Resolution 2008-335
RESOLUTION 08- llL
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH IN THE ESTATES (E) ZONING DISTRICT PURSUANT
TO SECTION 2.03.01.B.1.c.l OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, FOR PROPERTY LOCATED IN
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of approving a Conditional
Use for a 12,000 square-foot church with a seating capacity of 300, pursuant to Section
2.03.01.B.1.c.1 of the Collier County Land development Code (LDC) in the Estates (E) Zoning
District on the property hereinafter described, and the Collier County Planning Commission has
found as a matter of fact (Attachment "A") that satisfactory provision and arrangement have
been made concerning all applicable matters required by said regulations and in accordance with
Subsection 10.08.00.0. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
Page I of4
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier
County, Florida, that:
The petition filed by D. Wayne Arnold of Q. Grady Minor & Associates, P.A.,
representing the First Congregational Church of Naples, Inc., with respect to the property most
commonly described as 6225 Autumn Oakes Lane, Collier County, Florida, consisting of one 2.6
acre parcel more particularly described as Tract 22, Golden Gate Estates subdivision, Unit 97,
less the north 50 feet of said Tract 22, according to the plat thereof, recorded at Plat Book 7,
Page 96, of the Public Records of Collier County, Florida, be and the same is hereby approved
for a Conditional Use pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land
Development Code in the Estates (E) Zoning District for a 12,000 square foot church with a
seating capacity of 300, in accordance with the Conceptual Master Plan (Exhibit "B"), subject to
the following conditions:
I. The Conditional Use is limited to what is shown on the Conceptual Site Plan
(Attachment B). The site plan is conceptual in nature for conditional use approval. The final
design must be in compliance with all applicable federal, state, and county laws and regulations.
2. At the time of SDP review and approval, the established water management
control elevation will be set no higher than 10.75 feet NGVD.
3. The water management to serve the church parcel will be required to provide
water quality treatment consistent with SFWMD standards and will be reviewed by Collier
County. Furthermore, the County has deemed the configuration of the water management area
as shown on the Master Plan to be acceptable.
4. Off-site discharge of storm water will not exceed the pre-development conditions
of the site. A "pre vs. post" analysis shall be provided as part of the Site Development Plan
process in order to make sure that this standard is met.
5. The owner or its successor and assigns shall be required to reserve right of way as
depicted in Attachment "B". The reserved road right of way shall be conveyed to Collier County
in fee simple in exchange for impact fee credits. The value of the credit shall be calculated at the
Page 2 of 4
actual cost per acre in which the applicant has paid for the property to the previous property
owner. This dedication shall occur with 90 days of the approval of this Conditional Use.
6. The County will provide for a positive discharge point for storm water along
Autumn Oaks Lane for the subject property. The property owner and the County shall
coordinate the location to be mutually acceptable. The minimum discharge elevation to the
existing Autumn Oaks Lane roadside swale will be set at lOA' NGVD. The project outfall
structure shall be designed to meet the outfall flows.
7. Collier County will construct gravity walls along the subject properties northern
property line within the County ROWand taper it to a shared slope and construction easement
along Valewood Drive in order to accommodate the perimeter water management swale and
landscape buffer for the church property. The property owner will be responsible for the
maintenance of the easement.
8. The County shall construct the sidewalk along Valewood Drive along the east
side and reduce the ROW "corner clip" behind the Immokalee / Valewood turn out. The County
will attempt to reduce the corner clip where feasible. The applicant will not be responsible for
construction of or payment in lieu for sidewalks adjacent to the project.
9. Any required preserve for the subject property may be provided off-site through
the acquisition oflike property with subsequent donation to Collier County or through a payment
to Conservation Collier sufficient to secure an area consistent in both size and quality to the on-
site preserve area.
10. The maximum actual building height shall not exceed 75 feet above finished floor
elevation.
11. The maximum building square footage shall not exceed 12,000 with a maximum
congregational seat capacity of 300.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote, this ~ day of
o c:f2,~..fl-.- ,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUN Y, FLORIDA
By: Ctu.u.. ~o.C.
Atte(( as to . " Clerk
1111I"'" OIIIf'> '
aIrman
Approved as to form and
legal sufficiency:
M-7.wlJ
Steven T. Williams 'S1'~
Assistant County Attorney
Page 4 of 4
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes /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 fue or catastrophe:
Adequate ingress & egress
Yes/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
I No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL' No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
CfWRMAN IN1 "^~ rjJkc>
DATE:~ " (f> () V
Attachment A
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ,\ 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 1.. No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
..L. No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No_
Based on the above findings, this conditional use should, with sti lations, (copy attached)
(should not) be recommended for approval <text>.
DATE: st\'\f W 2..1;(/3
-GHAJID,lAN:
hE'M~31:1l.
/
\ ~ti>O '4\"\<'lL
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Attachment A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
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 I No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~'NO affect or 1'/ Affect mitigated by <text> J/lPlAyltT70AlS
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes vi
No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: 1/lf/()f
I I
MEMBER: MI'-'I7Y7L..':;e ~,::;L {}dJ~
Attachment A
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes 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:
V No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE:
fl/g-tY'?
e~N:
h;::'/1/!!1
h 4:1b
Attachment A
/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A.
Consistency with the Land D?elopment Code and Growth Management Plan:
Yes 0/ 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:
r-.
Adequate ingress & egress /
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~NO affect or _ Affect mitigated by <text>
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes j No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: 1/ IV/OF'
MEMBER: /<}[ I
t..--/
,.--..
Attachment A
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adj acent 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 attache
(should not) be recommended for approval <text>.
DATE: 9- /,f'.-o..f-
~/
,;f?} c-,/7T b/o-? /0 ~~
Attachment A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12357
The following facts are found:
1. Section 2.03.01.B.1.c.7 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land, Development Code and Growth Management Plan:
Yes j 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 j No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes j
No
DATE:
MEMBER:
Based on the above findings, this conditional use should, wit
(should not) be recommended for approval <text>.
Attachment A
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