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Backup Documents 07/27-28/2010 Item #17ECOLLIER COUNTY FLORIDA 17E REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS L To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) , wewwwwwwwwwwwwww+ r*++++++++ + + + + + + + + +w + + +wwwww *wrwrtw + + + + + ++ Originating Dept/ Div: CDES. /Zoning Person: Nancy Gundlach, Date: , �` V e, Petition No. (If none, give brief description): CU- PL2010 -277, Grace Place Petitioner: (Name & Address): Mr. Christopher Thornton, Becker and Poliakoff, 999 Vanderbilt Beach Road, Suite 501, Naples, FL 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet): Mr. Matthew D'Lean, Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, FL 34108; Grace Place for Children and Families, Inc, 4300 21st Avenue SW, Naples, FL 34116 Hearing before BCC BZA Other Requested Hearing date: Julv 27, 2010_ _y Based on advertisement appearing 15 before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU- PL2010 -277, Grace Place for Children and Families, Inc., represented by Christopher Thornton, Esquire of Becker and Poliakoff, P.A. and Matthew D. McLean, P.E. of Agnoli, Barber and Brundage, Inc., is requesting a Conditional Use to expand the existing provisional use as a church to allow a school in the Residential Single Family (RSF -3) Zoning District, with an ST /W-4 Special Treatment Overlay pursuant to Land Development Code (LDC) Subsection 2.03.02 A.l .c.3. The proposed new Conditional Use will permit expansion of an existing church and school by adding a new 7,200 square -foot building to be used primarily as a school. The 4.01± acre site is located at 4300 21" Street S.W. in Golden Gate, Unit 2, Block 30, Plat Book 5, Page 68, in Section 22, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: I)Msio Administrator or Designee List Attachments: 6- Z3•tO Date 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 document 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 Clerk's Office A . Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. +++++++++++ w++++++ wwwwwwwwwwwwwwwwww++ w+++++++++++++++++++ w+ wwwwwwwww++ + + + + + + + + + +www + + + + + + + + + + +w + + + +w+ FOR CLERK'S OFFICE USE ONLY: Date Received: d Date of Public hearing: ?D1 0 Date Advertised: 7 2(0 17E RESOLUTION NO. 10- 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 WITHIN A RESIDENTIAL SINGLE FAMILY (RSF -3) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.02 A.l.c.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 22, 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, 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 within a Residential Single Family (RSF -3) Zoning District, with an ST/W -4 Special Treatment Overlay pursuant to Subsection 2.03.02 A.l.c.3 of the Collier County Land Development Code on 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- PL2010 -277 filed by Christopher Thornton, Esquire of Becker and Poliakoff, P.A. and Matthew D. McLean, P.E. of Agnoli, Barber and Brundage, Inc., representing Grace Place for Children and Families, 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 within a Residential Single Family (RSF -3) Zoning District with an ST/W -4 Special Treatment Overlay pursuant to Subsection 2.03.02 A.l.c.3 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and Grace Place CU- PL2010.277 Revised 5/21110 1 of 2 17E subject to the conditions 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 .2010. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Willa s y Slf�� Assistant County Attorney Attachments: Exhibit "A"— Warranty Deed Exhibit `B" — Conceptual Site Plan Exhibit "C" — Conditions of Approval CP110- CPS -0101$124 Grace Place CU- PL2010 -277 Revised 521/10 2of2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA �2 FRED W. COYLE, Chairman INSTR 4394279 OR 4536 PG 3487 RECORDED 2/12/2010 9:58 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 50.70 REC $27.00 CONS $0.00 0 8 L/ ^' l� Prepared By: JOHN PATTERSON, ESQ. Livingston, Patterson, Strickland r, Siegel, P.A. 46 North Washington Boulevard, Suite 1 Sarasota FL 34236 (941) 365 -0550 Parcel 1. D. No. 35753480007 THIS INDENTURE, between THE,G,O G THE GOLDEN GATE•METE for profit, whose a Florida, 34116, CONFERENCE, UNI MP to the District" 0-.;!41 Fort Myers Dist Florida corporati Sarasota, Florida, WARRANTY DEED rY is 4300 2' R d S' I o f t e d M se i 35 -9128, 17E day of Gete r, 2009, T CHURCH, INC., formerly Florida corporation not st venue, S.W., Naples, I TRICT, FLORIDA ANNUAL a successor by merger u ch Extension of the t d st Church, Inc., a 0 North Honore Avenue, (Wherever used her he terms "GIZ'!�i and "GRANTEE" shall include singular an 1, heir ./� al representatives, and assigns of individua ,.%� ccessors and assigns of corporations, wherever the o admits or requires.) W I T N E S S E T H, that said Grantor, for and in consideration of the sum of TEN AND 00 /100's ($10.00) Dollars and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to said Grantee forever, the following described land located in the County of Collier, State of Florida, to-wit: All of that portion: Block 30, Golden Gate, Unit 2, as recorded in Plat Book 5, at Page 68, of the Public Records of Collier County, Florida, lying North of a line described as follows: Commencing at the South quarter corner of Section 22, Township 49 South, Range 26 East; thence N 0 °12148" W, for a distance of 1433.36 feet along the West line of the SE 4 of said Section 22, to a point on the North right -of -way line of 22nd Avenue S.W., and 145.06 feet Exhibit A OR 4536 PG 3488 West of the centerline of 43rd Terrace S.W., Golden Gate, Unit 2, as aforesaid; thence East along the North right -of -way of said 22 "d Avenue S.W., for a distance of 1085.96 feet; thence North along the West right -of- way of 42 "d Street for a distance of 510.00 feet to the Point of Beginning; thence West 761.91 feet to the East right -of -way of 43rd Terrace S.W. and the terminal point of the line. Any lying West of a line perpendicular to the line described above (bearing N 0 00'00" E) and lying 350 feet West of the West right -of -way of 42 "d Street as shown on the Plat of r- ter Unit 2, as aforesaid. Subject to reservations year 2009 and And said � land, and will persons whomsoi IN WITNESS W and seal this day WITNESSES: rd, and real Grantor h, r r first ab ��12�E Cv--, (p— rriin�t name of witness) (print name of witness) 2 in restrictions, and arty taxes for the 4rrint the title to said p.,lawful claims of all > to set Grantor's hand 'tten. GOLDEN GATE UNITED METHODIST CHURCH, INC., formerly THE GOLDEN GATE METHODIST CHURCH, INC., a Florida corporation not for profit By: Nancy Bisb e Surviving Director 17E * ** OR 4536 PG 3489 * ** STATE OF FLORIDA COUNTY OF COLLIER The for c orf�g instrument wa day of 49 r, 2009, by NANC of the Board of Trustees of THE CHURCH, INC., formerly THE GOLDEN Florida corporation not for profit M.�nd who is ersonally known as identification. s acknowledged before me this Y BISBEE, a surviving director GOLDEN GATE UNITED METHODIST GATE METHODIST CHURCH, INC., a , on behalf of the corporation to me or who has produced # Xtk,,. �-j. test ion Expires: w: \florida annual 17E Z m fln gV Ig ww -- ---- -- - - -_ -- --o 'M'S IRMS ANz* r �� � 'J 1 I �p Y� •p §�W I g I I •, I� � I j t .•OI I , a I 4-4 '�' 2 ; N� Oi p•' � � ,r � ; ; yin '�� • ���� 3 ii 1' I I a�1 ---71 --- ' N i XX-------------- 1 • i 1 1 I It • ` �, 1 1 � � fy z cn V 7E i r x w 17E CONDITIONS FOR APPROVAL FOR CU- PL2010 -277 1. The Conditional Use is limited to what is shown on the site plan, identified as "Grace Place — Conditional Use Master Concept Plan" prepared by Agnoli, Barber & Brundage, Inc., dated March 2010. 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. EXHIBIT C 17E ` Acct #068779 June 29, 2010 Attn: Legal's Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CU- PL2010 -277, Grace Place Dear Legal's: Please advertise the above referenced notice on Sunday, July 11, 2010 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P*09 #4500096189 17E NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION 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, July 27, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, 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 WITHIN A RESIDENTIAL SINGLE FAMILY (RSF -3) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.02 A.l.c.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU- PL2010 -277, Grace Place for Children and Families, Inc., represented by Christopher Thornton, Esquire of Becker and Poliakoff, P.A. and Matthew D. McLean, P.E. of Agnoli, Barber and Brundage, Inc., is requesting a Conditional Use to expand the existing provisional use as a church to allow a school in the Residential Single Family (RSF -3) Zoning District, with an ST /W -4 Special Treatment Overlay pursuant to Land Development Code (LDC) Subsection 2.03.02 A.1.c.3. The Proposed new Conditional Use will permit expansion of an existing church and school by adding a new 7,200 square -foot building to be used primarily as a school. The 4.01 +/- acre site is located at 4300 21St Street S.W. in Golden Gate, Unit 2, Block 30, Plat Book 5, Page 68, in Section 22, Township 49 South, Range 26 East, Collier, County Florida. 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 17E 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 3301 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 Fred W. Coyle, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) nto 01her 17E CLERK OF THE � RC IT COURT COLLIER COUNTY, OURfIOUSE Dwight E. Brock 3301 TAMIAMI'IAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 4101 -3044 Auditor Custodian of County Funds June 29, 2010 Agnoli, Barber & Brundage Matthew D. McLean 7400 Tamiami Trail North Suite 200 Naples, FL 34108 Re: Petition: CU- PL2010 -277, Grace Place Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners as the Board of Zoning Appeals, on Tuesday, July 27, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 11, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com X CLERK OF THE 011 Dwight E. Brock COLLIER COUNTY ,C Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA June 29, 2010 Becker and Poliakoff Christopher Thornton 999 Vanderbilt Beach Road Suite 501 Naples, FL 34108 Re: Petition: CU- PL2010 -277, Grace Place Dear Petitioner: .,Qs. lller 17E :CIT COURT BUR ,MOUSE Clerk of Courts AIL EAST 044 Accountant 4101 -3644 Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners as the Board of Zoning Appeals, on Tuesday, July 27, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 11, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deput Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk @collierclerk.com ntPft'olher 17E CLERK OFT E iCJRC IT COURT Dwight E. Brock COLLIER COUNTY LOUR '. -LOUSE 3301 TAMIAMI'AIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 `� Accountant NAPLES, FLORIDA` -14101 -3044 Auditor y& 1 Custodian of County Funds June 29, 2010 Grace Place for Children and Families, Inc. 4300 21St Avenue SW Naples, FL 34116 Re: Petition: CU- PL2010 -277, Grace Place Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners as the Board of Zoning Appeals, on Tuesday, July 27, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 11, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Depu Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk @collierclerk.com Martha S. Vergara 17E From: Martha S. Vergara Sent: Wednesday, June 30, 2010 3:26 PM To: Naples Daily News Legals Subject: CU- PL2010 -277 - Grace Place Attachments: CU- PL2010 -277 (7- 27- 10).doc; CU- PL2010 -277 (7- 27- 10).doc Legals, Please advertise the following attached ad on Sunday. July 11, 2010. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergaraDcolliercierk com 27E Martha S. Vergara From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Wednesday, June 30, 2010 3:31 PM To: Martha S. Vergara Subject: RE: VA- PL2009 -045 - Washington Ave., Immokalee ok From: Martha S. Vergara [ mailto: Martha.Vergara @colliercierk.com] Posted At: Wednesday, June 30, 2010 3:25 PM Posted To: Legals - NDN Conversation: VA- PL2009 -045 - Washington Ave., Immokalee Subject: VA- PL2009 -045 - Washington Ave., Immokalee Legals, Please advertise the following attached ad on Sunday, July 11, 2010. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha .vergara(&collierclerk.com Please visit us on the web at www.colliercierk.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 hell)desk(acollierclerk.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. Martha S. Vergara From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Thursday, July 01, 2010 7:45 AM To: Martha S. Vergara Subject: RE: Ad Confirmation Hnks, Em ;D - - - -- Original Message---- - From: Martha S. Vergara [mailto: Martha .Vergara @collierclerk.com] Sent: Wednesday, June 30, 2010 4:09 PM To: Pagan, Emely Subject: RE:Ad Confirmation Emely, Looks good please proceed with the ad Thanks, Martha - - - -- Original Message---- - From: Pagan, Emely [mailto:EPagan @Naplesnews.com] Sent: Wednesday, June 30, 2010 3:55 PM To: Martha S. Vergara Subject: Ad Confirmation Thank you for placing your ad. Date 06/30/10 Publication NDN Ad Number 1860000 Total Ad Cost $310.98 Please visit us on the web at www.collierclerk.com CV __1 Uqb ��7 &Yct, 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. 1 A '110, Ell Ono 111111 IIIpAt;E QF.+ui�+c T<s�sle�Ihrl�otuetcNF Z�ka is hereby nnsh'Brat the Bovaardd of Counptuyb�Commirrl0nioriers, as the Board of 20101 fn`Bea��B i4dminLt}raation Bui d g �olHer sou G ItyYovern `rrteJK Cer4ter 3301. 'Tamiami Troll, Naples, Florida, Tl+e .meet"ing wil begin .at 9:00 A °IM. The title of the proposed resolution is as follows.• A RESOLUTION OF 71WE�BOARD•OF ZONING iAPPEALS OF OLLIER.COVNTY, fLORI- A L YIhTMBP(A R SMA LrcS�GLEY�F 3) ZONINGC7 �� 2 c.3 OF THE Cqq,L���R CbUNtlr LAND DEVEL- E LOCATED IN SECTIOK 22, T&AINSHIP 49 SOUTH, FLORIDA. The Board w(0 comi&(er. petition. CU- PL2010.277, Grace Place for Children and Fami- lies, P I es�tcd ChrhNpher Thornton Esquire r Becker and requeff, GD''• encuggn, P;E ol.Aggggggn���oli, Barber and Brundiga Inc. Is request - m9 a US* to expand t ex provisional use as a I urch to allow a school In al Singly Fsh* (RSF, ) Zoning Qistri , th an ST/W -4 cral, Trey ent a pursuant to Land, Devolopnxint '. 00 Subsection '' 2.03.02 A�t3 P h�v Conditional Use will it a radon of an exlstPnngg chuKill Rog a new, 1,200. SR be used pr!in1 ag p The 401 +/- acre site.�} at 4 t 3Nl in Golden Gate, U Block 30;.P(at Book Riin 5eetion- T Chip 49 South, Range 26 East Collier, County Florida. A °co of the Reloludon is on tulle with`iMe Clerk to the Boar( and Is avai is for Inspection. All Interested parties are invited to atter♦dand baMard, NOTE: All Persons -wishing to k on arty agendr item must register with the Courrrtrtyy Arinbtrator prior to esentsation of- ;tiger. iagn to be Bddr essed: Im ivi fit akers wii be Rrd `tti'3:minutes oh Gem° se of art In- n zed , b X04,, #n orj nizatiorc or a is'dIYCuxrr ff recogg- bY C#uarr, a spokesperson fora group or osganitatiorr may�aRotted 10. minutes tr "ak on an item.. ' Persons wishing to have ugritten or graphic mater ah "Incluudpd h the Board agenda ppackets must, to sold material a rpinrmum a 3 'weeks prior to the ve B we bi submAithd to jnaterl� s Intended tux be ca rr the 4ounty stafF a rfdni seven days Z h . t? � "B°° proyc z d, ar6d . -�of w t1he Board tl;siead a record f the fiord ef- wtii4h . now dance u{5on a*- If �you eare a person .rsidt a u�ebility who needs any accommodation ' er to par a fl In kked, aR not =yto}t to you, to vNkpn o} III au+noir9Wi Naples, 34112,' for the hearing Impaired are available in tlr`e GarnrruilabtseR� y �.;' gOppp. c�o C* Wry /11P � td ^ v 90 OPZONING. COLLIER COUNTY, FLORIDA Fred W. Coyle, CHAIRMAN DWIGHT E.BROCK CLERK 8y: Martha Vergara, Deputy Clerk, lu4 tt' aato - � ' faal'a�oeeo (10- PL2010- z7, (0mct'vIze-, 17E ` IMF NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy Reeve, who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper l time in the issue on July 11, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published In said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second ciass mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication ofthe attached copy of advertisement; and afftant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of afiti, t) Sworn to and subscribed before me This 15th day of July, 2010 ��q�j r �"Al) (Signature of notary publ• ) r.i Notary Puhhr - stale of Honda ' o011rllsslon # DD gl2237 NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION 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, July 27, 2010, in the Boardroom. 3rd Floor, Administration Building, Collier County Govern- ment Center, 3301 East Tamiami Trail, 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, FLORI- DA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE SCHOOL WITHIN A RESIDENTIAL SINGLE FAMILY (RSF•3)-ZONING DISTRICT LAND DEVEL. OPMENTN CODES FOR PROPERTY LOCATED IN SECTION COLLIER 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU- PL2010.277, Grace Place for Children and Fami- lies, Inc.. represented by Christopher Thornton, Esquire of Becker and Poliakoff, P.A. and Matthew D. McLean, P.E. of A noli, Barber and Brundage, Inc., rs request - ing aConditional Use to expand the existing provisional use as a church to allow a school in the Residential Single Family (RSF•3) Zoning District, with an ST/W -4 Spe- cial in Overlay pursuant to Land Development Code (LDC) Subsection 2.03.02 A.I.c.3 The Proposed new Conditional Use will Permit expansion of an existing church and school by adding a new 7,200 square -foot building to be used primarily as a school. The 4.01 +l- acre site is located at 4300 21st Street S.W. in Golden Gate, Unit 2, Block 30, Plat Book 5; Page 68, In Section 22, Township 49 South, Range 26 East, Collier, County Florida. 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 Court ty Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be to to 3 minutes on any Item. The selection of an In- dividual to speak on behalf of an organization or group is encouraged. If recog- nized 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 w prior to rhea public hearing. t of record. used in presentations before the Board ill 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 evi- dence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 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 Fred W. Coyle, CHAIRMAN DWIGHT E. BROCK. CLERK By: Martha Vergara, Deputy Clerk (SEAL) Notfl6040Il. NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy Reeve, who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on July 11, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of ' advertisement; and afiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Q kL\Y , ( Signature of a fa t) Sworn to and subscribed before me This 15th day of July, 2010 - (Signature of notary public) D 7KAROL E KANGAS Not - State of Florida My pires Jul 29, 2013 :' Commission # DD 912237 I?E NC1TtCE OF PUBLK HEARING TO COWAD(M RESOLUTION ~JL,,�� ►�lia � 'amwim � , t x➢14,nN!!1"� vAyl #{pi^ M P+hlPeaed i ' t. A Ca crroo0it' �s s°ourfli;: The Bgitd C 0 fit77,. R1la far C+BId►an #W Fsml� lift, tmilCt re O Mall*Aif�' x clal T dun..nr fn 1. Goia:n � Lir+v ! south, Rape xbINK de. A'e- 7e ors 1Ne MWtt# and Is avaU itx _A11 pert(ez ro imrtts tqiiirk W NOM AN to e^ riblif n+ Izalloner an IM —1. a lir"t or 41W �eitCtted o ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 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 # I through #4 complete the checklist and forward to Sue Filson (line #5) Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) Applicable) �U 2. Agenda Item Number vy Approved by the BCC 3. Type of Document 4. Number of Original 1 Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nancy Gundlach Phone Number 239- 252 -2484 Contact approxiat e. (Initial) Applicable) Agenda Date Item was July 27, 2010 Agenda Item Number 17 E. Approved by the BCC _U Type of Document Resolution 1 t 1 Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKI.ICT I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not approxiat e. (Initial) Applicable) 1. 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 by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board „ ff 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negiiated contract date whichever is applicable. 4. "Sign here" tabs are plafed on the appropriate pages indicating where the Chairman's si nature and initials ar4 required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitivj,16nd require forwarding to Tallahassee within a certain time frame the BCC's or actions a ?e nullified. Be aware of your deadlines! 6. The document was approved by the BCC on July 27, 2010 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17E MEMORANDUM Date: July 29, 2010 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2010- 141:CU- PL2010 -277 — Grace Place Attached for your records is a copy of the document referenced above, (Item #17E) adopted by the Board of County Commissioners July 27, 2010. The original document will be held with the Board's Official Records in the Minutes & Records Department. If you should have any questions, please contact me at 252 -8411. Thank you. Attachment RESOLUTION NO. 10- 1 41 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 WITHIN A RESIDENTIAL SINGLE FAMILY (RSF -3) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.02 A.l.c.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 17E 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 within a Residential Single Family (RSF -3) Zoning District, with an ST /W -4 Special Treatment Overlay pursuant to Subsection 2.03.02 A.l.c.3 of the Collier County Land Development Code on 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- PL2010 -277 filed by Christopher Thornton, Esquire of Becker and Poliakoff, P.A. and Matthew D. McLean, P.E. of Agnoli, Barber and Brundage, Inc., representing Grace Place for Children and Families, 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 within a Residential Single Family (RSF -3) Zoning District with an ST /W -4 Special Treatment Overlay pursuant to Subsection 2.03.02 A.l.c.3 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and Grace Place CU- PL2010 -277 Revised 5/21/10 1 of 17E subject to the conditions 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. eday This Resolution adopted after motion, second, and super- majority vote, this of 2010. ATTEST', ; r 17.24P ,r,% DWI�E' 'T•.' nib Approved as to form and legal sufficiency: ,_'CLERK &C Clerk r41 rw" ! IL2. 1 __; Steven T. Williams Assistant County Attorney Attachments: Exhibit "A" — Warranty Deed Exhibit "B" — Conceptual Site Plan Exhibit "C" — Conditions of Approval CP\ 10- CPS - 01018\24 Grace Place CU- PL2010 -277 Revised 5/21/10 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: `�q- W. (2 �aK FRED W. COYLE, Ch ' Iman Item # I Agenda �c o Date Dade Recd Depu Clerk INSTR 4394279 OR 4536 PG 3487 RECORDED 2/12/2010 9:58 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $0.70 REC $27.00 CONS $0.00 .1 7E ti V Prepared By: JOHN PATTERSON, ESQ. Livingston, Patterson, Strickland 6 Siegel, P.A. 46 North Washington Boulevard, Suite 1 Sarasota FL 34236 (941) 365 -0550 Parcel 1. D. No. 35753480007 THIS INDENTURE, between THE. GOREN G THE GOLDEN GATE METH for profit, whose a Florida, 34116, GF AW.. CONFERENCE, UNIT M8 to the District ` o `+ Fort Myers Distr' Florida corpora ti Sarasota, Florida, t„� (Wherever used her include singular an assigns of individua corporations, wherever WARRANTY DEED ma ;tii�s+' day of qr,r 2009, T CHURCH, INC., formerly CHURCH, IN\ Florida corporation not is 4300 2 st venue, S.W., Naples, )R d ST I TRICT, FLORIDA ANNUAL { Ir a successor by merger l 's 'o n u4ch Extension of the f t e ed M t dPt Church, Inc., a se i ° North Honore Avenue, 35 -9128, G / he terms "G N it and "GRANTEE" shall 1, heiJs% al representatives, and ccessors and assigns of the o admits or requires.) W I T N E S S E T H, that said Grantor, for and in consideration of the sum of TEN AND 00 1100's ($10.00) Dollars and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to said Grantee forever, the following described land located in the County of Collier, State of Florida, to -wit: All of that portion: Block 30, Golden Gate, Unit 2, as recorded in Plat Book 5, at Page 68, of the Public Records of Collier County, Florida, lying North of a line described as follows: Commencing at the South quarter corner of Section 22, Township 49 South, Range 26 East; thence N 0 012148" W, for a distance of 1433.36 feet along the West line of the SE 14 of said Section 22, to a point on the North right -of -way line of 22"d Avenue S.W., and 145.06 feet Exhibit A OR 4536 PG 3488 t 17E West of the centerline of 43rd Terrace S.W., Golden Gate, Unit 2, as aforesaid; thence East along the North right -of -way of said 22nd Avenue S.W., for a distance of 1085.96 feet; thence North along the West right -of- way of 42nd Street for a distance of 510.00 feet to the Point of Beginning; thence West 761.91 feet to the East right -of -way of 43rd Terrace S.W. and the terminal point of the line. Any lying West of a line perpendicular to the line described above (bearing N 0 00100" E) and lying 350 feet West of the West right -of -way of 42nd Street as .qhnwn on the Plat of G_pren- -Gite, Unit 2, as aforesaid. Subject to v reservations off year 2009 and /fsu And said Graito land, and will d ;-el persons whomsoeve IN WITNESS WH and seal this day and WITNESSES: easeme'?t d�' restrictions, and 3, and real rty taxes for the vears . Jaint Mtte rrtnt the title to said n lawful claims of all Grantor hl sir first ab CAN( M. l (print name of witness) i �Utf�•c K � • C�a.11o -c�y (print name of witness) 2 to set Grantor's hand tten. !#,W- GOLDEN GATE UNITED METHODIST CHURCH, INC., formerly THE GOLDEN GATE METHODIST CHURCH, INC., a Florida corporation not for profit By: , Nancy Bisb e Surviving Director El * ** OR 4536 PG 3489 * ** . 1 STATE OF FLORIDA COUNTY OF COLLIER The for coi instrument was acknowledged before me this day of r, 2009, by NANCY BISBEE, a surviving director of the Board of Trustees of THE GOLDEN GATE UNITED METHODIST CHURCH, INC., formerly THE GOLDEN GATE METHODIST CHURCH, INC., a Florida corporation not for profit, on behalf of the corporation and who is ersonally known to me or who has produced �,. as identification e M� Ilrl • `1 w: \florida annual conference Roollden gate \warranty`" ee ►Y f ulic Name of Notary: si n # T"n.. !-L test qii ion Expires: 17E w $� W C, m u51 w w e a m b '�` a M z o o 3 m w$ 3 N �_Q' z� ¢ �r o F E ¢ a as wN is ¢ _i TWO >O j� ° ° m S o ooZip�iFUrz w z f°mx� ¢ 0 3 ¢ a w �u w w 1 9.Ju +�z< o0 Zw t$diy oo w Z �¢ m� a ww U ¢ "' n ^ ¢ ¢ " n a t: aQO�uao oe rc wwzw °wa a oo > i F w mow a In ~~ Zs pp ZZQF Z Z W Q = w W Q O Z m W O Q Q y = W O ¢ S O w n rca ¢ T. z �. w -I W LL LL O W = O r= a m W HU nl O D 3 e W O a ¢ O > O�0¢?S O OU r NNZ� y Oa ' U ? 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I p; :,j I rT, \, ..; N. q �, it :: `� •` a x w t p m j^ I 9Va a rv- 7E 12 x W CONDITIONS FOR APPROVAL 17E FOR CU- PL2010 -277 The Conditional Use is limited to what is shown on the site plan, identified as "Grace Place — Conditional Use Master Concept Plan" prepared by Agnoli, Barber & Brundage, Inc., dated March 2010. 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. EXHIBIT C