) AND A RSF-3 RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT FOR PROPERTY AT 635 STATE ROAD 29, IN SECTION 32, TOWNSIDP 46 SOUTH, RANGE 29 EAST, IMMOKALEE, COLLffiR COUNTY, FLORIDA. WHEREAS, lbe 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 bas adopted a Land Development Code (Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among whlch is the granting of Conditional Uses; and WHEREAS) the Petitioner is requesting that the Board grant it a conditional use to operate a Church meetinghouse at 635 State Road 29 in Immokalee, Flodda, on land within the Commercial Professional and General Office Zoning Dislrict with a SR29 Commercial SubdistrietOverlay (C-I, SR29-COSD); and WHEREAS, the Board of Zoning Appeals (Bnard) has held a publie hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional '- 1]80 to allow, pursuant to Land Developmenl Code (LDC), Section 2.04.03, Table 2, a Cburch meetinghouse on property 7.Oncd C-l and SR29-COSD and RSF-3 Residential Single-Family, and hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfact~ry provision and arrangement have been made concerning all applicable matters required by said regulations and in a.ccordance with Subsection 1O.08.00.D. of the Land Development Code; and vrHEREAS, 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 ZONJNG APPEALS OF COLLIER COUNTY, FLORIDA, that: Petitiou CD-2007-AR-1I394, filed by Matthew t Agenda Item No. 7A March 11, 2008 Page 45 of 51 Agenda Item No. 7A March 11, 2008 Page 46'01 51 Vasilevski of Wedding, Stephenson, & Ibsrguen Architects, representing Corporation of the Presiding Bishop of the Cburch of Jesus Christ of Latter Day Saints with respect to the pr.operly described in Exhibit liB," attached hereto and incorporated by reference herein, be and the same is hereby approved for a Conditional Use for a Church meetinghouse, pursuant to LDC Section 2.04.03, Table 2, on properly wned C-l and SR29-COSD and RSF-3 Residential Single-Family, in accordance with the Conceptual Master Plan (Exhibit lie") and subject to the conditions set fo1):h in Exhibit "D," attacbed hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number CU- 2007-AR- 11394 be recorded in the minutes of this Bosrd. 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: TOM HENNING, CHAlRMAN ' , Deputy Clerk Approved as to fonn and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney Attachments: Exhibit A: Collier County Planning Commission Findings of Fact Exhil:>it B: Legal Description Exhibit C: Conditional Use Conceptual Site Plan Exhibit D: Conditions of Approval Agenda Item No. 7A March 11, 2008 EXlUl!ij~.A47 of 51 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-11394 The following facts are fOWld: 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 propelty 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: CHAIRMAN: Agenda Item No. 7A March 11, 2008 Page 48 'of 51 . CU-2007-AR-11394 Metes & Bounds Description A parcel of property beginning at iron stake at the intersection of State Road 29 and the South corner of Glidden Property, thence South 00053'41" East a distance of 370.33 feet, thence South 89002'05" West a distance of 1226.95 feet, thence North 00056'02" West a distance of 665.55 leet, thence North 89004'05" East a distance of 932.76 feet, thence South 00049'35" East a distance of 294.32 feet, thence North 89006'19" East a distance of 295 feet to the Point of beginning. All lying and being in the NE 14 of the NE 14 of Section 32, Township 46 South, Range 29 East, Collier County, Florida. Exhibit "8" <(co~ 1'--0'" .0_ ON 0 Z -0> E~..q Q)~Q) ::="2 g> roroC'- E:;; Q) Q) <( .0111 "IOIllI14!1JV ~I uosuelldelS Ii + BUIPpeM -~ NV1d B.lIS asn lVNOI.1tONO:) . I ,I III ~-;:-::1;;:z-=: S HI ,h ~ Ii ::; Ii ~ 0" :Jij!" o _KE * ~ijl z !ft., is ~ ~ ...! ~~n!l ~u!n! ~ 1111 0. III II! , :. -------.,,1 " J'l , : 1 11 : !j! I' 1,1 ll. ' I : I " -! 'I "n, :. 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Agenda Item No. 7 A March 11, 2008 Exhiblt~e 51 of 51 DEVELOPMENT CONDITIONS CU-2007-AR-1l394 January 22, 2008 1, The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Imrnokalee Meetinghouse Fort Myers, Florida Stake, the Church of Jesus Christ of Latter Day Saints," prepared by Wedding + Stephenson Architects, Inc. , and dated March 12, 2007, as revised through January 9,2008. The site plan noted is conceptual in nature for conditional use approval. The fmal design must be compliance with aH applicable federal, state, and county laws and regulations. 2. Building height for both the primary structure and the addition shall be a maximum zoned height of 35 feet. One steeple shall be permitted on the 10,850- square foot primary structure, and shall have a maximum actual height of no more than 67 feet. 3, All parking shall be contained on-site and limited to 106 parking spaces. 4. The facility shall offer two services between 8:00 a.m. and 6:00 p.m. on Sundays, with no more than 170 persons per service. Once the proposed expansion is completed, this number may increase to 230 persons per service. Monday through Saturday, the church building shall not be occupied by more than five clerical staff and five non-clerical staff between the hours of 6:00 p.m. to 9:00 p.m. 5. Signage on the site shall be limited to one stone sign measuring approximately 2.9 feet by 4.6 feet inset into the brickwork of the church building. 6. Soil sampling results shaH be submitted to the County Environmental Services Department for review prior to the next development order,