Resolution 2001-070
13A2
RESOLUTION NO. 01- ~
A RESOLUTION PROVIDING FO~ THE ESTABLISHMENT
OF CONDITIONAL USE "20" OF THE "A" ZONING
DISTRICT FOR SPORTS INSTRUCTIONAL SCHOOLS AND
COMMERCIAL RENTING OF HORSES AND TRAIL RIDES,
PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 12, TOWNSHIP 50 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. 91-102) 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 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 made and provided, and has considered the advisability of Conditional Use "20" of the "A"
zoning district of Section 2.2.2.3 in an "A" Zone for sports and recreational camps for training and
commercial renting of horses and trail rides on the property hereinafter described, and has found as a
matter of fact (Exhibit II A") that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 ofthe Land
Development Code for the Collier County Planning Commission; 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:
The petition filed by Richard D. Yovanovich, of Goodlette, Coleman and Johnson, representing
SunVac Corporation - SM&H Stables, with respect to the property hereinafter described as:
Exhibit liB" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "20" of Section 2.2.2.3 of the "A" Zoning
13A2
Exhibit "D" which is attached hereto and incorporated by reference herein.
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 ,~?/l~1~ day of.~~~ ,2001.
Attest As to ChMrm=fl'$
Monature onl$.
. .'ATTEST: ,;
.... "' DWIGHT E::BRocK, Clerk
· ,:~: .,· , ',::: { .:
- ::'~,., I. ' ~....' r ~
, Approved'~'s to Fo~ ~d
Legal Sufficiency:
M~-M. Student,
Assist~t County Attoney
g/admin/CU-2000-18/RESOLUTION/CB/CW
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-18
The following facts are found:
1. Section 2.2.2.3 of the Land Development Code authorized the conditional use.
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:
Ao
Consistency with the Land Development Code and Growth Management Plan:
Yes b/ 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 & e~ss
Yes /e~ No__
C. Affects neighboring properties in relation to noise,
effects: ///'/No affect or __ Affect mitigated by
__ Affect cannot be mitigated
glare, economic or odor
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~sh~ul~ot)
be recommended for approval ~~
EXHIBIT
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-18
13 A2
The following facts are found:
1. Section 2.2.2.3 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.'
Consistency with the Land Development Code and
Growth Management Plan:~/No
Yes .~
Bo
convenience, traffic flow and control, an~es~n Adequate ingress & egress z~. , ~'~ )
C. Affects neighboring properti~n to noise, glare, economic or odor
effects:
No affect or ~ Affect mitigated by ~ ~
Affect cannot be mitigated
Ingress and egress to property and proposed
structures thereon with particular reference to automotive and pedestrian safety and
case of fire or catastrophe:
D. Compatibility with adjacent properties and other property in the district:
Compatible use within 5tistrict
Yes 1,// No
Based on the above findings, this conditional use should, with stipulations, (copy atta~hed~
be recommended for approval - ~[ .~~~
DATE:O) ~ t %"' ~(-> I MEMBER:~ 9 ~
g/admin//FINDING OF FACT MEMBER/CFFim
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-18
13/ 2
The following facts are found:
1. Section _ 2.2.2.3 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:
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 v/
Yes No
effects:
Affects neighboring properties in relation to noise,
tJ No affect or ~ Affect mitigated by
Affect cannot be mitigated
glare, economic or odor
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes I/ No~
Based on the above findings, this conditional use_ shoul.~, with stipulations, (copy attached) (~o~not)
be recommended for approval
g/admin//FINDING OF FACT MEMBER/Cladim
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-18
13 A2
The following facts are found:
1. Section 2.2.2.3 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:
Consistency with the Land Development Code and
Growth Management Plan:/N
Yes o
convenience, traffic flow and control, and access in case of
Adequate ingress & egress
Yes , ~No~
Ingress and egress to property and proposed
structures thereon with particular reference to automotive and pedestrian safety and
fire or catastrophe:
noise,
C. Affects neighboring properties in relation to
effects: ~No affect or Affect mitigated by ~
Affect cannot be mitigated
glare, economic or odor
D. Compatibility with adjacent properties and other property in the district:
Compatible use within d/istrict
Yes _// No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
be recommended for approval /t~.~ ~
DATE: i/Iq~/~[ MEMBER: ~
g/admin//FINDINO OF FACT MEMBER/CH/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-18
The following facts are found:
1. Section 2.2.2.3 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 off
mo
Consistency with the 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
effects:
Affects neighboring properties in relation to
N/'No affect or Affect mitigated by ~
Affect cannot be mitigated
noise,
glare, economic or odor
D. Compatibility with adjacent properties and other property in the district:
Compatible use with~ district
Yes V No~
Based on the above findings, this conditional us~with stipulations, (copy attached) (should not)
be recommended for approval ~~-----~ii~
g/admin//FINDING OF FACT MEMBER/CH/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-18
i3 2
The following facts are found:
1. Section 2.2.2.3 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:
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 ~
Co
effects:
Affects neighboring properties in relation to
~No affect or Affect mitigated by ~
Affect cannot be mitigated
noise,
glare, economic or odor
Compatibility with adjacent properties and other
Compatible use withij~listrict
Yes 7/ No
property in the district:
Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not)
be recommended for approval
DATE: ~ / .,
g/admin//FINDING OF FACT MEMBER/CH/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-18
The following facts are found:
Section _ 2.2.2.3 of the Land Development Code authorized the conditional use.
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.'
convenience, traffic flow and control, and access in case of
Adequate ingress &~ No
C. Affects neighboring properties in relation to noise,
effects: ~ Affect mitigated by ~
ct cannot be mitigated
Consistency with the Land Development Code and
Growth Manageme~ ~
No
Ingress and egress to property and proposed
structures thereon with particular reference to automotive and pedestrian safety and
fire or catastrophe:
glare, economic or odor
Compatibility with adjacent properties and other
Compatible ~in district
property in the district:
Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not)
be recommended for approval ~p~°[Ex/AL
DATE: l//~/O' MEMBER:
g/admin//FINDING OF FACT MEMBER/CH/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-18
13A2
The following facts are found:
1. Section _ 2.2.2.3 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:
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, la-affic flow and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes '~No
effects:
Affects neighboring properties in relation to
~"/1~o affect or Affect mitigated by ~
Affect cannot be mitigated
noise,
glare, economic or odor
Compatibility with adjacent properties and other
Compatible use withi, p~district
Yes ¥/ No
property in the district:
Based on the above findings, this conditional use should, with stipulations, (copy atta_ ~
be recommended for approval
DATE: / ~ ,~ MEMBE
g/admin//F1NDING OF FACT MEMBER/CH/irn
LEGAL DESCRIPTION
PARC EL "A"
COMMENCING at the NorthEast corner' oF Section 12,
Township 50 South, Range P6 Eastj Thence atong s,xid
Section Line S 87°54'45'' W a distance oF ]316.76
Feetj Thence continue S 87°54'45'' W a disl;ance o~'
247.94 Feetj to the POINT DF BEGTNNING oF said Ponce[
"A") Thence S 00°33'48'' W~ 0. distance oF PE~O.P4 Feet,
Thence S 87°54'45'' W, a distance oF 81.17 Feet, Thence
S 00°32'30'' W, a distance oF 233.85 Feetj Thence
S 87°51'10'' W, a distance oF 81.07 Feet; Thence
S 00°31'1]'' W, a distance oF 2P0.24 Feetj Thence
S 87°51'10'' W, a distance oF 248.48 Feet, Thence
N 00°33'48'' E, a distance oF 674.68 Feet; Thence
N 87°%4'45'' E a distance oF 410.44 Feet to the
POINT OF BEGINNING, the North 30,00' Feet oF said pance[
bain9 a Dr'ainage, UtiLity and Right-F1F-Way Easement, Said
po. rca[ containing F)L~1,930 Square Feet or' 5,09 AcK'es+
13/ 2
along with:
PARCEL "B"
COMNENCING at the NorthEast cor-neK' oF Sectior~ l&), Township
50 South, Range 26 East; Thence a[ong said section line
S 87°54'45'' W, a distance oF 1316,76 Feet, to the POINT DF
BEGINNING oF Parcet "B"j Thence S 00°31'11'' w, a distance oF
673.97 Feetj Thence S 87°51'10~ W, a distance oF 410.44 Feetj
Thence N 00°31'11'' E. a distance oF 220.24 Feet.;
Thence N 87°51']0'' E, a distance oF 81,07 Fee~j
Thence N 00°32'30" [-, a distance oF P33,85 Ceetj
Thence N 87°54'45" E, a distance oF 81.17 Feetj Thence
N 00°33'48' E, distance oF ;)20.24 Feetj Thence N 87°54'45'' E,
a distance oF P47.94 Feet to the POINT IqF BEGINNING, the North
30.00 Feet oF said parcel being a Drainage, UtiLity ,lnd Right-OF-Way
Easement. Said parzel containing P21,736 Square Feet or 5.09 Acres+.
EXHIBIT "B" ---
I
Ii~
~ ~ MA~ UNE
llllll',i-i ',
[,liill,Gll ~
;li~z~qi~ .-'
. ,
ill
~ A~ROM--~LTON ~ ~A~S. INC. ~ ~ MIN~ ~ DE~LOPMENT P~
~[ ~ ~ ~ T~I ~L ~ ~ S ~~ ~ ~ ~N VAC ~RP~A~
EXHIBIT "C" ----
CONDITIONS OF APPROVAL
CU-2000-18
This approval is conditioned upon the following stipulations:
Planning Services:
The Current Planning Manager 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 application, or major changes to the
site plan submitted as part of this application, 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 (91-102), as amended.
b. The applicant shall maintain Benfield and Newman Roads.
The maximum number of horses available for hire shall not exceed ten
(10).
The applicant shall install appropriate speed control structures and signs
along Benfield Drive when requested by the Collier County Transportation
Department
eo
Uninterrupted legal access for the benefit of applicant, its successors and
assigns, over Benfield Road.
EXHIBIT "D"