Resolution 2009-189
RESOLUTION NO. 09- 1 89
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
PRIVATE SCHOOL AND/OR DAY CARE RELATING TO THE
EXISTrnG RELIGIOUS FACILITY WITHrn THE ESTATES (E)
ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.B.1.C
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 29, TOWNSHIP 28 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.
;W04-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of a Conditional Use of a private school and/or a
day care related to the existing religious facility within the Estates (E) Zoning District pursuant to
Subsection 2.03.01.B.1.c of the Collier County Land Development Code on the property hereinafter
described, and the Collier County Planning Commission has made findings as described in Exhibit IlAIl
that the granting of the Conditional Use will not adversely affect the public interest and the specific
requirements governing the Conditional Use have been met and that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and in
accordance with Subsection IO.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.
1
NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-2009-AR-14137 filed by Heidi K. Williams, AICP, of Grady Minor &
Associates, P.A., representing St. Monica's Episcopal Church, Inc, with respect to the property
hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a
private school and/or day care related to the existing religious facility within the Estates (E) Zoning
District pursuant to Subsection 2.03.01.B.1.c of the Collier County Land Development Code, in
accordance with the Conceptual Site Plan described in Exhibit IIC" and subject to the conditions found in
Exhibit "D". Exhibits "B", "c" and "D" are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
Tbis Resolution adopted after motion, second, and super-majority vote, this ~y of
-S v-f:r-009
ATTEST: .' ....::. Or'
DWIGHT E. BROC:({~ Clerk
By:
DONNA FIALA, Chairman
<. ;.' . - .. ,,>
,t....... ..f;'"
Approved as to form
and legal sufficiency:
I~~' 7 wQ~ I
Steven T. Williams s-(..J ,.:/./.C)"r
Assistant County Att():rney....
Exhibits attached:
A.
B-
e.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions
2
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU~2009-AR-14137
The following facts are found:
I. Section 10.08 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-J 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-1- No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effejts:
~ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible Uithin district
Yes No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: rj/fj07
~J1r~ }1lktd
J1U14'v1:wR.
Exhibit A
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2009-AR-14137
The following facts are found:
1. Section 10.08 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 I No Wi CHIIIJ't€3
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 tu/ S!JP IKJJI~IIJ,J
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ti'" Affect mitigated by <text> /AJ. J ~ n p ~t-t:J l71J~
_ Affect cannot be mitigated '/ '
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes I No Wi ~71I'Ut."n~/J..s
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:~
~ flIh1n"~,,d. t~
Exhibit A
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2009-AR-14137
The following facts are found:
1. Section 10.08 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~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects :
1. 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
YesL No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: .9". -4.. c> 9
ctZ{t<<~A
~~
Exhibit A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are fOWld:
CU-21AR 116; ~/31
1. Section 10.08 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 --1l- No _ lNl~ Sf\P.
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 <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes-L No
DlTE: ~(]Nt \<71 ZOrfJ.
MEMBER:
Based on the above findings, this conditional use should, with "ipulations, (copy attached)
(should not) be recommended for approval.
Exhibit A
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2009-AR-14137
The following facts are found:
1. Section 10.08 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 wi1I;Jhe Land Development Code and Growth Management Plan:
Yes t/ 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:./
~o 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.
/11 f? -./.11. ~ er
~.eHAIR.1yfAN .
DATE: C -I 9- - !
'u
.d f
y/ '- ,/
l ,/
I
V
Exhibit A
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2009-AR-14137
The following facts are found:
1. Section 10.08 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^~ 'S\'~u-Jc.J;-c.J
---
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 1/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or / Affect mitigated by <text> ~vJ!v3 ( )(2<. .+-.s ).,ft0 d\Vt...,
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes i/" No
&-<J S'+)pt.-J b...rkJ
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: 0 -(&>-0)
CHAIRMAN: fv1WvLt />J&-~
I
Exhibit A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
CU-2Mti-AR~
2"07 1'1 137
I. Section 10.08 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 /::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:
C.
Adequate ingress & egress /
Yes~ No
Mfects neighboring properties in relation to noise, glare, economic or odor
effects:
~ affect or _ Affect mitigated by <text>
_ Mfect 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:
,;,,~ 9
I I
MEMBER:OL~
Exhibit A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COl'11)pSSION
FOR fJi(
A CONDITIONAL USE PETITION
FOR (!q,Zd{!r-
<,n.?oo...~ R.9'P9- - /1/1
The following facts are found:
1. Section 10.08 ofthe 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 Land7e elopment 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:
C.
Adequate ingress & egress /
YesL No
Affects neighboring properties in relation to noise, glare, economic or odor
effects'
~o affect or _ Affect mitigated by <text>
_ Affect GalIDot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within d~
Yes_ No
Based on the above findings, this conditional use should, with . ulations, (copy attached)
(should not) be recommended for approval.
DATE:
MEMBER:
Exhibit A
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2009-AR-14137
The following facts are found:
1. Section 10.08 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 ingres~ egress
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
ho 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_
CIIAIR1I-WL,.
;f:.6~ T t/ / Ci-./.
Based on the above fIndings, this conditional use should, with stipulations, (cop:
(should not) be recommended for approval.
DATE: /,//t!~lf
Exhibit A
LEGAL DESCRIPTION
TRACT 130~ TRACT 131 LESS THE EAST 80 FEETt AND THE EAST 165 FEET OF
TRACT 111, GOLDEN GATE ESTATES, UNIT No. 97 AS RECORDED IN PLAT
BOOK 7, PAGES 95 AND 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LESS THE NORTH 50 FEET THEREOF FOR ROAD RIGHT-OF-WAY
AND THE SOUTH 30 FEET THEREOF THE ABOVE DESCRIBED THREE
PARCELS. CONTAINING 4.996 ACRES MORE OR LESS.
Exhibit B
.~,.,."""-t
--z-
I
i
~I
.1
Ii
I
t
I
I
I
t
I
I
I
I
I
t
I
,
I !
, ~
I I
j i
I
I
t
I
,
I
I
I
,
I
I
I
,
I
,
i
,
I
,
r
J
I
t
I
I
I
,
I
,
I
I
I
I
I
r
I
.uMPlA'!Utl
RLV.ISI":alllHOZ
F: :~ ::"0 T :0<:;-:-::: :-:::-: ::;-:-::: ::-;;: T
IT · ... ......11............ ............ ........1 .
. .........
n
I~ 51
II ~i
II Ii
I I
,
, . I
I
. . . ~i ' . I
. t ~ I .. I
. . 'J, ' ' I
' . "I' .
. . . S .' I
I
I I
~
9
i
~ I
'J
[ffiffi[fffJffi
Nou.y.u.ww:nn
""' _ rt) 'DL'f'J.SI '1:tHIHOZ
'i
-= I~ n
I '1 .. ~:
!! !! . . .
~~:llly5 in
tI Iii
n ._
m
I
A
~ z
.. :5
ti 0-
~
~ Iil
l'l ~
i ja
a.
~
:i ~
u
..
~
~
..:
..
~I !
. !
~ii' i
~ 3 it i
o. x
"'!" . a
'" ~.
~JH~
~ I it ? m
o I..
~=. j E
~~ .
>- -I' I.
~ I &1 t U
". ~
eYE 1 +-'
......
.0
~
~
, I
!
1
! i
-. f
;
CONDITIONS of APPROVAL
CU-2009-AR-14137
St. Monica's Episcopal Church
1. No pick-up, drop off or parking shall be allowed on Autumn Oaks Lane for the
kindergarten - 12th grade school or child day care located at St. Monica's
Church. "No Parking" signs shall be posted along the southern edge of the
retained vegetation area north of Autumn Oaks Lane.
2. The maximum building square footage shall not exceed 28,700 for the site.
3. The structures shall not exceed an actual building height of 44 feet and zoned
height of 30 feet.
4. The applicant has agreed to limit the school functions to 5 days a week and agree
not to conduct school activities before 7:30 A.M. and no later than 9:00 P.M.
5. The applicant has agreed to phase the enrollment of students by limiting
attendance to a maximum number of 20 new students during the first year of the
project, and subsequent years at 20 students per year until the expanded capacity
as designed in the current FDOT IROX project at 1-75 and Immokalee Road (CR-
846) becomes available.
6. Maximum enrollment for the private school shall be 100 students or 90 students
for the weekday child care center.
7. After-school programs are limited to the pre-kindergarten to 12th grade school
functions for registered students until the expanded capacity as designed in the
current FDOT IROX project at 1-75 and Immokalee Road (CR-846) becomes
available.
8. At the time of the next development order the applicant shall modify the access
points shown on the site development plan to limit the western driveway to
ingress only and the eastern driveway to egress only.
9. That the existing vegetation along the southern portion of the property, to the west
of the existing conservation easement, and as depicted on the conceptual site
plan shall be maintained at its present state, regardless of whether that portion of
the property becomes subject to a conservation easement.
Revised on 7/29/2009
Exhibit D