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Backup Documents 06/25/2013 Item #17E June 25, 2013 COLLIER COUNTY FLOF CU-PL20120001074 REQUEST FOR LEGAL ADVERTISING 01 Community Congressional Church To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: 17 E (Display Adv.,Location,etc.) Originating Dept/Div: GMD/Planning&Zoning Person:Nancy Gundlach Principal Planner Date:May 21,2013 Petition No.(If none,give a brief description): CU-PL20120001074 Petitioner.(Name&Address): Mr. Robert Pritt Roetzel&Andress 850 Park Shore Drive Tianon Centre,3'"Floor Naples,FL 24103 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other - -- Requested Hearing date:06/25/2013 (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500140024 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: 5- 21- 13 Division A nistrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. B. FOR CLERK'S FFIC // �n Date Received t_ 13 Date of Public Hearing r/ I Date Advertised `-: 6 / 3 NOTICE OF PUBLIC HEARING 17 E Notice is hereby given that on Tuesday,June 25, 2013 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: 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. (CU-PL20120001074) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) � RESOLUTION NO. 13- 17E 1 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 2.03.01A.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. 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.I.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-P1,20120001074—Rev. 5/06/13 17E ' i 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 day of , 2013. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legal sufficiency: Emily R. Pepin 3g' 5/(p)ea0I 3 Assistant County Attorney Attachments: Exhibit A - Legal.Description Exhibit B - Conceptual Site Plan Exhibit C —Conditions of Approval CP\12-CPS-01194\29 Community Congregational Church 2 of 2 CU-PL20120001074—Rev. 5/06/13 , 17E U. 1-7 H 0 La tf) HZ 7 < VI W 1.0 M W < M 7 in < < tr) < z LI N0,. ,--: 0 1 0 kJ 0 Nt 0 0 < 0 < >- W 0 f— -±- i 0 1--. 1--. 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El <0 Exhibit B 17E ' 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 17E 1 . 1 Martha S. Vergara From: PepinEmily <EmilyPepin @colliergov.net> Sent: Tuesday, May 21, 2013 4:10 PM To: Bonham, Gail Cc: Gundlach, Nancy; Martha S.Vergara Subject: FW: Request for BCC Advertising Attachments: Resolution w_Exhibits - 050613 (2).pdf; BCC Advertising 5-21-13.pdf This was completed prior to the new procedures. Gail, Please edit the resolution and the title to comply with the new format. Emily R. Pepin Assistant County Attorney (239) 252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] On Behalf Of Minutes and Records Sent: Tuesday, May 21, 2013 4:03 PM To: GundlachNancy Cc: PepinEmily Subject: FW: Request for BCC Advertising Hello Ladies, Just asking the question as we received a copy of the new procedures, the title in this resolution doesn't contain the Petition #... Is it correct? Martha From: GundlachNancy [mailto:NancyGundlach@colliergov.net] Sent: Tuesday, May 21, 2013 3:58 PM To: Minutes and Records Cc: Bosi, Michael; Bellows, Ray; Ann P. Jennejohn; Patricia L. Morgan; Rodriguez, Wanda; Neet, Virginia; Kendall, Marcia; Wells, Laura Subject: Request for BCC Advertising Good afternoon, Please advertise the petition attachments for the June 25, 2013 BCC hearing. Sincerely, Nancy 1 17E • Martha S. Vergara From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Tuesday, May 21, 2013 4:11 PM To: Minutes and Records Cc: PepinEmily Subject: RE: Request for BCC Advertising HI Martha, Thank you for catching that. I had it in the first version and somehow it dropped out. The petition number is: (CU-PL20120001074) Sincerely, Nancy Nancy Gundlach, AICP, RLA# 1244 Principal Planner, Planning&Zoning Growth Managment Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 FAX: (239)252-6361 nancvgundlach @colliergov.net From: Martha S. Vergara [mailto:Martha.Vergara(a>collierclerk.com] On Behalf Of Minutes and Records Sent: Tuesday, May 21, 2013 4:03 PM To: GundlachNancy Cc: PepinEmily Subject: FW: Request for BCC Advertising Hello Ladies, Just asking the question as we received a copy of the new procedures, the title in this resolution doesn't contain the Petition #... Is it correct? Martha From: GundlachNancy [mailto:NancyGundlach @colliergov.net] Sent: Tuesday, May 21, 2013 3:58 PM To: Minutes and Records Cc: Bosi, Michael; Bellows, Ray; Ann P. Jennejohn; Patricia L. Morgan; Rodriguez, Wanda; Neet, Virginia; Kendall, Marcia; 1 17E .I Martha S. Vergara From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Thursday, May 23, 2013 3:42 PM To: Martha S.Vergara; PepinEmily Cc: Bonham, Gail Subject: RE: Request for BCC Advertising Attachments: Resolution and Exhibits 5-23-13.pdf Here you go Martha and Emily, Attached is the revised, signed, resolution. Sincerely, Nancy From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Thursday, May 23, 2013 3:01 PM To: GundlachNancy Subject: RE: Request for BCC Advertising ok From: GundlachNancy [mailto:NancyGundlach@acolliergov.net] Sent: Thursday, May 23, 2013 3:00 PM To: Martha S. Vergara Subject: RE: Request for BCC Advertising Hi Martha, I am trying to get Emily's initials on the resolution. She should be out of her meeting in a few minutes. Nancy Nancy Gundlach, AICP, RLA# 1244 Principal Planner, Planning &Zoning Growth Managment Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 FAX: (239)252-6361 nancygundlach@colliergov.net From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Thursday, May 23, 2013 1:36 PM To: GundlachNancy Subject: RE: Request for BCC Advertising 1 17E AWSOME!! From: GundlachNancy [mailto:NancyGundlach©colliergov.net] Sent: Thursday, May 23, 2013 1:36 PM To: Martha S. Vergara Subject: RE: Request for BCC Advertising HI Martha, I just called Gail. She is working on it right now. Should have something to you in the next hour or 2. Nancy From: Martha S. Vergara [mailto:Martha.Vergara0collierclerk.com] Sent:Thursday, May 23, 2013 12:24 PM To: GundlachNancy Subject: RE: Request for BCC Advertising Hey Nancy, Just and FYI, nothing yet from Gail. From: GundlachNancy [mailto:NancyGundlachOcolliergov.net] Sent: Wednesday, May 22, 2013 12:14 PM To: Martha S. Vergara Subject: RE: Request for BCC Advertising I'm just glad that I don't have any advertising for a while From: Martha S. Vergara [mailto:Martha.Vergara@icoliierclerkcom] Sent: Wednesday, May 22, 2013 12:12 PM To: GundlachNancy Subject: RE: Request for BCC Advertising A MONTH!! I don't know if I am just envious or scared!!! From: GundlachNancy [mailto:NancyGundlachOcolliergov.net] Sent: Wednesday, May 22, 2013 12:12 PM To: Martha S. Vergara Subject: RE: Request for BCC Advertising Oh my gosh, Martha! From: Martha S. Vergara [mailto:Martha.Vergara0collierclerk.com] Sent: Wednesday, May 22, 2013 12:08 PM To: GundlachNancy Subject: RE: Request for BCC Advertising 2 Awesome, my contact at NDN is leaving for vacation (for a month AHHHHHH) so1,jyLt Ented her to take care of it before she dares leave!! LOL From: GundlachNancy [mailto:NancyGundlach©colliergov.net] Sent: Wednesday, May 22, 2013 12:05 PM To: Martha S. Vergara Subject: RE: Request for BCC Advertising Thanks for the reminder Martha, I know I needed it. Let's see if we get a new reso from Gail this afternoon. Nancy From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, May 22, 2013 11:46 AM To: PepinEmily; BonhamGail Cc: GundlachNancy Subject: RE: Request for BCC Advertising Not to be a bother but I am waiting on the revised Resolution to send the request to NDN.. Thanks, Martha From: PepinEmily[mailto:EmilyPepin@icolliergov.net] Sent: Tuesday, May 21, 2013 4:10 PM To: Bonham, Gail Cc: Gundlach, Nancy; Martha S. Vergara Subject: FW: Request for BCC Advertising This was completed prior to the new procedures. Gail, Please edit the resolution and the title to comply with the new format. Emily R. Pepin Assistant County Attorney (239) 252-8400 From: Martha S. Vergara [mailto:Martha.VergaraPcollierclerk.com] On Behalf Of Minutes and Records Sent: Tuesday, May 21, 2013 4:03 PM To: GundlachNancy Cc: PepinEmily Subject: FW: Request for BCC Advertising Hello Ladies, Just asking the question as we received a copy of the new procedures, the title in this resolution doesn't contain the Petition #... 3 17E ' 4 RESOLUTION NO. 13- 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- oning-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 17E 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 day of , 2013. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legality: Emily R. Pepin 5i?3+i 0 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 17E u_ j^ h 0 Z W W' L.L � N J J < < N CI. r 0 1 CCD j 2< 3- UW} }- t O Z }- "&" 3 1 Z Cn O LI C!> I kJ In _` tn eaY — < < u, LLI Li CL 0 W W VZ <C Lt 0 - M }- UrZ LE L.. 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S O D 40 i- i-vPO -< U07 I ... ..,.,- I *"' , .. .,I i s .... , t t 1 ..,,,ja 114 II g 1 -,, ., a? 1 S $ T.* —.—z-- <?■ ,... o 1; '... b 9 V . 1 ' ■ . 6 P., Q m 8 t ..g .. . .g fe. w v go ,.....-r 0 g ....le . w .4 CC til ...- L,,g 3 b a 65 9..J 6"1 0 V '.4 a 1 U (-) t7, ,--4. .,-,,E7F IA'..'''"::',:3''' :: •..",,i4.1.',4,N;;;',,,„ , ' '•''',"4.;,,,-;P 4 t„.„•,-,,I,e1, t,•,°;=v- rr,,- Nvilli,',t',,,i,,,"4:',21."';,',".,■" , ' "'liti -114 t A ° , :,.r.4'":t.'"*:::.‘'';'■'4',t-'11,*'''..--4.4{;:r:"1,,',',ii?litg4Atle.'171 4MeAL' PS`,',ZI, 114 t I 1 4. q c,.,:t )-. L1v0,'1—''"''' ',-i,..-.-.,-2','A-•°',-'''------f- 1 1. 1 OUTDOOR R ECR EA n-.,.P4oN--"1,' r.,.k,..„m.0i"..J.,';447,;1,7'.,h.„):v,:,7,■'1 kli,-:,:„i,;i `,„,h.'.5, i AREA AND PARKING w " , , i'f ; t" E ,t . 1 €I : ,'' - i ,.'•- , 6,-; 46 a I ., , .. = 1, _% 4- - 4:'' ■.,, •cs - ,?, . ..-.-. , - . (.., 1 * -a le II_ 2 ,v 1 ‘'.i -6 4''''--- 1 2 8 0 ,".1 t''' •,,,',.,i .q. 6 4 '''' I 1 I i i 1 I 1 , 44%' ‘4° • . , , ' ... ',...-7. ' - ''-' Fte-71 CL, ' Id' 7t, ' •.,11.,,,,,t'r f i';1' * , i I ■•,. I r ' ■ , . . „ .. . ■ ' I i [ ' --2 . '4,,,4' .4 1 I I 4 a , ; , s:..,., — gf-,, 4 g....:g it 1' , !.I 1.,..1,". .., !' .- t.4 `;`=') , • ...4 , ,. 1 .,„., •..,..11,4,!.„0,4,.,4,,, wk.... , §% v744;A•,..\-Stii.M• - ,,-,■ '44','141,,■"v4 -,414,- ' 0. TAMIAMI TRAIL (U.S. 41) 7r.8 u .a u g 1M I a. El Exhibit B r_ CONDITIONS OF APPROVAL FOR CU-PL2012-1074,. I. 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 17E Acct #068779 May 21, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CU-PL20120001074, Community Congressional Church Dear Legals: Please advertise the above referenced notice on Wednesday, June 5, 2013 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140024 17 E NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, June 25, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9 : 00 A.M. The title of the proposed resolution is as follows : . 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 .O1 .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. (CU-PL20120001074) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at 17E no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112 , (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. , CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17E Martha S. Vergara From: Martha S.Vergara Sent: Thursday, May 23, 2013 4:20 PM To: Naples Daily News Legals Subject: CU-PL20120001074 - Communtiy Congressional Church Attachments: CU-PL20120001074 - Community Congres. Church (6-25-2013).doc; CU-PL20120001074 Community Congres. Chruch (6-25-13).doc Legals, Please advertise the following attached ad Wednesday,June 5, 2013. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(a collierclerk.com 1 i NOTICE OF PUBLIC HEARIN 1 Notice i5 hereby given that the Board of County Co isacine s, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday. June 25, 2013,in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Terniarra Trail East,Naples, Florida. The meeting will begin at 9:00 A.M.The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING.APPEALS OF COLLIER COUNTY, FLORIDA,PROVIDING.FOR THE ESTABLISHMENT OF A CONDTT1ONAL 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 %TOWNSHIP 48 SOUTH,RANGE 25 EAST, COWER COUNTY, FLORIDA. (PETITION CU-PIA/120001074) A copy of the proposed.Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE. All Persons wishing to speak on any agenda item must register with the County Administrator Drier to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to.speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may.be allotted 10 minutes to speak on an item, Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 vveeks prior to the respective public hearing In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiarni Trail East,Building W„Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER,ESQ..,CHAIRWOMAN DWIGHT E. BROCK,CLERK 13y: Martha Vergara,Deputy Clerk (SEAL) June 5,2013 No. 1990814 17E Martha S. Vergara From: PepinEmily <EmilyPepin @colliergov.net> Sent: Friday, May 24, 2013 4:00 PM To: Martha S.Vergara; Neet,Virginia Subject: RE: CU-PL20130001074 Community Congressional Chruch Ok, now it is approved. :) Emily R. Pepin Assistant County Attorney (239) 252-8400 Original Message From: Martha S.Vergara [mailto:Martha.Vergara@ collierclerk.com] Sent: Friday, May 24, 2013 3:59 PM To: PepinEmily; NeetVirginia Subject: CU-PL20130001074 Community Congressional Chruch Revised dated proof from NDN, M Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 i 7 Naples Daily News 1 I F ' Naples, FL 34110 Affidavit of Publication Naples Daily News + BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 NOTICE OF PUBLIC HEARING REFERENCE: 068779 4 5 0 014 0 0 2 4 Notice is hereby iven that the Board ofi County Commissioners, as the Board of Zonin A peals,o Collier County will hold R public hearing on Tu ay.June 25, 59720908 NOTICE O F PUBLIC H.2013,Bin the Boardroom,3rd floor_Administration Building. _ the Go T i Government Cente3299 T mi Trail s.NN lo s.he meeting will begin at 9:00 AM.T e of p po Ea oW1 Naples, foil State of Florida A RESOLUTION OF THE'BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA,PROVIDING FOR THE ESTABLISHMENT OF A CONDmONAL USE TO Counties of Collier and Lee ALLOW A PRIVATE SCHOOL AND A CHILDCARE CENTER WITHIN A RURAL AGRICULTURAL ZONING DISTRICT PURSUANT CENTER RALO1.A.1.0 10 Before the undersigned authority, per s(AND 2.03.01A.1.C.11,RESPECTIVELY,OF THE COLLIER COUNTY LAND DEVELOPMENT CODE VIP ROPERTY LOCATED IN SECTION 9,TOWNSHIP appeared Amy Davidson, says that she Sert 48SOUTH,RANGE25 ,COWERCOUNTY,FLORIDA. Inside Sales Supervisor, of the Naples Dc(PETrn0NCU-PL20120001074) a daily newspaper published at Naples, ir.A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. County, Florida: distributed in Collier inspection.NOTE: All Persons wishing to speak on any agenda item must register with the and Lee counties of Florida; that the att County Administrator pprior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of an copy of advertising was published in said individual to speak on behalf of an organization or group is encouraged.If recognized by the Chair,a spokesperson for group or organization may be newspaper on dates listed. allotted 10 minutes to speak on an item. Affiant further says that the said Napl Persons wishing to have written or graphic materials includes in th Bo r�agenda i packets must submit said material a minimum of 3 weeks p• News i s a newspaper published at Naples, Board shall be submitteddo the appropriatercounty staff a min mum of seven days Collier County, Florida, and that the Sa11 Prior to the public heanrrtof 11 materd� used in presentations before the Board y will become a permanent Pa newspaper has heretofore been continuous 1.Any person who decides to appeal a decision of the Board will need a recorcloth e re day and has been entered as second class 1reco rdof the poceedingsismade,whichrecordincludes the testimoonyand averbatim matter at the post office in Naples, in Si evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to Collier County, Florida, for a period of -participate m this proceeding,you are entitled,at no cost to you,to th e provision next preceding the first publication O f t of certain assistance.Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East Building W,Naples Florida 34112, attached copy of advertisement; and aft ia/ (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. further says that he has neither paid nor promised any person, firm or corporation c BOARDOFZONNGAPPEALSSIONERS discount, rebate, commission or refund f01 GEORGIA'A.HI ERLOQ•CHAIRWOMAN purpose of securing this advertisement fOI DWIGHT E.BROCK,CLERK publication in the said newspaper. By: Martha Vergara,Deputy Clerk(SEAL) No.1990814 June 5,2013 PUBLISHED ON: 06/05 AD SPACE: 86 LINE FILED ON: 06/05/13 + Signature of Affiant ` _ C iii wpr- Sworn to and Subscribed be re me h'� day of • ti-----. 20 tD Personally known by me i� i " (..-� .rrr>s��susaea.-v�nss�m'sc�.xan— - -weasaxm i CAROL.PO )[O lA y *: !iYrOfri��IC iQN Ec8- 758 F EXP Rc3:November 28,2014�LuuPIcdInsaflY 1 ,,,o+ Ennded ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 2. BCC Office Board of County vr'v r I Commissioners 3. Minutes and Records Clerk of Court's Office 611 by t( r(R/iss 4. } AT 40I2g113 5. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Nancy Gundlach '. cu-...hlvlq Phone Number (239)252- 484 Contact/ Department ` Agenda Date Item was June 25, 2013 Agenda Item Number 17 E. Approved by the BCC Type of Document Resolution Number of Original 1 Attached a l 3 r l 3 q 1 Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's (� signature and initials are required. `�1 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding t Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware o(your deadlines! 8. The document was approved by the BCC on June 25,2013 and all changes made N.G. during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ► sa, BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17E MEMORANDUM Date: July 3, 2013 To: Nancy Gundlach, Principal Planner Comprehensive Planning - GMD From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2013-139: Providing for the establishment of a conditional use to allow a private school and childcare center in a Rural Agricultural Zoning District for the Community Congregational Church on the Gulf, Inc. Attached for your records is a copy of the document referenced above, (Item #17E) adopted by the Board of County Commissioners on June 25, 2913. The Minutes and Record's Department has held the original resolution for the Board's Official Record. If you have any questions, please feel free to call me at 252-8406. Thank you. Attachment 17E 4 RESOLUTION NO. 13- 13 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-PL201200010741 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 17E 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 )5k4ft day of Jvh2 , 2013. ATTEST: BOARD OF ZONING AP' ALS DWIGHT E. BROCK, CLERK COLLIER • Y, FL 4 RIDA BY Oka( ''': • CD.( BY A Ileff$(iii-rk, GEORGIA• LLER, ESQ. Attest as ; • an's Chairwoman signature only. A'proved as to form and legality: (l A/A S b Emily R. P in Assistant County Attorney Attachments: Exhibit A- Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval CP\12-CPS-01194\34 Item# �E -y c3 AgendV Date `O L Date X73 Recd Community Congregational Church 2 of 2 eputy CI CU-PL20120001074—Rev. 5/23/13 17E . ., 41 7444 F- 0 0 0 z < f) LLI w o W z W W << N in Q Z LJ CV 0_ O I 0 Cwt 0 0 O < 4Gdt 4 U) ~ ct 'S •t,t- CD CD I O = H 0 C7 1--L. z z C/) c0 >. `, < < CL m u) W W E • p w w (/7 l w iii a Z W ¢ O O W Z - 1 i O O a• 1.--O Z ,I.J X fY F- z z 1Q- E- H 0 v) w w t= P• < a LL L- w 0 Ul O W w W O w (lS� Z 00 LL In 0 0Q >-. � 0 Z Q J Z = as 0 0 1- ~ z Q J = L� UJ uj o m O � z 0 OL_OL P = � 0 o"' < <ow K aw ( = 00U)o U) W 0 w 0zoo --w ¢ ,t O r') ""* z `�U) LL C!Z w'- r °¢ CC °o°o 32- ci JOv I w < OF-OZ Qm W V) QO W ~d~ laJw (!7 wz W�j0 wO JO c~nz t- J Jo z 1-1-1 U- C9 QCV J< HLLJ 0Z Ow Z r C.,Q wCT) 0 Q�Q�o- w0 OD. O Q �Z°-`r ¢w 0 z>- w o 0 0< zI=- ti o � w L~ w� po Q� wLLCL 0 0== L,I__ -'o C0 < ® H pCnp C.W OQ w H w CO V? L_ Z0 Q cttw d Jim JO Wz — w -JCLW`-- =� CiZ O = QW� Z° w6Om ALL 04 z O Q O W 0< 0 '`�0 `=r< Z Qw �O ZWZ z ZOT)Z ZU 7~ C.)• LJZ -W - - ~ Z � � z `t zEzri z- t¢-- M 0 W ~ w U w WE z m OZL_ z '' zw LL 0 0< O I- 23 H(t)P =O f-< c>GI 62 G o N 1 I its g —z—s ;" N8 U W CO _ O O' y NO • U ce }V o W am w '') w W wo J Mg s g m ga O < 5 8 vi a a V a- 1, =, C..) rg VI Q U ;U 3 Ii N 0 z < Z N° V K O U w a — V S O U j . U zF y o 31 XO s _ V . __ I w�w gg gg l_ :::11.. L T OUTDOOR RECREATION o E a AREA AND PARKING 3 s I a e 1 .. ., R s. 1 . ,x... 4 O Zg co C b c. w zg �� z Cr LaJ WU o NQ a.(..1 F. v1 5� ° ` JO gU C.7 lB' S c� W Up� ae Sb _3 W d © V 4 N Z Q Q h O 1 0.c+, S E a zw � E� i �cµr' c o 1 1 1 : z� o= Z\5 I y (. " Zw a U v i 1► v� � a n c ,ca Ck) t: Ino d2 w'O #'s �a So yy .`s Nm Y$�05 UK nn K o -'--_.. _ ___._J R R o I .. w ..r G C `_ 3 • w 1n o� �m n? `_ OW um o TAMIAMI TRAIL (U.S. 41) o w q w a w W U �� 2� W 3 03 ..O <U 0 W. . g N N 7 Exhibit B CONDITIONS OF APPROVAL 17 E FOR CU-PL2012-1074 I. 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