HEX Final Decision 2015-47 HEX NO. 2015—47
HEARING EXAMINER DECISION
PETITION NO. CU-PL20140001610 — Grace Place for Children and Families, Inc.
requests a new Conditional Use for a private school pursuant to Section 2.03.02.A.1.c.3 of
the Land Development Code in order to amend Resolution No. 10-141, which established a
conditional use for a private school within a Residential Single Family (RSF-3) zoning
district, by increasing the maximum student capacity from 164 to 258 students, and
amending the Conceptual Site Plan to increase the number and overall size of proposed
buildings, and modify the size and location of parking areas, access driveways and water
management areas for property located west of Collier Boulevard and north of Golden
Gate Parkway in Section 22, Township 49 South, Range 26 East, Collier County, Florida,
consisting of 4.01± acres.
DATE OF HEARING: December 10, 2015.
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
10.08.00 D of the Land Development Code has been met and the petition is approved.
ANALYSIS:
No members of the public were in attendance and staff has received no objections. No members
of the public attended the neighborhood information meeting.
This is a new conditional use that modifies the prior conditional use (Resolution No. 10-141).
DECISION:
Petition Number CU-PL20140001610, filed by Laura DeJohn, AICP, of Johnson Engineering,
Inc., Jim Carr of Agnoli, Barber & Brundage, Inc., and Richard Yovanovich, Esq., representing
Grace Place for Children and Families, Inc., with respect to the property hereinafter described in
Exhibit "A", is hereby approved for a Conditional Use amending Resolution No. 10-141, for a
private school within a Residential Single Family (RSF-3) zoning district pursuant to Section
2.03.02.A.1.c.3 of the Land Development Code, in order to:
1. increase the maximum student capacity from 164 to 258 students;
2. increase the number and overall size of proposed buildings;
3. modify the size and location of parking areas;
4. modify the size and location of access driveways; and
5. modify the size and location of water management areas.
[14-CPS-01379/1227409/1172 1 of 2
These changes shall be in accordance with the Conceptual Site Plan attached as Exhibit "B", and
subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Warranty Deed
Exhibit B—Conceptual Site Plan
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
The approval of this conditional use is subject to the following condition(s):
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURTS, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
9)4(.1
11 -14 - 1 " •
Date Mar Strain, Hearing Examiner
Appr ed as form and legality:
ScottA. one
Assistant County Attorney
[14-CPS-01379/1227409/1172 2 of 2
INSTR 4477848 OR 4607 PG 2170 RECORDED 9/23/2010 10:31 AM PAGES 4
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC @.70 $7,700.00 REC $35.50
CONS $1,100,000.00 Exhibit "A"
Page 1 of 2
RECORD AND RETURN TO:
o Scott W.Duval,Esq.
o Brennan,Manna&Diamond,P.L.
A v 3301 Bonita Beach Road,Suite 100
°O ~ Bonita Springs,FL 34134
-.2)' This instrument prepared by:
o , Alison H.Haskins,Esquire
,,I o Livingston,Patterson, Strickland&Siegel, P.A.
►,ri 46 North Washington Boulevard, Suite 1
`��° Sarasota,FL 34236
(941)365-0550
Parcel I. D.No.35753480007 -
WARRANTY DEED
THIS INDENTURE, mat t1i%,s.- t.4 .;��z,,,, tember, 2010, between SOUTH
WEST DISTRICT, FLORI t •O.*' UAL CON` 5F1T, E, UNITED METHODIST
CHURCH, INC., a Florida o 4 ofit corporation, whose ad. ess is 2049-B North Honore
Avenue, Sarasota, Florida 423; ( e "Grnt-er"} • , GRA E 'LACE FOR CHILDREN
AND FAMILIES, INC., .`Flo id. n.n- . .ora on wh+se ddress is 4300 215t Avenue
SW,Naples,FL 34116 (th- "G e f
(Wherever used herein the terms "t t∎ a afil... de s' • : at d`'51 ral,heirs, legal representatives, and
assigns of individuals,and the succe-.lit:. d assigns of corporations, :herever the c, t o admits or requires.)
W I T N E S S E T r"' ' .t said Grantor, ford'.,, 'ee ideration of the sum of TEN
DOLLARS ($10.00)and other =b ..d valuable consid- a o' to said Grantor in hand paid by
said Grantee, the receipt whereo ei'e . . . .. :0 as granted, bargained and sold to
said Grantee forever, the following . itkOliriall er.: ed in the County of Collier, State of
Florida,to-wit:
All of that portion of Block 30, Golden Gate, Unit 2,according to the plat thereof
recorded in Plat Book 5, Pages 65 through 77, of the Public Records of Collier
County,Florida, lying North of a line described as follows:
Commencing at the South quarter corner of Section 22, Township 49 South,
Range 26 East; thence N 0°12'48" W, for a distance of 1433.36 feet along the
West line of the SE ''A of said Section 22,to a point on the North right-of-way line
of 22nd Avenue S.W.,and 145.06 feet West of the centerline of 43r 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.
Subject to valid easements, restrictions, and reservations of record, and real
property taxes for the year 2010 and subsequent years.
1
OR 4607 PG 2171
Exhibit "A"
Page 2 of 2
•
And said Grantor does hereby fully warrant the title to said land, and will defend the
same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day
and year first above written.
WITNESSES: SOUTH WEST DISTRICT, FLORIDA
ANNUAL CONFERENCE, UNITED
---- R�� HODIST CHURCH, INC., a Florida
//`._ r corporation;41'1 1, B : 0 alLAA,-4=6
'• 0 ; SZolv fir A ',... - -\--------- A #
wr]( mmuti `ar i►r id arris,as President
prin ame Tab •O1' •dr:° 2)49- North Honore Avenue
i
�• i ta FL34235
� � `k }
print name of witness) 0)-„',. ...\.iliv,
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this !(0 day of September,
2010, by Rev. David Harris, as President of SOUTH WEST DISTRICT, FLORIDA ANNUAL
CONFERENCE, UNITED METHODIST CHURCH, INC., a Florida non-profit corporation, on
i n who is personally known to me or who has produced UL
as identification.
`) I$1a0 ob-30-1Z
W otary Public tate of Florida
My Commission Expires: kW .A 11014
I• A 4,p otary LIMA BOYLE
s� L ..M Y Public-State of Florida
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Exhibit "B"