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Resolution 2010-141 RESOLUTION NO. 10- 1 41 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 WITHIN A RESIDENTIAL SINGLE FAMIL Y (RSF-3) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.02 A.1.c.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, 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 within a Residential Single Family (RSF-3) Zoning District, with an ST/W-4 Special Treatment Overlay pursuant to Subsection 2.03.02 A.1.c.3 of the Collier County Land Development Code on property hereinafter described, and the Collier County Planning Commission has made findings 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 10.08.00.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 Number CU-PL201O-277 filed by Christopher Thornton, Esquire of Becker and Poliakoff, P.A. and Matthew D. McLean, P.E. of Agnoli, Barber and Brundage, Inc., representing Grace Place for Children and Families, Inc., with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a Private School within a Residential Single Family (RSF-3) Zoning District with an ST/W-4 Special Treatment Overlay pursuant to Subsection 2.03.02 A.1.c.3 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and Grace Place CU-PL2010-277 Revised 5/2111 0 10f2 subject to the conditions found in Exhibit "C". Exhibits "A", "B" and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. .- )lJ l,}his Resolution adopted after motion, second, and super-majority vote, this 2ttty of ~,2010, ATTEST,:~.,:\, ;\,:, .. DWIGHT E': B'RO~ CLERK ~;'. ~.'. ,},~ .i',:;' . ~\.c f:. '~eft~Clerk -~"It' ',Il.~ " a.. f"... . ~1"...~ ~,.. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: ~W. ~ FRED W. COYLE, Ch an Approved as to form and legal sufficiency: ~7. L-)'~f . Steven T. Williams !)"I"\ t; Assistant County Attorney 1V Attachments: Exhibit "A" - Warranty Deed Exhibit "B" - Conceptual Site Plan Exhibit "c" - Conditions of Approval CP\ I O-CPS-O I 0 18\24 Grace Place CU-PL20 I 0-277 Revised 5/21/10 20f2 INSTR 4394279 OR 4536 PG 3487 RECORDED 2/12/2010 9:58 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $27,00 CONS $0.00 , \ Q3~ d,-;'"IJ 4/ V /_(;, t ,-v)" ~tf ,. Prepared By: &' JOHN PATTERSON, ESQ. ~ Livingston, Patterson, Strickland & Siegel, P.A, 46 North Washington Boulevard, Suite 1 Sarasota FL 34236 (941) 365-0550 Parcell. D. No. 35753480007 WARRAN'l'y DEED ~ ~~ta.r THIS INDENTURE, ma .~ ~~ day of GctobQr, 2009, between T~.~~~~,,~ . ~~,T CHORCH, INC., formerly THE GOLDEN GATEMETH ' CHORCH, INt~!)'~'\Florida corporation not for profit, whos~/ad ~~is 4300 2~st ~venue, S.W., .Naples, Florida, 34116, G R~~d~'~ST\ I~TRICT, FLORIDA ANNUAL CONFERENCE, ONIT,E!1I.~ .\ '] a successor by merger Fort Myers D~str~~f tee. d ,\M tri~. tst Church, Inc., a Florida corporati~'tJ,;., se. i ~.''t:e'JNorth Honore Avenue, Sarasota, FIOrida,\~. .35-9128, G;] /r~ \~ l~ / ~O (Wherever used hereJ.1r -t,he terms "G NtDI(.' and "GRANTEE" shall include singular an~iQJt~J.., heir. \\,\:fetj'al representatives, and assigns of individua~~rAn~~)$~cessors and assigns of corporations, wherever th€-~~~ admits or requires.) WIT N E SSE T H, that said Grantor, for and in consideration of the sum of TEN AND 001100's ($10.00) Dollars and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to said Grantee forever, the following described land located in the County of Collier, State of Florida, to-wit: All of that portion: Block 30, Golden Gate, Unit 2, as recorded in Plat Book 5, at Page 68, of the Public Records of Collier County, Florida, lying North of a line described as follows: Commencing at the South quarter corner of Section 22, Township 49 South, Range 26 East; thence N 0012'48" W, for a distance of 1433.36 feet along the West line of the SE ~ of said Section 22, to a point on the North right-of-way line of 22nd Avenue S.W., and 145.06 feet Exhibit A OR 4536 PG 3488 . West of the centerline of 43rd Terrace S. W., Golden Gate, Unit 2, as aforesaid; thence East along the North right-of-way of said 22nd Avenue S. W., for a distance of 1085.96 feet; thence North along the West right-of- way of 42nd Street for a distance of 510.00 feet to the Point of Beginning; thence West 761.91 feet to the East right-of-way of 43rd Terrace S. W. and the terminal point of the line. ~~~~~~ (print name of witness) ?-i9a(6- EIJ~l>H' ? Qa.,Uo 'CA..'1 (print name of witness) Any lying West of a line perpendicular to the line described above (bearing N 000' DO" E) and lying 350 feet West of the West right-of-way of 42nd Street as shown on the Plat of ~~n~, Unit 2, as aforesaid. /~\1)R CO(J ',,~ subj ect to ~~/~i'",restrictions, and reservations ot/~~ord, and real~~t6~erty taxes for the year 2009 and/~ui19u~rs. \ \ I / j.ii.-""'-"\.......r"~" \ \ And said Gra~to~~~~~~~~~~' rr~nt the title to said land, and will d~~ \~,~J~~ain\ tL~tlaWfUl claims of all persons whomsoeve ~ "--- '. ~'~ ~ ~ .._~~). ~..""j IN WITNESS "~" Grantor h~~, to set Grantor's hand and seal this day arldrv~~r first abov~,-WT77'tten. " () ;-';',- ./:,(" '. ',.(" ^}-,'-----------~... \ ~,.;- "......../ IfF C\\~J~~ GOLDEN GATE UNITED '-----.:.;:,-:.,..:::....:--METHODIST CHURCH, INC. , formerly THE GOLDEN GATE METHODIST CHURCH, INC., a Florida corporation not for profit By: h~ 13~ Nancy Bisb e Survivlng Dlrector WITNESSES: 2 *** OR 4536 PG 3489 *** · ," . . STATE OF FLORIDA COUNTY OF COLLIER me this . ........ . . ...~ J .. , ..:.:. . n , 3 ~~ ~~; ~H rr! G1-Cl j I OJ ~ r:/) .... ~ ~ :c ~ .- .c >< r:/) W a ~ ~~ ~ j;;:l1 0 -~ 1:i:s .. M ~ ~ ...... ~ I ~ U Z 0 u gj ~ ~ ~~~~~ Z ~~~~:i 0 i;!g~~ ~ ..~ ~ . 'i ~ ~ 0 rr! 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Z ul , :EO: ~~ ~~ Oul C>>- ~~ a:o ~~ >-0: ~~ ~;: a: 0: m~ ~~ ~~ a::I: a:~ B~ ~~ ul::; !:::i= (/):J in ~ ~ '" C> UJ Z ~ ~ ~ ~ z '" ul a: g, ~ In fil '" a:, ~ ~~ 0: ~ffi ul UlQ, o ell) ~ >uJ a: ~~ Q, Q,Q, ~ ~~ '" "'~ ~ ~~ li5 v;~ N ;;; C> Z i5 -' S ID ~ ~ ~ 0: Q, lL < ~ u.. ul 0: ~ :>, ~~ r5<< i1jl!: ~~ iii ;:: ..-----_. ! ~ M - ~ ...... L~~ . i(~ ~ I "2 : ~~ I ~~ :U :z ~ r- '" ~ ~ ~ ~ ::i l:S Q, i ~ fil ~ g ~ ~i5i5tu U) CJ ~ & ~ IU UJ C It) 0 0:: a: CO') ,..;: - :> >- o ~ '" i\: ~ ~ ~ ~ ~ ~). ~ <( a:: 9 i:l .. '" '" li:j ~~ [3~~ II< ~ ' :t~~ [3~~8 ~ II ~ ~ w ~i~~ <Q,U ~cn~~ '" !:: is 51 Z ill a~~ ~ ~~~~ .' ~ o . ~~ '5 ~I ~r:3 .;; ~ ~8 ~ ~' i'~ il:f ,"0 CONDITIONS FOR APPROVAL FOR CU-PL2010-277 1. The Conditional Use is limited to what is shown on the site plan, identified as "Grace Place _ Conditional Use Master Concept Plan" prepared by Agnoli, Barber & Brundage, Inc., dated March 2010. The final design must be in compliance with all applicable federal, state and county laws and regulations. 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, so long as these minor changes remain consistent with all applicable development standards. EXHIBIT C