Resolution 2009-024
RESOLUTION 09- 24
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 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. 01/16/09
Page I on
(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 1O.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition CU-2008-AR-13391 filed by Margaret Perry, AICP, of WilsonMiller, Inc., and
R. Bruce Anderson, Esquire, ofRoetzel & 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 "D", 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. 01/16109
Page 2 on
This Resolution adopted after motion, second and super-majority vote, this n day of
~,2009.
ATTEST:
DWIGHT B..J3ROCK, Clerk
.~~~&C
.~. 'i': D~uty Clerk
-' 4tttl'.,* to..biI ,... ,
.' ).1 Qn.tw. oft I ·
, /tJ,1 . ~:' :.~'.; .:' <.' "
Approved as to form and
legal sufficiency:
".) ... ,
..... ,.;-<,-..-7. \.., , I-
JeffE. Wright
Assistant County Attorney
Exhibits (attached): A.
B.
C,
D.
E,
F.
CPI08-CPS-00894116
Rev. 01/16/09
BOARD OF ZONING APPEALS
COLLIE OUNTY, FLORIDA
~.d~.
By:
..;.,<t/)"I
Jd\\\
Legal Description
Findings of Fact
Conditional Use Master Plan and Boundary Survey
Conditions of Approval
Resolution 04-220
Resolution 98-173
Page 3 on
EXHIBIT A
'\
Legal Description
lEGAL DESCRFTIOII:
PARCEl. 1
AIL 1lVif PAKr OF Bl.OCK 201; GOUJEN ~lE UNIT 6 'ACCORD1/IC 10 TJf: PlAT THEREI1t AS RECORDED IN PlAT BOOK 5, PAGE 124; PfJBl.K:
' RECORDS' OF COWf1/ COUNlY, F1.IlIMA, B!1NG MORE PN11JCWJ/l.Y DESCRIBI:J) AS ,flltLOJIS;
BEING LOIS 3 'THRtJ 6 OF Bl.OCK 201; ,AS SHOWN ON TJf: PlAT OF GOlDEN OOE UNlT 6, SllEIJ J OF 11 NW SHEIJ 5 OF 11, PlAT BOOK 5,
PAGE 124; OFFICIN. RIXOROS OF CWJfR COUNTY. CONrAtN/NG 1.J8 ACRfS IIDI1E OR lESS,
SUBJECT:1O EASDlOOSAND, RESTRlC7JONS OF RECORD. '
PARCEl. 2
All. 1IlIT PAKr OF Bl.OCK 206, GOWEN ~lE, UNIT 6 N:CORD1/IC TO TJf: PlAT Tl/ERfOF AS RECOI/DED IN PLAT BOOK 5, PAGE 124, PUBl.IC
RECORIS OF COWf1/ COUNTY, ~ B!1NG /.lORE PARTICtJUJ/l.Y DfSCR/!lED AS flltLOlIS;
y ~ . .
'8E/NG LOIS 1 THRtJ J Dr Bl.OCK 206, ANJJ mE NORTfI TEN FEET OF THE EAST-MST AJlfY />NO EAST TEN FEET OF TfIE' NORTH-SOUTfI AUfY
' ADJACfl{i..ro,wo COIlllGUOUS, Wll1I SAID L015 As SHOWN ON !HE PlAT OF GW>EN GillE UNIT 6, SHffT 3 OF If, PlAT 8001( 5; PAG< 124;
OFfTrnCREcoROS' OF: COWER COlINTY. 'CONTAJNING 1:79 AalES, MORE' OR WiS.' SV8J[CT TO fASE1/ENl5 ANDRESTR1CnoNs OF RECORD.
pARtEJ. J
All. 11IAT PAKr OF BlOCK 204 ANO 8l.OCK 205, GOWEN GilJr UNlT 6 ACCORDIIIG 10 TfIE PlAT TflERfDF AS RECORDED IN PlAT BOOK 5, PAGE
124, PUfJUC RECORDS OF COUJfJ/ 00UNT'f. FLORJll4,8f1NG MORE PAR1JCtMR1.Y DESCRIBED AS FOt1.DII'S;
8ElNG All OF BLOCK 204, ,wo' AlL OF BlOCK 205 INC/1I5/VE OF 7H[ 5JRD STREET SOUTfIM5T R1GI/T OF WAY AS SHOWN ON TfIE PlAT OF
GOlDEN ~ UNIT 6, SHEET J OF II, PlAT BOOK 5, PAGE 124, OFFICIAL RE'CORDS OF Cou.ifJI COUIfTY. CONTI-JNIIIG 7.<< NiREs MORE OR
LESS. SVBJECT ro fASfMENTS !-NO RESlRICT/DNS OF RECORD.
roTA/. AClIfAGE: 10.01 ACRES MORE OR lISS
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. GTanting the conditional use will not adversely affect the public interest and will not
adversel y 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 theTeon 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 Telation 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 Tecommended for approval.
DATE: \i- t ~./ Dr
CHAIRMAN:Jl1!( cut I) A _)
EXHIBIT B
( 0/ 'I
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 Lan7velopment Code and Growth Management Plan:
Yes No
B,
Ingress and egTess 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:
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: /JJ.// dot
/
MEMBER:~tr/l /.;J;uuit
EXHIBIT B
2. d (1
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 ~
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 pToperties 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 ../"No
- -
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
tl-/t'6h oo~
,
MEMBER:
EXHIBIT B
3 {..J~ (1
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 Devt;lopment 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 [lIe or catastrophe:
Adequate ingress & egress .
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic OT 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
YeSLNo_
Based on the above [mdings, this conditional use should, wi
(should not) be recommended for approval.
DATE: /Z /8 o~
MEMBER:
ations, (copy attached)
EXHIBIT B
'-I of tj
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 OT uses in the same distTict or neighborhood
because of:
A.
Consistency with the Land D~opment Code and Growth Management Plan:
Yes 1/ 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 OT catastrophe:
Adequate ingress & egress /
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect OT _ Affect mitigated by
_ Affect cannot be mitigated
D, Compatibility with adjacent properties and other property in the district:
Compatible use within d~
Yes No
DATE: /;l -- /cf" 1I,~
,A!: 60---:? - V/ G' C /,/.:;r:-
Based on the above [mdings, this conditional use should, with stipula .
(should not) be recommended for approval.
EXHIBIT B
:5 of (")
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 OT uses in the same distTict or neighbOThood
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 frre OT catastrophe:
Adequate ingress & egress
Yes 1--. 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 [mdings, this conditional use should, with stip
(should not) be recommended for approval.
DATE: 1-419/"6
MEMBER:
EXHIBIT B
G u( '1
,-----~
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 D~yelopment Code and Growth Management Plan:
Yes // No
B. Ingress and egress to property and proposed structures thereon with particular
refeTence 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 district
Yes ./ No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: J~ - If( - Or
MEMBER:
;7)/,{)
/<L/ //
L-/ I
EXHIBIT B
-1 c ( (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 OT neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes tI
No
B. Ingress and egress to property and proposed structures theTeon 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
Yesv'
No
C. Affects neighboring properties in relation to noise, glare, economic or OdOT
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: /:L/;j lor
, I /
MEMBER: ;JJP---n"'~ ~~c1. ~
EXHIBIT B
Y d (1
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 GTOwth Management Plan:
Yes V No
B. Ingress and egress to property and proposed structures theTeon 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 Tecommended for approval.
DATE: /2-/-ff'-<?8
CHAIRMAN:
..----.
hv~
EXHIBIT B
(:, c J ej
I -'
.... IO
~ZUO
<1"0 ""I
N....=>U
......JwIl/l
WV1U~
~
~'.
'" ,'i
. I "
., -'...~, ,;
~'- '8
IIJ
El
~
t:j
z
~ ~Il
hi-
l :sri
c
~
I i
~l ;!l
~~Iiii!l
~. tf~,
l !' ~'l'
I I
!ij
"
~
,
~
.
~
. ~~
~ Jti=
" ~~
. 'il
H~
~ ~~~
~ ~ :;
~ S <.
:!
(301M 133J 09)
<i!...J~
-0;:;:;
!i:Oii
~~~
~ ~J
U U
~. U
d o~
il;; ::!t;i
.~ ~~
<~ i~
~ li~ ~i~
t'j ^ ....
;,s,i
~
~
~
~ .
Iw ~~l I
,,:'" o~1 I
i"Io '" ~w~l> I,
~~ v
i:i!~ i~
M'5 8831 ONzr;
~
EXHIBIT C
Pa~E3 1 of 2
.---
~
~
,
I
~
i
;, n ~
~ '" - ::>
~n <t~
~ ~ a Q.
Z r;; 1= ffi
~ a l-
I" 5:1
51 ~ ~ u:i:
","'-
~
z
o
~
II
,-
,~ II
II I il
Ii~ qi
_..J~u_
G--L
"
I ~
II ~
II, ~@l
!il~@
Iii ~
ih~
-I
I I i ,Iii! ii
I ,;, I., 1'1
" I' I ~ I"
, .' -I' 'I-
I Ii I'. 1,\
II I! l~' "
I 1 Iii i;jJ l!ii
'j I 'I~ 'I~~ HP.
1:\ I' III l.lj l'~l ',ri
.; ~IIM II! Ill! 11, ~I'I U~li -h
! ~ l I ~ I:lh~~ I ~il'l! II i!! ilii, il~! ili~
I , · ! l i: 1!'1 :~~ \! !lll~!i P l :1!i::1 :il .1 ~II
II II I ! d: ~ Idllli!!~1 b ~r. il II I '! 'II II ~I li:.~ i
!! Ii ! II i! ~ I !llif.~i~~~~I!~~r~1 i l. i 1! Iii i! 1!1 ~ ~ l
11 III r II: ,11lI.iilull'!;""'I:-u..I,J. ,", I,. 'Ill: " 'I III ',11 "II
I, ., il I I. III ,I ,"II
. I'
t i
01, i I
~d I
g: :! f .
. ~ ,
~ I
! !
a i !
"
i ~
~ ~l
~.......
(It) ..~._ '.....Loa ~ _ J"n,rlMS
~
_~_____(3(JlNo133:Jog) MS tJ(J31 ONl:;--------T------
(1\ S3n.l'STC"'I....."., ~~-
I!l (1O)""""'J~CocI",",,",,"J~ ~I'-CI""''''
~l iij i ). ::' i
, 'I' '~I'R ~ I ~
I I i~ ~ 1'1 I I'! ,
I '~ r+ II> ~
. I' g ': I ~ :.. I
'RI ~ ~iiR:!;::g ~l!i'I;}~>-1
!'~ !i! !"I .... [j~.:I;",
it:;i!! '" t;:: G . u~ ,S,~~~
Iii! _. ::l ~ t a It"... ~ I
0..111 ..J Q!: iE o:~ U I
;iy ! ..----~ ;m::~~~~:=:-====:=mm-m--. i ; I < i
~~\ i ._-m~~m---:mmn~~=-!:n~g::':-mnm--mmnm-., i ~ m - ill :;
~~l .. ~ n
I, I <~~
I l:s :g ~.-srl,ou'C.fUD'
I ~ : II :r 1w'~--;;1';;-"-
i i' 'I' ~ ,:dl Ii
;' l~l l!l'~' I
j I, I ;;:-- ~ ' '
'f: (......n"l.,U..,..,. ,~..........I4.K.,~ J
_\l;_____(.Jo~.a:uog) "MS 8~31 OHf"t;---------
EXHIBIT C
Page 2 of 2
I
.
; "
J I
i: ~
'-"
3H;;
0" .
~~-'"
.<~@
"!;:( .IE
(.~
.h.
i~'~
g~ !
~ ~
~
i
II I
; I I
~i !
In!
!li!i I
i I
i
!iill!
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 [mal 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: Currenl/ Gundlachj Conditional Uses/St. Elizabeth Seton / Exhibit D Conditions 12-2-08
17G ~
RESOLUTION NO. 04 - 22Jl
A RESOLunON PROVIDlNG FOR TIm ESTABLISHMENT OF
CHURCH. SCHOOL, GYMNASIUM AND ACCESSORY USES
CONDmONAL USES "2M AND "3" FOR A CHURCH AND OTHER
PLACES OF WORSHIP AND A PRlVAm SCHOOL IN TIIE"RSF'
RESIDENTIAL SINGLE FAMILY ZONlNG DISTRICT PURSuANT
TO SECTION 2.2.4.3. OF TIlE COLUER COUNrY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
28. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY,
FLORIDA.
WHEREAS. the Legislature of tho SWc of Florida ;" Chapter 67-1246. law. of
Florida., and Cbaptcr 125.' Florida Statutes, has conferred on Collier County the power to
establish. coocdinatc and enforce zoning and such busineu regubtioDS as arc ncc~a:ry for the
protection of the pubJic; and
WHEREAS, the County punruant thereto has Bdopted a Land Dcvelopmart Code
(Ordinance No. 91-102) which includes a Comprcht:n:sive Zoning Ordinance establishing
regulations for the zoning ofpamcnlar geographic division.; oftbe County, among which is the:
granting ofCondition.a.1 Use&:; and
WEEREAS, the Collic:r County Planning COIIlmi.!u::ion, bcing the duly appointed ~d
constituted planning bosrd for the area h.a-eby affected, has held a public hearing ~ Dotice
as to said "Tl:gnlations made and provided" and has considered the advisability of Conditional
Uses "290 and "3" of Section 22.4.3 of the Collier County Land Development Code in an
"RSF" Residential Single Family Zone for a chnn:.h. school, gymnasiton and accessory uses on
the property hereinafter de9cribed, and has found as: a m.attc:r of fact (Exhibit "A") that
satisfactory provision aDd arrangement have been made conceming aU applicable m.a..ttc:rs
required by said reguJations and in accordance with Subsection 2.7.4.4 of the Land
Dcvdopmc:nt Code: for the Collier County Planning Commission; and
WHEREAS. aU intercsted parties have 1>ce.a given opportunity 10 be heard by this
Board in a public meeting assembled :md the Board having CQnsidered aU matt:ers presented.
NOW, TIlEREFORE, BE rr RESOLVED BY TIlE BOARD OF ZONlNG APPE.Al.S
OF COLLIER COUNTY. FLORIDA. that:
The petition, identified as CU~2003-AR-4997, filod by R. 1. Ward. P.E., of Spe:ctrum
Engineering" me. Tepresenting Bishop John J. Nevins and the Carbolic .Axchdiocese ofVt:nico,,'
with respect to the property hereinafter described as:
Exhibit "B N
-1-
EXHIBIT E
lo~ Il.e
17G
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 chW-Ch, school, gymnasium. and
accessory uses in accordance with the Conceptual Master Plan (Exhibit "e") and subject to the
following conditions:
Exhibit "n" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in theminUles of this
Board.
This Resolution adopted after motion, second and super-majority vote.
Done this X) /]/ day of 1 WTJ C. ,2004,
, ,,-~l~' ~!:.'!.,."
A ~~:"'~~::i;~~.~:'.'.">~-:.:...
~,' "'h'i&~" '," >+" '="
DW!<fl1T.. '. ' ~..",=
. .. .,....
Attu€,1:s'..u.' -e~ .. ',~ ,
SIgn.at!lt'(~,l~: ....,.'.)-'/.
~. ~:l>(f~~,M.
BOARD OF ZONING APPEALs
COLLIER COUNTY, FLORIDA
BY, L- d..4.
DONNA CHAIRMAN
Approved as to Fonn and
Legal Sufficiency:
l~Ool'~
llIjo M. Studeht
Assistant County Attorney
CU-200l.AR-4997IMBIIo
IIem' ~
~;~.. {'.'1.2 '0 '-/
""" ..,
- 2.
~'-l h Ib It ~_____
2 c;f _ J l.P __
1 7G ',,~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4997
The following fads 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 OT 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 . na! u
(should not) be recommended for approv
DATE:
6/3104-
I (
CHAIRMAN:
PJji5wJj
EXHIBIT A
E'IHIi?:> lIe
3.01:__1 ( 9
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 WITIIIN
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
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Exhibit "B"
b 'I HI/'?:, ir L
( t r j J .
I Or--(.~
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
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 fl1'C or catastrophe:
Adequate ingress & egress
Yes /' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects;
_ No Jffect 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, - ;" olf
MEMBER:~CMtvP~
EXHIBIT A
r..'-l.H/611t:
G;- 0 r I u
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 V ACA TED 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'''-HI{!, il1::.
U of- llo
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 I No_
C.
Aff::/ighbOring 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 properly 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 n.
DATE: MEMBER: ~
EXHIsn A
t-'l H I B I' t:-:-
--::r c~ /0
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"
~. 'i H 1(3 IrE-'
y; o~ I ~
'~
"1
,-..oJ
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. 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
f
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
DA TE:~/'3 J 4
MEMBER:
~D sc.~~r,"".\.>L.
iT t?
Based on the above findings, this conditional use should, wi stipulations, (Exhibit "D")
(should not) be recommended for approval
EXHIBIT A
Legal Description - CU-2003-AR-4997
'. 7 G '''~..\,.
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
TIIAT 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"
b'lHI(!, ire
(0 of I L.o
17G
FINDING OF FACT
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 wilI 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 0/' 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 findings, this conditional use should, with stipulations, (Exhibit "D")
(should not) be recommended for approval
DATE:!./3/0'-/
'~
MEMBER:
l'NQ<j ~ It L.....r 41f'1
EXHIBIT A
{0.{1--/18 II/:;-
[1 of-- ILo
Ill.
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 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. 'K1-lu3 IT C
I 2- DI- I LtJ
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17G -
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 .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-~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,
(should not) be recommended for approval
DATE:
{;Is/o~
I I
EXHIBIT A
l:.'iHI3Ir c
13 01-- I Lo
, 7G ~-<~.
Legal Description - CU-2003-AR-4997
ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO TIIE
PLAT TIIEROF 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"
t 'iHJib I r 1:;--'
1'---1 O~ IV,
-_u---'--17tr-
;:
,;
:r
'i
:1
I,
:1 I
;1
:, I'
Ii
~! 1
lj r
1: I
(
I
i'
,j
..
,
:..,
t.
": :::j
T:
~
r" ", -1 :
~~:!
[..1[Jl
r , ,
-' :
~1 f ml~ 'ifli~ if~1 ~
liB
r -.... lilll i ijillllill~ 1111
.
g I 'm m JjiJ II i "01 111" ,,"11 ,
1'1'" 1~;li' I','
~ I,. I I'll il; WI if ! II I m I I I." 1111 I.
'1- ,,_ II II I ~
If; Iii 'I i e I If'f
~ .- \i
II jllll;
I .,
11 i J <0
I I,
I \'
I
I m :r.;;:: ~~= IDC,~i~-;-, ".", ' r ;;-] I
__~. :-,,~IID.It""*" .~ "'_ ~J;;;;'~~'~, ~!.e-,;'~,",,:'-i/~ ,
I. ~.._w=.
fXHI&1 r~t
EXlDBIT "c" I ~ of 1(,;
CONDITIONS OF APPROVAL
CU-2003-AR-4997
17G
I. The Department of Zoning and Land Development Review Director may approve
minor changes in the location, siting, or beight 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 CollieT 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"
f''I.HI~ IT I::
/1..0 O~ ILo
LH 4
RESOLUTION 98- 173
A RESOLUTION PROVIDING fOR THE ESTABLISHMENT
Of EXPANSION Of A EXISTING CHURCH, SCHOOL
AND RECTORY CONDITIONAL USES "2" AND ")" IN
THE RSf-) ZONING DISTRICT AND "2" AND "S" IN
THE RMf-J2 ZONING DISTRICT PURSUANT TO
SECTIONS 2.2.4.) AND 2,2,6,) Of THE COLLIER
COUNTY LAND DEVELOPMENT 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 Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and .<.ILlch bu~jness r~guldtions uS arc necessary fa:" t.he
protection of the public: and
WH~RE^S, the County pursuant thereto has adopted a Land
Development Code {Ordinance No. 91-1021 which includes a
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among ~hich
1s the grunting 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'-3 Zone and
Conditione'll 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 regulations and in
accordance with Subsection 2.7.4.4 o( the Land Development Code fOl'
the Collier County Planning Commission; and
WHf.REAS, all interested partles have been given opportunity tG
be heard by this Board in a public meeting assembled and the Board
having considered all matters presented.
-1-
e '{H I LJ, I t F
I of Y
13 ~ 4
NOW, THEREFORE BE IT RESOLVED, BY THE nOARD OF ZONING APPEALS of
Collier County. Florida that:
The petition filen by R. J. W~rd, P.~., of Spectrum Engineeri~g.
Inc.. rep~esenting John J. Nevins, Bishop of Diocese of Venice with
respect to the property hereinafter described as:
E.xhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved (or Conditional Uses "2" and ")"
of Section 2.2.4.3 of the RSF-) Zonir.g District and Conditional uses
"2" and "5" of Section 2.2.6.3 of the RMF-12 Zoning District for
expansion of an existing church, school and rectory, in accordanc~
with the Conceptual Master Plan {Exhibit "C"l.
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
Pl.'
day of
YJ'I"1f..
199B.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:~~~'s~l~; ~\.\
ATTEST:
DWIGHT E, BROCK, Clerr.
Attest .. toChl1naan's
slgn.tus~ only. /
+. {/""'--- ~..') -;. /'.
Approved as to Form and
Legal Sufficiency:
'"nA'r,'''. Y>1,/JuuuL
Harjo ie M. Student
Assistant County Attorney
t/CU-911-i PESOI.UTIOII
.2.
tG~Hlib.l.r
2- of L(
r
l'3A ~'
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 COUNTY, FLORIDA.
ZONING IS RSF-3
ATTACHMENT #2
LEGAL DESCRIPTION:
LOTS 4-6, BLOCK 201, GOl!.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 "\3"
<CY--HI6 i r r
3 Df' Lf
Sant_ Barb.r. C.n.1
I
!
I
I
I
I
I
i
I
!
I
I
I
I
I
J
i
,
I
-..--
~';."1
'1.:/
.' III
::l
. "J
!
i
i
I
I
i
i
i
i
I
i
i
, ')-
< I
.
J
, C
, . 'I
OJ ;;
,~ .
~I
I
":-"I'
t ~~ ~ -.. ---
. .
: : ~ '
, .
..- _.- ~ .. :
/'
,/
!
I
. .. _. .. ..~ .._u
,
. -. ~:-:~.:-Y"
----
!II I i III li!l 11'1 -- .. ..
, :
1I!1
ii- II 'lll!1 Ilil
!!I I I I Iii
I I I t III
l i I
I j'l
I
".-
i
.
UI ST. ELIZABETH SETON CHURCH
~gi
'I
01
CONDITIONAL USE PLAN
S-=-EC.s:::::IL.J1VI ;
- -....
,
Exhibit "e"
f 'i 1-116 i" ("
l3~ 4
~
,
I
I
I
I '
~