Resolution 2010-141
RESOLUTION NO. 10- 1 41
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
PRIVATE SCHOOL WITHIN A RESIDENTIAL SINGLE
FAMIL Y (RSF-3) ZONING DISTRICT PURSUANT TO
SUBSECTION 2.03.02 A.1.c.3 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY LOCATED
IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
of a Private School within a Residential Single Family (RSF-3) Zoning District, with an ST/W-4
Special Treatment Overlay pursuant to Subsection 2.03.02 A.1.c.3 of the Collier County Land
Development Code on property hereinafter described, and the Collier County Planning
Commission has made findings that the granting of the Conditional Use will not adversely affect
the public interest and the specific requirements governing the Conditional Use have been met
and that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-PL201O-277 filed by Christopher Thornton, Esquire of Becker and
Poliakoff, P.A. and Matthew D. McLean, P.E. of Agnoli, Barber and Brundage, Inc.,
representing Grace Place for Children and Families, Inc., with respect to the property hereinafter
described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a Private
School within a Residential Single Family (RSF-3) Zoning District with an ST/W-4 Special
Treatment Overlay pursuant to Subsection 2.03.02 A.1.c.3 of the Collier County Land
Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and
Grace Place CU-PL2010-277
Revised 5/2111 0
10f2
subject to the conditions found in Exhibit "C". Exhibits "A", "B" and "C" are attached hereto
and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
.- )lJ l,}his Resolution adopted after motion, second, and super-majority vote, this 2ttty of
~,2010,
ATTEST,:~.,:\, ;\,:, ..
DWIGHT E': B'RO~ CLERK
~;'.
~.'. ,},~ .i',:;' . ~\.c
f:. '~eft~Clerk
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: ~W. ~
FRED W. COYLE, Ch an
Approved as to form
and legal sufficiency:
~7. L-)'~f .
Steven T. Williams !)"I"\ t;
Assistant County Attorney 1V
Attachments: Exhibit "A" - Warranty Deed
Exhibit "B" - Conceptual Site Plan
Exhibit "c" - Conditions of Approval
CP\ I O-CPS-O I 0 18\24
Grace Place CU-PL20 I 0-277
Revised 5/21/10
20f2
INSTR 4394279 OR 4536 PG 3487 RECORDED 2/12/2010 9:58 AM PAGES 3
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@.70 $0.70 REC $27,00
CONS $0.00
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,. Prepared By:
&' JOHN PATTERSON, ESQ.
~ Livingston, Patterson, Strickland & Siegel, P.A,
46 North Washington Boulevard, Suite 1
Sarasota FL 34236
(941) 365-0550
Parcell. D. No. 35753480007
WARRAN'l'y DEED
~ ~~ta.r
THIS INDENTURE, ma .~ ~~ day of GctobQr, 2009,
between T~.~~~~,,~ . ~~,T CHORCH, INC., formerly
THE GOLDEN GATEMETH ' CHORCH, INt~!)'~'\Florida corporation not
for profit, whos~/ad ~~is 4300 2~st ~venue, S.W., .Naples,
Florida, 34116, G R~~d~'~ST\ I~TRICT, FLORIDA ANNUAL
CONFERENCE, ONIT,E!1I.~ .\ '] a successor by merger
Fort Myers D~str~~f tee. d ,\M tri~. tst Church, Inc., a
Florida corporati~'tJ,;., se. i ~.''t:e'JNorth Honore Avenue,
Sarasota, FIOrida,\~. .35-9128, G;] /r~
\~ l~ / ~O
(Wherever used hereJ.1r -t,he terms "G NtDI(.' and "GRANTEE" shall
include singular an~iQJt~J.., heir. \\,\:fetj'al representatives, and
assigns of individua~~rAn~~)$~cessors and assigns of
corporations, wherever th€-~~~ admits or requires.)
WIT N E SSE T H, that said Grantor, for and in
consideration of the sum of TEN AND 001100's ($10.00) Dollars and
other good and valuable considerations to said Grantor in hand
paid by said Grantee, the receipt whereof is hereby acknowledged,
has granted, bargained and sold to said Grantee forever, the
following described land located in the County of Collier, State
of Florida, to-wit:
All of that portion: Block 30, Golden Gate, Unit 2, as
recorded in Plat Book 5, at Page 68, of the Public
Records of Collier County, Florida, lying North of a
line described as follows:
Commencing at the South quarter corner of Section 22,
Township 49 South, Range 26 East; thence N 0012'48" W,
for a distance of 1433.36 feet along the West line of
the SE ~ of said Section 22, to a point on the North
right-of-way line of 22nd Avenue S.W., and 145.06 feet
Exhibit A
OR 4536 PG 3488
.
West of the centerline of 43rd Terrace S. W., Golden
Gate, Unit 2, as aforesaid; thence East along the North
right-of-way of said 22nd Avenue S. W., for a distance
of 1085.96 feet; thence North along the West right-of-
way of 42nd Street for a distance of 510.00 feet to the
Point of Beginning; thence West 761.91 feet to the East
right-of-way of 43rd Terrace S. W. and the terminal
point of the line.
~~~~~~
(print name of witness)
?-i9a(6-
EIJ~l>H' ? Qa.,Uo 'CA..'1
(print name of witness)
Any lying West of a line perpendicular to the line
described above (bearing N 000' DO" E) and lying 350
feet West of the West right-of-way of 42nd Street as
shown on the Plat of ~~n~, Unit 2, as aforesaid.
/~\1)R CO(J ',,~
subj ect to ~~/~i'",restrictions, and
reservations ot/~~ord, and real~~t6~erty taxes for the
year 2009 and/~ui19u~rs. \ \
I / j.ii.-""'-"\.......r"~" \ \
And said Gra~to~~~~~~~~~~' rr~nt the title to said
land, and will d~~ \~,~J~~ain\ tL~tlaWfUl claims of all
persons whomsoeve ~ "--- '. ~'~ ~ ~
.._~~). ~..""j
IN WITNESS "~" Grantor h~~, to set Grantor's hand
and seal this day arldrv~~r first abov~,-WT77'tten.
" () ;-';',- ./:,(" '.
',.(" ^}-,'-----------~... \ ~,.;-
"......../ IfF C\\~J~~ GOLDEN GATE UNITED
'-----.:.;:,-:.,..:::....:--METHODIST CHURCH, INC. ,
formerly THE GOLDEN GATE
METHODIST CHURCH, INC., a
Florida corporation not for
profit
By: h~ 13~
Nancy Bisb e
Survivlng Dlrector
WITNESSES:
2
*** OR 4536 PG 3489 ***
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STATE OF FLORIDA
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CONDITIONS FOR APPROVAL
FOR
CU-PL2010-277
1. The Conditional Use is limited to what is shown on the site plan, identified as "Grace Place _
Conditional Use Master Concept Plan" prepared by Agnoli, Barber & Brundage, Inc., dated
March 2010. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings, structures,
and improvements authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
EXHIBIT C