Resolution 2013-139 RESOLUTION NO. 13- 1 3 9
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
PRIVATE SCHOOL AND A CHILDCARE CENTER WITHIN A
RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO
SUBSECTIONS 2.03.01.A.1.c.10 AND 2.03.01.A.1.c.11,
RESPECTIVELY, OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA. [PETITION CU-PL20120001074]
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 private school and a childcare center within a Rural Agricultural ("A") zoning district
pursuant to Subsections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11, respectively, 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.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 CU-PL20120001074 filed by Robert D. Pritt, Esquire of Roetzel &
Andress representing Community Congregational Church on the Gulf, Inc. f/k/a Congregational
United Church of Christ, Inc., with respect to the property hereinafter described in Exhibit "A",
be and the same is hereby approved for a Conditional Use for a private school and a childcare
center within a Rural Agricultural zoning district pursuant to Subsections 2.03.01.A.1.c.10 and
2.03.01.A.1.c.11, respectively, of the Collier County Land Development Code, in accordance
Community Congregational Church 1 of 2
CU-PL20120001074—Rev. 5/23/13
with the Conceptual Site Plan described in Exhibit "B", and subject to the Conditions of
Approval 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 a day of
1-tm , 2013.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER • Y, FL 4 RIDA
BY aLIYA,A Q•C BY:- • t�-rk GEORGIA •!LLER, ESQ.
Attest as ,` • an's
Chairwoman
signature only
A'proved as to form and legality:
A A - Ala
Emily R. Pit in
Assistant County Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C—Conditions of Approval
CP\12-CPS-01194\34
Community Congregational Church 2 of 2
CU-PL20120001074—Rev. 5/23/13
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Exhibit B
CONDITIONS OF APPROVAL
FOR
CU-PL2012-1074
1. The child care center and school uses shall be limited to a total of 90 children and students.
2. The child care center and school uses shall not operate at the same time.
3. The normal hours of operation shall be from 8 a.m. to 4 p.m. for the school and 7 a.m. to 6
p.m. for the child care.
4. The grass parking area currently used as an outdoor recreation area may continue to be used
for an outdoor recreation area for the school and the child care center.
5. The student drop-off area shall be located at the southeast corner of the building as depicted
on the Conceptual Site Plan.
6. Once one of the uses authorized by this Conditional Use commences, this Conditional Use
shall not expire so long as one or the other use is still in use. At such point when neither the
school nor the child care center is in use, the Conditional Use shall expire in accordance with
the LDC.
EXHIBIT C
May 2,2013