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Resolution 2009-005 RESOLUTION 09- ~ 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 MOBILE HOME OVERLAY WITHIN THE AGRICUL TURAL ZONING DISTRICT PURSUANT TO SECTION 2.03.01.A.l.c.7, COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED AT 2140 MOULDER DRIVE, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 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 ("Board"), 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 a Conditional Use for a Church in the Mobile Home Overlay within the Agricultural Zoning District, pursuant to Section 2.03.01.A.l.c.7 of the Collier County Land Development Code, on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 10.08.00.D of the Collier County Land Development Code; and Page I of3 '"--_._-~'_."..,-'- WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board has considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition CU-2008-AR-13060, filed by Laura Dejohn, AICP, of Johnson Engineering, Inc., representing the Naples Baptist Church, Inc. with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a church within the Mobile Home Overlay within the Agricultural Zoning District pursuant to Section 2.03.0I.A.l.c.7 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "D". Exhibits "B", "C" and "D" are attached hereto and incorporated herein by reference. 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 13- day of Jl.u'L-,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA . .'. . . i.:.~1 ( By:ll~, ~OL. ~ttii{.. to ~,~uiY Clerk .t...... ..~> . , , -"" -.' .' Approved as tq,fOrn1" " :m1legal sufficiency: ~,t:t It (tv Heidi Ashton-Cicko Assistant County Attorney By: I (." 0'-'\ ,\1" , " -\ \ " Page 2 of 3 " -'_._-~----! Exhibits (attached): A. B. C. D. CPI08-CPS-00864113 ---r Findings of Fact Legal Description Conceptual Site Plan, entitled, "Naples Baptist Church 2140 Moulder Drive," dated 5/28/08, which is prepared by Johnson Engineering, Inc. Conditions Page 3 of3 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2008-AR-13060 The following facts are found: , 1. Section 10.08.00 of the Land Development Code anthorizes 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 v/' 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 / No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. ,~ DATE:9 -L( - D <( CHAlRMAN:~wLf~ EXHIBIT A WI , FINDING OF FACT BY COLLmR COUNTY PLANNING COMMISSION FOR A CONDDnONALUSE PETITION FOR . CU-2008-AR-13060 The following facts are found: 1. Section 10.08.00 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 offire or catastrophe: . Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ Affect mitigated by Affect carinot 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) (should not) be recommended for approval. DATE: '1 r J r( MEMBER: tJZ;f EXHIBIT A . ----I . . . FINDING OF FACT BY COLLmRCOUNTYP~GCO~S~ON FOR A CONDmONAL USE PETITION FOR . CU-2008-AR-13060 The following facts are found: 1. Section 10.08.00 of the Laild Development Code anthorized 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 LanjeVelopment 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 offire 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 distri~ Yes / No Based on the above findings, this conditional use should, wi (should not) commended for approval. . ulations, (copy attached) DATE: . MEMBER: EXHIBIT A - ------1''' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION FOR CU-2008-AR-13060 The following facts are found: 1. Section 10.08.00 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. """"- "<h "" """ r coo. "'" Orow<h -- p",," 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 co, ntrol, and access in:zase of ' or catastrophe: Adequate ingress & egress Yes_ No---,- C. Affects neighporing properties in relation to noise, glare, economic or odor effects: / ~ affect or _Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district Compatible use within districy Yes.L... No DATE: 9-J- r.gJ Based on the above findings, this conditional use should, with stipulati (should not) be recommended for approval. MEMBER' EXHIBIT A ~j ta r C./.I?- t..IV , ----r- - . . . . , . FINDINGS OF FACT BY COLLIER COUNTY Pi..ANNING COMMISSION FOR A CONDmONAL USE PETmON FOR CU-2008-AR-13060 The following facts are found: 1. Section 10.08.00 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 1 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 injS & egress Yes_ No_ C. Affects neighboring properties in relation to noise, glare, economic or odor 1ts: _ No affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 7 within district Yes_ No_ Based on the above fmdings, this conditional use should, with stipulations, (copy attached) , (should not) be recommended for approval. . DATE: CHAIRMAN:~rnrI"" (J"{l{ ~ EXHIBIT A . --I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION FOR . CU-2008-AR-13060 The following facts are found: I. Section 10.08.00 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 V Yes_ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: --1(N'0 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) (should not) be recommended for approval. DATE: ~ .,- /9 J? MEMBER: ----- ~/~ . EXHIBIT A .---.'-t----.-.- FINDINGS OF FAct BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDttIONAL USE PETmON FOR CU-2008-AR-13060 The following facts are found: L Section 10.08.00 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 9-... 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 YesL 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 Yes1&.... No_ Il Based on the above findings, this conditional use should, with stipulati s, (copy attached) (should not) be recommended for approval. DATE:___ cn;JillyIAN:- EXHIBIT A N;lltv<IL ~ ~fWt-- P'T FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2008-AR-13060 The following facts are found: 1. Section 10.08.00 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 _ ~,.t:.J (..../~_.O Yes /No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ect 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 /No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE:' i/'I/of( . I CHAIRMAN: EXHIBIT A ----r-u .' . LEGAL DESCRIPTION: DESCRIPTION: (AS PER OFFICIAL RECORDS BOOK 3458. PAGE 1210) SOlJTH 1/2 OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE EAST 1/2 of THE EAST 1/2 OF THE NORTHEAST 1/4. SECTION 3D, TOWNSHIP 48 SOUTH. RANGE 27 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO ANY EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. EXHIBIT "B" ~~~I~ ar,tlt:'O.., 0 ~la-:u...a:J:l' o~a:, ,i-!!Jes., 'p..rQ.::i~ -0 .. Widi?it - ~gli~,'~# ""it, icHiJ<l/) &~9""SQ,-N'(T,3;3Jlr!i!lt9-~\liIlEiIH.iB\Ei~Wo."'\7~' Ol~~it ; ~~Il.g~'~ i: ~~>!'[!/1i~ IE ~l~ -, ~~~.:=~,~::r: I " ,. , .~ o~ ~ ~ " , .> ;; . 'I ",' ~'G~ ;ei~ i: .~~, f,:, i, t,: ','i ;u;'.I!I',ti',,~, e ! g !<- ., "ill 0 'g' l!' ~ii'~~c~'5 *:I ~. ~ a:: '0 ~ 'Jl.;."il:.' ..' ~'. . ... ?c J.., ~ ~ 'Iil o ~. ;~dl 'Ifi~ ,~l!, g I. P- "'"'_......""""---- : · 'l~m!.m~ii@tj . '.'.....ir".! . \' ;~!'jl.lltiJr!~ "....,.illl...... \ ;;!,:;::!~;i'i;;;i; l1litJ;f~lj) . . ~ i I c'.. ,',<--. .:":>~rJ,'i ';F,,:. " '.. I. .:0:,,<,_ ., .~, . .. . :i:... '-'. ~'.~W'1;:~) . i i" ~ , . t l ,,' .., _ '. _ ~ .. .'. .-" '.-:. oq'..,.", .' ~', ... ~ ." , ili.'" ",.. . t~.Ai;:c: ~."'~, ..~'" ~~'~ . . ! E -.....,.. ~~"l:'" ':;:"ili;;n!.fmU~;~nu;, 'I' j-,,:- ~"'I~.}~I'l~,,:~..,!......It~.o-'" " f.. u,. '~"--'~~;~m}~~~~fiWh '...~~~..,..., j. ' '. '!~H!~mjM~ l;~' ,~ ji: !l I,' '::J!' I~ ~ ~ -I ~ .~, j . : ';~l Ill!--' " ~. ~- .-~ Ii; " -r-,,-,J.!, ~.!l . ':!~l' .~! .et; '.,' . . a;1 .' ;t~ ~~1~ . ~I~ s~~ ;t~ !1i~ .... ~:... 0Il~J;ll! ;;~ '" ri.ig j~"jl" i~llfi'; "'.~~~! ., ,5' if: !: i t ~- , ~ fl" i:Jl~ ~d'h~ i ~, ~,'"", B ~', ','~,',h', ' ~'I i:i;5 I' t ' 1!~ l ~d~ ft; '!~' m!, fA ~.,i, i",~,j.,. . i "I,;;j' 0 ~u~sl ',l!i,t:, ,~, '~,' ", ~,!I!,~,,''', 8<>", j!;~, " '~ ,Ii >'lI'fia 'I,. .,~ " "~. '.,~ ...~,'.", ;! ,',I ;, '".~'".".'I,~ ",." '.l.",: " II, ~~~I i li~' '".~ r. $li~ ! lia'~li'< .1 ~liil{t; i lift. { i~ jlii .~hJ;~~:i Il,~,IP,,' ~"I'Ifi, i, t, ' ~,Ii, .'~.' ',i~i i,'. i. '~., " ~!, "., Ii. . lit ~'" , !'" <:.~;It:t: ' !l~' I'O!' '" ~Iil " ....' ,s.lI. ,'jl: ~,".I;~" 'Ii."" ! 'l~ ii''' '''' ' !l'5' iI~U;.;!H~1 ur: "IIII--i 1!':!iI4 ~ ~ ,..~",. :g,il'~",,~~~ _.......,..;1 ~ ~, " ." i' o ~ p iB.; c " J,~. lit . ~. ' "t~lll .. s~'liI;1; 8'lff,J,P ~i!1~~ ~, J!, ~,',~':' oll .~~~ ilL,"~,~' !l'~~"'1d u !:: co :I: X w \:;$. Z 'H ,0;::, lJ;J, : J.;L( ;z :H :~ Z . 'U,:;/ ~. ~ ~' ~ ""'~ CJrxl ~ ~ o "l d CONDITIONS FOR APPROVAL FOR CU-2008-AR-13060 I. The Conditional Use is limited to what is shown on the site plan, identified as "Naples Baptist Church 2140 Moulder Drive," prepared by Johnson Engineering, Incorporated, dated May 28,2008. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Prior to vertical construction, Naples Baptist Church, Inc., or its successors and assigns, shall construct to county standards a 20-foot rural paved roadway and a 4-foot wide paved shoulder from Immokalee Road to the subject property. 3. The uses shall be limited to Church services and a parsonage. Day care uses are prohibited. The Church services shall be limited to Sunday, Wednesday evenings, religious holidays and a maximum of 20 special events per year. Bible study shall be excluded from this limitation. 4. The site shall not be gated. EXHIBIT D G: Currentl Gundlach! Conditional Uses! Naples Baptist Church! Exhibit D Conditions 9-9-08