Resolution 2009-187
RESOLUTION 09- 187
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THE
EXPANSION OF 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 AT 5800 GOLDEN GATE PARKWAY, IN
SECTION 29, TOWNSHIP 49 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 allowing the expansion of
a Church as a Conditional Use 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 (Exhibit
"A") that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 1O.OS.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.
Rev. 6/04/09
Page 1 of2
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier
County, Florida, that:
The petition filed by Dwight Nadeau of RW A, Inc., representing Messiah Lutheran
Church, Inc. of Golden Gate, with respect to the property most commonly described as 5800
Golden Gate Parkway, Collier County, Florida, within Golden Gate Estates, Unit 30, Tract 81
according to Plat Book 7, Page 58 and recorded in Official Records Book 1380, Page 401, 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 (LDC) in
the Estates (E) zoning district to allow the expansion of a Church, in accordance with the
attached Conceptual Master Plan (Exhibit liB"), and subject to the conditions set forth in Exhibit
"C," which is attached hereto and incorporated by reference herein.
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 ) i~y of
1i~ ,2009.
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ATTEST:
DWIGij'F:'e5:B!t()CK, Clerk
,,;, ..' ". '.i'
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,
BOARDJF ONING APPEALS
COLLIER TY, FLORID! _
~d~
By:
DONNA FIALA, Chairman
Approved as to form and legal
sufficiency:
11=-7. LJ' o.L-
STEVEN T. WILLIAMS 1~
Assistant County Attorney 5("... .0"'"
Exhibit A:
Exhibit B:
Exhibit C:
Planning Commission Findings
Conceptual Master Plan
Conditions of Approval
CP\08-CPS-00875\20
Rev. 6/04/09
Page 2 of2
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13679
The following facts are found:
1. Section 2.03.03.C.5 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 ~ Land Development Code and Growlh 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 ingr7 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 StiPUlatil)ltl"~~ed) be
recommended for approval to the Board of Zoning Appeals. ./ . ./ ../
/./~. .
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DATE: 6- 7- '>.2.. COMMISSIONER: 7~,
. ,If;"b G~ T ?' /~ .{ / ,,7-~
Exhibit A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13679
The following facts are found:
1. Section 2.03.03.C.5 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 withytand 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 / 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 ~n 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.
./f7 ./
/ I /'
COMMISSIONER: C .0'-;
'7- ~- 7 - 1
DATE:
Exhibit A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13679
The following facts are found:
1. Section 2.03.03.C.5 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 ~
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 fITe or catastrophe:
Adequate ingress & egress
Yes ~
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ct or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
~/;Ia ?
I /
Exhibit A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13679
The following facts are found:
1. Section 2.03.03.C.5 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
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
L 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
Yesi.- No_
Based on the above flndings, this conditional use should, wi h stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
5h),
I ,
COMMISSIONER:
~w 5<~tfft1L
~
Exhibit A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13679
The following facts are found:
1. Section 2.03.03.C.5 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 y" No Ao:. eL--"- "pAN:" 'i1o.. t/k.''-(
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 _ p.ir ~ ~,r"If)./'I"n. t:4J.~
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
uf
COMMISSIONER:
DATE: C;;; ., "1.r 0 S
,
Exhibit A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13679
The following facts are found:
1. Section 2.03.03.C.5 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:
~~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
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:
6--' / 7 / (j 7
I !
"-1; l
COMMISSIONER: J,"Y/ ,1.c:., K.t./~ (.av~,-,"
.
Exhibit A
~"'r '1\II!'~_'__ IiiO
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13679
The following facts are found:
1. Section 2.03.03.C.5 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 ~ 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 t/ 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: r-7~ tl1
COMMISSIONER:
z:/~
Exhibit A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13679
The following facts are found:
1. Section 2.03.03.C.5 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 7 the Land Deveiopment Code and Growlh Management Plan:
Yes i 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-tL- No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effej:
--i- No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible US7thin 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: 5/7 )d
COMMISSIONER:~-<<~ 9- ~~
Exhibit A
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MESSIAH LUTHERAN
CHURCH
CONDITIONAL USE
SITE PLAN
MESSIAH LUTHERAN
CHURCH
D\XT^~C~
ceNSULTINO avn~
.&. '" ,A. .IL sunooyq '" M"I'\linI
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CONDITIONS OF APPROV AL
CU-2008-AR-13679
May 8, 2009
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "Messiah Lutheran Church Conditional Use Conceptual Site Plan,"
prepared by RW A, Inc., and dated July 2008. The site plan noted is conceptual in
nature for Conditional Use approval only. The final design must be in compliance
with all applicable federal, state, and county laws and regulations.
2. Supplemental native plantings in all three strata shall be added to preserve areas
where the removal of non-native and/or nuisance vegetation creates open areas
with little or no native vegetation coverage.
3. The maximum area of the buildings on the site at build-out shall be limited to
65,569 square-feet.
4. If building height exceeds one story, the front yard setback of 75 feet shall be
increased by 25 feet for the additional floor; or the building shall be stepped back
to provide a vertical slope of two to one.
5. Irrespective of that shown on the Conceptual Site Plan, the property owner shall
provide a five-foot wide pedestrian connection to the site from the existing six-
foot sidewalk along Golden Gate Parkway, with the exact location to be
determined by the County Transportation Planning Department at the time of Site
Development Plan review and approval, pursuant to the requirements of the LDC.
Exhibit C
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