Loading...
Agenda 07/28/2009 Item # 7AAgenda Item No. 7A July 28, 2009 Page 1 of 102 EXECUTIVE SUMMARY CU- 2009 -AR -14137 St. Monica's Episcopal Church, Inc., represented by Heidi K. Williams, AICP, of Q. Grady Minor, Inc., is requesting two new Conditional Uses pursuant to the Land Development Code Section 2.03.01.11A.C., in the Estates Zoning District. The conditional uses being requested are as follows: LDC 2.03.01.B.I.C.3, to allow a child care center; and 2.03.01.B.1.C.4, to allow a private school related to the existing religious facility. The subject property is located on the south side of Immokalee Road (CR -846), west of the Logan Boulevard Extension, in Section 29, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider an application for Conditional Use No. 3 and Conditional Use No. 4, of the Estates (E) Zoning District, as provided in Section 2.03.0l.B.1.c, of the Collier County Land Development Code (LDC), to allow for the addition of a weekday child care center and /or a private school within the existing church facility, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner seeks a new Conditional Use (CU) for an expansion to the church use by adding a private school and /or a weekday child care center within the existing facilities. The proposed Conditional Use petition is intended to supplement the previous conditional use approval (Resolution No. 94 -711) and the maximum total square footage to 28,700 square feet for the entire site. St. Monica's Episcopal Church is currently used for religious services on Saturday evenings and on Sundays. The membership is about 500 congregants and provides seating for 275 people. The church office is open Monday through Friday from 8:30 AM to 4:30 PM and six (6) other Church Ministries use St. Monica's facility from 7:00 PM to 9:00 PM Monday through Thursday for community service activities. The applicant anticipates opening the school and/or child care center about an hour earlier than current uses, which would be 7:30 AM and after - school programs will run until 7:00 PM. The project narrative asserts the requested Conditional Use for the kindergarten to 12th grade school will have a maximum enrollment of 100 students and the applicant has agreed to limit the capacity to 20 new students per year until the maximum 100 students is achieved. If the school does not come to fruition, the church would convert to a child day care center, and reduce the enrollment to 90 children. Originally, a Provisional Use for a 300 seat church was approved for Tract 130 and the East 165 feet of Tract 111 in 1991 (Resolution No. 91 -14). Subsequently, the petitioner applied for a Conditional Use (CU- 94 -12) to accommodate a 500 seat church, administrative offices, and Sunday school classrooms. To accommodate the proposed expansion, the petitioner acquired the adjacent parcel (Tract 131) to be used for the additional parking. At that time, St. Monica's CU- 2009 -AR -14137 Page 1 of 4 July 28, 2009 Agenda Item No. 7A July 28, 2009 Page 2 of 102 deeded to Collier County, fifty (50) feet of right -of -way (ROW) along CR -846 from the East 165 feet of Tract 111, Tract 130 and 131, which was required by the original Provisional Use. The applicant reserved the east 80 feet of Tract 131 in perpetuity as a natural vegetated landscape buffer to maintain their use on 5 acres or less. FISCAL IMPACT: The CU by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the CU is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP) as Estates /Estates - Mixed Use District/Residential Estates Subdistrict. Relevant to this petition, the designation allows certain non - residential uses — including conditional uses listed in the E, Estates, zoning district — subject to locational restrictions. The site is zoned E, Estates, which allows daycare center and private school uses (and church), subject to conditional use approval. Based upon Comprehensive Planning analysis contained in the staff report and as back -up material for the Executive Summary, staff concludes that the proposed conditional use may be deemed consistent with the Golden Gate Area Master Plan (GGAMP). Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with policies 5.1 and 5.2 of the Transportation Element of the GMP. Policy 5.1: The traffic from the proposed expansion has an impact on Immokalee Road (CR -846) directly adjacent to the site and within the area of Immokalee Road (CR -846) and I -75. The County has recently completed the six lane expansion directly adjacent to the site. Immokalee Road (CR -846) at I -75 has insufficient capacity. However, this section of Immokalee Road (CR- CU- 2009 -AR -14137 Page 2 of July 28, 2009 Agenda Item No. 7A July 28; 2009 Page 3 of 102 846) is part of the Florida Department of Transportation (FDOT) IROX construction project. This section is anticipated to be completed within the next twelve months. The mitigation proposed by the petitioner will satisfy the requirements of Policy 5.1. The petitioner has agreed to `phase' the onset of student attendance by limiting the maximum number of new students to 20 during the first year., The 20 student's per year phasing schedule will continue until the expanded capacity at 1 -75 and Imunokalee Road (CR -846) becomes available. Policy 5.2: The volume /capacity (V /C) ratio is currently 1.095, and the project's phasing creates an impact below 1 percent, which allows this project to proceed under Policy 5.2 of the Transportation Element of the GMP. The phasing of students will provide adequate assurance that no significant impact will occur at Immokalee Road (CR -846) at I -75 until after the interchange and roadway expansion is complete. ENVIRONMENTAL ISSUES: Environmental Services staff have reviewed this application and have found that the CU is compliant with the Conservation and Coastal Management Element (COME) and GMP. The applicant is currently in for a site development plan amendment (SDPA), and staff will ensure the required native vegetation to be preserved on site to be consistent with Section 3.05.07 B of the LDC. ENVIRONMENTAL ADVISORY COUNCIL (EAQ RECOMMENDATION: Since the subject site has already been developed, the applicants were not required to submit an Environmental Impact Statement (EIS) for this petition. As a result, they were not required to have a hearing before the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION• The CCPC heard petition CU- 2009 -AR -14137 on June 18, 2009, and by a vote of 9 -0 recommended to forward this petition to the BZA with a recommendation of approval subject to the following conditions which have been incorporated into the CU conditions of approval: 1. No pick -up, drop off or parking shall be allowed on Autumn Oaks Lane for the kindergarten — 12'x' grade school or child day care located at St. Monica's Church. 2. The maximum building square footage shall not exceed 28,700 for the site. 3. The structures shall not exceed an actual building height of 44 feet and zoned height of 30 feet. 4. The applicant has agreed to limit the school functions to 5 days a week and agree not to conduct school activities before 7:30 A.M. and no later than 9:00 F.M. 5. The applicant has agreed to phase the enrollment of students by limiting attendance to a maximum number of 20 new students during the first year of the project, and subsequent years at 20 students per year until the expanded capacity as designed in the current FDOT IROX project at 1 -75 and Immokalee Road (CR -846) becomes available. CU-2009-AR-14137 Page 3 of 4 July 28, 2009 Agenda Item No. 7A July 28, 2009 Page 4 of 102 6. Maximum enrollment for the private school shall be 100 students or 90 students for the weekday child care center. 7. After - school programs are limited to the pre - kindergarten to 12th grade school functions for registered students only. Although the CCPC approval recommendation was unanimous staff did receive two letters of objection from adjacent property owners (Attachment 1), and for this reason the petition has not been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a Conditional Use authorizing a weekday child care center and /or a private school within an existing church facility in the Estates (E) zoning district. A Conditional Use is a use that is permitted in a particular zoning district subject to certain restrictions. Decisions regarding conditional uses are quasi - judicial. As such, this item requires ex parte disclosure and all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the Conditional Use, you may require that suitable areas for streets, public rights -of- way, schools, parks, and other public facilities be set. aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution, with approval of the Conditional Use requiring four affirmative votes of the Board (supermajority vote). The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. (STW) RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve the request for CU- 2009 -AR -14137 St. Monica's Episcopal Church, Inc., subject to staff and the CCPC conditions of approval, as listed in the attached resolution. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review CU- 2009 -AR -14137 Page 4 of 4 July 28, 2009 Page 1 of 2 Agenda Item No. 7A July 28, 2009 Page 5 of 102 fi1e: / /C: \A�zendaTest \Exhort\ 133 -Ju1v% 2028.% 202009\07. %20R0ARn %700F %7070NTN 7 / ? ? / ?OOQ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 7A Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- 2009 -AR -14137 St. Monica's Episcopal Church, Inc., represented by Heidi K. Williams, AICP, of Q. Grady Minor, Inc., is requesting two new Conditional Uses pursuant to the Land Development Code Section 2.03.01.13A.C., in the Estates Zoning District. The conditional uses being requested are as follows: LDC 2.03.01.B.1.C.3, to allow a child care center; and 2.03.01.B.1.C.4, to allow a private school related to the existing religious facility. The subject property is located at 7070 immokalee Road, on the south side of Immokalee Road, west of the Logan Boulevard Extension, in Section 29, Township 48 South, Range 26 East, Collier County, Florida. (CTS) Meeting Date: 7/2812009 9:00:00 AM Prepared By Melissa Zone Principal Planner Date Community Development & Environmental Services Zoning &Land Development Review 716!2009 4:26:26 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services 716/2009 5:00 PM Environmental Services Admin. Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 7/7/2009 8:01 AM Approved By Steven Williams Assistant County Attorney Date Attorney's Office Attorney's Office 717/2009 11:13 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 717!2009 11:40 AM Approved By Najeh Ahmad Director Date Transportation Services p Transportation Engineering & 7!912009 10:29 AM Construction Management Approved By Susan Istenes, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning &Land Development Review 711312009 9:37 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 7/13/2009 9:50 AM Approved By fi1e: / /C: \A�zendaTest \Exhort\ 133 -Ju1v% 2028.% 202009\07. %20R0ARn %700F %7070NTN 7 / ? ? / ?OOQ Page 2 of 2 Agenda Item No. 7,A July 28, 2009 Page 6 of 102 Joseph K. Schmitt Community Development & Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 7/14!2009 3:39 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/15/2009 9:02 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7115/2009 11:41 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 711612009 4:48 PM file: / /C: \AQendaTest \F,xnort\ 133- .Tuh- %?,O29. °/"?0?0 O \07 0/00ROARD0 /000)F 0/`?f17C)NW '7/ ?)/'WQ Agenda Item No. 7A July 28, 2009 Page 7 of 102 Alison Anderson 5720 Autumn Oaks Lane Naples, FL 34119 Melissa Zone, Principal Planner Collier County Development & Environmental Services Division Zoning and land Development Review June 2, 2009 Dear Melissa, 1 am a property owner within 500 ft of St. Monica's Church, which is scheduled or a hearing on June 18, 2009, which may allow a child care center and a private school related to the existing religious facility. I have been a resident of Collier County since 1991. _. I will not be able to attend the meeting on June 18, since I will be returning from Germany with my daughter. Please accept this letter in my absence as comments for consideration in approval and developemnet of the proposed project. My concerns are as follows; 1. According to the Golden Gate Master Plan, there is a limit for churches and schools to 5 acres. If the proposed plan is approved to 6 acres with preserves off -site, we are now setting a new precedent for future development which changes the master plan. 2. The proposed construction site holds water to the point of flooding during the rainy season. I believe the current vegetation and trees absorbs some of this water. if trees are removed, there will be additional standing water, or water that will have to drain to another location with possible flooding of the existing residential areas. 3. There is already a school /daycare at Eagles Nest Church, located North of St Monica's between lmmokalee Rd and Autumn Oaks Lane. Presently, at drop off and pick up from this school, there are several cars that access using Autumn Oaks lane, which increases our neighborhood traffic. My concern is the same will hold true for St. Monica's. Is there adequate drop off and pick up access at Immokalee Road? Is that a potential danger to children since the traffic has increased significantly and speed is allowed up to 55 mph? Will the additional traffic in and out of the proposed facility impair emergency service vehicles trying to exit the nearby fire station? These are safety issues that should concern the county and its residents as well as parents of potential students. Agenda Item No. 7A July 28, 2009 Page 8 of 102 4. Since my property would be directly affected by additional exposure to Immokalee Road and the activity of a proposed day care /school, I would like to request that a barrier in the way of a solid fence, of at least 8', be constructed at the rear of the property and maintained accordingly. Thank you for hearing my concerns. Sincerely, Alison Anderson Agenda Item No. 7A July 28, 2009 Page 9 of 102 ZoneMelissa From: debbiel2355@aol.com Sent: Thursday, June 04, 2009 3:26 PM To: ZoneMelissa Subject: Re: St. Monica's request for school Melissa, I am very concerned about having an additional school on Immokalee Road along Autumn Oaks Lane. My preference would be to not have the school approved. If approved, please have the school follow the rules to have everything on a 5 acre parcel, including water management and vegetation buffer, and not be allowed to put anything on additional acreage. I'm also concerned about the drop -off and pick- up plan. It does not seem safe for the children, and I think it will cause traffic problems on Immokalee, and possibly on Autumn Oaks Lane, as parents may need to park on Autumn Oaks Lane, waiting for school to get out. We live in an estate area, and should not feel like we are in a commercial area, by having to look at parking lots, large buildings, and Immokalee Road. It is extremely important to me that if the school is approved, it needs to have everything on the 5 acres, so that we can maintain a landscaping buffer, I think it would be an unwise precedent to make an exception. Thank you for your consideration to my views. Sincerely, David and Debra Myers 5710 Autumn Oaks Lane Naples, FL Agenda Item No. 7A AGEND Jul 28 2009 �'14A 9-& 102 Coiti-er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 4, 2009 SUBJECT: CU- 2009 -AR- 14137, ST. MONICA'S EPISCOPAL CHURCH PROPERTY OWNER/AGENT: Owner: St. Monica's Episcopal Church, Inc. 7070 Immokalee Road Naples, FL 34119 Agent: Heidi K. Williams, AICP, Senior Plattner Q. Grady Minor, Inc 3800 Via Del Rey Bonita Springs, FL 34134 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for Conditional Use No. 3 and Conditional Use No. 4, of the Estates (E) Zoning District, as provided in Section 2.03 ).0 Lc, of the Collier County Land Development Code (LDC), to allow for the addition of a weekday child care center and /or a private school within the existing church facility. GEOGRAPHIC LOCATION: The subject 5 -acre site is located on the south side of Immokalee Road (CR -846) and «Test of the Logan Boulevard Extension, adjacent to the east of North Naples Fire Control District Station in Section 29, Township 48 South, Range 26 East, Collier County, Florida. (See location nral) on the folloil,in,; page) PURPOSE /DESCRIPTION OF PROJECT: The petitioner seeks a new Conditional Use for an expansion to the church use by adding a private school and /or a weekday child care center within the existing facilities. The proposed Conditional Use petition is intended to supplement the previous conditional use approval CU- 2009 -AR -14137 Page 1 of 12 Revised: 5120109 Qo0 �r y O �N^ 5 C Q ]3YJ5 DI. LOH M ` g� e I. JRa U o I— z mpNmnn gg OHYA3"8 ss3Hd10 3010 cv ry Q3503 SFM U . LJw1 J ur+u 15Y3 AVM 3H0wsohol N N stld a �� El 0 W j z gig R S w O U) F' �f �o M;G1NRi � I a [•31rL: r3llH ETp 1L1ri OJ i Iril :t'3ttl15Y31f:i 5?J0n SSiTiV � _� �_ � a � g� I pp e [in o R r 3EHIlf33n 1 _ NYJrt3! v co p9 I yg � �t 3 ji �6cvn .� 4 R u w a k O) t 7 RR n t R u t � 9- 'ia - bvMrU 3 x 0 - O na Z � E O V O 0 a i ]3YJ5 DI. LOH n c� G V Z z 0 N n 0 U 0 ti Q rn O O N U z O r- w d � g� e I. JRa I— z mpNmnn gg Q3503 SFM U Ix a o a Z ' stld a �� El 0 W gig �f �o M;G1NRi � I [•31rL: r3llH ETp 1L1ri OJ i Iril :t'3ttl15Y31f:i 5?J0n SSiTiV � _� �_ � a � g� I pp e [in r 3EHIlf33n 1 _ NYJrt3! v co p9 I yg � �t 3 ji �6cvn .� n c� G V Z z 0 N n 0 U 0 ti Q rn O O N U z O r- w d 2 L i xg Agenda Item No. 7A July 28, 2009 SITE DATA TOTAL SITE AREA - 6.09* ACHES arawarn msrmr MDIGEkX)LJS WC;ETAT*N X 0.15 . PEOUMCD pRESER%C 6.09 X 0.15 - 0.91 ACAU 2000— Z ---4ww- Q. ..,G. I D R 'ASSOCIATES, I'.A. QWrIER/DFVELOPEE St. Monica's Episcopal Church 7070lmmoko'e* Rood No p les. FL 3.19 (239) 591 -4550 ST. MONICA'S EPISCOPAL CHURCH CONDITIONAL USE CONCEPTUAL SITE PLAN 0 AM aAR ,z -Z $.k SHEET I OF I Attachment "B" Agenda Item No. 7A July 28, 2009 Page 13 of 102 (Resolution No. 94 -711) and limits the total square footage to 21,189 square feet for the entire site which is depicted on the approved site plan (SDPA- 08 -AR- 13077). As depicted on the conceptual site plan (see attached) for the Conditional Use, the ingress /egress is from Immokalee Road (CR -846) and the buffering, water management and native vegetation preserve areas depicted is consistent with the approved site plan (SDPA- 08 -AR- 13077) for the church. The conditional use petition shall only apply to 5 acres of the 6.09 i acre site. If approved the conditional use should not result in any greater physical development than what was approved for this site and as depicted on SDPA- 08 -AR- 13077. This SDP indicates that the existing structure will become the church offices and Sunday school. The project narrative in the application states the following: "If this request is approved, the existing building will be used for either a private pre - kindergarten to 12t" grade school or a day care." The applicant intends to utilize the existing Sunday school area as the location for the private school. St. Monica's Episcopal Church is currently used for religious services on Saturday evenings and on Sundays. The membership is about 500 congregants and provides seating for 275 people. The church office is open Monday through Friday from 8:30 AM to 4:30 PM and six (6) other Church Ministries use St. Monica's facility from 7:00 PM to 9:00 PM Monday through Thursday for community service activities. The applicant anticipates opening the school and /or child care center about an hour earlier than current uses, which would be 7:30 AM and after - school programs will run Until 7:00 PM. The project narrative asserts the requested conditional use for the kindergarten to 12th grade school will have a maximum enrollment of 100 students and has agreed to limit the capacity to 20 new students per year until the maximum 100 students is achieved. If the school does not come to fruition, the church would convert to a child day care center, and reduce the enrollment to 90 children. Originally, a Provisional Use for a 300 seat church was approved for Tract 130 and the East 165 feet of Tract 111 in 1991 (Resolution No. 91 -14). Subsequently, the petitioner applied for a Conditional Use (CU- 94 -12) to accommodate a 500 seat church, administrative offices, and Sunday school classrooms. To accommodate the proposed expansion, the petitioner acquired the adjacent parcel (Tract 131) to be used for the additional parking. At that time, St. Monica's deeded to Collier County, fifty (50) feet of right -of -way (ROW) along CR -846 from the East 165 feet of Tract 111, Tract 130 and 131 (0.947 acres), ,vhich was required by the original Provisional Use. The applicant reserved the east 80 feet of Tract 131 as a buffer to maintain their use on 5 acres or less and the BZA approved it as a condition of approval — the entire east 80 feet of Tract 131 shall remain undeveloped in perpetuity as a natural vegetated landscape buffer. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently developed with a church, zoned Estates (E). SURROUNDING: North: Immokalee Road (CR -846) Single - Family residential; zoned Longshore Lakes PUD. East: Conservation property and vacant property; zoned Estates (E). South: Autumn Oaks Lane and Single - Family residential; zoned Estates (E). West: North Naples Fire Control District station; zoned Estates (E). CU- 2009 -AR -14137 Page 4 of 12 Revised: 5/20/09 Agenda Item No. 7A July 28, 2009 Page 14 of 102 AERIAL PHOTO ,: _v. -D' - IN . saw: aa... z.' �s�.. v^' ek' �l' r.: S:+ `+�+en*..rw,3�a��'- cr�i!•w+;•i; rati'` �3r •nr2..:i- ti..'+= ,.:Jw+�r�'!r. -.. _. a, ae.w�r!.,' *.��.�;.r. - '- il': -� .. .. •'j•,';,Y ••'' {: "�'y't+ ^u❑ ,.r,..�t Yti3i: _... f.ir GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP) as Estates /Estates - Mixed Use District /Residential Estates Subdistrict. Relevant to this petition, the designation allows certain non - residential uses—including conditional uses listed in the E, Estates, zoning district— subject to locational restrictions. The site is zoned E, Estates, which allows daycare center and private school uses (and church), subject to conditional use approval. The "Conditional Uses Subdistrict" in the Estates – Mixed Use District contains specific provisions for conditional uses (CUs) in Golden Gate Estates, including Transitional Conditional Uses as follows (see below): d) Transitional Conditional Uses: Conditional uses may be granted in Transitional Areas. A Transitional Area is defined as an area located befit een existing non - residential and residential areas. T170 huipose of this provision is to allow conditional uses in areas that are adjacent to existing non- residential uses and are therefore generally not appropriate ,for residential use. The conditional use will act cis a buffer between non - residential and residential areas. CU- 2009 -AR -14137 Page 5 of 12 Revised: 5/20/09 Agenda Item No. 7A July 28, 2009 Page 15 of 102 The follorr!ing criteria shall apply.for Transitional Conditional Use requests: • Site shall be directly adjacent to a non - residential use (zoned or developed); • Site shall he 2.25 acres, or more, in .size or be at least 150 feet in width and shall not' exceed S acres; • Conditional uses shall be located oil the allowable acreage adjacent to the non- residential use; • Site shall not he adjacent to a church or other place ofrirorship, school, social or fi crlernal orgcrniZation, child care center, com,alescent home, hospice, rest home, horse.for the aged, adarh foster home, children's home, rehabilitation centers; and • Site shall not be adjacent to barks or opera space and recreational arses; • Site shall not be adjacent to permitted Essential Service, as identified in Section 2.6.9 of the Land Developrrtew Code, except,for libraries and rrmusetans; and • Project shall provide adequate btrfferingfi oar actjacerzl properties allowing residential uses. The subject property complies with all of the above criteria except the size limitation — the site comprises 5.50 acres thus exceeds the 5 -acre maximum. This issue is discussed in more detail below and includes the history of the previous approvals for this site. Project History: On January 8, 1991, prior to adoption of the GGAMP, a provisional use (now known as conditional use) for a church was approved for this site (PU- 90 -24, Resolution Number 91 -14). At that time, there was no limitation on provisional /conditional uses in Golden Gate Estates. The site comprised 4.24 acres and was described as Tract 130 and the East %2 of Tract 111, Golden Gate Estates Unit 97. Conditions of approval included provision of the north 50 feet of the site for right -of -way to accommodate the future widening of Immokalee Road; retention of a 55 feet wide strip of native vegetation along the south property line as a buffer; and, retention of a 40 feet wide strip of native vegetation along the east property line as a buffer. Subsequently, two 1 -year extensions were granted for this site, both occurring after the GGAMP was adopted (February, 1991) and in effect. On September 27, 1994, petition CU -94 -14 (Resolution Number 94 -711) was approved to allow expansion of both the facilities (increase parking area to accommodate the full seating capacity of 500 persons) and the site. At that time, the GGAMP was in effect; it included locational criteria essentially the same as presently exists and as listed above. The site was described as Tract 130, 131, and the East '/2 of Tract 111, Golden Gate Estates Unit 97, less the north 50 feet of all Tracts, and less the East 80 feet of Tract 131, comprising 5.50 acres. The applicant explained in the CU petition narrative that: (1) Tract 131 had been purchased in 1993 to allow for the proposed expansion; (2) the north 50 feet of the site had already been deeded to the County for Immokalee Road right -of -way; (3) the 241' Avenue NW right -of -way (the southern 30 feet of the site) comprised 0.568 acres [this erroneously includes the east 80 feet of Tract 131, the correct figure is 0.513 acres]; and, (4) "the church is willing to reserve the east 80 feet of Tract 131 as a buffer /open space through this conditional use process or as an additional deed restriction to maintain their use on five acres or less" because "the County's master plan for Golden Gate Estates allows only a maximum of five (5) acres be developed under a conditional use." It should be noted that the legal description for the CU petition lessed -out the referenced CU- 2009 -AR -14137 Page 6 of 12 Revised: 5/20/09 Agenda Item No. 7A July 28, 2009 Page 16 of 102 East 80 feet offered as a buffer, thus the applicant was offering not to develop off -site property; staff views this as an incentive ("carrot ") offered to the County, presumably to increase or assure compatibility, to gain petition approval. The Board included this offer as a stipulation in the approving resolution — "the entire cast 80 feet of Tract 131 shall remain undeveloped in perpetuity as a natural vegetated landscape buffer." (Staff has found nothing in the record to indicate this 80 feet wide strip was in lieu of any 1.DC or GMP requirements for native vegetation retention or open space, rather was in addition to any such requirements.) Another condition of approval was retention of a 55 feet snide strip of native vegetation along the south property line as a buffer, with some exception for where a caretaker's residence is to be located. As to the 5 -acre size limitation in the GGAMP, though the applicant in 1994 explained hose the site complied, the petition legal description failed to exclude the south 30 feet which is comprised of right-of-way for 24 °' Avenue NW, thus the actual site acreage approved was 5.50 acres. Research has revealed that the 1994 Staff Report and Executive Summary both stated the site size Was five acres without explanation, nor was there any explanation in the minutes, all of which suggests the Board approved that CU in belief that the site comprised five acres thus was consistent with the GGAMP size limitation. For the present 2009 CU petition, the applicant originally submitted the petition to include (add) the East 80 feet of Tract 131 resulting in total site acreage of 6.09 acres. More recently, the applicant submitted a revised boundary survey and legal description (dated May 7, 2009) that is identical to the legal description of the 1994 CU petition — for 5.50 acres. As noted previously, the south 30 feet of the site is road right -of -sway, comprising 0.513 acres. Components of the project development - buildings, water management, parking, landscape buffers, required native vegetation retention, etc. - cannot be located in the right -of =sway; the right -of -way is unusable for the project. Therefore, exclusion of the right -of -way area would leave no adverse impacts upon the project, and Would result in consistency with the 5 -acre size limitation in the GGAMP (5.50 acres — 0.51 acres = 4.99 acres). FLUE Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding lands uses, as set forth in the Land Development Code." Please see the Zollin,- and Land Develol-mient ReWeii, staff anaij�sis that ii,as dole aS part of their reWew of the pefiti07? 711 its e71th -qj). FLUE Objective 7 and relevant policies are listed below, each policy followed by staff analysis in bold print. Objective 7: "In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable." Policy 7.1: "The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code." As depicted on the Conceptual Site Plan, this project has one existing ingressiegress direct CU- 2009 -AR -14137 Page 7 of 12 Revised: 5120109 Agenda Item No. 7A July 28, 2009 Page 17 of 102 access onto Irrvnokalee Road, are arterial road, which is the only vehicular access to the property and may be found consistent with this policy. Policy 7.2: "The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals." No internal roads are proposed as both the small size of the site and ljpe of project make a loop road not_feasible. This project ma {y be fibund consistent with this polies. Policy 7.3: "All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type." The Conceptual Site Plan does not show access to the adjoining fire station or the undeveloped tract to the east which is limited to a single family dwelling and is separated by an on -site preserve. The application addresses this policy by stating that the residents in the area ham expressed the desire to prevent any interconnection to Aurtitinn Oaks Larne. The subject property has no local streets, having just internal private drivcwa)ys and parking. Due to the small size of this project, the absence of local streets, the 17atur•e of abutting properf),, the preserve along the east boundary and the alleged wishes of the neighborhood to not have interconnections ti1'rlh adjoining neighborhoods or other del'eloprnents, this project may be found consistent with this policy. Policy 7.4: "The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types." The amended site development plan indicates sidewalks will be provided as required by County regulations and the side is bordered on the north by Inmlokalee Road which has side -,walks. As this is a non - residential use, this policy is mostly not applicable and this project may be found consistent with this policy. Based upon the above analysis, staff concludes that the proposed conditional use may be deemed consistent with the Golden Gate Area Master Plan (GGAMP) — the tylitioner shall revise the legal description to exclude the south 30 feet of the site. Alternatively, the Board of Zoning Appeals could determine that the past Board knowingly approved the 1994 CU petition at 5.5 acres and found it consistent with the GGAMP at that time, and determine that the present petition utilizing the same legal description as in 1994 is also consistent with the GGAMP. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with policies 5.1 and 5.2 of the Transportation element of the Grovnh Management Plan, Policy 5.1: The mitigation proposed by the petitioner will satisfy the requirements of Policy 5.1. The petitioner has agreed to 'phase' the onset of student attendance by limiting to a maximum number of 20 new students during the first year of the project, and will continue until the six -lane capacity becomes available on Immokalee Road. Policy 5.2: The volume /capacity (fit /C) ratio is currently 1.095, and the project's phased iinpact creates impacts below 1 percent, which allows this project to proceed under Policy 5.2 of the Transportation Element of the GMP. The phased onset of students, limited to 20 per year until capacity is fully available, is below I percent of the current four lane adopted volume. CU- 2009 -AR -14137 Page & of 12 Revised: 5120109 Agenda Item No. 7A July 28, 2009 Page 18 of 102 Immokalee Road Impacts: The first concurrency link that is impacted by this project is Link 43. 1, Immokalee Road (CR -846) between Interstate 75 (I -75) and Logan Boulevard. The project generates 34 PM peak hour. peak direction trip on this link, which represents a 1.47 percent impact on Immokalee Road (CR -846) upon reaching build -out condition. This concurrency link reflects a negative capacity of a negative 221 trips in the adopted 2008 Annual Update and Inventory Report (AUIR) (adopted late 2008) and is at Level of Service "F ", and reflects a Volume /Capacity ratio of 1.095 (109.5 percent). The roadway capacity is currently reflective of a Foul' -lane divided facility, and upon completion of the I -75 interchange improvements at this location in 2010 is anticipated to return to a six -lane divided capacity. At such time that capacity becomes available, this project is anticipated to have a positive remaining capacity of approximately 1,000 trips`. *For this statement, the 2008 AUIR background volume was used, and then compared to the 2007 adopted six -lane volume. Variation to the number of remaining trips is possible, as the annually recorded background traffic has shown a negative trend throughout the County and the trip bank has been adjusted as projects are approved or completed for construction. Conservation & Coastal Management Element (CCR7E): The Environmental Review staff has supplied the following analysis of the petition. The subject site was reviewed based on the application and survey that was provided by the applicant and depicted on the recently approved site plan, SDPA- 08 -AR- 13077, This SDP supplies the minimum requirement of 15 percent native vegetation preservation based on a 6.09 acre project boundary. As pain of the consistency review of this CU, Enviromnental staff was inforined of the GGAAZP limitation of five (5) acres for a conditional use application. Since the CU conceptual site plan does not depict the minimum required 15 percent native vc(retation retention for a project of five (5) acres or more, staff does not find the CU to be consistent with LDC 3.05.07 B ivhich requires native vegetation to be preserved on site. Since the site does not have the required on -site preserves, staff is requesting the applicant to amend the Church's SDI' to provide the required on -site preserves for a five (5) acre site in order to be found consistent with the GGATOP and LDC. evei.v <Vc- Before an), Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make findings that: 1) approval of the Conditional Use Nvill not adversely affect the public interest: and 2) all specific requirements for the individual Conditional Use will be met, and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management PIan. This request is not consistent with the CCR4E or LDC. However, if the BZA approves the conditions proposed by staff: this project will be in compliance with the applicable provisions of the LDC and GMP. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. CU- 2009 -AR -14137 Page 9 of 12 Revised: 5/20(09 Agenda Item No. 7A July 28, 2009 Page 19 of 102 As depicted on the conceptual site plan, the ingress and egress to the subject property is limited to Immokalee Road. The minimum parking requirements for a child care center contained in LDC Section 4.05.04, Table 17, Parking Space Requirements, is I space per employee of the largest work shift plus 1 space for every 10 children; minimum parking requirements for Church is 3 for each 7 seats in chapel or assembly area, and for an Pre- kindergarten to 12th grade school 5 spaces per 4 staff /faculty members, and the site plan provides 150 parking spaces. Although, the recently approved site plan, SDPA -08 -AR -13077 does not provide adequate drop off and pickup areas for the proposed school or child care center. Staf is recommending as a condition of approval that the applicant amend the site plan to include safe and adequate drop off and pickup area for the proposed pre- kindergarten to 12th grade school or child care center to ensure the safety of the children. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As previously mentioned, the subject site was recently approved for a larger sanctuary and supporting facilities to an existing church and the private school or weekday child care facility will be located in the existing church offices. The total square footage of the facility will be approximately 21, 189 square feet and a maximum zoned height of 30 feet and the actual shall not exceed 44 feet. The establishment of the height limit at 30 feet accommodates Section 4.02.01 Table 2, of the LDC for dimensional standards for principle uses in the E zoning district. The subject site has to adhere to all the applicable regulations of the LDC regarding, preserves, height restrictions, setbacks, and buffer requirements by ensuring the surrounding area has a certain degree of access to light and air. 4. Compatibility with adjacent properties and other property in the district. The proposed project complies with all applicable provisions of the LDC except for Section 3.05.07 B which requires on -site preserves. Although., the approval of this request will result in a greater physical development than what was approved for the original CU, the development being proposed is compatible with the surrounding area. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the site is under the size threshold (10 acres) to require and Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was duly noticed by the applicant and held on May 4, 2009 at 5:30 p.m. at the St. Monica's Church. Three people from the public attended, as well as the applicant's team (Heidi Williams of Q. Grady Minor) and county staff. Ms. Williams presented an overview of the two requested Condition Uses to the LDC; 1) to -- allow a child care center; or 2) to allow a private school, which would be housed in the existing Sunday School rooms. St. Monica's has a lease agreement with The Classical Academy of Naples who will be managing the private school and will be starting classes August 10, 2009 for pre- kindergarten to 12th grade students. The applicant informed those in attendance that the CU- 2009 -AR -14137 Page 10 of 12 Revised: 5120/09 Agenda Item No. 7A July 28, 2009 Page 20 of 102 approved conditional use for the church and the proposed expansion development intensity will remain. There was no opposition from those in attendance; however the following comments were expressed: 1. Would there be a connection road onto Autumn Oaks Lane, which the applicant answered no; the church doesn't want to see a connector road so there is no plan to build one. The representative of the Oakes Association stated they support the project as long as there is no connection to Autumn Oaks Lane. 2. What would the traffic impact be with school buses dropping off children; the applicant replied that there are no impacts based on the Traffic Impact Statement (TIS) that was submitted with the application. There will also be a turn lane added off of Immokalee Boulevard onto the church parcel. It was also mentioned at this time, that the Classical Academy of Naples will open August 10, 2009 for the 2009 -2010 Academic Year and will be limited the first year to 20 students and the maximum 100 students. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU- 2009 -AR -14137 revised on 5/20/09. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- 2009-AR- 14137, to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. The Conditional Use shall apply only the portion of the site that excludes the 0.91 acres conservation easement to the east (less 80 feet of Tract 131). 2. The petitioner shall revise the legal description to exclude the south 30 feet of the site to reflect a 5 acre site or, the Board of Zoning Appeals could determine that the past Board knowingly approved the 1994 CU petition at 5.5 acres and found it consistent with the GGAMP at that time, and determine that the present petition utilizing the same legal description as in 1994 is also consistent with the GGAMP. 3. The applicant has agreed to phase the enrollment of students by limiting attendance to a maximum number of 20 new students during the first year of the project, and subsequent years at 20 students until the six -lane capacity becomes available on Immokalee Road. 4. Maximum enrollment for the small private school shall be 100 students or 90 students for the weekday child center. 5. The owner shall amend the Church's SDP to provide the required on -site preserves for a 5 acre site in order to be found consistent with the GMP and LDC or, the BZA could determine that the past Board knowingly approved the 1994 CU petition with the 0.91 acres to the cast (less 80 feet of "bract 13 1) as an off -site preserve, and determine that the present conditional use is also consistent with the GGAMP. 6. The applicant shall amend the site plan prior to the commencement of school to include safe and adequate drop off and pickup area for the pre - kindergarten to 12th grade school or child care center to ensure the safety of the children. 7. After - school programs are limited to the pre- kindergarten to 12th grade school functions and register students only. CU- 2009 -AR -14137 Page 11 of 12 Revised: 5/20109 Agenda Item No. 7A July 28, 2009 Page 21 of 102 PREPARED BY: MELISSA ZO 1E, PR CI ALP ANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: l.. n RAYMO � Pb V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSA1,f M. ISTENES, AICP, DIRECTOR f DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JO�EPH K. SCH.MITT, ADMINISTRATOR DATE' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK STRAIN, CHAIRMAN DATE Staff report for the June 4, 2009 Collier County Planning Commission Meeting Tentatively scheduled for the July 28, 2009 Board of County Commissioners Meeting Attachments: A. CU Findings of Fact (Exhibit "A ") B. Conceptual Master Plan C. Resolution (Exhibit "B ") D. Res No 94 -711 E. SDPA -08 -AR -13077 site plan CU- 2009 -AR -14137 Page 12 of 12 Revised: 5120/09 Agenda Item No. 7A July 28, 2009 Page 22 of 102 EXECUTIVE SUMMARY PETITION NO. CU- 94 -12, TERRANCE C. KEPPLE, OF BRUCE GREEN AND ASSOCIATES, INC., REPRESENTING ST. MONICA'S EPISCOPAL CHURCH, REQUESTING CONDITIONAL USE "1" OF THE ESTATES (E) ZONING DISTRICT FOR CHURCHES AND OTHER PLACES OF WORSHIP, FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY ; MILE EAST OF OAKS BOULEVARD, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 5 ACRES. OBJECTIVE: This proposed conditional use is to allow for an expansion of 200 seats to the already approved 300 seat church with the first phase almost completely built out. CONSIDERATIONS: A conditional use was granted for this site in 1991. The church is under construction and the first phase will be completed this fall. St. Monica's long range plan is for a 500 seat church as opposed to the 300 seat church approved in 1991. Therefore, this proposed conditional use is to allow for an expansion of 200 seats, additional parking, maintenance building, cookout pavillion and a caretaker's residence in addition to the already approved accessory uses (day school, administration/ education building and columbarium) which will be constructed in future phases as shown on the Master Plan. It is estimated that the proposed facility will generate approximately 300 trips on a Sunday. Based on the Traffic Circulation Element, the site generated trips will not exceed the significance test standard (5 percent of the Level of Service LOS "C" design capacity) on Immokalee Road. The current traffic count for this segment of Immokalee Road is 11,078 and is currently operating at LOS "A ". Ingress /egress to the proposed petition is via Immokalee Road with the exception of the caretakers residence which will have its access from 24th Avenue Northwest. Surrounding properties include developed Estates zoning to the south and across 24th Avenue N.W. and to the west (fire station). Undeveloped Estates zoning to the east, and to the north and across Immokalee Road, partially developed residential PUD (Longshore Lake PUD). The Collier County Planning Commission reviewed this petition on September 1, 1994 and by a vote of 8 -0 recommended approval subject to the stipulations spoke in favor hearing. incorporated into the Resolution of Adoption. No one or opposition to the proposed petition at the public -1- AGEN No. q- SEP 2 7 1994 Pg. i Agenda Item No. 7A July 28, 2009 Page 23 of 102 FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off -set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is designated "Estates" on the Golden Gate Master Plan Future Land Use Map. The Estates designation permits conditional uses in transitional areas. This proposed conditional use is a expansion to an already approved conditional use that is considered consistent with the Golden Gate Area Master Plan (GGAMP) because it meets all the transitional conditional use provisions and its approval will not have a negative impact on the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90 -24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC /ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical /Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve conditional use Petition CU -94 -12 subject to the stipulations incorporated into the Resolution of Adoption. AGEI�W No. _2 I SEP 2 7 1994 pg. z PREPARED BY: Co- SAM SAADEH DATE' PROJECT PLANNER REVIEWED BY: RO ERT J. MULHERE, AICP DATE ACTING CURRENT PLANNING MANAGER DONALD W. ARNOLD, A P DAT ACTING SITE DEVELOPMENT REVIEW DIRECTOR RICHARD R. C DATE COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR CU -94 -12 EX SUMMARY /md Agenda Item No. 7A July 28, 2009 Page 24 of 102 AGE D T ` No. /} SEP 2 7 1994 —3— p 075) September 27, 1994 Agenda Item July 2E Page 25 ;� i13Ai iSOLUTIOII 94 -711 RE PETITION CU- 94 -12, TERRANCE XEPPLE OF BRUCE GREEN .S AggOCZA94 -, INC., REPRESENTING ST. MOIQICA'SEEPZONING DISTRICT FOR gQUESTING CONDITIONAL USE "1" OF THE ESTATES ( } g A= ROAD, OTHER PLACES OF WORSHIP, FOR THE PROPERTY LOCATED ON THE 0t7TE SIDE OF Mpl1SA1'EdFROAD, (5) ACRES PTED HALF MILE EAST OF OARS ADO OULIVARD, CONSISTING Legal notice having been published in the Naples Daily News on videnced by Affidavit of Publication filed ,eptember 21. 1994, as e with the Clerk, public hearing was opened. Sam Saadeh, Planner, stated that the proposed conditional use is to allow for an expansion of 200 seats to the already approved 300 seat church with the first phase almost completely built Out. commissioner Constantine closed the public hearing. Commissioner Volpe questioned whether sufficient parking is available to accommodate the additional 200 seats? Mr. Saadeh informed the Board that part of the expansion is to add additional parking to accommodate 500 parishioners. He explained that this conditional use is adding the 200 seats to the existing con- ditional use, a maintenance building, cookout facility and caretakers residence. He indicated that accessory facilities were allowed in the first conditional use granted in 1991• commissioner Saunders moved, seconded by Commissioner Norris and that Petition CU -94 -12 be approved, thereby carriedisly• adopting Resolution 94-711. SOCK 1 Ji j'O fi''•t Page 54 AGEN��eo ��yK2�$ 2009 Page 26 of 102 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: AUGUST 11, 1994 RE: PETITION NO: CU- 94 -12; ST. MONICA'S EPISCOPAL CHURCH OWNER /AGENT: Agent: Terrance C. Kepple Bruce Green & Associates, Inc. 3806 Exchange Avenue Naples, Florida 33942 Owner: St. Monica's Episcopal Church 4500 Executive Drive Naples, Florida 33999 REQUESTED ACTION: The petitioner is requesting conditional use 111" of the Estates (E) zoning district for churches and other places of worship. GEOGRAPHIC LOCATION: The subject property is located on the south side of - Immokalee Road, approximately k mile east of Oaks Boulevard, in Section 29, Township 48 South, Range 26 East consisting of 5 acres (see attached location map). PURPOSE /DESCRIPTION OF PROJECT: A conditional use was granted for this site in 1991. The church is under construction and the first phase will be completed this fall. St. Monica's long range plan is for a 500 seat church as opposed to the 300 approved in 1991. Therefore, this proposed conditional use is to allow for an expansion of 200 seats, additional parking, maintenance building, cookout pavillion and a care takers residence in addition to the already approved accessory uses (day school, administration/ education building and columbarium) which will be future phases as shown on the Master Plan. ASE DA T l No. J\ SEP 2 7 1994 -1_ pg. Q � O O ;= N Q 7 = ul .LM ` K O q5 t O R Room soon r �► ♦� /I��i ''iii � PIP lit oil y � w u OVOtl NQLti'.MM11 €� i �� �� V 'a � g El 7 = ul .LM ` n i&6 Va K O q5 t O R VyNS$TCN FrOM y � w u OVOtl NQLti'.MM11 €� V 'a g El s— Z a C w O 3Y asz Z Q U3aNtlralFl -{ ma n i&6 Va cw�r»e NY,b'i s Gvw NO:.TYMA CL Q I q5 t R VyNS$TCN FrOM qg OVOtl NQLti'.MM11 €� cw�r»e NY,b'i s Gvw NO:.TYMA CL Q I $d CD 0 V661 L 9 d3S pN �.��, 3T4Tq)ca Z � c� ot4 LIV c3 E t I I t I I I I I I 1 tl i� j I t tl I n. t f I I I N I III f 1 � I tli I�I i t I I!' 11 I ! I I 3 � s � I ➢j i Iii � u 1 3 ` I � I i `�' ► � � • � i I I � r i i R� '=o �. III-if I ! Agenda Item No. 7A July 28, 2009 Page 29 of 102 .— SURROUNDING LAND USE AND ZONING: Existing: Estates zoning with a church under construction (St. Monica's First Phase). Surrounding: North - And across Immokalee Road, partially developed residential PUD (Longshore Lake PUD). East - Undeveloped Estates zoning. South - And across 24th Avenue N.W., Estates zoning with 3 existing single family homes. West - Developed Estates zoning with an existing fire station. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use Element - This proposed conditional use is for an expansion to an existing church, in the Estates land use district, of the Golden Gate Area Future Land Use Sub-Element, of the Growth Management Plan. The Estates designation allows for limited opportunities of other land uses than the low density semi-rural residential, it also allows for various types of conditional uses. However, the locations of those uses are limited through certain criteria. This proposed conditional use is an expansion to an already approved conditional use that met all the transitional conditional use criteria. Therefore, the proposed church expansion is consistent with the Golden Gate Area Master Plan. Traffic Circulation Element - Staff has reviewed the applicant's traffic impact statement (TIS) and has determined that the project's generated trips are approximately 300 trips on a Sunday. The site generated trips does not exceed the significance test standard (5 percent of the Level of Service LOS IICII design capacity) on Immokalee Road, In addition, the site generated trips will not lower the Los below the adopted LOS I'D" Standard, for any segment within the project's Radius of Development Influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE classifies Immokalee Road as a 2 lane arterial road. This segment fronting the project has a traffic count of 11,078 and is currently operating at LOS "A". Therefore, this petition is consistent with Policy 1.3 of the TCE. The on-site traffic circulation reduces the possible vehicle proposed changes. Therefore, 7.3 of the TCE. appears to be designed in a manner that and pedestrian conflicts including the this petition is consistent with Policy AGENDAlT No. SEP 2 7 1994 1 -1 Pg. __7__ Agenda Item No. 7A July 28. 2009 Page 30 of 102 HISTORICIARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical /Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE• The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Transportation Services Division staff and administrative review and approval on behalf of the EAB by the Community Development Environmental and Engineering staff. These reviews assisted staff in preparing and recommending appropriate stipulations /conditions for approval. CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. a. consistency with this code and Growth Management Plan. Pro: 1. This proposed conditional use for an expansion for a church in the Estates zoning district is consistent with the Golden Gate Area Master Plan. 2. The approval of this conditional use will provide an 80 foot of natural vegetated landscape buffer on the entire east side of the subject property to remain undeveloped in perpetuity. Con: None. Summary Conclusion (Fi.ndingss )-: This petition is deemed consistent with the Golden Gate Area Master Plan. Staff with jurisdictional responsibility to evaluate consistency with the Growth Management Plan, advise that this conditional use for a church expansion, in the Estates zoning district, at this location, is consistent with the Golden Gate Area Master Plan. Other consistency elements, and code requirements are addressed by the design of the conditional use master plan, and by conditions to be imposed. -3- AGENDA No. SEP 2 7 1994 . pg. P__ Agenda Item No. 7A July 28, 2009 Page 31 of 102 b. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: 1. Ingress/egress to the proposed petition is via Immokalee Road with the exception of the caretakers residence which will have its access from 24th Avenue Northwest. 2. The petitioner shall provide left and right turn lanes on Immokalee Road at the project entrance. The petitioner shall also be responsible for the cost of all intersection improvements necessary to serve the site should a median opening be permitted upon the four laning of Immokalee Road. 3. The petitioner shall provide fifty feet of additional road right-of-way along the south side of Immokalee Road. Con: 1. The proposed expansion for the additional 200 seats will increase the traffic generation on Immokalee Road. Summary -Conclusion (Findings): All ingress and egress to the proposed site is designed to utilize Immokalee Road as is currently approved for the existing conditional use, with the exception of the caretakers residence which access will be via 24th Avenue Northwest. The petitioner shall provide fifty feet of additional road right -of -way along the south side of Immokalee Road at the project entrance. Should a median opening be permitted upon the four laving of Immokalee Road, the petitioner shall be responsible for the coast of all intersection improvements necessary to serve the site. However, the increase in traffic generation may substantially be mitigated' by the petitioner with these specific conditions of approval. C. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: 1. The effect of this conditional use expansion on neighboring properties in relation to noise, glare, economic or odor, will not be significantly greater than the impacts of the originally approved Conditional Use. The effect of the proposed future caretakers residence, shall be no different than any other single family residence along 24th Avenue Southwest. Con: 1. Obviously, it can be argued that the expansion of this previously approved conditional use, will potentially have a greater impact on neighboring properties in relation to noise and glare. AGE =DAT17 141 SEP 2 7 1994 -4- Pg. _9' Agenda Item No. 7A July 28, 2009 Page 32 of 102 summary Conclusion (Findings): The proposed conditional use of the church expansion, considering the conditions of approval contained in the Resolution of Adoption and the standard LDC requirements, should have minimal effects on neighboring properties in relation to noise, glare, economic or odor. As previously stated, in 1991 a conditional use was approved and substantial construction of the facilities has been completed. d. Compatibility with adjacent properties and other property in the district. Pro: 1. The approval of this conditional use expansion will not result in less compatibility than the orignally approved conditional use. Con: 1. A church will generate greater amount of traffic and associated impacts than the usual permitted single family home. summary Conclusion (Findings): This conditional use request is for an expansion to a previously approved church with related facilities. Adjacent properties include a fire station and single family homes. Given the size of the lot, and the conditions of approval, including the normal restrictions on development contained in the LDC, this expansion will not be any less compatible than the previously approved conditional use in 1991. This conditional use extension meets the transitional conditional use criteria of the Golden Gate Area Master Plan. The subject site is 5 acres and is adjacent to a fire station and several estates lots with an average size of 2.5 acres. A 515 foot landscape buffer is provided on the south side, adjacent to 24th Avenue N.W. and an 80 foot natural vegetated landscape buffer is provided on the east side which will remain undeveloped in perpetuity. The fire station and the proposed buffers provide an adequate transition between the proposed church expansion and the adjacent residential properties thereby- making the church more compatible. Furthermore, churches are traditionally deemed compatible with residential uses. Therefore, this proposed expansion to an existing church at this location is deemed compatible with adjacent properties and consistent with the Golden Gate Area Master Plan. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU -94 -12 to the Board of Zoning Appeals with a recommendation for approval subject to the stipulations incorporated into the Resolution of Adoption. AGE r AD M �A No. -U ND SEP 2 7 1994 -5- Pg. _.�`! Agenda Item No. 7A July 28, 2009 Page 33 of 102 PREPARED BY: SAM 3 ADLH- DATE PROJECT PLANNER REVIEWED BY: ton 0 / ZZ /t7C/ ROBERT J. MULHERE, AICP bj�TE ACTING CURRENT PLANNING,MANAGER 27 z t DONALD W. ARNOLD, A%CP / DATE ACTING SITE D OPE T REVIEW DIRECTOR RICHARD R. CLARK DATE COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR Petition Number: CU -94 -12 Staff Report for September 1, 1994 CCPC meeting. NOTE: This Petition has been advertised for the September 27, 1994 BCC meeting. COLL COUNTY PLANNI G CO ISSION: s MICHAEL A. DAVIS, CHAIRMAN CU -94 -12 STAFF REPORT /md AGE M)No. SEP 2'1994 Pg. !7 1 ' Agenda Item No. 7A July 28, 2009 Page 34 of 102 MEMORANDUM TO: Sam Saadeh FROM: Michelle Edwards Arnold alller4 DATE: June 28, 1994 SUBJECT: Golden Gate Area Master Plan Future Land Use Element Consistency Review for St. Monica's Episcopal Church - Conditional Use Request for a Church Expansion PETITION NUMBER: CU -94 -12 PETITION NAME: St. Monica's Episcopal Church REQUEST: Consistency determination for a conditional use to permit a church expansion in the Estate Land Use District of the Golden Gate Area Future Land Use Sub - Element of the Growth Management Plan. LOCATION: The subject site is located on the south side of Immokalee Road in Section 29, Township 48 south, Range 26 east, one mile east of Interstate -75. LONG RANGE COMMENTS: The proposed church expansion is located within an area designated Golden Gate Estates in the Golden Gate Area Master Plan Sub - Element (GGAMP) of the Growth Management Plan (GNP). The Estates Designation is characterized by low density semi -rural residential lots with limited opportunities for other land uses. Various types of conditional uses are permitted in the Estates designated area, however, the locations of those uses are limited through certain criteria. In the case of the proposed request, new churches are only permitted under two circumstances: 1) in locations of inRl between two developed conditional uses; or 2) adjacent to developed or zoned commercial. Expansions to churches may be permitted provided the expansion is within the property boundaries of the original conditional use approval for church. Expansions of churches beyond the original conditional use property boundaries may only 1 Agenda Item No. 7A July 28, 2009 Page 35 of 102 be permitted if the added property meets the locational criteria for new conditional uses. The provision for expansion of existing Conditional Uses is clarified in interpretation GP -37 -1 found in the Long Rang Planning Department. In summary, the proposed church expansion to add parking on the original conditional use site is consistent with the Golden Gate Area Master Plan. PREPARED BY: Michelle Edwards Arnold cc: Barbara A. Cacchione, Chief of Long Range Planning Robert Mulhere, Acting Current Planning Manager N COLLI MOT—* (2899) ITEM Agenda Item No. 7, July 28, 200 Page 36 of 10 SEFJ'ZM0m1% --- PLANNING COMMISSION lied gotner, Mr. Quinnell replied to the In response to Mr. change that this use will fotheepreviousause. street in will Mr. Mulhere stated that upgraded landscaping be required. jested that the petitioner not install Ms. Layne sugg landscaping until alter the 6'1an ng. ill not be Mulhere stated that the landscaping w Mr. taken for the G- laning. in the area to be Chairman Davis closed the public hearing - Made by Mr- Thomas to recommend approval of ct to Staff stipulations. Petition CO -94-8 subje Seconded by Mr. York. Carried: g ,,Vetition CU -94 -i2 Green & Associates, FILED By/FOR• REING-: Terrance L. Kepple of Bruce scopa]. Church Mots Epi St. Monica representing district Conditional Use "1`� of "E" Estates zoning expansion on property located an the a roximately % mile for church south side of ImmokaineSect�ion 29, Township 48 east of Oaks Blvd., consisting of 5 acres. South, Range 26 Terrance L. Kepple REPRESENTED aY: Conditional Use for planner Saadeh stated that 3.991. He said that COMMENTS: E--NTS this property was granted explained the church is under s�eds�histk'alland the is to allow phase will be comp a Conditional Use arking, that this request for additional p for an expansion of 200 seats, Pavilion and a care maintenance building Cookout takers residence' in addition to the already approved accessory uses. Mr. Saadeh stated tort against lhisop race i edhHe any correspondence for that said that it is Staff's recant a recd CCPC forward this petition with ulationselisted in for approval subject to the stip page 10 COLLIER - - - ----- _____ MOTION_ Agenda Item No. 7A July 28, 2009 Page 37 of 102 P the resolution. He noted that stipulation "PIi -- should be deleted because the petitioner has already complied with the condition. He commented that stipulation "O" should have the words necessary" added to the end of the sentence "ag Terrance L. Kepple, representing the petitioner, stated that the petitioner agrees with the amended Stipulations as indicated by Mr. Saadeh. He Pointed out that he desired to have language added to stipulation "b" to allow the 50' buffer area, in front of the caretakers residence, to be maintained as a lawn. Ms• Layne pointed out that the Fire Department encourages keeping underbrush away from residences. Mr. Thomas moved to recommend approval, of CU -94-12 with the following amendments to pulations: "D" - Adding language "except in front of takers residence" to the end of the last 'IF"- Delete "C" - Adding language "as Petition the sti- the care - sentence. the last sentence. necessary" to the end of Seconded by Ms. Layne. Carried: 8/0. (3330) ITEM: Addenda to the Agenda COMMEIITTS CO -E -TS . Mr. Mulhere presenters information to the CCPC In regard to the LDC workshop meeting. He said that this is a draft copy of the LDC amendments. Mr. Mulhere reported that as of September 1.5, Stan Litsinger, Growth Management Chief, 1994, presenting Growth Management Plan amendments be Assistant County Attorney Student indicated that she will review the Access Management Plan with Staff before the workshop meeting,. In response to Mr. Davis, Mr. Mulhere clarified that on September 15, 1994, the regular agenda will contain three items, then a Growth Management Plan workshop will be conducted, followed by a LDC amendment workshop, page 11 Agenda Item No. 7A July 28, 2009 Page 38 of 102 RESOLUTION 94- 711 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "1" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 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. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of conditional Use "1" of Section 2.2.3.3 in an "E" Estates zone for church expansion on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development code for the Collier County Planning Commission; and WHEREAS, 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: -1- Agenda Item No. 7A July 28, 2009 Page 39 of 102 The petition filed by Terrance L. Kepple of Bruce Green and Associates, representing St. Monica's Episcopal Church, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates zoning district for church expansion in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: a. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91 -102). b. The entire east 80 feet of Tract 131 shall remain undeveloped in perpetuity as a natural vegetated landscape buffer as shown on the Master Plan. C. U. S. Army Corps of Engineers General Permit SAJ -48 for this area applies only to residential structures. An individual permit shall be submitted for Final SDP Approval if required. d. The petitioner shall retain at least a fifty -five (55) foot wide naturally vegetated buffer along the southern property line, except in front of the caretaker's residence the developer shall be allowed to clear the underbrush starting at the west boundary of the 80 -foot buffer and proceeding 100 feet in a westerly direction. e. The developer shall provide left and right turn lanes on Immokalee Road at the Project entrance. Should a median opening be required upon the four - laning of Immokalee road, the developer shall be responsible for the cost of all intersection improvements necessary to serve the site. f. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. g. The road impact fee shall be as set forth in ordinance 85 -55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. -2- BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Saunders offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Norris and upon roll call, the vote was: AYES: Commissioner Saunders, Commissioner Norris, Commissioner volpe, Commissioner Matthews, and Commissioner Constantine NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 27th day of September , 1994. BOARD OF ZO NG APPEALS COLLIER j TY, FLORIDA BY: /` TI O CON TINE, CHAIRMAN ATTEST: ' DWIGHT E. BROCK, CLERK AP ROVED AS TO`FORM AND LEGAL , SUFFI C I ENC��Y��: MARJOaIE M. STUDENT ASSISTANT COUNTY ATTORNEY CU -94 -12 RESOLUTION /12132 -3- Agenda Item No. 7A July 28, 2009 Page 40 of 102 Agenda Item No. 7A July 28, 2009 Page 41 of 102 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -94- The following facts are found: 1. Section 2.2.3.3.1 of the Land Devlopment Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Ian: Yes No B. Ingress and egress to property and proposed ._structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres egress Yes- No C. Affects eighboring properties in relation to noise glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use .ithin district Yes _�_ No Based on the above findings, this conditional us should, with stipulations, (copy attached) (should not) b recommended for approval DATE' CHAIRMAN , FINDING OF FACT CHAIRMAN /md Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -94 -12 The following facts are found: 1. Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect-other property or uses in the same district or neighborhood because of: A. Consistency with the Land evelopment Code and Growth Management Plan: Yes No B. Ingress and egress to prcperty and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingre& egress Yes No C. Affects eighboring properties in relation to nois , glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this con anal use should, with stipulations, (copy attached) should--)not) be recommended for approval DATE: f y MEMBER: FINDING OF FACT MEMBER /md Agenda Item No. 7A July 28, 2009 Page 42 of 102 Agenda Item No. 7A July 28, 2009 Page 43 of 102 Tract 130, 131, and the East 165 feet of Tract 111, Golden Gate Estates, Unit No. 97 less the North. 50 feet of Tracts 130, 131 and the East 165 feet of Tract 111, Less the East 80 feet of Tract 131, as recorded in Plat Hook 7, Pages 95 and 96, of the Public Records of Collier County, Florida. Exhibit "H" C F 3 Y N n v 0 F 1 1 � _t I 1 I $ t I 1 I i m ' w a ' , m � f m Islas m [ I I I I 1 1 I i i I k Exhibit -c- Agenda Item No. 7A July 28, 2009 Page 44 of 102 1 ii c ; {• ` =Lq �. 5�= '3 1 1 � _t I 1 I $ t I 1 I i m ' w a ' , m � f m Islas m [ I I I I 1 1 I i i I k Exhibit -c- Agenda Item No. 7A July 28, 2009 Page 44 of 102 O T� V O - N •-Ir N >, a) 5 0) ' CL C Q aN U � a� Q 8 ObVA31WS SS36dA0 3010 15tl3 AtlM 3JOH50NOl m p m N N " R Z _ - a - cl) � R 4 O °m° _� m i Dabnainoe aamoD use aD wary 33w W R Qi N e w Iz -1� a LAP - W E 21bWlnd W E CL 0 - i F' 2 000anaanri w O 52O U T— . 1ON / 7 NNW 2 v Z Z 0 N oll Z 0 U 0 J rl- Q Q) O O CV U x Z O F F W CL 8 °m° _� m i Dabnainoe aamoD use aD wary 33w ,� N e LAP - i F' 2 000anaanri w O 52O U 1i i g lz Z av d & DarA3lnDa Nb DOI 4 � —Nu NRN S[ 31r15a31N1 € amp S[-31r15a31N1 aeuNrop + nm spoow ss3aau n � � Iz aW 4�V�NG,+`TON ROAD B j Yi' "G� HItlO) S O stlrn bNa3l1p3w Nb3n3d '� 2 v Z Z 0 N oll Z 0 U 0 J rl- Q Q) O O CV U x Z O F F W CL COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 6968 Agenda Item No. 7A 2800 NORTH HORSESI � 09 NAPLES, FLORIDA 341ge of 02 {239) 403 -2400 FAX {43 9j 643- • PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff DATE PROCESSED ASSIGNED PLANNER A80VE TO HE COMPLETED 8Y5TAFF gs �._ _ _. _c_ ..._�.5 s4'so..�ct•�,..� .rte a,.z noa �'. NAME OF APPLICANT(S) ST. MONICA'S EPISCOPAL CHURCH INC. ADDRESS 7070 IMMOKALEE ROAD CITY NAPLES STATE FL ZIP 34119 TELEPHONE # E -MAIL ADDRESS: CELL # AX # NAME OF AGENT HEIDI K. WILLIAMS, AICP FIRM Q. GRADY MINOR & ASSOCIATES P.A. ADDRESS 3800 VIA DEL REY CITY NAPLES STATE FL ZIP 34134 TELEPHONE # 239-947-1144 CELL # E -MAIL ADDRESS: HWILLIAMSOGRADYMINOR.COM FAX # 239 - 947 -0375 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U5E - 4174103, rev 5/20/2005, rev 2/12108, rev. 7114.08 Agenda Item No. 7A July 28, 2009 Page 47 of 102 x54 Pi" Complete the following for all Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/­lndex.aspx?paqe=774 NAME OF HOMEOWNER ASSOCIATION: GOLDEN GATE ESTATES AREA CIVIC ASSOC. MAILING ADDRESS P.O. BOX 990596 CITY NAPLES STATE FL ZIP 34116 NAME OF HOMEOWNER ASSOCIATION: OAKES ESTATES ADVISORY INC MAILING ADDRESS P.O. BOX 111046 CITY NAPLES STATE FL ZIP 34108 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS �- NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY CITY STATE — ZIP. STATE T ZIP t i�' .['y- , fx `r�, ,,, _ t �.- �". .`. �,, „ u i �s .a �1 �' - G+�' ..45 aif s lR`t R a 4`e ,� :Es.<� - ,.,:.; -�,n. '�j �'S �Sa '^. r < z(� '? u `d7 �`p' s ` � }� wr' 7 i -7'2v� i f S 'C r ..dw -I a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such Interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4114103, rev 512012005, rev 2/12/08, rev. 7174.08 b. If the property is owned by a CORPORATION, list theApaieem WtA stockholders and the percentage of stock owned by each. July 28, 2009 Page 48 of 102 Name and Address Percentage of Ownership St. Monica's Episcopal Church, Inc. 100% 7070 Immokalee Road Naples, FL 34119 * The 2008 Not -for Profit Corporation Annual Report is attached with names of officers. C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 512012005, rev 2/12/08, rev. 7114.08 Agenda Item No. 7A e. If there is a CONTRACT FOR PURCHASE, with an individual or in�ii e,'102 a Corporation, Trustee, or a Partnership, list the names of the coon tact purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ® 10/1992, 711993 leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. APPL ICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4114103, rev 512012005, rev 2112108, rev. 7/14.08 Agenda Item 0 Mm_ F7.,..�.� d M112- C''C" E_ �y;,,':' `°sez:.ti..se.� 'tt Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four .(4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 29 / 48 / 26 Lot: Block: Subdivision: Golden Gate Estates Unit 97 Plat Book 7 Page #: 95 -96 Property I.D. #: 41938000005 41939520005 41939480006 Metes & Bounds Description: See attached legal description SIZE OF PROPERTY: ft. X ft. = Total Sq. Ft. Acres 6.09 +/- ADDRESS /GENERAL LOCATION OF SUBJECT PROPERTY: 7070 h=okalee Road - The subject property is located on the south side of I nmokalee Road, west of the Loran Boulevard Extension. Zoning Land use N ROW. PUD Immokalee Road, residential (Longshore Lakes) S E Autumn Oaks Lane, residential (Estates) E E Vacant W E North Naples Fire Station Does the owner of the subject property own property contiguous to the subject property? NO If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Section/Township /Range _/_/ Lot: Block: Subdivision: Plat Book Page #: Metes & Bounds Description: Property I.D. #: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 4174103, rev 512012005, rev 2112108, rev. 7114.08 Agenda Item No. 7A July 28, 2009 Page 51 of 102 Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the Estates zoning district for a private school and/or day care related to the existing religious facility (type of use). Present Use of the Property: The subject property is currently used as a religious facility, which was approved by Resolution 94-711 and previous provisional uses. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Please see the attached narrative statement for responses to the LDC criteria. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: APPLICATION FOR PUBLIC HEARING FOR CONVITIONAL M- 4114103, rev 5/20/2005, rev 2/12/08, rev. 7114.08 c. Describe the effect the conditional use will have on neighboring propgvbilzislti�w No. 7A relation to noise, glare, economic impact and odor: July 28, 2009 Page 52 of 102 d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may yvish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No public petitions have been heard in the last year. Official Interpretations or Zoning_ Verifications: To your knowledge, has there been an official interpretation or zoing verification rendered on this property within the last year? ❑ Yes ® No If so, please provide copies. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre - application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8%2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPQ • all existing and proposed structures and the dimensions thereof, APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4114103, rev 512012005, rev 2172108, rev. 7114.08 • provisions for existing and/or proposed ingress and egresA44rvdadwn4D. 7A pedestrian ingress and egress to the site and the structure(s) 900 2102 of 102 • all existing and /or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], locations of solid waste (refuse) containers and service function areas, • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and /or existing landscaping and buffering as may be required by the County, • location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8.-'of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and /or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); m. f. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 1 0.03.05.6.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. APPLICATION FOR PUBLIC HFARING FOR CONQITIONAL USE- 4114103, rev 512012005, rev 2112108, rev. 7114.08 ,. �4... -v n.�;3%s; asi, n...w %rto.�"''s.a;x''£,�ai,. ... Eo. ;..;o,�e ,a p;.,_ ,o......�,.F <.a._. :.:±✓..: ..,..� .? _. %ii,. -.,F. .3 ti: ?. i 4; A July 28, 2009 Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at i expense 2 shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Collier County Zoning Department, within 15 days of recording of said Memorandum or Notice. APPLIC4 TION FOR PUBLIC HEARING FOR CONDITIONAL USE -4114103, rev 512012005, rev 2112108, rev. 7 114.08 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUBMITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF COPIES REQUIRED NOT REQUIRED STANDARD REQUIREMENTS Cover letter briefly explaining the project 20 Application (completed & signed) (download from website for current form) 20 * Additional set if located in the Bays h ore/G ateway Triangle Re-Development Area 1 ❑ Addressing Checklist signed by Addressing I Pre-Application meeting notes 20 ❑ Conceptual Site Plan 24" X 36" plus one 8 Y2 11 copy) 20 z ❑ Copies of Warranty Deed(s) 2 Completed Owner/Agent Affidavits, Notarized 1 Environmental Impact Statement (EIS), and digital/electronic copy of EIS or exemption justification 3 ❑ Aerial Photographs (taken within the previous 12 months) min. scaled 1"=200'), showing FLUCCS Codes, Legend, and project boundary 5 Statement of utility provisions (with all required attachments & sketches) 1 Impact Statement (TIS), or waiver 7 -Traffic Historical and Archeological Survey, or waiver 4 ❑ Copies of State and/or Federal Permits ❑ Architectural Rendering of Proposed Structure(s) 4 Electronic copy of all documents and plans (CDROM or Diskette) I ❑ Boundary Survey 2 ❑ ? EDC "Fast Track" must submit approved copy of official application ? Affordable Housing "Expedited must submit copy of signed Certificate of Agreement 2 ❑ APPLICATION FOR PUBLIC HEARING FOR CONOITIONAL USE -4174103, rev 512012005, rev 2172108, rev. 7174.08 2008 NOT - FOR - PROFIT CORPORATION ANNUAL REPORT DOCUMENT# N93000004569 Entity Name: ST. MONICA'S EPISCOPAL CHURCH, INC. Current Principal Place of Business: 7070 IMMOKALEE RD NAPLES, FL 341198845 US Current Mailing Address: 7070 IMMOKALEE RD NAPLES, FL 339998907 US FEI Number: 65- 0295252 FEI Number Applied For ( ) Name and Address of Current Registered Agent: SCHILLREFF, KATHRYN M REV. 7070 IMMOKALA ROAD NAPLES, FL 34119 US Agenda Item No. 7A FILED July 28, 2009 Apr 30, 2008Page 56 of 102 Secretary of State New Principal Place of Business: New Mailing Address: 7070 IMMOKALEE RD NAPLES, FL 341198845 US FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: ADDITIONS /CHANGES TO OFFICERS AND DIRECTORS: Title: D ( ) Delete Title: ( ) Change ( ) Addition Name: BODINSKI, BONNIE Name: Address: 3225 5TH AVENUE NW Address: City -St -Zip: NAPLES, FL 34120 City -St -Zip: Title: D ( ) Delete Title: ( ) Change ( ) Addition Name: BAKER,SUE Name: Address: 5781 GOLDEN OAKS LN Address: City -St -Zip: NAPLES, FL 34119 City -St -Zip: Title: D ( ) Delete Title: D (X) Change ( ) Addition Name: RICHARDS, WILLIAM Name: SMITH, BETSY Address: 2780 12TH AVE NE Address: 8598 IBIS COVE CIRCLE City -St -Zip: NAPLES, FL 3020 20 City -St -Zip: NAPLES, FL 34119 Title: D ( ) Delete Title: D (X) Change {) Addition Name: ROSSOMANDO, COLLEEN Name: MCCAMPBELL, MICHAEL Address: 4641 FIFTH AVE NW Address: 1880 CRESTVIEW WAY City -St -Zip: NAPLES, FL 34119 City -St -Zip: NAPLES, FL 34119 Title: D ( ) Delete Title: O Change ( )Addition Name: DEARBORN, PATRICK Name: Address: 141B KING SAGO CT Address: City -St- Zip: NAPLES, FL 341119 City-St -Zip: Title: D ( ) Delete Title: ( ) Change ( ) Addition Name: MiSENER, CHRISTINE Name: Address: 4652 RIO POCO CT Address: City -St -Zip: NAPLES, FL 34109 City-St-Zip: I hereby certify that the information supplied with this fling does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. SIGNATURE: BONNIE BODINSKI D 04/30/2008 Electronic Signature of Signing Officer or Director Date Agenda Item No. 7A July 28, 2009 Page 57 of 102 St. Monica's Episcopal Church Conditional Use Narrative Statement The subject property is located on the south side of Immokalee Road, west of the newly completed Logan Boulevard Extension. The site is approximately 6.09 +I- acres and has been developed with a religious facility for many years. The site is within the Golden Gate Estates Master Plan and is zoned Estates. Conditional Use (CU) requests are limited within the Master Plan, but the property has already been granted a provisional use and then a CU in 1994. Resolution 94 -711 permitted the existing church and approved the conceptual plan which guided the development of the property. The proposed new Conditional Use would supplement the previously approved uses by adding a private school for voluntary pre - Kindergarten through 12th Grade, an after - school program and a day care facility. The church was recently granted an amendment to their Site Development Plan to expand to the east according to the 1994 conceptual plan. If this new request is approved, the existing building will be used for either a private school or a day care. Zoning Staff Requested Information In addition to the LDC requirements, staff has requested additional information on the proposed uses. Some of the uses described here are already permitted and in operation due to the previously approved Conditional Use (Res. 94 -711), which approved "church expansion ". Since this is not very specific, we are requesting that the current petition be granted to be inclusive of all previously approved activities. Hours of operation: St. Monica's Episcopal Church is a complete community service congregation. The property is used for religious services on Saturday evening and on Sunday, but also has a church office that is open Monday through Friday from 8:30am to 4:30pm. Various Church ministries use the facility from 7:00pm to 9:00pm Monday through Thursday. The proposed private school with after - school program, or daycare would not add a significant number of additional hours to the use. The proposed uses could start about an hour earlier during the week than current uses and after- school programs would fill the gap between church office hours and Church ministry functions. 2. Days of operation: The church and related uses are in operation seven days per week. 3. Number of seats in the sanctuary: The church sanctuary currently seats 175 people. The church expansion approved by SDPA - 2008 -AR -13077 will provide seating for 275 people. 4. Total number of members /users: St. Monica's Episcopal Church has a current membership of approximately 500 congregants. The private school is anticipated to open in August 2009 with approximately 15 -20 students and will expand each year until the capacity of 100 students is reached. If the site is converted to day care use, the total number of students would be lower due to the space requirements per child. . Narrative Statement, revised 4 -27 -09 SMCU Agenda Item No. 7A July 28, 2009 Page 58 of 102 5. Total number of different groups using the site: The Church has one congregation that uses the facility. Approximately six related ministry groups use the site in the evening for community service activities. The private school or daycare would be one additional user of the property. 6. Location, square footage and proposed use for each structure on site: As shown on the conceptual plan and the approved Site Development Plans, the property has been developed in phases. The total anticipated square footage of existing structures and future structures is approximately 28,700 square feet. A small chapel, caretakers' residence and connecting building are shown on the conceptual plan and are included in the total square footage. 7. Number of meetings and days and times: The meetings and times are described in items one and five, above. 8. Identify all principal and accessory uses to occur on site: The principal use of the property is, and will remain, religious service. The existing church has an administrative office, community ministries and Sunday school classes. The expanded services include a private school with after school program or day care services. 9. Any planned special events: The church currently hosts special holiday services throughout the year as the holidays occur. They also hold a pumpkin sale fundraiser each fall. 10. Maximum building height: The maximum height, per the Land Development Code, is 30 feet in the Estates zoning district. The property is not subject to any variances from this requirement. This height refers to the "zoned" height, which measures from the first finished floor to the mid - line of the roof. The "actual" height will be approximately 44 feet. The actual height measures from the crown of the adjacent road to the peak of the roof. 11. Complete trip generation information: A complete Traffic Impact Statement has been included for staff's review. Conditional Use Criteria — LDC Section 10.08.00 1. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element); The subject property is designated Estates on the Collier County Future Land Use Map of the Comprehensive Plan. The Golden Gate Area Master Plan controls development within the area. The property is within the Residential Estates Subdistrict on the Golden Gate Area Future Land Use Map and is also within the Conditional Use Subdistrict given the approved existing church. The applicant seeks to expand the previously approved uses on the site which requires another Conditional Use hearing according to LDC Section 10.08.00.J. Specific compatibility issues are discussed below. Narrative Statement, revised 4 -27 -09 sMCU Agenda Item No. 7A July 28, 2009 Page 59 of 102 The Future Land Use Element contains several policies regarding the implementation of the Community Character Plan. The proposed Conditional Use is consistent with Policy 7.1 because the property access is located on an arterial roadway. Policy 7.2 is not applicable because of the small scale of this project. When the church was originally approved no interconnection with the residential Estates neighborhood to the south was planned. The residents in the area have expressed the desire to restrict any interconnection to Autumn Oaks Lane. Although we have not complied with Policy 7.3, it is at the request of the residents. Policy 7.4 encourages walkable communities. The site is bordered by Immokalee Road, which has pedestrian facilities. The amended SDP indicates sidewalks will be provided as required by County regulations. Policy 5.1 of the Transportation Element requires the traffic impacts to be analyzed for all land use petitions. Policy 5.2 designates any projects with less than one percent impact on a roadway to be considered de minimus. The project has previously been permitted for most of the functions anticipated on the site. The only new impacts are from the school or day care. The TIS was prepared for the conditional use of a K -12 private school having 100 students and also considered the alternate use of a day care facility having 90 children. The TIS established the project's PM Peak Hour road impacts for the land use that will have the greatest impact (i.e. day care with 90 children). Alternately, the private school will have a slightly less impact to the road network. The TIS anticipates only 17 net new peak hour trips on Immokalee Road at project build -out. Therefore, the TIS demonstrates the school or day care will be a de minimus impact and is consistent with the Transportation Element. The Conservation and Coastal Management Element (CCME) of the Growth Management Plan requires the site to preserve 15 percent of the native vegetation on the property. The recently amended SDP reflects the retention of the required vegetation. A conservation easement has been placed over the required preserve. Therefore the proposed Conditional Use is consistent with CCME policy 6.1.1. 2. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; The site is accessible to both eastbound and westbound traffic from six -laned Immokalee Road. The existing entrance will be enhanced by a right turn lane during construction of the new sanctuary building that was recently approved by SDPA-2008-AR- 13 077. The church has a left - turn lane for westbound traffic to access the site in a safe manner as well. The site layout will not be modified significantly due to the proposed school or day care, so the previously- approved automotive and pedestrian facilities should provide adequate, safe accessibility to those who need to gain access to the property. 3. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor; The site was analyzed for potential impacts from noise, glare, economic impact and odor when the original CU was approved. At that time, no negative effects were anticipated. The structures Narrative Statement, revised 4 -27 -09 smcu Agenda Item No. 7A July 28, 2009 Page 60 of 102 on the property will not be different than originally proposed. The buffer requirements will be maintained in accordance with the previous commitments. In fact, a conservation easement was recorded with the recent site plan amendment to protect a large part of that buffer into perpetuity. The new school uses will be contained within the existing buildings. Students may use the playground on the site as well. Any additional noise will be limited to day time and will be buffered by 55 feet of vegetation. Therefore, no negative impacts should be anticipated from approval of this request. 4. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district; The site was previously deemed compatible with surrounding uses when the site was analyzed for church use. The property is bordered on the south by residential uses, but is separated by a large vegetative buffer and by Autumn Oaks Lane. The property to the west is home to a fire station and the property to the east is undeveloped. Immokalee Road and a large canal separate the site from the residential properties within the Longshore Lakes development. With appropriate development standards, such as buffering, the private school or day care can be considered compatible with these surrounding uses. 5. Please provide any additional information which you may feel is relevant to this request. The subject property was developed in the early 1990's for the existing church. The congregation has grown over time and now there is interest in a private school or day care in conjunction with the church. The school intends to open in August, 2009 with only 15 -20 students. Over time the school may grow to up to 100- students. Each year a new class will be added until their capacity is reached. If the school outgrows the space available they will seek to relocate and at that time the church may seek to have a day care for up to 90 students. Narrative Statement, revised 4 -27 -09 SMCU Agenda Item No. 7A July 28, 2009 Page 61 of 102 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 /OR DAY CARE RELATING TO THE EXISTING RELIGIOUS FACILITY WITHIN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.B.I.0 OF TIDE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 28 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, ai 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/or a day care related to the existing religious facility within the Estates (E) Zoning District pursuant to Subsection 2.03.01.B.l.c of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" 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. 1 Agenda Item No. 7A July 28, 2009 Page 62 of 102 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU- 2009 -AR. -14137 filed by Heidi K. Williams, AUCP, of Grady Minor & Associates, P.A.., representing St. Monica's Episcopal Church, Inc, with respect to the property hereinafter described in Exhibit "B ", be and the same is hereby approved for a Conditional Use for a private school and/or day care related to the existing religious facility within the Estates (E) Zoning District pursuant to Subsection 2.03.01.B. 1.c of the Collier County Land Development Code, in accordance With the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "D ". Exhibits "B ", "C" and "D" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super - majority vote, this day of , 2009. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Steven T. Williams s.r,j Assistant County Attorney Exhibits attached: A. B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions 2 Agenda Item No. 7A July 28, 2009 Page 63 of 102 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMAUSSION FOR A CONDITIONAL USE PETITION FOR CU-2009-AR-14137 The following facts are found: L Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes a/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: JNo affect or Affect mitigated b <text> g y Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use "thin district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: Exhibit A Agenda Item No. 7A July 28, 2009 Page 64 of 102 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL., USE PETITION FOR CU- 2009 -AR. -14137 The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of- A. Consistency with the Land Development Code and Growth Management Plan: Yes V No &J 1 L'tgx %U (- 603 B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingresss�& egress Yes t/ No JA)l J,1 P aV /,09 C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or V Affect mitigated by <text> � Ud,..4 7'JU� Affect cannot be mitigated e D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No AJ/ .snPUa,qnoA)s Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. rvr�i7� DATE: % Q � 7Qc Exhibit A Agenda Item No. 7A July 28, 2009 Page 65 of 102 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2009-AR-14137 The following.facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional. use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other properly or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes -�z- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: t!� No affect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes P/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: • 4. iPy C Exhibit A Agenda Item No. 7A July 28, 2009 Page 66 of 102 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 20tA.R4Y49- -i The following facts are found: 1 N/31 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes 't_ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes —k No Based on the above findings, this conditional use should, s (should not) be recommended for approval. DATE: ,)WJiE 15 _7-0r)q Exhibit A MEMBER: attached) Agenda Item No. 7A July 28, 2009 Page 67 of 102 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMT&SSION FOR A CONDITIONAL USE PETITION FOR CU- 2009 -AR.- 14137 The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with he Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes INo C. Affects neighboring properties in relation to noise, glare, economic or odor effects-,., 7, affect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. "71 DATE: `" T Exhibit A Agenda Item No. 7A July 28, 2009 Page 68 of 102 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A. CONDITIONAL USE PETITION FOR CU - -AR- The following facts are found: /y 1 7 I . Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land 77, opment Code and Growth Management Flan: Yes o B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent propert=ies and other property in the district: Compatible use within dis:%No: Yes Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: � 1 Y ' 9 Exhibit A MEMBER: IL47— Agenda Item No. 7A July 28, 2009 Page 69 of 102 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2009 -AR- 14137 The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or V/ Affect mitigated by <text> 10J�-3 Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes �/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE :_ (0 0- o Exhibit A CHAIRMAN: l Agenda Item No. 7A July 28, 2009 Page 70 of 102 FINDING OF FACT BY COLLIER COUNTY PLANNING CO ;rSION FOR A CONDITIONAL USE PETITION FOR eviv — --GU=2t DAR -9499 — /�O The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of- A. Consistency with the Lan7No elopment Code and Growth Management Plan: Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects- 7No affect or Affect mitigated b <ext> g Y Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within distri Yes No ct Based on the above findings, this conditional use should, i (should not) be recommended for approval. DATE: is A MEMBER: 6 Exhibit A attached) Agenda Item No. 7A July 28, 2009 Page 71 of 102 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2009 -AR. -14137 The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes 4.11/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ing7"No egress Yes C. Affects neighboring properties in relation to noise, glare, economic or odor effects: XTo affect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / Based on the above findings, this conditional use should, with stipulations, (should not) be recommended for approval. DATE: 1 �/ C�- 0 7 C' �� Exhibit A Agenda Item No. 7A July 28, 2009 Page 72 of 102 LEGAL DESCRIPTION TRACT 130, TRACT 131 LESS THE EAST SO FEET, AND THE EAST 165 FEET OF TRACT 111, GOLDEN GATE ESTATES, UNIT No. 97 AS RECORDED IN PLAT BOOK 7, PAGES 95 AND 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE NORTH 50 FEET THEREOF FOR ROAD RIGHT -OF -WAY AND THE SOUTH 30 FEET THEREOF THE ABOVE DESCRIBED THREE PARCELS, CONTAINING 4.996 ACRES MORE OR LESS. Exhibit B g� a Z---WANK {I!1 1 I i JWWATSn OiRVLU19wxOI i; � g a . P . ,r as�a a tJO1lYR4OYH�0AR Osva SilNff!'B31YR39 VNbIDL r tl� yk4 B g�+ 9 F oil Agenda Item No. 7A ^ m3 00 P . 3_� 102 2 fi E fi 4p � {•. W Z U h � x L rrY"tit 1-+i Agenda Item No. 7A July 28; 2009 Page 74 of 102 CONDITIONS of APPROVAL CU- 2009 -AR -14137 St. Monica's Episcopal Church 1. No pick -up, drop off or parking shall be allowed on Autumn Oaks Lane for the kindergarten — 12'h grade school or child day care located at St. Monica's Church. 2. The maximum building square footage shall not exceed 28,700 for the site. 3. The structures shall not exceed an actual building height of 44 feet and zoned height of 30 feet. 4. The applicant has agreed to limit the school functions to 5 days a week and agree not to conduct school activities before 7:30 A.M. and no later than 9:00 P.M. 5. The applicant has agreed to phase the enrollment of students by limiting attendance to a maximum. number of 20 new students during the first year of the project, and subsequent years at 20 students per year until the expanded capacity as designed in the current FDOT IROX project at I -75 and Immokalee Road (CR- 846) becomes available. 6. Maximum enrollment for the private school shall be 100 students or 90 students for the weekday child care center. 7. After - school programs are limited to the pre - kindergarten to 12th grade school functions for registered students only. Exhibit D j mb transportation engineering, inc. traffic /transportation engineering & planning TRAFFIC IMPACT STATEMENT FOR ST. MONICA'S EPISCOPAL CHURCH CONDITIONAL USE PERMIT i. K thru 12 PRIVATE SCHOOL (Project No. 0812 11) Revised April 27, 2009 Prepared By: JMB TRANSPORTATION ENGINEERING, INC. 761215 Street NW Naples, Florida 34120 239 - 919 -2767 Jai M. Banks, P.E. R. No. 43860 Agenda Item No. 7A July 28, 2009 Page 75 of 102 4-27-07 Date Agenda Item No. 7A July 28, 2009 Page 76 of 102 TABLE OF CONTENTS ' PURPOSE OF REPORT 2 METHODOLOGY ME ETING 2 SCOPE OF PROJECT 2 PROJECT GENERATED TRAFFIC 3 EXISTING + COMMITTED ROAD NETWORK 4 PROJECT GENERATED TRAFFIC DISTRIBUITION 5 AREA OF SIGNIFICANT IMPACT 6 2009 thru 2014 BUILD -OUT CONDITIONS 7 APPENDIX S 1 Agenda Item No. 7A July 28, 2009 Page 77 of 102 PURPOSE OF REPORT The following Report has been prepared pursuant to the criteria set forth by the Traffic Impact Statement Guidelines for Conditional Use Permit applications as adopted by the Collier County Government. More specifically, this Report examines the potential transportation related impacts which may occur as a result of obtaining a Conditional Use .Permit for a K thru 12 private school or a day care facility. The development plans for the St. Monica's Episcopal Church Conditional Use Permit have been prepared by Q. Grady Minor & Associates, PA. This Report is a supplement to the project's application as submitted by Q. Grady Minor. METHODOLOGY MEETING Prior to preparing the project's Traffic Impact Statement, a methodology meeting was conducted at the office of Collier County's Transportation Department. Attendees of this meeting were the Applicant's representatives (Mr. James M. Banks & Ms. Heidi Williams) and Collier County Government's representatives (Mr. John Podczerwinsky and Mr. Michael Greene). Copies of the agreed upon methodology have been provided in the Report's appendix. SCOPE OF PROJECT The project (referred to as St. Monica's Episcopal Church Conditional Use Permit) is an existing church use that is proposing to provide K thru 12 private school services or as an alternate a day care facility. The school will have a maximum of 100 students or as an alternative the day care facility will have a maximum 90 students. The church is approved for a maximum of 28,700 square feet of building space (17,658 of the 28,700 square feet is planned to be constructed within the near future). The school or day care will occupy approximately 11,042 square feet of the allowed building space. Maximum student/day care attendance is expected to increase at a rate of 20 students per year beginning in the year 2009 and reaching full capacity by the year 2014. The subject property is located at 7070 Immokalee Road, Naples Florida, which is contiguous to the south side of Immokalee Road and to the west of Logan Boulevard (Refer to Figure 1- Location Map/Roadway Classification). The property has direct access to bnmokalee Road. The access is a directional left turn median opening on Immokalee Road. 2 Agenda Item No. 7A July 28; 2009 Page 78 of 102 PROJECT GENERATED TRAFFIC Traffic which can be expected to be generated by the project has been estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual. That is, historical traffic data collected at similar type developments was relied upon in estimating the project's traffic. It was concluded that (for the proposed land use) Land Use Code "K -12 Private School" (LUC 536) and (for the existing land use) Land Use Code "Church" (LUC 560) were most appropriate in estimating traffic generations. Note: The school was determined to generate more trips for the AMpeak hour and the day care use would generate more traffic on a daily and PMpeak basis as shown in Table 1 C. Therefore, the greatest impacts associated with either land use were analyzed as part of the Conditional Use Permit application. It was agreed during the Methodology Meeting that the level of service standard for Immokalee Road would be evaluated for PM peak hour conditions. Therefore, PM peak hour trip generations were determined for the day care use. Table I provides a detail of the expected trips generated by the proposed land use less the existing trips generated by the existing land use (see Table 1 B). The following summarizes the results of Table 1A. Net New Project Generated Traffic Daily (ADT) AM Peak (VPH1 PM Peak (VPH) 304 ADT 91 VPH 62 VPH Based upon the results, the Report concludes that the project will generate less than 100 trip ends during the PM peak hour. As such, the Report will investigate the traffic impacts associated with the project based upon the criteria set forth by the Collier County Traffic Impact Statement Guidelines for developments generating "Less Than 100 Trips ". 3 Agenda Item No. 7A July 28, 2009 Page 79 of 102 TABLE 1A Saint Monica's K —12 Private School Net New Trip Generation Computations Land Use Code Land Use Code Description Build -out Schedule LUC 536 or 565 K -12 Private School or Day Care 100 Students or 90 Students LUC 560 Church 17,658 Square Feet DAILY TRAFFIC (ADT) LUC 565 Daily Traffic = T = 4.55(X) -5.64 = 4.55(90) -5.64 = 404 ADT (from Table IC) LUC 560 Daily Traffic = T = 9.11(X) = 9.1 1(17.66) = 161 ADT Less trips from existing land use (see Table 1B) - 261 ADT Total Net New Daily Trips = 304 ADT AM PEAK HOUR TRAFFIC (VPH) LUC 536 AM = T = 0.77(X) +19.92 = 0.77(100) +19.92 = 61 %Enter /39 %Exit = LUC 560 AM Peak Hour = T = 0.56(X) = 0.56(17.66) _ 62 %Enter /38 1/oExit = Less trips from existing land use (see Table 1B) Total Net New AM Trips = 97 vph (from Table IQ 59/38 vph 10 vph 6/4 vph -16 vph -1016 vph 91 vph 55/36 vph PM PEAK HOUR TRAFFIC (VPH) LUC 565 PM = Ln(T)= 0.87Ln(X)+0.32= 0.87Ln(90) +0.32= 47%Enter/5 3 %Exit = LUC 560 PM Peak Hour = T = 0.66(X) = 0.66(17.66) 52 %Enter /48 %Exit = Less trips from existing land use (see Table 1B) Total Net New PM Trips = 69 vph (from Table IQ 32/37 vph 12 vph 6/6 vph -19 vph -10/9 vph 62 vph 28/34 vph TABLE 111 Saint Monica's K —12 Private School Existing Trip Generation Computations Land Use Code Land Use Code Description LUC 560 Church DAILY TRAFFIC (ADT) LUC 560 Daily Traffic = T = 9.11(X) = 9.11(28.7) _ AM PEAK HOUR TRAFFIC (VPH) LUC 560 AM Peak Hour = T = 0.56(X) = 0.56(28.7) _ 62 0/oEnter /38 %Exit = PM PEAK HOUR TRAFFIC (VPH) LUC 560 PM Peak Hour = T = 0.66(X) = 0.66(28.7) _ 52 %Enter 148 %Exit = Agenda Item No. 7A July 28, 2009 Page 80 of 102 Approved/Existing Schedule 28,700 Square Feet 261 ADT 16 vph 10/6 vph 19 vph 10/9 vph Agenda Item No. 7A July 28, 2009 t Page 81 of 102 TABLE IC Saint Monica's K —12 Private School Private School vs. Day Care Trip Generation Comparison Land Use Code Land Use Code Description Build -out Schedule LUC 536 K -12 Private School 100 Students or LUC 565 Day Care Center 90 Students DAILY TRAFFIC (ADT) LUC 536 Daily Traffic = T = 2.48(X) = 2.48(100) = 248 ADT or LUC 565 Daily Traffic = T = 4.55(X) -5.64 = 4.55(90) -5.64 = 404 ADT AM PEAK HOUR TRAFFIC (VPH) LUC 536 AM Peak Hour= T = 0.77(X) +19.92 = 0.77(100) +19.92 = 97 vph or LUC 565 AM Pk Hr Traffic = T= 0.73M +5.24 = 0.73(90) +5.24= 71 vph PM PEAK HOUR TRAFFIC (VPH) LUC 536 PM Peak Hour = T = 0.17(X) = 0.17(100) = 17 vph or LUC 565 PM Pk Hr = Ln(T)= 0.87Ln(X) +0.32 = 0.87Ln(90) +0.32= 69 vph Agenda Item No. 7A July 28, 2009 Page 82 of 102 EXISTING + COMMITTED ROAD NETWORK Figure 1 depicts the E + C road network. There are no significant 5 -year committed roadway improvement projects which are relative to this project. Note: The link of Immokalee Road (Between 1-75 and Logan Boulevard) is currently six - lanes. However, until the improvements to the Immokalee Road @ I -75 Interchange improvements are completed, Collier County DOT considers the roadway capacity to be that of a four -lane facility. Therefore, the Report analyzes the roadway link as a four -lane facility for the year 2009 and then a six -lane facility beginning in 2010. As previously discussed, access to the project will be provided via one directional left median opening on Immokalee Road. h=okalee Road is a six lane divided arterial having a posted speed limit of 45 MPH. Table 2A provides a description of all the roadways within the project's area of impact and their respective level of service performance standards. The project's impact on h=okalee Road (between 1 -75 and Logan Boulevard) has been determined based upon the standards of a four -lane and as a six -lane facility. M Agenda Item No. 7A 09 Page 83 off 02 r, ' NORTH HT-S. I Project Site 1 Immokalee Road e ° a Auk Oaks Lane Autumn M � � m I P in Hidden Oaks Lane o SPoish Oaks Lane m v o Qm 7 t f n o olen Oaks Lon 0 c i of OE Z i i j ED O 1 3 o 1 M � o+ ` 1 8earh Rd s 1 / 'Vanderblit s � j 1 1 1 1 1 t 1 1 1 1 1 1 � 1 1 I C LO n 1 1 1 t 1 1E LEGEND e 6 —LANE DIVIDED ARTERIAL 1 1 4 —ERNE DIVIDED ARTERIAL -- --- - ---- w 2 —LANE ARTERIAL i 2 —LANE COELECTDR/LOCAL 1 1 1 e Saint Monica's School and Daycare PROJECT LOCATION April 27, 2009 & ROADWAY CLASS. FIGURE 1 i� Qm(V 0) ++ n ::, CD C �. m b m a Gs Cs zC6 o a o 0 = z z C N 00 O O C E ULr) 4J >, N Ol �f fn O - � O - J _ J I (D Y N d C V o o o i C' N t6 V Q O d L- V V t0 m d � O1 f(L pVj m O Y O o I E CL E E _ R 0 0 0 rL 4 Cl) o s coo v > t— a� v ti ti ti r` UE r r fl r r d 7 i CL a. > U C O C) N 'W LD LO Lf') LO d O A d o U a C Chi p > O N CA O7 L' CA E M CO CO CO N❑ a N m M m U. o Y o o > a E� N W : W Q uiw w J �U) m to cn o Ea- U W 0 0�1�(0 ao � v v cfl to cfl IL 0) >� m b m a Gs Cs o a o 0 ._.i CO J CO O O C O C ULr) CD Ol �f ti O O - J _ J I Y N d 4 i C' N t6 V O O lY � t0 m d � O1 01 pVj m O Y O o E E CL E E _ Agenda Item No. 7A July 28, 2009 Page 85 of 102 PROJECT GENERATED TRAFFIC DISTRIBUTION . The project's traffic was distributed to the surrounding roadway network based upon logical means of ingress /egress; current and future traffic patterns in the area; competing markets; as well as, growth trends for the surrounding areas. Figure 2A provides a detail of the resultant traffic distributions based on a percentage basis. Figure 2B provides a detail of the site access turning movement volumes for "net new" project traffic conditions. Figure 2C provides a detail of the site access turning movement volumes for net new " +" existing project traffic conditions. Agenda Item No. 7A a c N i 0 IY Q� v 0 0 E E r a N Agenda Item No. 7A Page 87 of 112 AM 36: PM 34 Saint Monica's Site Access TOTAL NET NEW AM PEAK ENTER /EXIT = 55 VPH /36 VPH TOTAL NET NEW PM PEAK ENTER /EXIT = 28 VPH /34 VPH Saint Monica's Private School April .27, 2009 NET NEW PROJECT— GENERATED TRAFFIC DISTRIBUTION FIGURE 28 Agenda Item No. 7A Agenda Item No. 7A July 28, 2009 Page 89 of 102 AREA OF SIGNIFICANT IMPACT The area of significant impact was determined based upon Collier County's 2 %, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2A describes the project traffic distributions and the level of impact on the surrounding roadways. The project's impact on Immokalee Road (between 1 -75 and Logan Boulevard) has been determined based upon the standards of a four -lane and as a six -lane facility. As shown, there were no roadways which were found to be impacted by 2% or greater than its adopted level of service. As such, only Immokalee Road was reviewed for project impacts. N CA N � 0 0 c o 'IO ``E'' O 00 z o z z z z m � � =CD m X00 ,v 00 z a A V CL O o O E C N N N N I � V O _ U E ' ®� m a. >0 CL " o 1- .O o ' 0 0 W lLO to lLO t(') O U �0 a 'i U BOO) cr) m a` a N N N N M m cl) � O ; N U- 0 a 0 o a� NQ ELI = W J Q > c LLI W w w ~ 0 kQ- U w o "Ice 00 a M rn rn CY o II m U m U CL o o > CD o = J m J m O O C O C V (9 K7 cn ro O1 J O X m m a U D ar O (i N U N ~ c0 f0 U N o Y O E O 0 E E E Agenda Item No. 7A July 28, 2009 Page 91 of 102 2009 thru 2014 PROJECT BUILD -OUT CONDITIONS In order to establish 2009 thru 2014 project build -out traffic conditions, traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The 2009 thru 2014 peak season/peak hour /peak direction factor as shown on Table 2B was derived from the 2008 Collier County AUIR Report. The annual growth rate was obtained from the growth trend established in the Mirasol PUDA Traffic Impact Statement dated May 29, 2008, prepared by Vanasse & Daylor LLP. After the correct adjustments were computed, the project generated traffic was then added to the 2009 thru 2014 background traffic. Table 2C summarizes the 2009 thru 2014 project build -out traffic results. As shown, Immokalee Road will operate at a v/c ratio of 1.10 for 2009 project traffic conditions (i.e. 20 students). With the completion of the Immokalee Road @ I -75 Interchange improvements, it was determined that 2010 thru 2014, Immokalee Road will function at a v/c ratio of 0.79 or less. Based upon the criteria set forth for "small scale projects ", the proposed conditional use will not: Directly access a roadway that operates above 110% of the adopted service volume capacity or will exceed 110% of the adopted service capacity with the addition of the proposed project trips. 7 Agenda Item No. 7A July 28, 2009 Page 92 of 102 TABLE 2B 2008 #hru 2014 ROADWAY LINK VOLUMES 2009 20 Students Analysis 2008 AUIR 2009 PM Pk Hour Traffic Count Growth Trip PM Project PK Direction (vph) Rate Bank Traffic (VPH) Immokalee Road 1 -75 to Logan Blvd 1800 2.50% 741 7 2548 y Logan Blvd to C.R. 951 1399 2.50% 272 7 1678 2010 40 Students Analysis 2008 AUIR 2010 PM Pk Hour Traffic Count Growth Trip PM Project PK Direction (vph) Rate Bank Traffic VPH Immokalee Road 1 -75 to Logan Blvd 1800 2.50% 741 14 2646 Logan Blvd to C.R. 951 1399 2.50% 272 14 1756 1 2011 60 Students Analysis 2008 AUIR 2011 PM Pk Hour Traffic Count Growth Trip PM Project PK Direction (vph) Rate Bank Traffic VPH Immokalee Road 1 -75 to Logan Blvd 1800 2.50% 741 21 2700 Logan Blvd to C.R. 951 1399 2.50% 272 21 1800 2012 80 Students Analysis 2008 AUIR 2012 PM Pk Hour Traffic Count Growth Trip PM Project PK Direction (vph) Rate Bank Traffic VPH Immokalee Road 1 -75 to Logan Blvd 1800 2.50% 741 28 2756 Logan Blvd to C.R. 951 1399 250% 272 28 1844 2013 100 Students Analysis 2008 AUIR 2013 PM Pk Hour Traffic Count Growth Trip PM Project PK Direction (vph) Rate Bank Traffic V( PH) Immokalee Road 1 -75 to Logan Blvd 1800 2.50% 741 34 2812 Logan Blvd to C.R. 951 1399 2.50% 272 34 1889 2014 100 Students Analysis 2008 AUIR 2014 PM Pk Hour Traffic Count Growth Trip PM Project PK Direction Iv h Rate Bank Traffic V(, PH) Immokalee Road 1 -75 to Logan Blvd 1800 2.50% 741 34 2862 Logan Blvd to C.R. 951 1399 2.50% 272 34 1928 Agenda Item No. 7A July 28, 2009 Page 93 of 102 TABLE 2C 2009 thru 2014 ROADWAY LINK VOLUMEICAPACITY ANALYSIS 2009 Service Vol. 2009 Peak Hour Peak Hour Peak Hour 20 Students Analysis PK Direction PK Direction PK Direction VPH Vf PH1 vic Ratio LOS Immokalee Road 1 -75 to Logan Blvd (4 Lane) 2548 2320 1.10 F (4 Lanes) Logan Blvd to C.R. 951 1678 3629 0.46 C 2010 Service Vol. 2010 40 Students Analysis PK Direction PK Direction PK Direction (VPH) (VPH1 vic Ratio LOS Immokalee Road 1 -75 to Logan Blvd (6 Lane) 2646 3629 0.73 D (6 Lane Complete) I Logan Blvd to C.R. 951 1756 3629 0.48 C 2011 Service Vol. 2011 60 Students Analysis PK Direction PK Direction PK Direction Vt PH) VPH vlc Ratio LOS Immokalee Road 1 -75 to Logan Blvd (6 Lane) 2700 3629 0.74 D (6 Lane Complete) Logan Blvd to C.R. 951 1800 3629 0.50 C -- 2012 Service Vol. 2012 Students Analysis PK Direction PK Direction PK Direction VPH Vt PH) vic Ratio LOS Immokalee Road 1 -75 to Logan Blvd (6 Lane) 2756 3629 0.76 D (6 Lane Complete) Logan Blvd to C-R. 951 1644 3629 0.51 C 2013 Service Vat. 2013 100 Students Analysis PK Direction PK Direction PK Direction VPH Vt PH) vic Ratio LOS Immokalee Road 1 -75 to Logan Blvd (6 Lane) 2812 3629 0.77 D (6 Lane Complete) Logan Blvd to C.R. 951 1889 3629 0.52 C 2014 Service Vol. 2014 100 Students Analysis PK Direction PK Direction PK Direction V( PH) V{ PH) vic Ratio LOS Immokalee Road 1 -75 to Logan Blvd (6 Lane) 2862 3629 0.79 D (6 Lane Complete) Logan Blvd to C.R. 951 1928 3629 0.53 C APPENDIX METHODOLOGY MEETING REPORT Agenda Item No. 7A July 28, 2009 Page 94 of 102 Agenda Item No. 7A July 28, 2009 Page 95 of 102 jmb transportation engineering, inc. traffic /transportation engineering & planning TRAFFIC STUDY - METHODOLOGY REVIEW "011 j Saint Monica's K -12 Private School (Project No. 081014) December 29, 2008 Prepared By: JMB TRANSPORTATION ENGINEERING, INC. 76121ST Street NW Naples, Florida 34120 239 - 919 -2767 Applicant's Representative: Collier County Representative: Collier County Representative: /0,z� a� Date /Z--Z-q Date �zIZ0"to Date Agenda Item No. 7A July 28, 2009 Page 96 of 102 APPENDIX A •INITIAL MEETING CHECKLIST Suggestion. Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: 12-29-2008 Time: 9:00 AM Location: Collier County Government Offices (Horseshoe Drive) People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239- 919 -2767 2) Michael Greene, Collier County Government, 239 -774 -8192 3) John Podczerwinsky, Collier County Government, 239 - 774 -8192 4) Heidi Williams, Q. Grady Minor, 239 -947 -1144 5) Study Prepare r• Preparer's Name and Title: James M Banks P.E. President Organization: JMB Transportation Engineering, Inc_ Address & Telephone Number: 761 21" Street NW Naples, Florida 34120 (239) -919- 2767 Reviewer(s): Reviewer's Name & Title: Michael Greene, Planning Manager Collier County Transportation Planning Department Reviewer's Name & Title: John Podezerwinsky, Project Manager Organization & Telephone Number: Collier County Transportation Planning Department Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Saint Monica's K -12 Private School Location: 7070 Immokalee Road, Naples, Florida Land Use Type: Existing Church Proposed Private School ITE Code #: LUC 536 Proposed number of development units: 100 Student K -12 Private School Other: Description: S.IOuCVn!sn nrd S ?!fuiysU'P_0: ;•nz!'l�hi pa >a,:aas ?;�crs "•i�3iT7;;ai :; Darr.? aScLCWeaG? aytar_ L" aq�edGCn }mc=_fu;u:ecr.- W- ial.;:eo_I vdh tzt lr: A 00 -y)R� Agenda Item No. 7A July 28, 2009 Page 97 of 102 Zoning Existing: Church Comprehensive plan recommendation: N/A Requested: Findings of the Preliminary Study: See the attached Methodology Report Study Type: LL S Tl> 11�iIr0 j (. i✓ S C_.4l. Study Area: ,r - Cpµt C s 1-i V5T TA15 -Liz– 5 Boundaries: See Attached Map t Additional intersections to be analyzed: yam- s�,ldrl�. VT— Horizon Year(s): 20 -70►4�roN4�- Analysis Time Period(s): AM and PM Peak Future Off -Site Developments: None le–b ,,��, rte' ti*t� -•. is Source of Trip Generation Rates: ITE Trip Generation Manual Rediretions in Trin Generation Rates: Pass -by trips: Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: None Methodology & Assumptions: Non -site traffic estimates: See Attached Site -trip generation: See Attached Trip distribution method: Manual Traffic assignment method: Manual Traffic growth rate: Per Collier County Historical Traffic Counts, but not less than 21/6 iOn';" 1;>n L' erl,3 sf!J v, 1si itf s_:.::: 2:': 1: i�(ii::'::2:75L= YCj�tlSil + °iCff Jil;nf(e?lyliC�aJ �C�i' F.: tiJv3yG8? a�?, 5:! i;; ui0fn�j ;if:,d(u ^.�1.:••; =�i_fc.iSid_1 :91Y1 CZ »iG'f :l.f ii',. ,� �/ C/ � Agenda Itel t �u,y Uzi zuuy ~w'� '�' age 98 of 102 D I T38990 isSEP 14 M 8: 28 ''x'50 °�' COLLIER COUNTY RECORDED rcag. DOC 560.00 . WRRRPIM DEED 1NT �g FWRRANPY DF� made thal' 3 day of , A.D• 19 �, by IND Dorothy M. Ramsey, Co- - Trustee under Agreement dated November 12, 1984 fl d ! T l B IB64 tr.Y,anaftpr called the grantor, to OR BOOK PAGE; St. Monica Is Episcopal GlaattL, Inc., a Florida Norr -Profit Corpcxaticn hereinafter called the grantee, whose post office address is: 4500 Execxrtive Drive, Ste. 100 Naples, FL 33999 (grovel used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of in viduals, and the suds and assigns of corporations.) wn"MSM.- That the grantor, for and in consideration of the sLm of $10.00 and other valuable ansideraticns, receipt whereof is hereby acknowledged, hereby grants, ins, miss, aliens, remises, releases, oo —ys and confirms unto the grantee, all that certain land situate in Collier Cavity, Florida. viz: (Folio q:41934520005 ) �I1 Traot 131, Golden Gate Estates, Unit No. 97, in accordance with and subject to the plat reoc ded in Plat Hods 7, pages 95 and 96, Public Ends of Collier County, Florida. oc,tmcntAry Staap Tax Received So4+�. an•7ible Recetved DWIWT E. r By 1 w € ° is and thereto belonging or TOwn= with all ) fl �a c o ZO RAVE AND TO HD in i s le £ grantor is lawfully E Z �' AND the ght and lawful authority of said lard f s the title to said ° -eall and convey c1 o persona wharooever: arc] ¢ land and will defend sonsew ant ev to 1 that said land is f encumbrances, of r,eoord, and December 31, 1992, aryl ts, restrictions i easements and restricti. IN W Ta ss Id�7F. , grantor has signed ed these presents the day and year first above written sIGNED sealed and yCy/�%�� � 1 name below) 'Doiotrjy M. R AAMi• itness No. 2 (Print nano below) SHARON A. ISENHOUR STATE OF /�DiI/l1 /R- CGtJtM OFD The foregoing inst rL.ment was acknowledged before me this _day Of �ill W is 14 by >bmt3:y M. Ramsey as identification and perscro ly known to we or vrho has produced who did /did not take an oath. }� �LCfiL -� (,,) HERkIAH a iRUi11% 4031AUMwBIJ10- M I Notary Public (Print name below) CAUNIY (M AU V A �' Law. 2° Iwo HERMAN A, TRUTNl:R RECURN TO PREPAPFER. ads xngtrwmt p by P. R. Coleman, President, MIII=T TITLE G.1ARANPEE CCWANY OF noRICA, 3936 No. Taadani Tmil, Naples, FL 39940, ( 813- 262 - 2163), in 03111jemction with the issuance of title inm= —Oe- File No. 21637/SR M UNE1:1 4,c1161'r COLMR covxry, rLORm DBIGHT E. H6aCX, CLrX ¢ $ Q3I E# 2? f�l $ its '��a Item . 7A 2 , July 2 009 4A P& a.*. //. o COLLIER C�4 WTY E�t1n D Page 9 102 1/OW" (M "n WWWW =M terrte 1lre . !3 _,dot of Oct+ol,er . A.D. 199?. by St. J&WO q&ojW Cwvtlh of MPs' tM' • a rloride *n- "�t Cotp"Uon hWing its Vrjj&4fnal place of btaiMm at OLalplM rlorids twMirafter called dsa grWAMC, W A Florida Son -Profit t o rra ra t i a» $C. MSnlc:At'e 61pie l (�xCCd1, trx:• s, � heMinaftW Called tt" g[>antee, 4w" Pt office is: CD CM 4500 Executive Dr. #100 Naplet,s}� FL 31399'9�9y _'f i� � � ) ( umd Hirain the 40ow grantor* aM w`Yan�~ jWlu & aU ire hiftsltmetlt and the hairs, legal r�psrc tatives std awiWw of Indivi&sals, and the suCa eoxI and assigns of c tiann.) �s That the grantor, grantor, for and in consideration of tans sum of Slants, other - �-. valuable cosssideratiCns, seaaipt whereof is hmby adonowleclged, heresy grants, '`Z sells, aliens, remises, zelea�ses, axwweys and confirms canto tM 9 , all tl'.:.t stn Cairn land situatQ in Collier County, Florida, viz: (Folio 0.410380WWS Q Tract 130 and the Fast 165 feet of Tract ill, Golden Gate Estates, �t45 and 96, publio acoordame with and subject t o the plat recorded in Mat Book 7, pads lieaoxris of Collier County, Florida. as co 4 SI sealed vexed in cKw ( z SEAL) l4i No. name below) St. John's Episcopal Ch=ch of Naples, Inc., a Florida Nora- profit Corporation John E. Ca:tau C��2 rname below) i Treasurer , i✓e � � r� G.C9` STATE OF �_ CUTAdPY Uf - — before me this /� day of UC 19 ,� The foregoing ant was acimowledged of by John E. Camm , as Treasurer St. John's Episcopal Chub of Naples, inc., a Florida Non- Profit Corporation behalf of the Corporation. ire /she is to me has pxc a ,Cr't)C �✓�' ie'e- - as iderntificati did /did take an oath. My (fission Expires: (SEAL) floury Pnbfs. 5t;ta o1 " — T ( name below) Illy Conniss:cn Expkas hdV 22.1993 I n IWTU a To pmzpM -. This instru aent prepared by P. R. Co emran, Presid -Mt, MWAWT C7 GU RAtAi�7G aII= OF F aUM, 3936 No. Tandaldmi Trail, Naples, FL 33940, (813- 262 - 2163), in conjunction with the issuance of title inssnranom- •"1/' Star--V Tax Rec2ived $ �___ C,�._DcCUrnentary Star File No. 21088/DJ Class "C" Intang!ble 4ecew¢d b (dead -Corp) (1/`32) n1____r� ____t'�rson it Property Tax 'OLDER COUNTY CJZRK OF cQWRTS DG ra A G7 ' M �= "SEE EXHIBIT A ATTACHED" g Gn F o ►� �� coo Z with all the in Mwrtain� tannen ' belonging or TO HAVE JM TD WW, the as d t the grantor is lawfully AM the, grantor hereby is t and lawful authority �► seized of said land in f s o sa warrants the title t tsaid warrants 1 to sell and Convey said 1 P�� w2�'i and �! land and will defend tl> mAsequent to that said land is fraa of peed 31, 1991, and �� restrictions re of reoord, and easevents and restrictions IN WIC i�mP, the tri M Q is o be eMx=ted in its name, t offioers thergmtno duly and its corporate seal to be finaec3 mtrMvn -Ampd the daAand Year f. y `. as co 4 SI sealed vexed in cKw ( z SEAL) l4i No. name below) St. John's Episcopal Ch=ch of Naples, Inc., a Florida Nora- profit Corporation John E. Ca:tau C��2 rname below) i Treasurer , i✓e � � r� G.C9` STATE OF �_ CUTAdPY Uf - — before me this /� day of UC 19 ,� The foregoing ant was acimowledged of by John E. Camm , as Treasurer St. John's Episcopal Chub of Naples, inc., a Florida Non- Profit Corporation behalf of the Corporation. ire /she is to me has pxc a ,Cr't)C �✓�' ie'e- - as iderntificati did /did take an oath. My (fission Expires: (SEAL) floury Pnbfs. 5t;ta o1 " — T ( name below) Illy Conniss:cn Expkas hdV 22.1993 I n IWTU a To pmzpM -. This instru aent prepared by P. R. Co emran, Presid -Mt, MWAWT C7 GU RAtAi�7G aII= OF F aUM, 3936 No. Tandaldmi Trail, Naples, FL 33940, (813- 262 - 2163), in conjunction with the issuance of title inssnranom- •"1/' Star--V Tax Rec2ived $ �___ C,�._DcCUrnentary Star File No. 21088/DJ Class "C" Intang!ble 4ecew¢d b (dead -Corp) (1/`32) n1____r� ____t'�rson it Property Tax 'OLDER COUNTY CJZRK OF cQWRTS DG ra Agenda Item July 2f Page 100 a owpDK*ticn Orpwdwd order, the lam of the stem of = CO Cn do hereby car" that the fbnowirg In a tna and corzeas copy Of the ;XC to XeMlutlow duly A r*9 tscI by UnWiMMA Wrl tter =Mft Of the DD=d of Direct=s of said cxxpx tion on Of- r and that said reeclutiom have not beer remaimW or snanded but are in full floras WA effect at the date hexeo ; cm CD Mo" as (NaM) TIZIO) of said cm-poraticn is authorized to execute any and all domsnalts, Ircluding but not Limited to Warrmty Deeds, which may be veaw*81Y to effect the sale of the following described preodwst Tract 1.30 Golden GEI with and 7, paws County, F Further, 31 hereby M, �-, c • M ' . - - I - M - --ate of the IN WIVOW klWLWF, I have hereunto set my hand as Secwetary, Of this aratjm and affixed hereto its c)ffici�k.�q ,seal thi day of Or- 4-0 Lle -V' C, ATTEST FnE # 21088 /W Signature et)ry (Title) C 'I tCR J COU11TY. FLOW:IA C'- AWLS C. GILF!� C1 F�P'K 7A 09 02 Agenda Item No. 7A July 28, 2009 Page 101 of 102 lb AFFIDAVIT Well, Rev. Kathryn Schillreff, for St. Monica's Episcopal Church, Inc being first duly sworn, depose and say that well am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that a# the answers to the questions in this application, including the disclosure of interest information, al/ sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Q. Grady Mi nor & Associates, P.A. to act as our /my representative in any matters regarding this Petition. Signat re of Property Own Rev. Kathryn Schillreff, for St. Monica's Episcopal Church Inc Typed or Printed Name of Owner - Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this a i _ day of , p/' .bcj' 209 by �A6nvn �f r5r�ri1 /�P��' who is pgsonall knnow_n to me or has produced as identification. MY COMMISSION A Op 42724{) +�r = EXPIRES; May 8, 20Q9 9jRt�' 6WW0d7ftMgw ptb UM*W,j" a Eel-- �" = --e `jore ff (Print, Type, or Stamp Commissioned Name of Notary Public) APPLI CATION FOR PUSUC HEARING FOR CONDI77ONAL USE - 4174103, rev SIM12005, rev2 11 Z /08, rev. 7114.08 Agenda Item No. 7A July 28, 2009 Page 102 of 102 IF Sunday, July 12, 2009 Dxilu Vk1irs, 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 Tues- day, July 28, 2009, in the Boardroom, -3rd Floor, Ad- i ministration Building, ollier 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 AND /OR DAY CARE RELATING TO THE EXISTING RELIGIOUS FACILITY; WITHIN THE ESTATES (E) ZONING DISTRICT: PURSUANT TO SUB- SECTION 2.03.0i.B.l.0 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCAT- ED IN SECTION 29, TOWNSHIP 48 SOUTH, -RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU- 2009 -AR- 14137, St. Monica's. Episcopal Church, Inc:, represented by Heidi K. Williams, AICP, of Q. Grady Minor, Inc., is re- questing two new Conditional Uses ppursdant to the Land Development Code Section . 2.03.01.B.1.C., in the Estates Zoning District The Conditional uses being requested are as follows: LDC 2.03.01.B.1.C.3, - to allow a child care center; and 2.03.01.13A.C.4, to allow a private school related to the existing Tell- ggious facility. The subject property is located at 7070 Immokalee Road, on the south side of Immo- kalee Road, west of the Logan Boulevard Extension, in Section 29, Township 48 South, Range 26 East, Collier County, Florida. 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 ad- dressed. Individual speakers will be limited to 5 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 spOkes- person for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materi- als 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 hear- ing. 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 per- taining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, f 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 pro - ceeding, 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,listen- ing devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) _July 12, 2009 No18067 3