Resolution 2016-030 RESOLUTION NO. 16- 3 0
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA DENYING PETITION CU-
PL20140000543 TO ESTABLISH A CONDITIONAL USE TO
ALLOW A CHURCH WITHIN AN ESTATES (E) ZONING
DISTRICT PURSUANT TO SUBSECTION 2.03.01.B.1.C.1 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A
4.05± ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF
PINE RIDGE ROAD (C.R. 896), ONE-QUARTER MILE EAST OF
INTERSTATE 75, IN SECTION 17, 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, on September 17, 2015 and November 5, 2015, the Collier County Planning
Commission held properly noticed public hearings to consider Petition CU-PL20140000543 to
establish a Conditional Use to allow a church within an Estates (E) Zoning District pursuant to
Subsection 2.03.01.B.1.c.1 of the Collier County Land Development Code on the property
hereinafter described; and
WHEREAS, on January 26, 2016 and February 9, 2016, the Board of Zoning Appeals,
being the duly appointed and constituted planning board for the area hereby affected, held
properly noticed public hearings to consider Petition CU-PL20140000543 to establish a
Conditional Use to allow a church within an Estates (E) Zoning District pursuant to Subsection
2.03.01.B.1.c.1 of the Collier County Land Development Code on the property hereinafter
described; 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-PL20140000543 filed by Tim Hancock, AICP, of Stantec
Consulting Services, Inc., representing The Summit Church, with respect to the property
hereinafter described in Exhibit "A", be and the same is hereby DENIED in accordance with the
transcript of the proceedings of the public hearings held before the Board of Zoning Appeals on
January 26, 2016 and February 9, 2016.
2/9/16
C>�
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and filed with the County Clerk's Office.
This Resolution adopted after motion for approval of this Conditional Use failed to
achieve the necessary four of five votes for passage of the Conditional Use, this 9thth day of
February, 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, ERK COLLI ' COUNTY, FLORIDA
frw b�
By i ' " e foL By
4 __Deputy Clerk Donna Fiala, Chairman
Attest ; ai an
signature only.
Ap ego ved as to form and legality:
Scot A. Stone
Assistant County Attorney
Attachments: Exhibit A—Legal Description
2/9/1 6 `�.
INSTR 5097107 OR 5130 PG 3880 RECORDED 3/20/2015 8:32 AM PAGES 2
DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC @.70 $1,539.30 REC $18.50
CONS $219,900.00
Exhibit A
Prepared by:
Jamie Evans
Legal Assistant
Sam J Saad 111,PA
2670 Airport Road South
Naples,FL 34112
239-963-1635
File Number: 4117 6811
Will Call No.:
Consideration:S219,900.00
Parcel Identification No.38334120000
Prepared without Opinion of Title.
[Space Above This Line For Recording Data]
Warranty Deed
(STATUTORY FORM-SECTION 689.02,F.S.)
This Indenture made this 26th day of Febr a l _ rr LT Holdings, LLC, a Florida Limited
Liability Company whose post office aaltlr s -2590 Golden to arrkway,Suite 106,Naples,FL 34105
of the County of Collier, State of Flor}fja;grantor*,and The Summit Chtrch, Inc., a Florida not for profit
corporation ,whose post office address is,92~1,0 stere-TtarkEommfts 131vd, Suite 9, Estero,FL 33928 of
the County of Lee,State of Florida,grantee" _ \
Witnesseth that said grantor, for aid t coi sidet4atib¶f t) s gf �EI�'A*D 14O/100 DOLLARS ($10.00) and other
good and valuable considerations to s`t g-agthc. h d a ' id gratttee tbe`re eipt whereof is hereby acknowledged,
has granted, bargained, and sold to the s aii grantee, and grantee'slheirs aid as*forever, the following described land,
situate,lying and being in Collier CoQ1i \Florida,to-wit: 'f
All of Tract 42, GOLDEN\ FI ESTATES UN.I' 's_NQ. 33, according to the plat
i
thereof as recorded in Plat k A gPage , P�iblat: Records of Collier County,
Florida,less and except the Nort h` fketL t - "l
Grantor warrants that at the time of this conveyance, the subject property is not the
Grantor's homestead within the meaning set forth in the constitution of the state of
Florida,nor is it contiguous to or a part of homestead property.
Subject To:easements,restriction and reservations of record common to the subdivision,applicable zoning
ordinances and taxes accruing subsequent to December 31,2015.
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances.
DoubleTimev