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Resolution 2013-139 RESOLUTION NO. 13- 1 3 9 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE SCHOOL AND A CHILDCARE CENTER WITHIN A RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.01.A.1.c.10 AND 2.03.01.A.1.c.11, RESPECTIVELY, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PETITION CU-PL20120001074] WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a private school and a childcare center within a Rural Agricultural ("A") zoning district pursuant to Subsections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11, respectively, of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL20120001074 filed by Robert D. Pritt, Esquire of Roetzel & Andress representing Community Congregational Church on the Gulf, Inc. f/k/a Congregational United Church of Christ, Inc., with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a private school and a childcare center within a Rural Agricultural zoning district pursuant to Subsections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11, respectively, of the Collier County Land Development Code, in accordance Community Congregational Church 1 of 2 CU-PL20120001074—Rev. 5/23/13 with the Conceptual Site Plan described in Exhibit "B", and subject to the Conditions of Approval found in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote this a day of 1-tm , 2013. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER • Y, FL 4 RIDA BY aLIYA,A Q•C BY:- • t�-rk GEORGIA •!LLER, ESQ. Attest as ,` • an's Chairwoman signature only A'proved as to form and legality: A A - Ala Emily R. Pit in Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval CP\12-CPS-01194\34 Community Congregational Church 2 of 2 CU-PL20120001074—Rev. 5/23/13 ez Z Cr) V)Li u = u LAF R » \ \\ 3 u Z Z< \ L \ Z . 4 e </J § / =/ 2 ® \ 0 1 $ Z ® �%Li X ® / % $ $\ < < _ r e u I \\ < / / 0 I ® ? i m ~ /Z % / \ w Zo \ 2 F- p / f L. 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J�N / . K z N7 h Z U a W ,* N=is W Z r A cc, ZW I N b . 1 -a ti• ., t 41 0 S g 1no r2 w co .? CC.4- It i ce _o N� �� o r \,, 1 RR 88 rr 3 Ce 0 CO .- 0 O Ga TAMIAMI TRAIL (U.S. 41)1)`a W ii zW O V1 N Exhibit B CONDITIONS OF APPROVAL FOR CU-PL2012-1074 1. The child care center and school uses shall be limited to a total of 90 children and students. 2. The child care center and school uses shall not operate at the same time. 3. The normal hours of operation shall be from 8 a.m. to 4 p.m. for the school and 7 a.m. to 6 p.m. for the child care. 4. The grass parking area currently used as an outdoor recreation area may continue to be used for an outdoor recreation area for the school and the child care center. 5. The student drop-off area shall be located at the southeast corner of the building as depicted on the Conceptual Site Plan. 6. Once one of the uses authorized by this Conditional Use commences, this Conditional Use shall not expire so long as one or the other use is still in use. At such point when neither the school nor the child care center is in use, the Conditional Use shall expire in accordance with the LDC. EXHIBIT C May 2,2013