Backup Documents 01/27/2009 Item #17F
17F
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.)
****************************.***************************.*.*~*a**********.*****.***'~..*.*
Originating Dept! Div: CDES.lZonin2 Person: Nancy Gundlach, Alep ,t ( .. Date: \ 1- {!{; V
Petition No. (If none, give brief description): CU-2008-AR-1339t, S1. Elizabeth on School and Church Expansion
Petitioner: (Name & Address): Ms. Margaret Perry, AICP, Wilsonmiller, Inc., 3200 Bailey Lane, Naples, FL 34105
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) R. Bruce
Anderson, Roetzel & Andress, 850 Park Shore Dr., 3rd Floor, Naples, FL 34103; Diocese of Venice, Frank J. Dewane,
Bishop, 1000 Pinebrook Rd., Venice, FL 34285
Hearing before BCC
BZA
Other
Requested Hearing date:
hearing.
January 27. 2009
Based on advertisement appearing 15 davs before
Newspapcr(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~2008-AR-13391, Bishop Frank J.
Dewane, Diocese of Venice. represented by Margaret Perry, AICP, of Wi]sonMiller, Inc., and Bruce Anderson, Esquire, of
Roetze] & Andress is requesting a Conditional Use expansion in the Residential MLllti~fami]y (RMF-12) zoning district
pursuant to Collier County Land Development Code Subsection 2.03.02.C.1.c. The proposed Conditional Usc will
supplement the existing Resolution Numbers 98-173 and 04-220 by adding four (4) lots to be used for church and school
related uses including but not limited to a chapel, churchlschool related l)[fices, religious goods store (not to exceed two
thousand (2000) square feet), priests residences, and parking for church and schoo] uses. The subject property is located at
5280 28th Avenue S.W. and 2780 52nd Terrace SW, in Section 28, Township 49 South, Range 26 East, Collier County,
F]orida.
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
Re iewedby: 'rn. /S ~
ivision Administrator or Designee
/~ /-l 'i log
., ,
lJate
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee 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 a copy for file.
****.*******.**...***.*...........*.**.*...*.*********..............................-....-...-...
FOR CLERK'S OFFICE USE ONLY:
Date Received: 12./2.1( /t16ate of Public hearing: 'J a ::t!{fqDate Advertised: ~
17F
RESOLUTION 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
EXPANSION OF AN EXISTING CONDITIONAL USE, AS
APPROVED BY RESOLUTIONS 98-173 AND 04-220, WITHIN
THE "RMF-12" ZONING DISTRICT, PURSUANT TO
SECTION 2.03.02.C.l.c OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, SUPPLEMENTING RESOLUTIONS
98-173 AND 04-220, TO ALLOW ON THE FOUR (4) LOTS
BEING ADDED, CHURCH AND SCHOOL RELATED USES
INCLUDING BUT NOT LIMITED TO A CHAPEL,
CHURCH/SCHOOL RELATED OFFICES, A RELIGIOUS
GOODS STORE, PARKING FOR SCHOOL AND CHURCH
USES AND PRIESTS RESlDENCE(S), ON PROPERTY
LOCATED IN SECTION 28, 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) 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, being the duly appointed and constituIed
planning board for the area hereby affected, has held a public hearing following proper notice of
said hearing, and has considered the advisability of a Conditional Use, as required by Sections
2.03.02 and 10.08.00, of the Land Development Code, to allow church and school related uses
including but not limited to a chapel, church/school related offices, a religious goods store,
parking for school and church uses and priests residence(s) within the Residential Multi-Family
(RMF-I2) Zoning District, on the property described in Exhibit "A," and the Collier County
Page 1 of3
17F
Planning Commission has issued fmdings of fact (Exhibit "B") 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 partics 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, FLORlDA, that:
Petition CIJ-2008-AR-13391 filed by Margaret Perry, AICP, of WilsonMiller, Inc., and
R. Bruce Anderson, Esquire, of Roetzel & Andress, LP A representing Bishop Frank J. Dewayne
and the Diocese of Venice, with respect to the property described in Exhibit "A," attached hereto
and incorporated by reference herein, is hercby approved for a Conditional Use pursuant to
Section 2.03.02 and 10.08.00, of the Collier County Land Development Code, to allow church
and school related uses including but not limited to a chapel, church/school related offices, a
religious goods store not to exceed two thousand (2,000) square feet, and parking for school and
church uses and priests residence(s), in accordance with the attached Conditional Use Mastcr
Plan and Boundary Survey (Exhibit "C") and subject to the conditions set forth in the attached
Exhibit "0", attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution shall supplement Resolution
Numbers 98-173 and 04-220, which remain valid and effective.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
Page 2 of3
17F
;('
This Resolution adopted after motion, second and super-majority vote, this _ day of
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Chairman
, Deputy Clerk
Approved as to form and
legal sufficiency:
Jeff E. Wright
Assistant County Attorney
Exhibits (attached): A.
B.
C.
D.
E.
F.
Legal Description
Findings of Fact
Conditional Use Master Plan and Boundary Survey
Conditions of Approval
Resolution 04-220
Resolution 98-173
Page 3 of3
17r
EXlUBIT A
~
Legal Description
~
/.EG\L DESCRPTIOH:
PARCEl. I
tl.L OOT PAKr OF BLOCK 21)1; GlJllJEN G4lf IJHIT 61CCO//OJNC 10 THE PW rnERfDF AS Rfr;oRDm /1/ PlAT BOOK 5. PtGE 124; PUBUC
. RECOPDS' OF COWER COUHTY, nORl/M, BflNG UOR[ PART!CW.RtY DE5Cf<lB8J ASFVlLOllS;
BEJNG LOIS JrHRU 6 OF BLOCK 201,AS SHOWN ON THE PlAT OF GOlDEN Gm' w.rr 6, SHfU J OF 11 MiD SlIm 5 OF II, PlAT BOOK S,
PtGE 124: omcVIL RECORDS Of COWfJ/ COl.W1Y. COHrMlf//C 1.3B ICR(S UORE OR LESS.
SUBJECT'TO fASElIOOS' tHO. RESTRICTlONS OF RECORD.
PARCEl. '<
AlL oot PAKr OF BWCK ~, GOLDf}/ G4lf.1JHIT 6 ACCORDING 10 ))j( PlAT TlIfREOF AS RECORDfD IN PLAT BOOK s. PAGE 124. PUBUC
RECORDS or COWER COUNTY, f!1JRItll. Bf1HG lJDRE PAIWCiIlARlY DfSC//1Jlm AS RXlJJllS;
y ~ '. :
BElNG LOTS I TIIRU J OF IlLOCK 206, MiDIHfNORTH TEN FEET OF THE DST-WfST AI.1E:Y tHO ruT TEN FEET or'THENOIITH-SOIfTII AlJ.['(
. A/lJACENi..ro MO CON1lGUOUS WIIH still lOTS AS SJ!DWN 011 TIlE Pl.4Tor GOWEN GAlE UNiT 6. SHUT J OF If, I'UU flOOI( 5. p!>I;F: 124.
omcw.~ 'RECORDS.- OF" COWER COOIfrf. CONWNJHC 1:'9 ACRES MORE: OR LESS.: SUBJfCT TO f)SfJJfNlS AND - ~ Of RECORD.
PARCEl. J
ALL TIW PAKr OF BlOCK 204 tHO BlOCK 2OS. GOlOCN CAlf UNiT 6 ACCORDING TO TIlE PU.T mERror AS RECORDED IN PlAT /lOOK S. PtcE
124. puaJC REWRDS OF COWER COUNIY. nOR/1M, BEING lIORE PARJ1CLlARiY OESCRIIllJ) AS FOlLOItS;
/JEJNC AlL OF BlOCK 204, NIfi ALL Of 1Jt0CK 205 /NCI../JSM Of rnr SJRIJ STREET SOUlJIifEST R1GHf Of WAY AS SHOWN 011 TIlE PLAT Of
GOlDEN GAlE UNIT 6. SHEET J OF I I. PlAT BOO/I' 5, PtcE 124. OmctAL RECORDS Of toLuER COUIfTY. COIrTMilNG 7.# NiffES IAORE OR
lESS. SVBJECT 10 EASEIIEN1S AND RESJRK:1TOHS OF RECORD.
1VTA/. ACREA.GE: 10.01 ACRES MORE OR LES?
J.?F
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use wj>hin district
Yes./ No
\...
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: \1/;-[ %/ Dr
CHAIRMAN:.i!~r k
EXHIBIT B
17F I
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 0 f:
A.
Consistency with the Land ~velopment 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 I
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
1 No affect or __ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
yesJ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: /dj/ ?jol
MEMBER: Ji.l,(/\ /!-/r;uttd;
EXHIBIT B
l7F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 ~_
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. Affccts neighboring properties in relation to noise, glare, economic or odor
eff~
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district ~
Yes~o
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recorrunended for approval.
DATE:~L!l<6/2 00'1
,
MEMBER:~~
EXHIBIT B
l7F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
I. Section 10.08.00 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 /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:
~o affect or ~ Affect mitigated by
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, wit
(should not) be recommended for approval.
ations, (copy attached)
DATE: 12 /8 61>
MEMBER:
EXHIBIT B
17F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COM:MISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 D~opment Code and Growth Management Plan:
Yes~ No
B.
lngress 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 /
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within distric/
Yes ./ No
DATE: /;:L ~ /c:f 11"'-
A!:bu-:?- V/&C/~
Based on the above findings, this conditional use should, with stipula .
(should not) be recommended for approval.
EXHIBIT B
l7F .!
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
I. Section 10.08.00 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 0 f:
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 Y-.- No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ 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 stipu ations, (copy attached)
(should not) be recommended for approval.
DATE: l~\9/C6
MEMBER:
:S<:'~\FM-
EXHIBIT B
~
17F ;1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-I339I
The following facts are found:
1. Section 10.08.00 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 v No
B. Ingress and egress to proper;tY and proposed structures thereon with particular
reference (0 automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes J/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
._ 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.
DATE: J;) - Ie - of
.----..---
MEMBER:
~"'f.7
y . /
/ //
/. /
L// I
EXHIBIT B
l7F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 / 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:
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
I
Yes_ No
Based on the above [mdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
p.h r /0 'I
. / I
MEMBER:
;JJYn"':'-" ~~ ~
EXHIBIT B
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17F
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 irigress & egress
Yes v No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects :
,/ 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
Yes'/ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: /Z.-/d?-<?~:;
CHAIRMAN:
z:~
EXHIBIT B
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EXHIBIT C
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EXHIBIT C
Page 2 of 2
CONDITIONS FOR APPROVAL
FOR
l?r
CU-2008-AR-13391
1. The Conditional Use is limited to what is shown on the site plan, identified as "Conditional
Use Master Plan" prepared by WilsonMiller, Inc., dated November 2008. The final design
must be in compliance with all applicable federal, state and county laws and regulations.
2. The uses shall be limited to a chapel, church/school related offices, a maximum 2,000-
square foot religious gift store, priest residences and parking.
EXHIBIT D '
G: Current! Gundlach/ Conditional Uses/St. Bizabettl Seton / Exhibit 0 Conditions 12-2-08
l7F
17G ~
RESOLUTION NO. 04 - .22J2
A RESOLUTION PROVIDING FOR TIll! EST AllUSHMENr OF
CHURCH, SCHOOL. GYMNASIUM AND ACCESSORY USES
CONDmONAL USES "2" AND "3" FOR A CHURCH AND OT1lER
PLACES OF WORSHIP AND A PRlV ATE SCHOOL IN THE "R8P"
RESIDENTIAL SINGLE F AWL Y ZONJNG DISTRICT l'URSUANf
TO SECTION 2.2.4.3. OF THE COllIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SEcnON
28. TOWNSHIP 49 SOlITH, RANGE 26 EAST, COLLIER COUNTY.
FLORIDA.
WHEREAS, 1m:: Legi!;laturc of the Stztc Df Florida in Chapter 67-1246, La.ws of
Florida" and Cbapter 125.' Borida Statute;. has confcned on Collier COlD1ty the powc::r to
establish. coordinate and enforce zoning and &UCb business reguhtions as lire IlCCc&Sooy f()r the
protecr:km of the public; and
WHEREAS, th, County purwant _ Iw odoptcd a Land Dovelopmart Code
(Ordinance No. 91-102) whi.ch includes a Com~hensive Zoning 0nlin3llCe establishing
re~lations for the zoning of particobr goographic divisions oftbc County. IllIlOng which is the
granting ofCanditiana.l Uses;; arxl
WHEREAS. the Collier County Planning Commimon, being the duly appointed ~
constituted planning board for the ara. hereby ~ has held a public hearing a.fU:r notice
as iu said. rcgulationa made and provided. and has consi.dered tho advisability of Conditional
Uses "2"' and "3" of Section 22.4.3 of the Collier County Land Developmcm Code in an
"RSF" Residcnti.JJ Single Family Zone fDt iI. church. school. gytrmaSiwn and accessory uses on
the property hereinafter described, and has found as a matter of fact (Exhibit "A") that
satisfactory provili.ion and ~t have been Ill.alh: conceming all applicable :rn.s..tt.crB
required by said n:gu1a.tions and in accordance with Subsection 2.7.4.4 of rbe Land
D~ment Code fer the Collier County Planning Commission; and
WHEREAS, an intc:re~ed puti~s have been givCll opportunity 10 be heard by this
&ard in a public meeting asg:mbled 3I1d the Board having cansi&red all mat1en> pre$Q'Jled..
NOW. THEREFORE, BE IT RESOLVED BY TIlE BOARD OF ZONING APPEAlS
OF COLLIER COUNTY, FLORIDA. tIut:
The petition, idc:ntificd LS CU-2003-AR-4997, filed by R. J. W.ro,. f.E-, of Spectrum
Engineering. me. representing Bishop John J. Nevins and. the Catholic .Archdiocese eiVen-ice;
with respect to the property hereinafter described as:
Exbibit "B"
.1-
EXHIBIT E
-.
17F
17G'
attachaJ. hereto and incorporated by re:fcrcnce herein be md thco lame is: hereby IIpproved for
Conditional Uses '-:Z" and "3" ofScctioD 22..4.3 of the Collier County Land Developmmt Code:
in an "RSFw Residential Single Family Zoning District for a cbutcb. scboo~ ~ and
accessory uses in accord.ance with. the CODCcptual Master Plan (E.xhibit "C") and subject to the
following conditiom::
Exhibit "0" which is aUa:.hod hereto and Inc01"p012ted by reft:e"CbOe herein..
BE IT FURTdER. RESOLVED that this :Resolution be recorded in th~ minutes of this
Board_
This R.esolutioD adopted after- motion.. second and supcr-m:dority Vote.
Doncthis .JA /j/ dayef 1U/71t:.. .2004.
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BOARD OF ZONING APPEAlS
COlLIER COUNTY, FLORIDA
BY, f/b:u L1{
DONNA CHAIRMAN
Approved as to Form. and
Legal Suffici~
]~~ ~1~
acjo M. Stud
Assistant County Altomc;y
OJ-200J....ur.Am1M1Mo
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17G
-
FINDING OF FAcr
BY
COLLIER COUNTY pLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
L Section 2.2.432. and 3. of the Land Development Code authorized the conditional
uses.
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 offue or catastrophe:
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No Jlffect or _ ~ect mitigated by
L Affect cannot be nntIga!ed .
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, (Exhibit "D")
(should not) be reco=ended for approval
DATE:H_/6lf
MEMBER:~cv.t,P~
EXHIBIT A
J7F ~
'. 7G~"
FINDING OF FACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
C1J-2003-AJl-4997
The following facl3 are fOllnd:
1. Section 2.2.4.32. and 3.ofthe Land Development Code anthorized the conditional uses.
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: .
_~o affect or. _ Affect mitigated by
~ Affect cannot be mitigated
D. Compmibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
...."" '"' "'~ m"'"'' "'" -~ ~~ _"""D"J
(should not) be recommended fur 8fJprov~
DATE: G/3/of CHAIRMAN: 1l..1l) /I tJJ
EXHIBIT A
17F
17G -
FINDING OF FACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are fmmd:
1. Section 2.2.4.32. and 3. of the Land Development Code authorized the conditional
uses.
A.
Consistenrth the Land Development Code and Growth Management Plan:
Yes L No
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:
B.
Ingress and egress to property and proposed structures th=n 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 t/ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
eff/
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~o
Based on the above findings, this conditional use should, with stipulations,
(should not) be recommended for approval
DATE: 0/5/0(
EXHIBIT A
17F
"I.
17G
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CO-2003-AR-4997
The following facts are found:
1. Section 22.4.3.2. and 3. of the Land Development Code authorized the conditional
uses;
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 particnlar
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case offire 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
_ Affect cannot be mitigated .
D. Compatibility with adjacent properties and other property in the district:
Compau"l. use witbin district
Yes/ No
Based on the above findings, this conditional use should, with stipulations, (Exhibit "Dj
(should not) be reco=ended for approval
DATE:{,/ 3/04
MEMBE~
1.., "'>:><f !\illt <-<;.1-' d I ('l
EXHIBIT A
L?F
17G
FINDING OF FACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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.
Consist=cy with the Land Development Code and Growth Managem=t 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 al:CCSS in case of fire or catastrophe:
Adequate ingress & egress
Yes 1-/ No
C. Affects neighboring properties in relation to noise, glare; economic or odor
effects:
/
V
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL
No
DATE: &/3/4
MEMBER:
Based on the above findings, this conditional use should, wi
(should not) be reco=ended for approval
~'O s<'-'&W'f-i:\L-
I.
EXHIBIT A
l7F
17G
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
. FOR
~-2003-AJR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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. Consistenc/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, tmffic flow
and connol, and access in case of fire or catastrophe:
Adequate ,ingress & egress
Yes I No_
c.
Aff=7ighboring properties in relation to noise, glare, economic or odor
effe, ~,_
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adj aeent properties and other property in the district:
Compatible use within dis~
YesL No
Based on the above findings, this conditional use should, with stipulations, (Exhibit "D'')
(should not) be recommended for approval f;"'
DATE: MEMBER: !t(f
EXHIBIT A
17G
Legal Description - CU_2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124--134, INCLUSIVE OF
niB PUBLIC RECORDS OF COLLIER coUNTY, FLORID^-
1lIAT PORTION OF 53RD sTREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EAsEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBUC RECORDS OF COLLIER coUNTY, FLORIDA.
Exhibit "B"
J.7F
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EXHIBIT "e"
CONDmONS OF APPROVAL
CU-2003-AR-4997
I. Tbe 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. Expansion of the uses identified
and approved within this Conditional Use approval, or major changes to the
approved plan, shall require the submittal of a new Conditional Use application,
and shall comply with all applicable County ordinances in effect at the time of
submillll1, including Division 3.3, Site Development Plan Review and Approval,
of the Collier County Land Development Code, Ordinance No. 91-102.
2. A Type "D" landscape buffer shaIJ be provided in lieu of the masonry or concrete
wall required by Subsection 2.6. 11.4.2.
EXHIBIT "D"
ITt
1
r
17G
17F
ACCOUNT #068779
December 29,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2008-AR-13391: St. Elizabeth Seton School and Church Expansion
Dear Legals:
Please advertise the above referenced notice on Sunday, January 11, 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
NOTICE OF PUBLIC HEARING
17r
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, January 27, 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 EXPANSION OF AN EXISTING CONDITIONAL
USE, AS APPROVED BY RESOLUTIONS 98-173 AND 04-220, WITHIN THE
"RMF-12" ZONING DISTRICT, PURSUANT TO SECTION 2.03.02.C.1.c OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE, SUPPLEMENTING RESOLUTIONS
98-173 AND 04-220, TO ALLOW ON THE FOUR (4) LOTS BEING ADDED,
CHURCH AND SCHOOL RELATED USES INCLUDING BUT NOT LIMITED TO A
CHAPEL, CHURCH/SCHOOL RELATED OFFICES, A RELIGIOUS GOODS STORE,
PARKING FOR SCHOOL AND CHURCH USES AND PRIESTS RESIDENCE(S), ON
PROPERTY LOCATED IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
Petition: CU-2008-AR-13391, Bishop Frank J. Dewane, Diocese of
Venice, represented by Margaret Perry, AICP, of WilsonMiller,
Inc., and Bruce Anderson, Esquire, of Roetzel & Andress is
requesting a Conditional Use expansion in the Residential Multi-
family (RMF-12) zoning district pursuant to Collier County Land
Development Code Subsection 2.03.02.C.1.c. The proposed
Conditional Use will supplement the existing Resolution Number 98-
173 and 04-220 by adding four (4) lots to be used for church and
school related uses including but not limited to a chapel,
church/school related offices, religious goods store (not to
exceed two thousand (2000) square feet), priests residences, and
parking for church and school uses. The subject property is
located at. 5280 28th Avenue S.W. and 2780 52nd Terrace SW, in
Section 28, Township 49 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,
which record includes the testimony and evidence upon which the
appeal is based. 11 .
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
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
December 29,2008
eOlipJy-6feqllier
CLERK OF THE elRCUIT COURT
, \
COLLIER COUNTY tOURTBOUSE
3301 TAMIAMl tRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 31101-3Q44
l7r
Dwight E. Brock
Clerk of Courts
'P
""'y"
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
R. Bruce Anderson
Roetzel & Andress
850 Park Shore Dr., 3rd Floor
Naples, FL 34103
Re: Notice of Public Hearing to Consider Petition: CU-2008-AR-13391:
St. Elizabeth Seton School and Church Expansion
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, January 27, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, January 11, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
resa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierc1erk.com
Fax (239) 252-2755
Email: collierc1erk@collierclerk.com
Dwight E. Brock
Clerk of Courts
-'~~.._.~---'-,
" , /~
'eow.nty:ofC~llier
lJ,._"'" \. "
CLERK OF THE ClRCUIT COURT
COLLIER COUNTY COURfHOUSE
3301 TAMIAMI ~IL EAST
PO. BOX 4\3044
NAPLES. FLORlDA34101-3044
l7F
December 29, 2008
'f'
'4"1;,"
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Diocese of Venice
Frank 1. Dewane, Bishop
1000 Pinebriik Rd.
Venice, FL. 34285
.
Re: Notice of Public Hearing to Consider Petition: CU-2008-AR-13391:
St. Elizabeth Seton School and Church Expansion
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, January 27, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, January 11,2009.
You are invited to attend this public hearing.
Sincerely,
IGHT E. BROCK, CLERK
ptfft-Wt ~
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.colliercIerk.com
Fax (239) 252-2755
Email: colliercIerk@colliercIerk.com
December 29, 2008
'en~~f}Tofe611ier
a,.,"^" \, '
CLERK OF THE L~RC{JIT COURT
COLLIER COUNTY COURtHOUSE
3301 TAMIAMI "$AIL EAST
PO. BOX 413044
,
NAPLES, FLORIDA ~4101-3044
l
17F
Dwight E. Brock
Clerk of Courts
':w::
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Ms. Margaret Perry, AICP
WilsonMiller, Inc.
3200 Bailey Lane
Naples, FL. 34105
Re: Notice of Public Hearing to Consider Petition: CU-2008-AR-13391:
. St. Elizabeth Seton School and Church Expansion
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, January 27, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, January 11, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~L
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239)252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Teresa L. Polaski
17r
To:
Subject:
legals@naplesnews.com
CU-2008-AR-13391 (last one)
CU-2008-AR-13391.doc; CU-2008-AR-13391.doc
Attachments:
Legals,
Please advertise the following on Sunday, January 11, 2009. Thanks
~
,WI "I
D
CU-2008-AR-1339 CU-2008-AR-1339
l.doc (28 K8) l.doc (29 K8)
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa. Po las ki@collierclerk.com)
1
Teresa L. Polaski
17F
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, December 30,200810:13 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
ATT96342.txt; CU-2008-AR-13391 (last one)
1~.-..-...--1.
~
[<-.-1
L..:.J
ATT96342.txt CU-2008-AR-1339
(231 8) 1 (last one)
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
CU-2008-AR-13391 (last one)
Page 1 of 1
Teresa L. Polaski
17F
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Friday, January 02, 2009 11 :59 AM
To: Teresa L. Polaski
Subject: RE: CU-2008-AR-13391 (last one)
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk.com]
Posted At: Tuesday, December 30,200810:13 AM
Posted To: Legals Done - NON
Conversation: CU-2008-AR-13391 (last one)
Subject: CU-2008-AR-13391 (last one)
Legals,
Please advertise the following on Sunday, January 11, 2009. Thanks
<<CU-2008-AR-13391.doc>> <<CU-2008-AR-13391.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 las ki@collierclerk.com)
1/2/2009
Naples Daily News
1./6/2009 4: 52
E'ore: gn Accom~, t NL:~!"'.be r
JuB 77 9
Ad .
1765945
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$524.54
Name (Prima:::'y',
Bee/ZUNING ::EPI\.R':'MEN'~'
Cornpa~y I~ri~ary'
Street :i (P:;:'ina:::yi
2300 N HOB~ESHOE DR
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3,11 84
Pr.or:e (Prinary)
(239) :(32-2476
C1ass C:O<:'1e
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HOTICE OF Pl.IlKlC ""EARING
lIlQ':i(:e is nt'l'eby ~llVen that ~e C50arc of Cou'\ty
Cocnm.JiOMrs, . ti'lel!loarCl of Zoning Appea.. of
Collier COunty wllll10td apublle hl'.lel"ng em Tues-
dllt, J4nu(u')' 27,2009 in the !JOlllClroOlT'. Jrc Floor,
A",','''''''' "",~..., CDI'''' """'" .",.."""",
Center, ]]OlEast Tam;arr;l Tral;Napll!S, Floriga.
Themeethg wll begn I!t t:QO A.M. The ttle of'lhe
pr~a14.'(j "csOlUtlcn .. IS follows;
A RESOLUTION OF THE; ~RC Of ZOMING APPeALS
0' COl.L'R COUNTY. FLORn<. """''''NO '00 TH'
EXPA"~ION Of AN EXlsrlNG CONOrrlONAi.. l,se A.S
APPROVED i5Y RESOLlJTlONS H.r13 AND De-,bO,
WITH" THE "AM'."" ZON,,,,, c'SrR""; PU!!1'JANT
TO SECnON 2~C3.02.c.~ OF THE COLL E~ IAiUNTY
LAND DEVEI.OPMEN1' COOE, SJPPLEME~nNG ItiiSD-
~g~~~:MJ'Tr~~'l.OA8'Dlit.'bi8~"l'N"I; ~,1!1i.
Rf;:LATED .J5ES INo..UOING BUT NOT i.IMITEU 70 A
CHA..... CHURCH1SCHOOL RELATED OFF,CEU RE.
i..IGlOUS MOD! StORE, PAR'<'INQ FOR SCHOOLANO
CHiJRC"'I USES ANO PRESTS RESIDENCE'S), ON
PROPERTY LOCATED 'N SECrlON a. 'OWN"". ..
SOUTH, RANGE 26EA.ST, CXlllER COUN'!'V, FLMIOA.
P<<itioo: CU.2a8-AJH3381, BiJOOr;l frll1k J. Dew<Wle,
DIoca:~ of v'ent:e. reprcse"!tCd by MllI"Qa'ec perry.
A,ICP, of WllsonMiller', lnc., ana Bruce Anoerson, ES-
!;lUre. or Roe",J:e1IlAnd"eu Iii "WlliJl!ltlng nCond'.
tlpnallJSCE'XpmlSlon ntheRes'de\tlal P.I..ltt:I.tam:~
(RMH2) zonng dl5tr\ct purSiWlt to Collier Coun~
Lane Development C,)ue $Li)Iec:tlon U8.02.c.u,
The proposed Conditional iJse wUl suppkrnmt the
e)(iJtf'lG ResokltlOn NiJmtler 98.173 and 04-22<l by
addIng four (4) loti to be ..sed tor <;Fli,/'eh ana
schoor~elateC uses lncUdlng but rIot I&T:ted to B
chapel, cn...rctVschool rdlltecl ott\c., 'el1giol.ls
goods stor,(l'\O't to _c:e<<i 'M'ot'1ou$dl'ui (2COO)
Seluate teet), priests rtlllJd8'l~. and park1ng for
cnurct'l tIrld setlool us.. The JUotectmr,o ~ 15 lO-
cated a:: e;280 2ttl'1 A.VCJlue s.w...4 52rid 1'er-
race SWJ. Jr. Section 28. TownshIp. Ollth. R..ge
26Eaft,\;ollle' Coumy, FIorM:lI:.
NOTE: All PO'soos w&hlng to WeM 0/'1 8I1Y-lGenda
Item rtlm reg tit.. with'lhe countyAdrn,nktrllttlr
'.rlO' '.E.."....!!!. Ion of..IJ"....... '&m'ImIP.!'''','
ress_. nllv, ualsp_etS"wllbe ",_to
mhutes on any tern. Tnelflec'l:lDn of., !nclNiCual
"'Oeok on ..... or an "''''''....ion or grOllO ~
eneouraaed. Ifr8COO'11Hd oythifCt\ar, &5pr,j(e!i-
person fOr a group or orlil..1Ktlon mlfi be illotted
10mlnut. tosp"Q'l~~
PG'son, w.'lng tIC Mtewrt!:8l or g,.,hic rnete"J..
I.. inck.lqecl lti tn. Bo&:'l'l agenel. p;ackets mJSt
slbmttsu: mat8'laI amlrmum of3\i1it1d(a prior to
~r<<f::1~~:Ii&)n::~I.r..~ :-:;ewr~8J
ShUb" subm l'l:ed to me -,proprJate ~nty !taft
PAGE
2/3
RightFax
l?F
Naples Daily News
f.,"hirT1U~' .;,tStlVEr1 ~ arlOr to the j;lui:llbil..--
'I)g. Ail mete"1e.11JSed in p'4!$l!I'Ital:11)M before the
SOMd will be<:CIlTlf ap..mUlw part. ot the recon:l.
Any person who decldf$ to .-:peal B c1eclsJon of
tht 1304l'Q will Mtt4" record (A U'Ml Drocooclhgs
ptrtalnlng thereto anll tn8"efore. may /leIel:l to fll'I.
sure that a verbat:m record of" proeeealnp ~
J'"\aQe, wtllt.'h "ecprd fickle. tne t.trnonYlJllcl
(tildence upon whIM the app81.1 . b...
If you arc" p~non with II.dllllPll~ who neeQS &'1'/
G.~ommQdet'on 1rl orger topart;(:~ate nth>> pro-
ee<<lq,you llI'~entltlecl. a.t no COSl: to '1t\\1, toth'!
lircvls'on o1'certalfl_lI".lntG. ~ecfJl'l'bK:'tt'ut
Collier COUnty Fa&!lltl. M8'I1G<<nelt Declft'ntI'Tt.
locEteci lit 33"01 Tamlami TraTl East, Bulldln~ W.
...,., florida 341Ll. (21')212-8314 ...,,,'" I.-
't8'\lng devlt. torN futll""" mpared ar.elall-
sbtelii'tleCnJntyClYl'!ITllslklners' ~
BOAqO ~ to.M'oITY COMMISSKlNERS
6QARO lE ZCWING APPEA:'S
COUlER CCUNTV . ~ :.0A1l)A
TOM ,~ENN tolG, Q-lAlRf\IiAH
OWIQ-IT :.~, CL.ERl<
By: nresaPo"'~l.l)eplft) Clerk
~
11
NCI.t'ftI!IIM!i
116/2008 4: 52
PAGE
:3/3
RightFax
17F
Naples Daily News
Naples, FL 34102
17F
Affidavit of Publication
Naples Daily News
,-~-c-^_7--~:'-)t..:_,: _ ''''__~
.~~~~
e:,..",'.,_.',.'.".,:.,.',.'.:":,.......__i...,.::.:.;
--------------------------------------------------..
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59550784
4500096189
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
PUBLISHED ON: 01/11 01/11
AD SPACE:
FILED ON:
188.000 INCH
01/12/09
Sworn to and Subscri before me this
Personally known by me CilCL.
of ~jHI...(I<A) 20 09
.' -.':; >. C,HANEL A ivlCDONALD
',' '" ommlsslon 50475
'.c.;.,....jj Expires June 29, 2011
"',Si..;'~'\'" lJDcdedTr^" Trl'v Fel" In,urilnreSOO-385-7019
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 ? r 1.'
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE r ~
Print on pink paper. Attach to original document. Original document~ 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. I[the document is already complete with the
excention of the Chairman's signature, draw a line throue:t routine: lines # I throul!'h #4, comnlete the checklist, and Forward to Sue Filson Hne#5\
Route to Addressee(s) Office Initials Date
(List in routino order)
1. Judy Puig CDES Administration II :)11O't
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe 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 statf for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Nancy Gundlach '(\
January 27, 2009
Agenda Item Number
239-252-2484
l7.F.
Yes
(Initial)
N.G.
N/A (Not
A licable)
Phone Number
Resolution
::If- oq - 02
Number of Original
Documents Attached
N/A
N.G.
N.G.
N.G.
~
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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 Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibly State Officials.
All handwritten strike-through and revisions havc been iniIialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and thc Clerk 10 the Board
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.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on l/27/09 (euter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coon Attorne's Office has reviewed the chao es, if a licable.
I: Formsl County Formsl Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised] ,26.05, Revised 2.24.05
2.
3.
4.
5.
6.
17F
MEMORANDUM
Date: January 29,2009
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2009-24: CU-2008-AR-13391
St. Elizabeth Seton
Enclosed please find one copy of the document referenced above,
Agenda Item #17F, adopted by the Board of County Commissioners
on Tuesday, January 27, 2009.
The original document will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
RESOLUTION 09- 24 ~
17F
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
EXPANSION OF AN EXISTING CONDITIONAL USE, AS
APPROVED BY RESOLUTIONS 98-173 AND 04-220, W1THIN
THE "RMF-12" ZONING DISTRICT, PURSUANT TO
SECTION 2.03.02.C.1.c OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, SUPPLEMENTING RESOLUTIONS
98-173 AND 04-220, TO ALLOW ON THE FOUR (4) LOTS
BEING ADDED, CHURCH AND SCHOOL RELATED USES
INCLUDING BUT NOT LIMITED TO A CHAPEL,
CHURCH/SCHOOL RELATED OFFICES, A RELIGIOUS
GOODS STORE, PARKING FOR SCHOOL AND CHURCH
USES AND PRIESTS RESIDENCE(S), ON PROPERTY
LOCATED IN SECTION 28, 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) 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, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing following proper notice of
said hearing, and has considered the advisability of a Conditional Use, as required by Sections
2.03.02 and 10.08.00, of the Land Development Code, to allow church and school related uses
including but not limited to a chapel, church/school related offices, a religious goods store,
parking for school and church uses and priests residence(s) within the Residential Multi-Family
Rev.0I/16/09
Page 1 of3
17r
(RMF-12) Zoning District, on the property described in Exhibit "A," and the Collier County
Planning Commission has issued findings of fact (Exhibit "B") 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition CU-2008-AR-1339l filed by Margaret Perry, AICP, ofWilsonMiller, Inc., and
R. Bruce Anderson, Esquire, of Roetzel & Andress, LPA representing Bishop Frank J. Dewayne
and the Diocese of Venice, with respect to the property described in Exhibit "A," attached hereto
and incorporated by reference herein, is hereby approved for a Conditional Use pursuant to
Section 2.03.02 and 10.08.00, of the Collier County Land Development Code, to allow church
and school related uses including but not limited to a chapel, church/school related offices, a
religious goods store not to exceed two thousand (2,000) square feet, and parking for school and
church uses and priests residence(s), in accordance with the attached Conditional Use Master
Plan and Boundary Survey (Exhibit "C") and subject to the conditions set forth in the attached
Exhibit "0", attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution shall supplement Resolution
Numbers 98-173 and 04-220, which remain valid and effective.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
Rev. 01116/09
Page 2 of3
17r
This Resolution adopted after motion, second and super-majority vote, this n day of
~,2009.
ATTEST:
DWIGH'FE..BROCK, Clerk
- ~" .. '.' ", '.> .~
V,'
BOARD OF ZONING APPEALS
COLLIER OUNTY, FLORIDA
d~
~~%~&c
c .... '. " . "p'eputy Clerk
., .tteSt, ..,.to.'l.flC f I'IMIl ,
S.1gnat.Yrf.(lli. ·
i?,~ . r:-,';::_'\' "
Approved as to form and
legal sufficiency:
:\1
,,'J, ,)-<-.~/. ~,' .
JeffE, Wright
Assistant County Attorney
Exhibits (attached): A.
B.
C.
D.
E.
F.
CPI08-CPS-00894116
Rev. 01116/09
By:
~{t>'- \,.0'
!.c2\V
c, \\\
Legal Description
Findings of Fact
Conditional Use Master Plan and Boundary Survey
Conditions of Approval
Resolution 04-220
Resolution 98-173
Page 3 of3
Item #
,q.\=
Agenda ,I 'J" Icfj
Date ~
17F
f
EXHIBIT A
'\
Legal Description
LEGAL DfSCRIP7/01/:
PARCEL 1
ALL. mAT PARr OF BLOCK 2Dl, GOI.DEN ~lE UNff 6N:CORDING TO THE PLAT 11iEREDF AS REcoiwm IN PlAT BOOK 5, PAGE 124; PUBUC
RECORDS' OF COWER COUNTY, fLDR1IJA, BfIOO !.fORE pAR11CIAARLY DESCR1BiJJ AS JOOlill'S;
BEING LOIS JlHI?U 6 OF BLOCK 201; AS SHOWN ON TIlE PlAT OF GOI.DBI G4lE UNff 6, SHill J or fl !XD SHEET 5 OF II, PlAT BOOK 5,
PAGE 124; omClAl RECORDS or COWER COUWY. CONTAINING 1.38 ACRES MORE OR lESS,
SU8JECTTO EASEMENTS AND RESJRICrlONS OF RECDRD.
PARCEL 2
ALL OOT PARr OF 8LOCK 206, GOWEN ~lE. UNff 6 ACCORDING TO THE PLAT 11iEREOF AS RECORDED IN PlAT 800K 5, PAGE 124, PUBLIC
REGOR~ OF COWEJI' COUNTY,fLORIO'., moo MORE PNmW/ARtY DESCR11lED AS flXlOWS;
'Y- ~ . .
BEING LOIS 1 11iRU J or BLOCK 206, AND 11iENOR11i!EN FEU OF 11iE 1AST-1YE5T ALLEY AND EASf!EN FEU OF 11iENOR11i-SOUTII ALLEY
. ~Cf)ltJO NlD GOIfllGUOUS. WI1H SAID LOTS AS SHOWN ON !HE PlAT OF c;DLOEN GATE UNff 6, SHEET J OF II, PW IlDOK 5; PAGE 124,
OF!1Cl4C'RECOROS' OF COWER COUNJr: CONTAJNING U9 ACRES. MORE' OR LESS.' SUBJECT TO EASEMENTS NlD'RESTRiCooIIS OF RECORD.
PARCEL J
ALL mAT PARr OF BLOCK 204 ANO BLOCK 205, GOWEN GAlE UNIT 6 ACCORDiNG TO THE PlAT 11irnEOF AS RECORDED IN PlAT BOOK 5, PAGE
124, PIIBUC RECORDS OF COllJER COUNT'f. FLORIO'., BEiNG MORE PARnctJ1A/ILY DESCRIIlED AS FD!lDWS;
BEiNG N:L OF BLOCK 204,ANri AU OF BLOCK 205 INCLUSiVE OF 11iE 5JRQ STREET SOUlI/WEST RIGIIT OF WAY AS SHDWN ON 11iE PlAT OF
GOLDEN G4lE UNIT 6, SHEET J OF 11, PlAT BOOK 5, PAGE 124, DmClAl RECORDS OF COl1JER COUNTY: CONTAINING 7.44 ACRES MORE OR
LESS. suwm TO EASEMENTS !XO RESfRlCnONS OF RECORD.
TOTAl. ACRfAGE: fO.Ol ACRES MORE OR lESS
17F
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 affecCother 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
yesJ.No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/NO affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use wJhin district
Yes / No
\-
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
CHAIRMAN t{~. r A ,
EXHIBIT B
/ 01 '1
DATE: \i-\ %/ Dr
17F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 Lan7velopment 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 /
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
j No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
yesJ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: /~// ?jot
/
MEMBER: litV/1 /~it
EXHIBIT B
}_ c( C]
17.F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 0 f:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~
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
effL
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district ~
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
(Lit <6/2 t>off
,
MEMBER:
EXHIBIT B
:3 d t)
17F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10,08,00 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 /~o
- -
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:
~o affect or _ Affect mitigated by
Affect cannot be mitigated
~
D, Compatibility with adj acent properties and other property in the district:
Compatible use within district
YesL No_
DATE: Iz /8 o~
MEMBER:
Based on the above findings, this conditional use should, wit
(should not) be recommended for approvaL
lations, (copy attached)
EXHIBIT B
Lf cl ()
17F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 D~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 of fire or catastrophe:
Adequate ingress & egress /
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within distric~
Yes ./'" No
DATE: /,;1.. .-" /cf V .~
/C: 6c,--:f ~ t//~C /c/~
Based on the above findings, this conditional use should, with stipula .
(should not) be recommended for approval.
EXHIBIT B
S of ("1
17F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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-.L 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:
--L- No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adj acent properties and other property in the district:
Compatible use within district
YesL No
Based on the above fmdings, this conditional use should, with stipu ations, (copy attached)
(should not) be recommended for approval.
DATE: l-4l9/€
MEMBER:
EXHIBIT B
(., of Cl
17r
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 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:
No affect or _ Affect mitigated by
_ 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 [mdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE )~ - /({ - of
MEMBER:
.~ f)
/VZ;/ //
f.....--/ I
EXHIBIT B
1 Dr C1
17r
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
1. Section 10.08.00 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 vi
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:
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
I
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: /:J);r/(J'I
. / /
MEMBER J.f/,rn",<--. ~~d ~
EXHIBIT B
Y cl ci
17F {
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13391
The following facts are found:
I. Section 10.08.00 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 v No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
./ 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
Yes'/ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: /Z--/ff-<?8
CHAIRMAN:
z:~
EXHIBIT B
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CONDITIONS FOR APPROVAL
FOR
CU-2008-AR-13391
I. The Conditional Use is limited to what is shown on the site plan, identified as "Conditional
Use Master Plan" prepared by WilsonMiller, Inc., dated November 2008. The fmal design
must be in compliance with all applicable federal, state and county laws and regulations.
2. The uses shall be limited to a chapel, church/school related offices, a maximum 2,000-
square foot religious gift store, priest residences and parking.
EXHIBIT D '
G: Current! Gundlach! Conditional Uses/St. Elizabeth Seton / Exhibit D Conditions 12-2-08
17G "
RESOLIJITON NO. 04 - .22J:l
A RESOLunON PROVIDING FOR THE ESTABLISHMENT OF
CHURCH, SCHOOL, GYMNASIUM AND ACCESSORY USES
CONDmONAL USES "2" AND "3" FOR A CHURCH AND OTHER.
PLACES OF WORSHIP AND A PRIY ATE SCHOOL IN TIlE "RSF"
RESIDENTIAL SINGLE FAMILY ZONING D1STRlCT PURSUANT
TO SECflON 2.2.4.3. OF TIlE COLLIER. COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED.IN SECTION
28. TOWNSHIP 49 SOUTH. RANGE 26 EAST, COD.lER COUNTY,
FLORIDA
WHER.E.A.S. the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125,. Florida Statutes, has conferred on CoHier County the pOWer to
establish,. cooaiinatc and enforce zoning and sucb busincts regulations: as arc nccc:ss.ary for the
protection of the puhJic; and
WHEREAs, the County pW1ruant thereto has adopted a Land Dcvelopmcat Code
(Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divi!cions of the County. among which is the
~ting of Conditional Us.es; and
WHEREA.s, the Collier County Planning CornmisEion., being the duly appointed and
constitllted planning board for the area haeby affected" has held a public hearing after- Dotice
as in said "regulations made and provided.. and has coo.s:idc:red the advisability of Conditional
Uses "2" and "3" of Section 22.4.3 of the Collio- Co1D1ty Land Developmc::nt Code in an
"RSP Residential Single Family Zone for a chnrth. school, g)'Innasium and accessory uses on
the property hercinafter d~cribed, and has. found as a matter of fact (Exhibit "A") that
s.atisfactory provision and arrangement have been made concerning: all applicable Il1attl:n;
required by said regulations and in accordance with Subsection 2.7.4.4 of the Land
Development Code for the Collio- County PlBIlnmg COmmission; and
WHEREAs, an interested parties have been given opportunity 10 be heard by this
Board in a public meeting assembled and the Board having considered all rna1t.ers presented.
NOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF ZONING APPEALs
OF COLLIER COUNTY, FLoRIDA, tlut:
The petition, identified as CU<2003~AR-4997. filed by R.. 1. Wa:td, P.E., of Spectrum
Engineering. Inc. representing Bishop John J. NevLos and the Catholic Archdiocese OfV01icc,"
with respect to the PIUp(;rty hereinafter described as:
Exhibit "B"
-1-
EXHIBIT E
l 0 ~ IL
17F
.!SUi.__
17r
attached hereto and incorporated by reference herein be and the same is hereby approved for
Conditional Uses "2" and "3" of Section 2.2.4.3 of the ColIier County Land Development Code
in an "RSF" Residential Single Family Zoning District for a church, school, gymnasium, and
accessory uses in accordance with the Conceptual Master Plan (Exhibit "CII) and subject to the
17G
following conditions:
Exhibit "D" which is attached hereto and incOlpOTated by reference herein.
BE IT FURTHER RESOLVED that Ibis Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote.
Done this ':<J, r:J day of 1 wn t. ,2004.
. ","1\"!.~' C!t,!.:"
A /"-,,~~,~';<".~-'~::'-~:..
D~~ !iii~~iERK
Attt$€.~:~'-e~;f
s t!lNt~t"'~.l~:..... ..:..Y."
Pu.,' 4",,;t"'f~~ ,}.C.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: L, ~.~
DONNA , CHAIRMAN
Approved as to Form and
Legal Sufficiency:
l~ OJI"~
aIjo M. Stude t
Assistant County Attorney
CU.200).AR-4997IMBllo
,,"". VI&-
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3.ofthe Land Development Code authorized the conditional uses.
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:
~o affect or _ Affect mitigated by
_ 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 condi . nal
(should not) be recommended for approv
DATE:
6/3/of
I (
CHAIRMAN:
pJj6w!/
EXHIBIT A
fYHI6lre
. 3oL_I( 9
17J
1 7 G ,"OW
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSNE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDNIDUAL LOTS WITIlIN
BLOCKS 204 AND 205, WERE V ACA TED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
f '{ H i (1;, It t.:'
'{ oftiJ-
J 7F
1 7G
-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
I. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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:
_ No jlffect or _ Affect mitigated by
.L 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, (Exhibit "D'')
(should not) be recommended for approval
DATE: r, - ;... oq
MEMBER:~~P~
EXHIBIT A
f\(HII!;,!/C
,;- OP IlJ
l?r
17G
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
y-. '{HIe. I r [--
Lv of- I u
17r
17G
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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. Consistenc/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.
Aff:~~iighbOring properties in relation to noise, glare, economic or odor
effej ....T~
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within dis~
YesL No
Based on the above findings, this conditional use should, with stipulations, (Exhibit "D")
(should not) be recommended for approval ~. ~
DATE: MEMBER: ~f
EXHIBIT A
/;1HIt3 I' t:
-=r diG
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
---
f' '{ H /-3 I I I:::
<6 O~ /L
17F
:7'1
L'::: ~ .'
'J
'1/ ~"? r-
). 1/' i~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17G
CU-2003-AR-4997
The following facts are found:
1. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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 l,,/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~
v No affect or _ Affect mitigated by
_ 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, wi stipulations, (Exhibit "D'')
(should not) be recommended for approval
DATE: &/,1,}4
MEMBER:
~D Y'bW-\ltL
EXHIBIT A
\
f;:'t.HII3 jl E-
el of- Iu,
17F
Legal Description - CU-2003-AR-4997
'. 7 G "~IlII!~.
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
fiH/f:> IT C
10 of- 1l.P
17F
1. 7G
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following facts are found:
I. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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
_ 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 fmdings, this conditional use should, with stipulations, (Exhibit "D")
(should not) be recommended for approval
DATE:t./3/04
MEMBER: ~
J..'NO"( 1\t>1!'L..<..rdJf'l
EXHIBIT A
C'-iHIi3 II 1:;-
1 l of- I u
1~.
fL
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
c2 KHu3 IT c:
(2.- 01- I LP
----~'~'_.....,..,.,."....~~--
l?F
17F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
'1.,7G
-
CU-2003-AR-4997
The following facts are found:
I. Section 2.2.4.3.2. and 3. of the Land Development Code authorized the conditional
uses.
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.
Consistenrth 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: .
I-~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~o
Based on the above findings, this conditional use should, with stipulations, xhibit "D")
(should not) be recommended for approval
DATE:
(;/~/o~
{ I
EXHIBIT A
l:::;,~HI3 Ir E
13 of-- llo
17F
1 7G ~...'~~
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEROF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THAT PORTION OF 53RD STREET S.W. BETWEEN BLOCKS 204 AND 205, AS
WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN
BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION
NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
f 'iHvb I r c:'
1,--/ O~ /Lo
17F
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ExmBIT "C"
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CONDITIONS OF APPROVAL
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17G
I. 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. Expansion of the uses identified
and approved within this Conditional Use approval, or major changes to the
approved plan, shall require the submittal of a new Conditional Use application,
and shall comply with all applicable County ordinances in effect at the time of
submittal, including Division 3,3, Site Development Plan Review and Approval,
of the Collier County Land Development Code, Ordinance No, 91-102.
2. A Type "D" landscape buffer shall be provided in lieu of the masonry or concrete
wall required by Subsection 2.6, 11.4.2.
EXHIBIT "D"
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RESOLUTION 98- _.!23
A RESOLUTION ?ROVIOING fOR THE ESTABLISHMENT
Of EXPANSION Of A EXISTING CHURCH, SCHOOL
AND RECTORY CONDITIONAL USES "2" AND "3" IN
THE RSF-3 ZONING DISTRICT AND "2" ANO "5" IN
THE RMf-12 ZONING DISTRICT PURSUANT TO
SECTIONS 2,2.4.3 AND 2.2.6,3 Of THE COLLIER
COUNTY LAND Cr.VELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 28, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS. the Legislature of the State of Florida in Chapter
67-1246, Laws of F'lorida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
cnfo'c~ zoning ilnd SLlr:h bu~iness r(:guldtions c1S ilrc necessary fo~ the
protection of th~ public; a~d
i'lHEREAS, the County pursuant thereto has adopted a Land
Development Code {Ordinance No. 91-102J which includes a
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which
1s the g~tlntinq of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby
affected, has held a public hearing after notice as in said
regulations mdde and provided, and has considered the advisability of
Conditional Uses ~2" and ~3" of Section 2.2.4.3 in an RSF-) Zone and
Conditional Uses "2" and "5" of Section 2.2.6.3 in an RMF-12 Zone for
expansion of an existing church, school and rectory on the property
hereinafter described, and has found as a matter of fact (Exhibit
"A") tha~ satisfactory provision and arrangement have been made
concerning all applicable matters required by said regul~tions and in
dccocdance with Subsection 2.7.4.4 o( the Land Development Code for
the Collier County Planning Commission: and
WHP.REAS, all interested parties have been given opportunity tG
be heacd by this Board in a public meeting assembled and the Board
having considered all matters presented.
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NOW, THEREFORE BE IT RESOLVED, BY THE nOARD OF ZONING APPEALS of
Collier County, florida that:
The petition filed by R. J. W~rd. P.E., of Spectrum Enginceri~g,
Inc., representing John J. Nevins, Bishop of Diocese of Venice with
respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Uses "2" and ")"
of Section 2.2.4.3 of the RSf-3 Zor.ing District and Conditional uses
"2" and "s" of Section 2.2.6.3 of the RMF-12 Zoning District for
eYopansion of an existing church, school and rectory, in accordance
with the Conceptual Master Plan (Exhibit "C").
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion. second and majority vote.
Done this
.t.(,
1998.
YT/'d-
day of
BOARD or ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:\~~~ ~(~
BAR . RA B, BER. C "
ATTEST:
DWIGHT E, SROCK, Cler~
~tt.st .s toCh.1noa~'s
s:;.~on11. ,rj
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Approved as to torm and
Legal Sufficiency:
~rj~ii~'~: rrJd~U'~
Assistant County Attorney
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ATTACHMENT #1
LEGAL DESCRIPTION:
(O.R. 1112, PG. 1617)
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 5. PAGES 124-134. INCLUSIVE Of
THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
THAT PORTION OF 53rd STREET S,w. BETWEEN BLOCKS 204 AND 205. AS WELL
AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN BLOCKS 204 AND
205. WERE VACATED BY COLLIER COUNTY RESOLUTION NUMBER 79-20
RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLIC
RECORDS OF COLLIER COUNlY, FLORIDA.
ZONING IS RSF-3
ATTACHMENT #2
LEGAL DESCRIPTION:
LOTS 4-6, BLOCK 201. GOI!.DEN GATE UNIT 6 ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5. PAGES 124-134. INCLUSIVE OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
ZONING IS RMF-12
Exhibit "13"
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ST. ELIZABETH SETON CHURCH
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