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Backup Documents 07/28/2009 Item # 7A t '7 A ., COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) ...*...........w...................................*..*.................*******.*~**.******....** Originating Deptl Div: CDES.lZonine Person: Melissa Zone ate: le -to'" Petition No. (If none. give brief description): CU-2009-AR-14137, St. Petitioner: (Name & Address): Heidi K. Williams, AICP, Q. Grady r, 3800 Via Del Rey, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) SI. Monica's Episcopal Church, 7070 1 mmokalee Rd., Naples, FL 34119 Hearing before BCC BZA Other Requested Hearing date: Julv 28, 2009 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU-2009-AR-I4137, 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 .OI.B.IC., in the Estates Zoning District. The conditional uses being requested are as tollows: LDC 2.03.0 I.B.I.C.3, to allow a child care center: and 2.03.01.8. LCA, 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 lmmokalee Road, west of the Logan Boulevard Extension. in Section 29, Township 48 South. Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: /. 6jJ~/o'7 ~~;Sign~ Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining 8 copy for file. ****************.***********~~**.~********************************************.*****~***.***.*.*.***. FOR CLERK'S OFFICE USE ONLY: Date Received:1 /1/ cJ1 Date of PlIblic hearing: ~ Date Advertised: ":}- }~€ (05J " -~~_.~ --- '"'-...", ........ _......_.~-,..-...'_..,- t '7 A ~i RESOLUTION NO. 09- 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.1.C OF THE COLLffiR 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. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a private school and/or a day care related to the existing religious facility within the Estates (E) Zoning District pursuant to Subsection 2.03.0 l.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 tbe specific requirements govcming 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 1 O.08.00.D. of the Land Development Code; and WHEREAS, all interested parties bave been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. 1 .. --'-"'''-~- ,,..... ~.. IIo!JA ~._~.~, '~-"""'--"--'<-"---- 7A . :.1 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, AICP, of Grady Minor & I L Associates, P.A., representing St. Monica's Episcopal Church, Ine, with respect to the property hereinafter described in Exhibit "13", 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.l.c of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "elf and subject to the conditions found in Exhibit "D". Exhibits "B", "c" and "I)" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this _ day of ,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. Wiliams Assistant County Attorney Exhibits attached: A. Findings of Fact B. Legal Description C. Conceptual Site Plan D. Conditions 2 -~'.',"'--'''-",., -- ,,' ..""'...."" ---~ " --- 7A ., ~ 1 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COM:MISSION 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 - 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 carmot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use \vithin district Yes No - ~.'---. Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) bc recommended for approval. DATE: CHAIRMAN: Exhibit A " ".".,~.~- ""---~~~~~-- .....,~--.... , _,_,__~~,'_,""~"""~..H""""" - ",_., " ~ . LEGAL DESCRIPTION TRACT 130, TRACT 131 LESS THE EAST 80 FEET, AND THE EAST 165 FEET OF TRACT Ill, GOWEN GATE ESTATES, UNIT No. 97 F AS RECORDED IN PLAT BOOK 7, PAGES 95 AND 96, OF TIm PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE NORTH 50 FEET THEREOF OF ROAD RIGHT-OF-WAY. Exhibit B ~'"',,"-"._-- ........... _..,,~ __ ""lIl""~ .._ -,,_..,'--~"'~_._"~--- f 7A !; I , ~E..UlA,'.;;'CU(IlfI..., I ~RAEar..TlOh' SITE DATA I . . . I lOTAL SfJl A.Rt.l - I.ott ACIIa . 81:"ClnDm ~w. . I INDUHOUS ~ll!.1Df J G.JS . .RCQJR!D FW3i:Jt\t[ . . I lUll X D.1~ - .... ACII(J . . I . I . . . . . - I . I z - 1 - I . " I I I . . ~ I . ~ i' . , . -. . I . ~<' . I . e ~ . . r~' . -f - . i.. I . . . I . " " . " . . I . I . J ~I . I I h , . I . !~ i I I i . f. .J ) . ~ I - I ~~ . ;;~ ' . I 1:- I . ~ . . , I I I I I . . 1 <J ~:: I 1 ::::: ~ -;. a~i#MD 'I .', '.2. ,0, J ......... .", . .:;, . :- :-; if. :': I ...... " j ..... !P' 0',,>-, .:. --- :r ;: I \ I \ U[~[! , -., .lII I ~~ ~g~ ~~ o~~ I ~--. I J I . . . . . . . ' , . I .. .. ... . . . . . . . . , . , J I i I EXHIBIT C zo."", t.,U"l~U:S usE.........c."." ~ ST. MONICA' S EPISCOPAL CHURCH ~-.... Q. GRADY MINOR &: ASSOCIATES, T'A . COli. St. Monico's -. ClVlL ElfGt1'IEf..ll.s. -I ~"DSURV.EYllR.s . FW.~ERs.. U,H::>SC....I'f _~Q1l :EOS ..". BOmT...~I'iL';3 ,u~r ~n1'lU . l'tOJ.r...~p,. Episcopol Church CONDITIONAL USE -- t:~l""'-.u. in........,~~~ ".n~...:= 7070 Invnoltofce ROOd CONCEPTUAL SITE PLAN .... ~_~a"_:~_.n....... "'""-o'\,.:I!"l,...L.....',_.... '-'..~,-...'''-~H;:;.;.........c''' NopE... F1. 34119 -. 'WWW.GRADY/-iINOR,COr-t (239) 59'-<550 SHlln'l ~ 1 .~. .L. ~._~u.~.,~~__._._."'.~,..~'..~...~__ - . --_..~~...~...<.... -~. ',..,~.._"..__.,- 7A ~..t ~. CONDITIONS of APPROVAL CU-2009-AR-14137 St. Monica's Episcopal Church l. 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 CD 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 nwnber 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 lmmokalce Road. 4. Maximum enrollment for the small private school shall be 100 students or 90 students for the weekday child center. 5. The ovvner 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 east (less 80 feet of Tract 131) as an off-site preserve, and determine that the present conditional use is also consistent with the GGAJ\.fP. 6. The applicant shall mnend 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. Exhibit D '~"_'~~_~~N_~_~_n~'_ ."-~--~-,_..,~,-.".__.,..,-.,-- """"'~,-- " . . --~"" -~~.~_._.,._-~...",--~---- t. 7A ..~ ACCOUNT #068779 July 2, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2009-AR-14137, St. Monica's Episcopal Church Dear Legals: Please advertise the above referenced notice on Sunday, July 12,2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 _'.'~" ._~,.,,,,,<,,.. .'~" ""'T_ ,__._,,,. ........~..,_~_. - ...-.... ~;~_._._"'"""-,..."._~....- 7A .~ ~"'~ NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, July 28, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE SCHOOL AND/OR DAY CARE RELATING 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 FOR PROPERTY LOCATED 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 requesting two new Conditional Uses pursuant to the Land Development Code Section 2.03.01.B.l.C., in the Estates Zoning District. The Conditional uses being requested are as follows: LDC 2.03.01.B.l.C.3, to allow a child care centeri and 2.03.01.B.l.C.4, to allow a private school related to the existing religious facility. The subject property is located at 7070 Imrnokalee 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. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 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 spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, "","',",.",,,,,,,~.,.,,.,~,'.... "," ..., ~'._...-.,;-_..._,.,,,.,,_. -. - - ...... ,./1 . ~___,"""-"'_~O"__"~___~~__".___ f 7A . ~~~ which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) -...-",~~,~-,_..,.,,~,., ""'..~......,.,.,.,~- ,...... ---..... '_~',~.",'.~..'~_.."".M~~',"__..'"_'~..___ 7A . '1 ~-eo~~!}[:pfe~ IIi er CLERK OF THE C~RCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI 't~IL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA~1101-3Q44 Auditor lid Custodian of County Funds 1~:;':~ July 2,2009 c~'\". ",' Heidi K. Williams, AICP Q. Grady Minor 3800 Via Del Rey Bonita Springs, FL 34134 Re: CU-2009-AR-14137, St. Monica's Episcopal Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, July 28, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 12,2009. You are invited to attend this public hearing. Sincerely, DWIGHTE.BROCK,CLERK . Lfko-~1/-A~. eresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com ,._...._,~._"'--, --",. - m..." ~'"'~''_''''''~'__'''_''''' , 7A ',t r~.'~~~.', :eOltlpty~~of{!:qllier CLERK OF ii-IE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY ,COURTHOUSE Clerk of Courts 330 I TAMIAMI TRAIL EAST Clerk of Courts Po. BOX 41.3044 Accountant NAPLES, FLORIDA.]4101-3044 Auditor ::{~~:' Custodian of County Funds , July 2,2009 }o,-""/ S1. Monica's Episcopal Church 7070 Immokalee Road Naples, FL 34119 Re: CU-2009-AR-14137, St. Monica's Episcopal Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, July 28,2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 12, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~eLP~ LI <;.<--- . eresa Polaski, Deputy Clerk Enclosure ---_._---- Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com '" ,-.,._.__.",..~~"....'-,,",",-~...-'- "~'-'" ~...~_.#, ....'....""" . . "',.-.~.-~.'."'~'-~ -- l 7 Ai~~ Teresa L. Polaski To: legals@naplesnews.com Subject: GU-2009-AR-14137 Legals, Please advertise the following on Sunday, July 12, 2009. Thanks ~~5 ~."" .. i~. '. www. . m," . ~. CU-2009-AR-1413 CU-2009-AR-1413 7.doc 7.doc Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierelerk.eom) 1 ,.._"..__....'_"wr.. _"C_"~~"~ ___ __ ,_~.__...~,.._~,"...,_.__.___........_ ! 7A .,.~ Teresa L. Polaski From: postmaster@collierclerk.com Sent: Thursday, July 02, 2009 1 :50 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT422843.txt; CU-2009-AR-14137 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients~ but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com 1 ",_,~"_'_~'_'~._'"M.~_.'"'~'~__~ ~ , ,.' --"'"~--'-"-"'-'-----'- i 7A J Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Thursday, July 02,20092:15 PM To: Teresa L. Polaski Subject: RE: CU-2009-AR-14137 ok ---""--'-~,'"".""---_.,~->"""",,,,,~,,, From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Thursday, July 02,2009 1:50 PM Posted To: Legals - NON Conversation: CU-2009-AR-14137 Subject: CU- 2009-AR -14137 Legals, Please advertise the following on Sunday, July 12, 2009. Thanks <<CU-2009-AR-14137.doc>> <<CU-2009-AR-14137.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. 1 .~~-"___~'~_dT~ ~,"..~_,.._~__..' , . . . OlIO _"__",, "'''''-''~-~'--''-''~''''''''"'"'"-~'-=-'~'--~';- 7 A "H~ Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Thursday, July 02, 2009 2:42 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS1843.jpg Thank you for placing your ad. Date 87/82/89 Publication NON Ad Number 1886783 Total Ad Cost $467.78 Emely 1 '_"''''..~"..-.",-. "'._~"'- ....... III T'W" . t - -;-,~-,,--~----- NOTICE OF PUBLIC HEARING 7A I Not1ce is hereby given that thel30ard of County Commissioners.. as the Board of Zoning Appeals. of Collier County willllOld a public hearing on TUeS- day, July 28. 2009. in the Boardroom, 3rdFloor. Ad.- ministration Bulldlng, CoUler County Goverhment Center. 3301 East Tamiami Trail. r~a~les. Florida.. The meeting will b~ln at 9:00 A.M. T e title oftl1e proposed resollrtion IS as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIOING fOR THE ESTABLISHMENT OF A. CONDITIONAL USE TO. ALLOW A PRIVATE SCHOOL AND/OR DAy CARE RELATING TO THE EXI STING RELIGIOUS FACIUTY WITHIN THE ESTATES (C) ZONING DISTRICT PURSUANT TO SUB- SECTION 2.03.0LB.l.C OF THE COLLlERCaUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCAT- ED IN SECTION 29. TOWNSH IP18 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. . The Boarcl will consider PetItion: CU-2009-AA-1413.1, St. Monica's Episcopal Chllrch. Inc.. represented by Held 'I K. Williams. AICP, of Q. Grady Minor. Inc.. Is re- questing two new Conditiona.l Uses pursu.ant to the Land Development Code Sect'lon 2.03.01.B.l.C.. in the Estates Zonin~) District. The Conditional uses beil1R requested are asfOllows:LDC 2.03.01.a.l.C.3. to al ow a child care center; and 2.03.01.B.1.C.4. to allow a private scl100l related to the existing reli- gious faCility. The subject property is located at 7070 Imrnokalee Road, on the south side of Immo- kalee Road, west or lhelo~Jan Boulevard Extension, in Section 29. Township 48 Soutt'l. Range 26 EllSt, Collier County. Florida. NOTE: All Persons wiShinfh to speak on any a.genda item must register with t e County Administrator prior to presentation of the agenda Item to be ad- dressed. Individual speakers wHI 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 recoanized by the Chair, a spokes- person for a group or organization maybe allotted 10 minutes to speak on an item. Persons wishIng to have Written or graphic materi- ells included in the Board agenda packets must submit said material a rnirlimum of 3 weeks prior to the respective publ ic heuring. In any case. wtitten materials interl<:Jed to be (;<H)sidere< by theSQard shall be sLlbmitted to the appropriate County staff a minimum of seven days prior to the publiC hear- ing. All mater'lill L1sed in presentations beforeihe Board will become a permanent part of the record. Any person who decides to appe.:l1 a decision of the Board will need a record of the proceedings per' taining thereto and therefore, may need to ~nsure that a. verbatim record of the proceedings ismade, whicl, record includes tile testimony and evidence upon which the appeal is based. If you ilre a person with a disabilit~ who needs an~ accommodation In order to partie pate In this pro- ceed ing. you <lre entitled. at no cost to you. to the provision of certain assistance. Please contact the Collier' County Facilities Managernent Defl2rtment. located at 3301 Ti'lmiami Trail East, Bu Idlng W. Naples. Florida 34112. {.239)252.8380. Assisted li.sten. ing devices for the hearing impairecl are avaJlablQ 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 NOl806783 " '.' '- ~._'"~-,-,-......- -"""'"'--- - 1'0 J :_.______,_~.__"_.~,_,~~.~^'_"""""._...",,.,__~_~_______ - t 7A i Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ BCC/ZONING DEPARTMENT CLERK OF CIRCUIT CRT S AMMERMANN/FINANCE DEPT POBOX 413044 NAPLES FL 34101 REFERENCE: 068779 P.O. #4500096189 59582627 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Chris Doyle, who on oath says that he serves as the President and Publisher of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 07/12 07/12 AD SPACE: 166 LINE Nft1rRmll FILED ON: 07/13/09 ---------------------------------------~----+------------------------ Signature of Affiant C'/'-?~ .,. Sworn to and Subscribed before me this ~lQ day of ~~ 20Q1 Personally known by me Lxo.nJ) c:9.Ju 0 "'~'"'.P~'" "lD ::~~l.'t-, r . :'~i,,',',/'.,,'.:,~. _,' -, .~_ ,..JO~ll,,_,....,. -..""uS %.;~.:'- ::i:;) Ex)!: ~:)~~, ! 1 "11f,19'r: :~~C~,~.~' ,:;~, 800.38&-1019 '-"'._- - '- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7A . t TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sillnature, draw a line throuw: routinlllines # I throuM #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. Steven Williams CAO S(w 11;~A~1 2. Judy Puig CDES Administration ~ 11dQJO'1 3. v 4. 5. 8tle Filson, Executive Manager Board of County Commissioners ~ iI ~Uj/ 0-' 'ItN Ml (u.<~<-L. 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Melissa Zone Phone Number 252-2958 Contact Agenda Date Item was 7/28/2009 Agenda Item Number 7A A roved b the BCC Type of Document Resolution Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/ A (Not a ro riate. (Initial A Iicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, ~ resolutions, etc. signed by the County AttolVey's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A- Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing sli should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es if a Iicable. I: Formsl County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 \ ,~..."..'"."."'.....'''-'..''~,.;c,...'.__'.''''__, ."',=0',_""",,____ ....;_~~__..,~__,....~,._.,,'"......_., ,"""".....",", .., ",....~."_._-_., ~ 7A .. RESOLUTION NO. 09- 1 89 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 FACILTIY WITHlN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.B.l.C OF THE 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, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a private school and/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 10.08.00.0. 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 - ....,.~.-.-..~, ~- ,._-~~,."..~, - - ,--._~_.".. > 7A t 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, AICP, of Grady Minor & Associates, P.A., representing St. Monica's Episcopal Church, Inc, with respect to the property hereinafter described in Exhibit liB", 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 Board. Tills Resolution adopted after motion, second, and super-majority vote, this ~y of -S~fj<OO9. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK,' Clerk COLLIER UNTY, FLORIDA I ,,.- By: ~.~ ,. .. DONNA FIALA, Chairman ? ' - '",., Ii....... .t'.' ." . Approved as to form and legal sufficiency: i~ - / ii ' ,::, ,? W' Steven T. Williams s -r...J ,.;}.I .01 Assistant County Att():rney Exhibits attached: A. Findings of Fact B. Legal Description C. Conceptual Site Plan D. Conditions 2 ~""~-'" "'1J .' ~~__~"'d____ ..- .- ,,-~ 7A ~ :if 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-/- 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 effeots: J No affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 7t1Jin district Yes No Based on the above findings, this conditionai use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE o/IFj07 ~N.~~~~~d hUV1Vl.wrc Exhibit A - ...._""_"",e <.-,",,""'" -~,-- "~_._."- 7A ;: ~ '!f 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 I No WI CHAAJ'1~S - 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_ bJ/ S/JP 1<1J}/~11J,.s C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or /' Affect mitigated by <text> Wi ~n p t-tt-IJ 17 tI/J.S _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes I No kJ / :577 f' J{ /..11 n ~ IJ.$ - Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE:~ /VI tavt1?~ A.(Jh7n4~~d. t~ GW~IRM:AN:' Exhibit A .-'"..-. .................-."'- 7A ~ 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: V 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 YesL No - Based on the above findings, this conditional use should. with stipulations, (copy attached) (should not) be recommended for approval. DATE: /.4..t:>9 ctZ~~A h~ Exhibit A ._.',m._"._ --.-.~~. ~."'.._"" .. _._'.-"" ,-,.- 7A I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: CU-20j",R P'7~/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--1L No _ ~\Jl~rt1 3r~r. 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 Gannot 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, withipulations, (copy attached) (should not) be recommended for approval. DATE: :jONt \~ '(004. MEMBER: Exhibit A -'.......,_....'..,',.."'"-,'..'.._~--.~"',."""-~- ~...~~ _.- "...._""_N' 7A 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 ~t~e 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 ;7egress Yes V No - - C. Affects neighboring properties in relation to noise, glare, economic or odor effects> ~o 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. //1 {"J.Af"er 'u DATE: {; -I Y -7 ..eHAIRMAN. 1/ / L/ Exhibit A -,--- ....r _,__--,<,.."...-..-, _.~--" 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2Mf)-AR~ 2(10; Ic.r 137 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 Land ~opment 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 offrre or catastrophe: Adequate ingress & egress~ Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di% Yes_ No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: (,/~/o 9 MEMBER:()/~ I I Exhibit A ""_'_""_'c','-"_ -. . - 7A 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 ,/ No - (\~ ':>~}y uJ oJ.cJ .-- 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 L No - C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or / Affect mitigated by <text> IcvJLvs I Si?-e -1-.) ).,fvJ c:hVL., - _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No ()-<.? s'+)Ol.,J b.J..~..j - . Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: " -d?-o~ CHAJRMAN: /v'lwJt P ~~ \ Exhibit A "..".-,-"...--., ~-'" ..,..~...,.~-."-"""" .< ,...,~, -"..'""--'~- _..w" 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COi11ISSION FOR A CONDITIONAL USE PETITION FOR (!(j ;Ztf(Jr- The following facts are found: ~'POO6-o\R-_ - If/l 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 Lan7elopment 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 & egre/ Yes No - C. Mfects neighboring properties in relation to noise, glare, economic or odor effects' ~o affect or _ Affect mitigated by <text> _ Affect CaImot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within diS/,:: Yes No - Based on the above findings, this conditional use should, with i ulations, (copy attached) (should not) be recommended for approvaL b IJ4 .... DATE: 18 MEMBER: /. Exhibit A -"'-'-~."""'-'''''--,,,, --~._, ~ ----. .~,,-_. 7A ~ 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 / 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 ":2'; egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ho 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 YesL No_ Based on the above findings, this conditional use should, with stipulations, (co'p~ (should not) be recommended for approval. DATE: If" / g'" If CIIAlRAfAN.r ;f:.6~ T t/ / CL.!.' ./. Exhibit A """"...-._-,.,~ - ~ '~.".' .,..... ~- _.,--..,,,-_."~ ._~ 7A j LEGAL DESCRIPTION TRACT 130, TRACT 131 LESS THE EAST 80 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. CONTAIN1NG 4.996 ACRES MORE OR LESS. Exhibit B .'M" _"'",^._.""'~M_"'~' --~. '.""'--"<"- .--.... _".'..M~....'.",.._, A -z- JNW::NA-:an Q.t.VJS. ":oJINOl P'-- I .. .. . . .. .... .",. .. .. I . .. .. .. . . .. .. .. -., I I ' -'" -. . .' ~ I ' ' , ' ". ',,' ., .. . . , .. . .. .. I , r: ::: (: ~ I . ...... I l:: ' , , ~ I Z I I 8 :s ~ 0- I ~ , ill VI I ~ <i' I Ii I ~ ~ I e 0- I d-j w !:! (.) z :; 0 i~ I (.) , '" I 11 ~ - I ;;: I ~ I I .., '" I I ~i I I i p.. , I . e - ~~i!' i i i I <( ~;Z ~ tB ' f . I 5S~' ,~ I I ~ ~ . ~~ ~ i I i i . . 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",,~.._ _., ....w. .~.~._.~ . 7A I CONDITIONS of APPROV AL 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 - 12th grade school or child day care located at 8t. Monica's Church. "No Parking" signs shall be posted along the southern edge of the retained vegetation area north of Autumn Oaks Lane. 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 1ROX project at 1-75 and 1mmokalee 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 until the expanded capacity as designed in the current FDOT 1ROX project at 1-75 and 1mmokalee Road (CR-846) becomes available. 8. At the time of the next development order the applicant shall modify the access points shown on the site development plan to limit the western driveway to ingress only and the eastern driveway to egress only. 9. That the existing vegetation along the southern portion of the property, to the west of the existing conservation easement, and as depicted on the conceptual site plan shall be maintained at its present state, regardless of whether that portion of the property becomes subject to a conservation easement. Revised on 7/29/2009 Exhibit D -",'- .'.' ....~,.,_~,_____...__M.,~._",._ '-~--