Resolution 2009-270
RESOLUTION NO. 09- 270
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
EXPANSION OF A CONDITIONAL USE TO ALLOW A MULTI-
PURPOSE BUILDING AS PART OF A CHURCH FACILITY WITHIN
AN ESTATES (E) ZONING DISTRICT PURSUANT TO
SUBSECTION 2.03.0 I.B. I.c. I OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1620 39TH
STREET S.W., IN SECTIONS 14 AND 23, 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, by Resolution Nos. 91-135 and 92-49, copies of which are attached hereto as
Exhibit "A-I ", the Board of County Commissioners approved a provisional use for a church and church
related facilities in accordance with a conceptual master plan, subject to a number of conditions; and
WHEREAS, Unity Faith Missionary Baptist Church, Inc. has filed Petition Number CU-2009-
AR-13786 requesting an expansion to the Conditional Use to allow a I3,100-square foot multi-purpose
building; 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 an expansion of a Conditional Use to allow a
13,100-square foot multi-purpose building as part of a church facility within an Estates (E) Zoning
District pursuant to Subsection 2.03.0I.B.l.c.1 of the Collier County Land Development Code and
Resolution Nos. 91-135 and 92-49 on the property hereinafter described, and the Collier County Planning
Commission has made findings that the expansion of the Conditional Use will not adversely affect the
CU-2008-AR-13786
REV. 8/28/09
10f3
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:
Petition Number CU-2009-AR-13786 filed by Gina R. Green, P.E., representing Unity Faith
Missionary Baptist Church, Inc., with respect to the property hereinafter described in Exhibit "A", be and
the same is hereby approved for an expansion of a Conditional Use for a 13,100-square foot multi-
purpose building as part of a church facility within an Estates (E) Zoning District pursuant to Subsection
2.03.0I.B.l.c.1 of the Collier County Land Development Code, in accordance with the Conceptual Site
Plan described in Exhibit "B" and subject to the previously required conditions set forth in Resolution No.
91-135 together with the conditions set forth in Exhibit "C". Exhibits "A-I", "A", "B" and "C" are
attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces both
Resolution Nos. 91-135 and 92-49, excepting the conditions set forth therein, which are incorporated by
reference into this Resolution.
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 10 day of
~OV€vY\b8V , 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
,
&1
,
st<llllt \I~~ ,,~,.
CU-2008-AR-13786
REV. 8/28/09
DONNA FIALA, Chairman
20f3
Approved as to form and
legal sufficiency:
~ <\
!k:- . 1) '0\ \J;r\O
-7. \...J C\
~""Heidi Ashton-Cicko
Section Chief, Land Use/Transportation
Exhibits attached;
A-I.
A.
B.
C.
Resolution No. 91-135 and No. 92-49
Legal Description
Conceptual Site Plan
Conditions
09-CPS-00949/29
CU-2008-AR-13786
REV. 8/28/09
30f3
JAN 2 8 1992
RESOLUTION 91--115
RELATING TO PETI~ION NO. PU-90-26 FOR PROVISIONAL
USE OF PROPERTY' HEREINAT1'ER DESCRIBED IN COLLIER
C01ll\T.Y, FLORIDA.
WHEREAS, the Leqislature ot the state of Florida in Chapter
67-124~,' Laws of Florida, and Chapter 125, Florida Statutes, has
con~.rred on COllier-county.tha power to establish, coordiQate
and enforce zoninq and such business regulations as are
necessary" tor the protection ot the public; and
WHEREAS, the County pursuant thereto has adopted a
CaMprehen8ive Zoninq Ordinance establishinq regulations tor the
zoninq of particular qeoqraphic divisions ot the County. amonq
which Is the qrantinq of Provisional Uses; and
WHEREAS, the collier County Planning Commission, being the
duly appointed and constituted planning board tor the area
hereby aftected, has held a pUblic hearinq atter notice as in
.ald regulations made and provided, and" has considered the
advisability ot Provisional Usa "a" in the "En (Estates) zone
~or a churph and church related facilities on the property
hereinafter described, and has found AS a matter of tact
(Exhibit "A") that satisfactory provision and arrangement has
been mada concerning all applicable matters required by said
regulations and in accordance with Section 13.1.d of the Zoning
Requlations tor the Collier County Planninq Commission; and
WHEREAS, all interestea parties have been given opportunity
to be heard by thie Board in a pUblic meeting assembled and the
Board having ccn.idered all matter. presented.
NOli, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING
APPEALS of Collier County, Florida that the petition filed by
Keno J. Spagna at Florida Urhan Institute, Inc., representing
~nity Faith Missionary Baptist Church with respect to the
property h.r.lnat~.r described asr
Tract 165;" Colden Gate Estates, Unit 27, according to Plat
thereot, recorded 1n Plat Book 7, Page 17, of the Public
Records of Collier County, Florida.
. OOO..,! 32
EXHIBIT A-1
Page 1 of 7
JAN 2 8 1992
be and the same is hereby approved tor provisional Use "a" ot
the "E" (Estates) zoninq district for a church and church
related facilities subject to the following conditions:
Exhibit "a" which i. attachad herato and incorporated
by rererence herein.
-J-~.
BE IT FURTHER RESOLVED that this Resolutlon be recordad in
the .inut.. or this Board.
commis.ioner
Saunders
offered the
~or.gQln9 Resolution and "moved ~or it.. adoption, ..conded by
c01Il2Ii..loner
Goodni~ht
and upon roll call, the vote
va.,
AYES: Commissioner Saunder8~ Commissioner Good~ight, Commissioner Shanahan,
Comm!asioner Volpe. and Couadssioner Hasse
NAYS:'
ABSEIl'l' AIm HO'l' VO'l'rNC::
ABS~EII'rroH:
Done this
5th
day of Fe.bruary
1991.
BOARD OF ZONINC: APPEALS
COLLIER COUNTY. FLORIDA
..:
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.. 'i'. ~..C. c:rLES, CLElUC
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"', .AP~tl~~~.~~ AIlD LEGAL SUFFICIENCY:
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}L~RI~ ~~y.~-/J.~
'.r" ASSrsT~ COtlNTY ATTORNEY
BY:~~':"'~~
CHAr
PU-90-26 RESOLUTION
nb/4655'
.. UG{)PI~~ 33
EXHIBIT A-1
Page 2 of7
"
JAN 2 B 1992
.......:
'.
FINDING OF FACT
BY .
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PE~ITIO~
FOR
PU-90-26
The tollowjn~ tacts are found:
1.
Seceion , 10 11.])(.) of the Zoning Ordinance
authoriz.J the provisional Use.
2. Grantlnq the provisional Use viII not adversely affect
the public. interest and will not adversely affect other
property or Uses 1n the same district or nei~hborhood
because oft
A.
,
Consistency with the Comprehensive Plan:
CompIles vi~comprehen.iv. RIan
yes._____ No _____
B. Ingre.s and e9resa to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and acce.s in case of
tire" or catastrophe: _
Adequate 1nCR'ess & egress J
Yes - " No
- -
,
C. Affects neiqhborinq properties in relation to
noise, glare, .conomie or odor effects:
~ No affect or _____ Affect aitigated by
______ Affect cannot be mitiqated
General compatibility with Adjacent properties and
other property in the district.
Compatibl~ Use within district .
Yes \..( No
- ------
D.
Based on the above findings, this provisional Use should,
with stiP'!Iations, (copy attached) C oJ \' be
::";";;t;1;7~'" ~~~.~O~.
FINDING OF FACT CHAIRMAN
~XHI.'{JG{h~ 34
EXHIBIT A-1
Page 3 of 7
~
JAN 2 8 1992
'.
J..GRF.F.M~
I, Heno J. Spagna, at Florida Urban Institute, Inc., as
authorized agent tor Petition PU-gO-25, agree to the ta1~owing
.tipula~ion. reque.ted by the Colli.r County Planning
co__i..ion in thair public haaring on January 17, 1991.
1. PUNNING SERVICES!
a. Expansion ot the u... identitied and approved within
this Provisional U.. application, or major changes to
the sit. plan 8ub.itted a. part ot this application,
shall require sub_i..ion ot a nev Proviaional U..
request and ahall comply with all applicable County
ordInance. In attect at the time of submittal
inclu41ng Section 10.5 ot Collier County Zonlnq
Ordinance No. 82-2.
2. WATG MAN~GEMENT ANn ENGTH'~ERIHC:%
a. Design and construction of all improvements shall be
subject to complIance with the appropriate provisions
o~ the Co11ier County SUbdiVision Regulations.
b.
This project shall ba
Ordinance in effact at
document. are submitted
required to meet all County
the time tinal conatructlon
tor development approval.
c. A portion, not exceed 70t at the required parking,
may be developed with a grass Burt ace per the Collier
County Zoning Ordinance Section 8-12C. The driveway
aisles, however, shall be paved. All parking must be
conaidered paved tor stormwater purposes.
3. EnVYRONHENTAL:
a.
Prior to preliminary Sita Development Plan approval,
Project Raview Sarvices Environmental Staff shall
field verify and approve County wetland
juriSdictional areas vhich _hall b. tlaqqad by the
petitioner. These approved wetland juriSdictional
areas shall be designated as Conservation Easements
which shall be recorded In the ofticial County
Records prior to final Site Development Plan
approval. As part ot the vater Manaqement system ~or
this site, all required stormwater retention shall be
directed into thes. preserve areas after a 1/2 inch
dry water quality pre-treatment.
. OUl..... 35
Exhibit -8"
EXHIBIT A-1
Page 4 of 7
.z;
4. TRANSPORTATION.
.IAN ? 9 1992
a. ~. road impact t.. shall b. as ..t ~orth in
Ordinance 15-55, .. amended, and Bha~l b. paid at the
time building permits are issued unless otherwise
approved by the Board ot County Commissioners.
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PETITIO~ER bk ~~
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SWORN TO AND SUBSCRIBED BEFORE HE ~HIS
07 gr."" U . 1991-
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sEAr. ~ \ ' \
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MY COMMISSION EXPIRES.
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L;;l(.~ "
NPTARY
~'~~SrAnall~
lOQDntlIu_c.:&I ~ ~.09a
',I, ~G
~l
REPRESENTA~IVE FOR CC
I 1991.
SWORN ro AND SUBSCRIBED BEFORE HE ~IS
OF. ~... "-'1
SEAL
MY COMMISSION EXPIRES.
~.....~.".. ~ . '"~'..
.-:2~~
DAY
o v1:",,_
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DAY
0J {i."~ Ic. YMA:t~
N~ARY
.:n"'r:'l!.:'n.,
:; r:";Htu u; r tr rL~lh
lCl'h.:'W''Il,U,IlI"",
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AGREDlEIlT SHEET
. ODO/Ar,!' 36
-2-
EXHIBIT A-1
Page 5 of 7
JAN 2 8 J992
RESOLUTION 92-~
RELATING TO PETITION NO. PU-90-26 FOR EXTENSION
OF CONDITIONAL USE OF PROEPRTY HERINAFER
DESCRIBED IN COLLIER COUNTY, FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter
125, Florida Statutes, has conferred on all Counties in Florida the
power to establish, coordinate and enforce zoning and such business
regulations aD are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has edopted a Land
Development Code (Ordinance No. 91-102) which establishes
comprehensive zoning requlations for the zoning of particular
. divisions of the County, among Which is the granting and extending
the time period of Conditional Uses formerly known as Provisional
O..S; and
WHEREAS, on February 5, 1991, the Board of County
Commissionere enacted Resolution No. 91-135, which granted a
provisional use now known as a conditional use pursuant to
Ordinance No. 91-102, for a church and related church facilities,
on the below described property; and
WHEREAS, Subsection 2.7.4.5 of the Land Development COde
provides that the Board of Zoning Appeals may extend the one (1)
year time period for a conditional use which has not been
commenced;
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals
'ot Collier County, Florida that the written request of Dr. Neno J.
Spagna Of Florida Urban Institute, Inc. representing Unity Faith
Missionary Church for the first of three (3) permitted one (l)'year
extensions, in interest of the following described property:
Tract 165, Golden Gate Estates, Unit 27, according to Plat
thereof, recorded in Plat Book 7, Page 17, of the Public
Records of Collier County, Florida.
is hereby approved pursuant to Subsection 2.7.4.5, of the Land
Development Code (Ordinance No. 91-102) and the expiration date for
. OCO,m 30
-1-
EXHIBIT A-1
Page 6 of 7
JAN 2 8 1992
R.solution No. 91-135, attached hereto and incorporated herein as
Exhibit "A" and all conditions applicable thereto is extended
hereby tor ona year until February 5, 1993.
BB IT FURTHER RESOLVED that this Resolution be rscorded in the
ainutes ot thi. Board and in the records ot the Petition tor which
the extl!ns1on b granted.
. ~!Is1oner
Hasse
ottered the toregoing
Resolution and moved tor its adoption, seconded by Commissioner
Shanahan , and upon roll call, the vote was:
AYES: Camd.ssiooer IIasse, Camdssioner Shanahan, CmmI.ssloner Salmders, and
Camdssiooer Volpe
JrAYS:_ cO' c'
ABSENT. AND NOT VOTING: Camdss1.orler Qxxlcight
AB~ON:
Done this
2llth
day ot
Januarv
, 1992.
BOARD OF ZONING APPEALS
~"'tIm,~ """'''
BY: (h .ref!
, CHAIRMAN
". :,./ A:n:JS,~:~~1I1iJ';1 ""
,I, J~:.C. GIL.tBY!CL~
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AS TO i,ORH AND LEGAL SUFFICIENCY:
.
...:,.----
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PO-90-26 EXTENSION RESOLUTION
nb/7151
. DOOPJr,t 31
-2-
EXHIBIT A-1
Page 7 of 7
LEGAL DESCRIPTION
FOR
CU-2008-AR-13786
ALL OF TRACT 165, GOLDEN GATE ESTATES, UNIT NO.
27, recorded in Plat Book 7, pages 17 and 18 of the Public
Records of Collier County, Florida
EXHIBIT A
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CONDITIONS FOR APPROVAL
FOR
CU-2008-AR-13786
1. The Conditional Use is limited to what is shown on the site plan, identified as "Unity Faith
Missionary Baptist Church Conditional Use," prepared by Gina R. Green, P.A. Civil
Engineering, dated July 24, 2009. 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. The uses shall be limited to Church related uses. Day care, weekday private school and
retail church store uses are prohibited. (Note: these uses have not been presented in the
Traffic Study and therefore have not been analyzed as part ofthis Conditional Use.)
3. The Church has agreed not to expand worship service trip generation into the multi-purpose
building and it shall not increase the seating capacity of the multi-purpose building
(educational classes shall not be precluded by this stipulation as they are considered part of
the worship service trip generation shown in lIE 8th edition).
4. The County shall not be responsible for the construction of a noise wall along the future
Green Boulevard extension adjacent to the Church. If a noise wall is sought by the Church,
it shall be at the Church's expense.
5. The conservation easement referenced in Exhibit B of Resolution Number 91-135 IS no
longer required.
EXHIBIT C