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Resolution 2009-213 RESOLUTION 09- 21 3 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NO. CUE-2008-AR-13803, PROVIDING FOR THE EXTENSION OF A CONDITIONAL USE ALLOWING A CHURCH FACILITY IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT WITH A MOBILE HOME OVERLAY (MHO), FOR AN 18.31-ACRE PROPERTY LOCATED IN 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 counties 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) (LDC), which includes a comprehensive zoning ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting and extending of conditional uses; and WHEREAS, on January 10,2006, the Board of Zoning Appeals enacted Resolution No, 06-03, a copy of which is attached hereto as Exhibit A, granting a conditional use pursuant to Section 2.04,03, Table 2 (currently codified as Section 2.03,01.A.1.c.7), of the LDC, to allow a church facility in the Rural Agricultural zoning district with a Mobile Home Overlay (MHO), on property described in said Resolution; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public meeting after proper notice, and has considered the advisability of allowing the requested one-year conditional use extension, pursuant to Section 2,03.01.A.1.c,7 and Section 1O.08,OQ,E.3 of the LDC; and Page 1 of 2 WHEREAS, Section 10.08,OO.E.3 of the LDC provides that the Board of Zoning Appeals may grant one one-year extension of an approved conditional use; and WHEREAS, all interested parties have been given opportunity to be heard by the Board in a properly noticed public meeting, 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 CUE-2oo8-AR-13803, filed by Laura DeJohn, AICP of Johnson Engineering, representing Living Word Family Church, Inc" is hereby approved, allowing a one-year extension of the conditional use approved by Resolution 06-03, in accordance with the conceptual site plan and subject to the conditions set forth in said Resolution, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and super-majority vote, this J 5-l-l-\. day of ~.hTf1bt.( ,2009, f" . (' .~, ATTEST' .;,\,.J ""i~.'''' . . c~,~., '. 4' t ' '. _.. ? DWIGH'f~e~'BRQc'R;.,~ERK {,..~) . ',' ~':1 ~'~; ~ ~' : ~ BOARD OF ZONING APPEALS ::LLlliR cz;r:::o,~ DONNA FIALA, Chairman Approved as to form and legal sufficiency: c) eidi Ashton-Cicko Assistant County Attorney Exhibits attached: A. Resolution 2006-03 CP\08-CPS-00887\1O - HPAC Page 2 of2 RESOLUTION NO, 06- ..Q1.. A RESOLlJfION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE PURSUANT TO SEerION. 2.04,03, TABLE 2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR THE PROPERTY TO BE USED FOR A CHURCH FACILITY IN THE RURAL AGRICULTURAL (A) ZONlNG DISTRICT, FOR A 18,I-ACRE PROPERTY LOCATED IN SECTION 30. TOWNSHTP 48 SOUTH, RANGE 27 EAST. COU.lER COUNTY, FLORIDA. WHEREAS, the Legislature of the Sl:1le of Florida in Chapler 67-1246, UIWS \If Florida, and Chapter 125, Florida Stlllutes, has conferred on Collier County the power to establish. coordinate and enforce zoning and such business regulations as art: necessary for the protection of the public; and WHEREAS, pursuant thereto rile County has adopted a Land Development Code (Ordinance No. 04-41. as amended) which includes II Comprehensive Zoning Ordinllnce establishing regulations for the zoning of particular geogruphic divisions of the County, among which is the gnlnting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and conMituted planning board for the area hereby affected. has held a public hearing afler notice liS in slIid regulations made and provided, and has considered the ndvisabililY of the proposed Conditional Use, allowed by Seclion 2,04.03, Table 2 or lhe Collier CllUnly Land Development Code, in Ihe Rural AgricultuI".l1 (A) zoning dislrict to be used for a Church Facility on the property hereinafter described, and the Collier County Planning Commission has found as /J malleI' of fact (Exhibit "A") that satisfactory provision and arrangement have been made conceming all applicable malters required by said regulations and in accordance with Subseclion 1O,08.oo,D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this BOllrd in a public meeting assembled and the BaliI'd having considered nil mailers presented. NOW, THEREFORE, BE IT RESOLVED by The Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Laura Spurgeon of Johnson Engineering representing Living Word Family Church with respect to the property described as thc West Y.. of the East ~ of the West 'Iz of the NorthellSt \4 less the Soulh J 0' thereof and the North 10' thereof for road right-of-way of Section 30, Township 48 South. 27 Ellst. Collier County, Florida. Jess I1nd eJlccptthe right-or-way of Immokuree ROlld (County ROlld 846) lIS recordccl in Official Records Book 3252, Page 230 of the Public Records of Collier County, Florida, further described as Folio number 002149:20002, be and the same is hereby approved for a Condilional Use allowing a Church Facility, as allowed by Section 2.04,03, Table 2 of I EXHIBIT A Pllgc J of 2 the Collier County und Development Code in the Rural Agricultural (A) zoning district in accordance with the Conceptual Master Plan (Exhibit "an). subject to the conditions set forth in Exhibit "C", which is sltsched hereto and incorporated by reference herein. This Resolulion adopted after motion, d -;; I r, ...., of ., ,,--r) - { second and super-majority vote, this t 2006, BOARD OF ZONING APPEALS COlLIER COUNTY, FLORIDA By: juLw. ~ Fred W. Coyle ,ChaJ 11. ^ ITEST: ,'" , . '.: DWIGHT 'E. BROcK!'C;:lERK (.'tJ-ZOO~.^K,774'11HWI.~ Page 2 of 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-7749 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: YesL No_ B. Ingress and egress to property and proposed stnlctures 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 ---L' Affect mitigated by ~ li~LvlYQ..~ _ 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 aP:roval to the Board of Zoning Appeal.. Ill! ; fi I. DATE: 1ft J --- (/ ;) CHAIRJ...1AN: I Y I ~ EXHIBIT A .i !l t ,<l- i II : 1 :- : j I. : r s oj j I~ j J COLLIER COUNTY. ~ FLORIDA ENGINEERING r- I 1 ! I ! ~ '" , , 8 !; I~ # ~~ . . ,.f " \ ; J .~ ~ Il.lj;iOK"'~ R~O I j Hi Pit I . '. s ~I !: II' ;i;i " ~~J~ ~~ \ I Q01101 :lfllfi t'lf~ IIi' III ~ ~ , ; . , . . .. oil . . ;; . iii . ~ ~ I I 1- UIO ,fJAMfaIID COu., 'tAP\.1'J. 1\01II4 )4112 ~.l~'.a~~~~~ t... ,.., .. LI ,.411 .- ..-----.. .-. ....-- .., I , 'q ".. ~ .tor UVING WORD FAMlLY CHURCH CONCEPTUAL sm l'LAN l.Tl ~ sr. ..... tx' t:Ct::I;:sn. 1.ij>~C::1 ~""1~~ QCI:I ~I ..... <=1 ~:;QY' ~;~~ I-a=~ ~.\.It= ~ ':21 UI,IIoo. ;:0. S'O r;n 0 ~ ~ CONDITIONS OF APPROVAL CU-200S..AR-7749 1, The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Living Word Family Church Conceptual Site Plan," prepared by Johnson Engineering, dated May 20, 2005. 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. 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. Expansion of the uses identified and approved within this conditional use approval. or major changes to the approved plan. shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02,03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance 04-41 j as wnended. . 3. The project must obtain an environmental resource pennit from the South Florida Water Management District (SFWMD) prior to issuance of any site plan approvals, 4. The applicant will provide. at the County's request. a weJIsite easement located in a previously impacted area in the southeast portion of the subject property measuring approximately 50 feet by 70 feet, to be accessed via the Cannon Boulevard access easement. The COWlty will obtain all necessary South Florida Water Management District permits associated with utilization of the site for the requested purpose. 5. Services will be limited to evenings, weekends and holidays until the Inunokalee Road (CR 846) widening project is complete from Wilson Boulevard to Collier Boulevard (CR 951), 6. No day care facilities are approved as a part of this C~nditiona1 Use petition. EXHIBIT "e" CU-200S-AR~ 77 49