Resolution 2009-241
RESOLUTION NO. 09- 2 41
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
CHURCH, CHILD CARE CENTER, AND PRIVATE SCHOOL
WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT
TO SUBSECTION 2.03.01.A.l.c OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED AT 9824
IMMOKALEE ROAD IN SECTION 25, 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 (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 of a church, child care
center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0 l.A.l.c
of the Collier County Land Development Code on the property hereinafter described, and the Collier
County Planning Commission has made findings 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 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
CU-09-AR- J 4231
REV. 812SI09
10f2
Petition Number CU~2009-AR-14231 filed by Margaret Perry, AICP of Wilson Miller, Inc. and R.
Bruce Anderson of RoetzeJ & Andress, LPA, representing Peace Lutheran Church of Naples, Inc., with
respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a
Conditional Use for a church, child care center, and private school within an Agricultural (A) Zoning
District pursuant to Subsection 2.03.01.A.1.c of the Collier County Land Development Code in
accordance with the Conceptual Site Plan described in Exhibit liB" and subject to the conditions found in
Exhibit "C". Exhibits "A", "B" and "C" 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 l?>~~ day of
1)(..;-\0 kt ( , 2009.
ATTEST: .
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER UNTY, FLORIDA
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Approved as to form
and legal sufficiency:
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By:
DONNA FIALA, Chairman
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Steven T. Williams S"v,,':ZZ'04!
Assistant County Attorney
Exhibits attached:
A. Legal Description
B. Conceptual Site Plan
C. Conditions
09-CPS-00938/17
CU-09-AR-14231
REV. 8125/09
2of2
LEQh~ pESCRJPTION
THE WEST 352.48 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 25. TOWNSHIP 48 SOUTH. RANGE26 EAST, COLLmR.
COUNTY, FLORIDA, LESS AND EXCEPT TIiE NORTH 100 FEET THEREOF;
FURmER LESS AND EXCEPT mAT PORTION CONVEYED TO COLLmR
COUNTY BY WARRANTY DEED RECORDED IN OFFlClAL RECORDS BOOK
3287, PAGE 2061. OF THE PUBLIC RECORD OF COLLIER COUNTY. FLORIDA.
Exhibit A
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CU~2009.AR-14231 Peace Lutheran Church
Conditions of Approval
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment
B), included in the application. 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. The applicant will be required to contribute proportionate share cost for at-grade
intersection and signalization improvements at Collier Boulevard (CR-95I ) and
Immokalee Road (CR-846), identified in the County's work program as project number
60095, at such time as the applicant submits a Development Order application for a
school or child care center.
3. The project's site generated trips shall not exceed 2,336 total daily two-way trips, and
350 adjusted PM peak two-way trips for any combination of the allowed uses which was
included in the applicant's Traffic Impact Statement (TIS) approved as part of this
petition.
4. The applicant must provide for traffic control via the use of local law enforcement
agencies, upon request by Collier County Transportation Department or the Collier
County Sheniffs Department, at any location that is determined by either entity to
mitigate operational or safety deficiencies as a result of this project's peak-event traffic.
5. The actual height of structures shall not exceed fifty feet (50').
Revised 9117/2009
Exhibit C