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Resolution 2011-213RESOLUTION 11-213 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NO. CU- 2001 -AR -1420, PROVIDING FOR THE EXTENSION OF A CONDITIONAL USE ALLOWING A CHURCH AND CHILD CARE CENTER FACILITY IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT WITH A MOBILE HOME OVERLAY (MHO), FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 47 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 March 26, 2002, the Board of Zoning Appeals enacted Resolution No. 02 -161, a copy of which is attached hereto as Exhibit A, granting a conditional use pursuant to Section 2.2.2.3 (currently codified as Section 2.03.0l.A.l.c) of the LDC, to allow a church and child care facility in the Rural Agricultural zoning district with a Mobile Home Overlay (A- MHO), on property described in said Resolution; and WHEREAS, Bethesda Corkscrew Seventh Day Adventist Church (the "Church ") submitted its application for SDP approval on May 22, 2006; and since the date of the application, this SDP has remained in pending/active status and did not expire; and WHEREAS, while the application for SDP was under review, the Church was not eligible for conditional use extensions under HB 360 (2009), SB 1762 (2010) and HB 7207 (2011) because the conditional use granted under Resolution 02 -161 expired before it was eligible; and WHEREAS, on June 14, 2011, the Church petitioned the Board of County Commissioners by public petition requesting relief from the expired conditional use, and the Board directed staff to explore alternatives for such relief; and WHEREAS, interested parties have been given opportunity to be heard by the Board in a public meeting, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: 1 of 2 Petition CU- 2001 -AR -1420, filed by Bethesda Corkscrew Seventh Day Adventist Church and approved by Resolution 02 -161, is hereby extended until December 13, 2014 based on the following extenuating circumstances: (1) The Church filed its application for an SDP on May 22, 2006 which was approved on December 5, 2007. Since the date of the application, this SDP has remained in pending/active status and did not expire; and (2) While the application for SDP was under review, the Church was not eligible for conditional use extensions under HB 360 (2009), SB 1762 (20 10) and HB 7207 (2011) because the conditional use expired. BE IT FURTHER RESOLVED that any other similarly situated properties may be eligible for an extension after Board consideration where (1) and (2) are met. 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 % day of ©eCn m bp.0 , 2011. ATTE�T,') ' e"a DW 4 IT`5*9P, ', CLERK -- a uty lerk �fq�►it�rtirt�� r�. Approved as to form and leg sufficiency: t4jA-A— (�o eidi Ashton -Cicko Assistant County Attorney Attachment: Exhibit "A "- Resolution 02 -161 1 I - BCC - 00743/7 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: w. C , L , Chairm RESOLUTION NO. 02— 161 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH AND CHILD CARE CENTER CONDITIONAL USES 7 AND I1 RESPECTIVELY IN THE "A -MHO" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON PROPERTY LOCATED IN SECTION 23 ,TOWNSHIP 47 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 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. 91 -102) 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 Collier Coemty Planning Commission, 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 conditional uses '°7" and "I I" respectively of Section 2.2.2.3. in an "A -MHO" Rural Agricultural Zone with Mobile Home Overlay for a church and a childcare center, on the property hereinafter described, and 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 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, W 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: The petition filed by Hoover Planning and Development, Incorporated, representing the NE Naples Seventh Day Adventist Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is hereby approved for Conditional Uses "7" and "I I" pursuant to Secdon 2.2.2.3 of the "A- MHO" Rural Agricultural Zoning District with Mobile Horne Overlay for a EXHIBIT W a churcb and childcare center in W=rdrm a with the Conoeptusl Master Plan (Exhibit "C') and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in do minutes of this Board. Thin Resolution adopted after motion. second and majority vote. Done this f& .'t• day of yilmA4JL, . 20OZ ;,'a • ooh y r u�" •8 BROCK, Cleric „ RID '.� • s s1vatwe only. Approved as to Form and Lew Sufficiency. tLG• S4imJ6i . to ant Assistant County Attorney M2001 -AR -1420 U& • r y1 70 ' 1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The rollowing facts are found: 1. Section 2.2.3. 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 6' 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 I No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _l, 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 Base:: on the above findings, this conditional use sho ywith stipulations, (copy attached) (she uid not) be recommended for approval DA MEMBER: r ExHrBIT NAO 7B J LEGAL DESCRIPTION Northease '/. of the Southeast '/4 of the Southeast '/. teat and' accept the East and South 30 feet thereof reserved for road purpoma and the Ead % of the Southeast % of the Southaat V" of the Southeas; '/4 less and except the North and East and South 30 feet thereof retetved for road purposes of Section 23, Township 47 South, Range 27 East, of the Public Records of Collier County, Florida. CO- 2001 -AE -1420 EXHIBIT "B" E FA 9 I i1 i 1� p fill jwI n.3 I MEN-FEWIL i� L i � llll 11 mill 111 � ltl llli ---------------- --------------------- 1114 nCo- 2001 -AR -1420 EXHIBIT "C" a■..�F2.F n A"°A V- eta ��■ 7B am This approval is conditioned upon the following stipulations: 1. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures. and improvenasfft 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 submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91 -102). 2. Lilac Lane shall be paved from Immokalee Road to the project's driveway entrance. All road Improvements must take place prior to the Issuance of the first certificate of occupancy for this project. 3. Construction of phases II and III shall not commence until the time that Immokalee Road is four laned to Everglades Boulevard. Phase 1 includes an 18,000 square foot church building (300 seats) and all outdoor recreational amenities. Phase II includes an 18,000 square foot expansion to the church with a total of 500 seats. And Phase III Includes a 2.400 square foot childcare carder. 4. The property owner shall dedicate at no cost to Collier County the right-of- -way needed for the widening of Immokalee Road in lieu of constricting turn lanes within 90 (ninety) days upon written request by Collier County. The County shall construct the turn lanes when needed. The petitioner shall have a SherhTs Deputy direct traffic at the intersection of Immokalee Road and Lilac Lane just prior to and after church services. S. Fifteen (15) percent of the existing native vegetation on -site shall be retained as required in Section 3.9.5.5.4 of the Land Development Code. 6. The applicant shall provide a 15' wide landscape buffer, which shall be located along the southern property line subsequent to the right- of-way dedication of condition #4 prior to the Issuance of the first certificate of occupancy. 7. The childcare facility shall be located along the western property setback line on the subject site. EXHIBIT "D"