Resolution 2008-114
RESOLUTION 08-l.li
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION CU-2007-AR-1l394, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
A CHURCHlPLACE OF WORSHIP WITHIN 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 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) 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-I, 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 (LDC), Section 2.04.03, Table 2, a Church
meetinghouse on property zoned C-I 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 satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 1O.08.00.D. of
the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, 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 property
described in Exhibit "B," 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 property zoned C-l 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
4pnl
,2008.
of
A TrEST;' .
DWIGHT E. Bl~DCK, Clerk
. .
'By:
Itli".tO~t... I
S fqnaturt,olll:, .,"
.
By:
TOM HENNIN ,CHAIRM
Appr ved as to form
and gal su iciency:
tzkow
istant County Attorney
Jeffre
Mana
Attachments:
Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan
Exhibit D: Conditions of Approval
~
~.
EXHIBIT A
IlIA
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 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:
~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 V 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_~' t. D ~ CHAlRMANJ'-' I",)"~ PJjt~ t<)
~
EXHIBIT A
,
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
.
CU-2007-AR-11394
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 r 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 in7ess egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No_
DATE: '1- ),-O{
Based on the above findings, this conditional use should, with stipulations, (c
recommended for approval to the Board of Zoning Appeals.
CH-AIK MAl"":
-
~ ,be;;Je r
D' ~ J. ~ -r '
, " -' _/ . - .
EXHIBIT A
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, econoJD.4: or odor
effects:
_ No affect or ~ffect mitigated by ~"'W~L F-f''''~ ~>L(J "'.H' t.,.,.. 0
_ Affect cannot be mitigated 0 wHtI,ts (1.~G/U.O'~(, 1>u" ""
ptLo,,~p.,.., Plqlf'rr
Compatibility with adjacent properties and other property in the distnct:
D.
Compatible use wi~ 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: C:a.'lLtrl.N:. ~/U/ff//f
IA'I"M &.~ . .
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
.
cU-2007-AR-11394
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;
yesJL" 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
YesJL. No_
.
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or d Affect mitigated by ~ <ri r:c.... ~
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes JL! No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DAru,~ ~~
.
EXIDBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
.
cU-2007-AR-11394
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 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
Yes V No
.
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-' No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes i/ 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: 1/3/0J
CHAIRMAN.;)~"'<-' ~-l d (1~
.
-
EXHIBIT A
(
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:
Yes No
Compatible use within district
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
,
21'- -7
DATE: . -;)
" f:
~,
./
CHAIRMAN~-
,
/
I
.
" )1.J i,tf.!-t r
EXHIBIT A
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:
YesL No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fIre or catastrophe:
Adequate ingress & egress
I
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 II No
1
Based on the above findings, this conditional use should, with stip#~tions, (copy attached) be
recommended for approval to the Board of Zoning Appeals. ;/
DATE: t!Jll.\L '3. 2(j)cg
'CIIl.IR1b-\lJ.~
iv'tJ,\lg~ 1 \9UOI) ~}\~~L
.
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007 -AR-l1394
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 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 V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ../ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
1.1. tlY
7;;qt:r
~m:MAN:
.
.
.
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 % of the NE % of Section 32, Township 46 South,
Range 29 East, Collier County, Florida.
Exhibit "B"
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Exhibit D
DEVELOPMENT CONDITIONS
CU-2007-AR-11394
April 9, 2008
I. The Conditional Use is limited to what is shown on the Conceptual Plan,
identified as "Immokalee Meetinghouse for the Church of Jesus Christ of Latter
Day Saints," prepared by Reynolds, Smith and Hills, Inc., and dated March 14,
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 primary
structure, and shall have a maximum actual height of no more than 67 feet.
3. All parking shall be contained on-site and shall be limited to 170 parking spaces.
4. The maximum area for all structures on the site shall be 12,730 square feet.
5. Irrespective of that depicted on the Conceptual Plans, the proposed addition shall
have a 35-foot side yard setback along its northern boundary.
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