Resolution 2010-004
RESOLUTION NO. 10- 04
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE EXPANSION
OF A CONDITIONAL USE TO ALLOW THE ADDITION OF 1,550
SQUARE FEET TO AN EXISTING CHURCH BUILDING AND
ADDING A NEW 19,281 SQUARE FOOT GENERAL PURPOSE
BUILDING WITHIN THE AGRICULTURAL (A) ZONING DISTRICT
PURSUANT TO SUBSECTION 2.03.01.A.1.C.7 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED
AT 14600 TAMIAMI TRAIL EAST IN SECTION 12, TOWNSHIP 51
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 No. 93-190, a copy of which is attached hereto as Exhibit "A," the Board
of County Commissioners approved a Conditional Use for the establishment of the Conditional Use for the
First Haitian Baptist Mission, Inc. pursuant to Section 2.2.2.3.6 of the then-current Zoning Regulations,
subject to a number of conditions; 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 the expansion of the Conditional Use to allow the
addition of 1,550 square feet to an existing church building and the construction of a separate 19,281 square
foot general purpose building within the Agricultural (A) Zoning District pursuant to Subsection
2.03.0 I.A.J.c. 7 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
PL2009-0000170
Rev. 12/17109
lof3
met and that satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection JO.08.00.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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
Petition Number PL2009-0000 170 filed by Frederick E. Hood, AICP, of Davidson Engineering,
Inc., representing First Haitian Baptist Mission, Inc, with respect to the property hereinafter described in
Exhibit "B", be and the same is hereby approved for the addition of 1,550 square feet to an existing church
building and adding a new J9,281 square foot general purpose building within the Agricultural (A) Zoning
District pursuant to Subsection 2.03.01.A.1.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 "A", "B", "c" and "D" are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces Resolution No.
93-190, excepting the conditions set forth therein, which are incorporated by reference into this Resolution,
and that the remainder of Resolution No. 93-190 is accordingly repealed.
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 12.. day of
j(tV\\J.ll.Y\_, 2010.
ATTEST:
~:,:~c.c
Attest I' ~ ,~li"k
11onil~ur' o~/,' .
..3tl
BOARD OF ZONING APPEALS
COLLIE~.COUNTY, FLORIDA
.'
J'.' ,
/ i /
...~, ! -,- ,".
By: r .""r'.<.
DONNA FIALA, Chairman
PL2009-0000170
Rev. 12/17109
20f3
Approved as to form
and legal sufficiency:
~_7.w'U .
Steven T. Williams
Assistant County Attorney
Attachments: Exhibit A: Resolution 93-190
Exhibit B: Legal Description
Exhibit C: Conceptual Site Plan
Exhibit D: Conditions of Approval
CP\09-CPS-00957\33
PL2009-0000170
Rev. 12/17109
3of3
EXHIBIT A
Page 1 of 6
"
MAY 11, 1993
Institute, Inc., representing First Haitian Baptist Mission, Inc.,
with respect to the property hereinafter described as:
Exhibit wBn which is attached hereto and incorporated by
reference herein
be and the sallie i. hereby approved tor Conditional Use "6" of the
WAft zoning district for a church and accessory use. to a chUrch in
accordance with the Conceptual Master Plan (Exhibit "C") an~
subject to the following conditions:
A. Th. Current Planing Manager, may approve minor changes in
the location, siting, or height or buildings, structures,
and improvements authorized by the conditional use.
Expansion of the uses identifIed and approved within this
conditional Use application, or major Changes to the site
plan submitted as part of this application, shall require
the subaittal of a new conditional us. application, and
shall comply with all applicable County ordinanees in
effect at the time ot SUbmittal, including Division 3.3,
Site Development Plan Review and approval, of the Collier
County Land Development COde, OrdInance (91-102).
B. This project shall be subject to sit. Development Plan
(SOP) approval in accordance with Division 3.3 of the
Collier County Land Oevelopment Code.
c. This project shall be required to meet all county
ordinances in effect at the time final construction
documents are submitted for development approval.
D. This project shall be designed In accordance with South
Ylorida Water Management District rules tor water
quality.
E. The use ot gra38cd SUrfaces, with a stabiliZed 8ubqrade,
shall be limited to the parking spaces. All parking
aisles shall be paved. The stormwater calculation. shall
consider all of the parking areas as impervious surtaces.
F. connection to the eXisting water tacilities within the
U.S. .41 -riqht-or-way i. required and. shal'l be completely
illustrated on the tinal site plans. Supporting
enqineering construction drawings, showing location,
configuration, and size, Shall be provided at the time ot
SOP review.
G. Prior to Final SOP approval, a letter fro. Rookery Bay
Utilities shall be SUbmitted stating that the District
has reviewed and approved sewer facilities construction
documents tor service to the project.
H. The developer shall provide a letter verifying compliance
with Collier County Ordinance No. 80-112 regarding the
availability and adequacy at sewer .ervice for the
project at the time or bUilding permit SUbmission.
I. The location and size of all water meters shall be shown.
J. Prior to Final SOP approval, a letter ot Water
availability from the Collier County Utilities Division
ahall be provided.
K. The developer shall be subject to all applicable
environmental sections of the Collier County Land
-2-
Page 122-8
EXHIBIT A
Page 2 of 6
L.
MAY 11, 1993
Development Code in eftect at the time of tinal
development order.
All work on the aocess driveway shall be subject to a
Florida Department of Transportation (FOOT) permit.
Left and right turn lan.. off of U.s. 41 shall be
provided at the project access as part of the roadvay
peraittlnq, unl... denl.d by the State of Florida
Department of Transportation.
Arterial level street lighting shall be provided ~t the
entrance dr i ve.
M.
N.
A tire protection water supply (fire hydrant) shall be
provided and located within SOO feet of the structure
measured as fire apparatus would layout the hose.
(Re~eT8nc.! NFPA 1:3-5.5 and Collier County ordinance
Number 92-72).
BE IT FURTHER RESOLVED that this Resolution be recorded in the
O.
.inutes of this Board.
C01IUIIissioner
Me. t thews
offer_d the foregoing
Resolution and moved tor its adoption, seconded by commissioner
Norris
and Upon roll call, the vote was:
AYES: Commissioner Matthews, Commis.ioner Norris, Commissioner Volpe,
Commissioner Constantine and Commis8ioner Saunders
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Don. this 11 ~h
day ot
Mav
, 15193.
>
BOARD OF ZONING APPEALS
::~~;:;;;;DA
T L. SAUNDERS, CHAIRMAN
. . JJ);'.? Of" :'.
;';f;"~sT: .....>.t''''
, ~G~ E. BR:~ CLERK
:;:i..'....,~
~ ..'- ~
s" '"'i ~-
~..." ..;:.
~. ",AS:'tO.FORH AND
L. sm~"!'CY'
,~. .~."" . - ~ .
';hWi,..,a"., Yn:~1Jb 1 "".t.
MARJORiE M. STUDENT
ASSIS'l'AN'l' CO!lNTY ATl'ORNEY
CU-92-~7 RESOLUTION
nb/9154
-3-
Page 122-C
EXHIBIT A
Page 3 of 6
EXHIBIT A
Page 4 of 6
EXHIBIT A
Page 5 of6
..~
.
"
15"
.-
~f
!..i'
..
.
..I
'"
1,;1
--
~l
"=
f~
~..
L_.......
'.'-~",:,:.
.. W:Jt1lr r -.01
T
, '} ,
rl
..
"'
.
..
;; -
=
I
..
n1m
" rfi~ .
f r
. f '1
r
.
.
(
.
~
~~n
d/'o
Up\on '" c..2
. _/ ~ ~
~. :t'O
~ -.0
~ ~5
. '; 0_
0.. :1,
-~ " .)-~
(:. --~.,...,.,.- .
;0'6 _. . .
" -~---~._._'-~-.-,-
L
I,
I
L
I
I
<.,'\,' :;;:;;::
::; . ~
';:.
-:,
:'-/. ,
f\ ::
~; ;:
:;:.
.', ,
-":'" ;
'" .
. s w,,-: ~ ~~
EXHIS'tT. .~.. :
Page 122-F
EXHIBIT A
Page 6 of 6
-. !
,:'
'.
. ,...
0,
n.
,"0
" -
'0-
"
. 'z:
" 0
'"
..
f
1
"~ z
G. . 2,-,
:J ",I:
"'lrR-.e." ': ,-
.; 2:'
,I'D 'g..
,0 .....
~., ,...
--
':-_~"~".," '.
"
:- . ::: ~ : ':';=::".
..:....
"
, "
'.
MAY 11, 1993
--"--'.;--
'.
/,
:/.c::
'" ';~~ ~
t
5'. .'
c.
~
"
..
..
f
......
!.
i
/-
.J..
LEGAL DESCRIPTION
FOR
CU-PL2009-170
PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK
1833, PAGE 298 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE
OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF STATE ROAD 90 (US. 41, TAMIAMI
TRAIL); THENCE ALONG SAID RIGHT OF WAY LINE N 54'
21' 00" W 1000.00 FEET FOR A PLACE OF BEGINNING:
THENCE S 35' 39' 00" W 400.00 FEET; THENCE N 54'
21' 00" W 500.00 FEET; THENCE N 35. 39' 00" E
400,00 FEET TO SAID RIGHT OF WAY LINE: THENCE ALONG
SAID RIGHT S 540 21' 00" E 500.00 FEET TO THE PLACE
OF BEGINNING CONTAINING 4.59 ACRES (+ / -)
EXHIBIT B
"!
I.
il
,;
o.
n
) ~
<<d=d,~ I
u
~
n w
~ ~~
[ !
I !
jI"l
.:in
II II i 1
! ~ ,.
s
! !! I
,
I
1.1
~ :!! i ~ ll;
I' q H ~
Ii! ! ; ! ! i !l
I" I Hili
III ! i ! i ! II
~ ~~ I I
~
~ ~~ II a
"
~ I i
~ .'
."
Hil
~ ~;i ~
u
;
""
C/J
Z
o
U
i>:
o
...
""
~~lt:,( ~."~."~
~ :! .. III ~
,
i
.
~ ! ,.
~ '
.La
;~~
II- -
Ii
~ Ii
~ ~~
!i!; ; ~~
~ ~ ~ ~ II
il 2 ~ ~t
I !~!!! h!!!
~ I I' I
~ ! ! !l
~ qii! l!!
,Sl, In
<I
i
!
o
.
~
~
!
13 Ii!
~ IiI
~ ~U~
~ dill
>-
"
:;!~
~~~~
(l)lijUW
w,,;!!!
~~a_
ffi~~ff:
ltlffi~
,,>-::>
<~o
GwS
c;~w
~c~
2su.
/
.c, ..
>-.1: .. ~ I ,I:
M~i ~! .;/;
- a~il\!i I~II ,!
P~~....., .f'''~, i ",f"l'
'", l.ll ",/
" ,: " "
,.: ,.,,,
li'II;11 /'11
-j, ~; fll~~d"~r~ ,;,
_,_ ~Ii;_ ~Li,' J/','-;CI~~,~J ,',-/
.Ii- -' J_ \ ...,~'l)~;, ~'":.> ,5...~ ~
~"'-16;- .~~-~'.. _-;...... '
10 "'Up"! (~'J~:_ ..___~~~ _ J I
. iiOili \ 8 ,-~:-oiiiffi l,"
\' \. j I \ ,I
!J.,,;i;;:;:'_'\\1 II!it
1.,c~."lLO',__' ~ ---
. <
,,,~.,,.,., '''''''.' """,""'",."''''...".,,,........'O'.,''',,"',,,.~.O'~.
. ,
~..... 0 T"
~ I
15 10,
. z .
~ ~ ~ I
~.
~ 5 ' I!
hI;!
. .
z ~ S .
:z: i ~Ii Ii
~ ~ ill
<
::s
:;;:
~
....l
~
0..
c.i
z~
_l!
~
c:lc
z"
_!l
m~i
w~~
Iii
c:l~N
z~~
w~...!
z~~i
oU.
.D::"'~
CI"-'
_~ae
>12 z
c~~i
a~ifu
Wzo
I. ~
, c.
;. .' _l
i ,~;;
c~
()
I-
iD
i:
><
w
~:l:
~
.
z
2
..
!!l
~l
" ~~
9 ali
~~
EI
;!-
>-
..
0:
G:
CONDITIONS FOR APPROVAL
FOR
CU-PL2009-170
I. The Conditional Use is limited to what is shown on the site plan, identified as "First Haitian
Baptist Mission Church Master Concept Plan," prepared by Davidson Engineering, dated
August 26,2009. 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 services, Sunday School, Bible Study, and receptions.
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
meetings shall be excluded from this limitation.
3. The hours of operation on the subject property are: 9:00 a.m. to 9:30 p.m. Sunday through
Thursday and 9:00 a.m. to 10:00 p.m. Friday and Saturday.
4. Outside music shall be subject to an amplified noise permit.
5. The number of seats in the Church shall be limited to 345 seats.
6. The use of the general purpose building shall be limited to members of the congregation and
their guests.
7. The dumpsters shall be located along the southeast property line, and not immediately
adjacent to homes.
8. A minimum of 30% of the parking area shall be grass parking.
9. The general purpose building shall be limited to one-story and shall not exceed a zoned
height of35 feet.
10. The petitioner shall acquire a cross access agreement or public access easement to provide a
pedestrian interconnection as shown on the Master Concept Plan that connects the Church
property to the residential neighborhood to the south prior to Site Development Plan
approval. This interconnection shall be shown on the Site Development Plan and shall be
constructed prior to the certificate of occupancy for the General Purpose Building.
11. A wall that is a minimum of 6 feet high shall be provided between the Church and the
residential land uses and shall be consistent with the requirements of Section 5.03.02 E. of
the LDC. The church may apply for an administrative fence waiver pursuant to Section
5.03,02 F. of the LDC for that portion of the southeast property line adjacent to the water
management lake from US 41 to where the building(s) are located.
EXHIBIT 0