Loading...
Resolution 2008-170 RESOLUTION NO. 08-170 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR AN ADDITIONAL 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 11, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER 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 of2 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 Page I of3 WHEREAS, upon a hearing and due consideration by the Special Magistrate, a recommendation dated March 15, 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 1, 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 portion 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 2.03.01.B.ofthe Collier County 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 10 '#1 dayof .::fun' ,2008. Page 2 of3 ATTEST: DWIGHT E. .l3R<€>8K..perk , ' r ~ e :;;"~JD f";;,> By ~......~ M)C , ~~ . -', "_ . 't~ Clerk :.. . ~ , ., ""i" ) At~It._a to .Qaf.... , It9ll1tft Oil, , . Approved as to form and legal sufficiency: )]l(~ A 1 i oJ) /lfJ 1A f.< d:: - {J:rMRj - Marjori tudent -Stirling -va Assistant County Attorney Page 3 of3 BOARD OF ZONING APPEALS COLLIER OUNTY FLORIDA By- . AN ~ - - ___ _'1,... _..1 - - ~ - - ~.:::.. ......-=~~- -:.'=Iw- DIIlIiIiiieI!I ACIMY1 - N'llill3J.SWfBn 7YNOU.KJN(X} p.I-"fROII "-0 u.ptOO OIitt"G ,.......... ..,.-- ... - - - _____~~~ _____________________________~_________~Il\l ~~=__:=::::: d;;~~~i;;=;;;;~~~~~2.~~ .:O~~;;,_=~::_;;;~ I -.-------- ..w.;_~--......" -- , -- ~:;;;;;;;;;,-;-===;;; " -, C' . 00000' 00:00.00..0::':000..:00:000::':00000'.000:00000::':00000000000000:0. ooo~. r I =r1~)T::==::=:::0:00::: d! I ,I . , \ II I I II , 'ILL \!i 1\1 U+I!, ~ :1111 PI ,I 'I I ::\\\vllll I' n! i \\\ '~:...J n : 'ii \1\ if "II II 'I --~ i--~\\ ; p. q ! : l i A ~ III I!: i I \\ q l \ iI! I I \\~ \~\ \ III .. \:.a \\ \ 'f', "" ---.>-, ~, I L .. , .,,, II Iii.!' II . . &1.1..... II 1.11 ~.. ~ d I I I II! it :!!L.. I' t UIIl!G ,d ...., II Illig ':.. . W l!l; ',ti mi'!R~~~ . ". .... .... .' .. i "n", iilm,;' PI;91 P.I!!II .......,_""Of _ _ _ _ ;o..:t ~ ~~4d!'~===-== ========ii= ii, D I H gll a --"'C::====f='Ic==--cc--I~ .1111 I~ I~ M ~ -. 1 ~ .:..~~..- . ......-.r.;r..:.;:,.. ~\ II II ) t, .\ l'\ h,\ 'b" ~u~ t\ ~, \ i!! ~ K /t1II~DI=j) SIll<< l''-I9tJ I'~ - D/~77CYJ OF ~1'K.. /J1IIc./s~ - i EXHIBIT I 8 . Conditions for Approval of Condition Use CU-2003-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, 2001" 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 be constructed from the sidewalk along Max Hasse 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 "B" 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 1 st A venue S. W. shall be restricted by a gate for emergency vehicle use only. EXHIBIT I B