Resolution 2007-138
RESOLUTION 07- 138
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
EXPANSION OF AN EXISTING CONDITIONAL USE WHICH
ALLOWS A SOCIAL CLUB IN THE ESTATES ZONING
DISTRICT PURSUANT TO SECTION 2.04.03, TABLE 2, OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR
PROPERTY KNOWN AS THE NAPLES BRIDGE CENTER,
LOCATED AT 5865 GOLDEN GATE PARKWAY IN SECTION
29, TOWNSHIP 47 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 ofthe 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, by Resolution No. 80-128, a copy of which is attached hereto as Exhibit
"A," the Board of County Commissioners approved a Provisional Use for the establishment
of the Naples Bridge Club pursuant to Section 14-1 D of the then-current Zoning Regulations,
subject to a number of conditions; and
WHEREAS, by Resolution No. 94-424, a copy of which is attached hereto as Exhibit
"B," the Board of Zoning Appeals of Collier County approved a Conditional Use for the
expansion of the Naples Bridge Center in accordance with a conceptual master plan, subject
to a number of conditions; and
WHEREAS, the Naples Bridge Center, Inc., has filed Petition No. CU-2006-AR-
11034, requesting an expansion to the existing conditional use to allow a building addition of
3,500 square feet and 50 additional parking spaces; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
plarming 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 allowing this requested
expansion of the existing Conditional Use pursuant to Section 2.04.03, Table 2 of the Collier
County Land Development Code in the Estates zoning district on the property hereinafter
described, and the Collier County Plarming Commission has found as a matter of fact
(Exhibit "C") 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
Page 1 of2
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-220-AR-ll034, filed by Joss Nageon de Lastang, P.E. of Gulfshore
Engineering, Inc., representing the Naples Bridge Center, Inc., with respect to the property
hereinafter described in Exhibit "D," is hereby approved for a Conditional Use pursuant to
Section 2.04.03, Table 2 of the Collier County Land Development Code in the Estates
Zoning District, for a social club in accordance with the Conceptual Site Plan attached hereto
as Exhibit "E," subject to the previously required conditions set forth in Resolution No. 80-
128 and Resolution No. 94-424, copies of which are attached hereto, together with the
conditions set forth in Exhibit "F" attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces
both Resolution No. 80-128 and Resolution No. 94-424, excepting the conditions set forth
therein, which are incorporated by reference into this Resolution, and that the remainder of
Resolution No. 80-128 and Resolution No. 94-424 are accordingly repealed.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote, this~day of
~
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
'.' ~.,
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
Attest ..
signature
By dd~
Ap
an
w
t County Attorney
Page 2 of2
V~-C
(/
R-80-128
p,,--r....!t./E.C.
J\Jl 10 198Cl
B E SOL U T,~ 0 N
RELATrNG TO PETITION NO. Pu-BO-4C
FOR PROVISIONAL USE OF PROPER'ry HERE-
INAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA.
OCO
Chapter 125 and 163, Florida Statutes, has conferred on all
WHEREAS, t~e Legislature of- the State of Florida in
counties in Florida the power to establish, coordinate and
enforce zoning and such business regulations as are necessary
for the protection of the public; and
COlllprehensive Zoning Ordinance establishing regulations for
WHEREAS, the County pursuant thereto has adopted a
the zoning of particular geographic divisions of the County,
among which is t.he granting of provisional use?; and
WHEREAS, the coastal Area planning commission; being the
duly appoint.ed and constituted planning board for thf ~rea
hereby affected, has held a'public hearing after notice as in
said regulations made and provided, and has considered the ad-
,
G
in a
E
zone for
visabili"ty of provisional Use
the property hereinafter described, and has f'ound as a matter
of fact that satisfactory provision and arrangement has been
made concerning all applicable matters required ?y said regula-
tions and in accordance with Section l'4-lD of .the Zoning Regu-
lations for the coastal Area flanning District; and
WHEREAS, all interested parties have been given opportunity
to be heard by this Board in public meeting assembled and
the Board having considered all matters presented.
cownissioners of Collier County, .Florida, that the petition of
NOW, THEREFORE BE IT RESOLVED, by the Board of County
Naples Bridge Club
with respect to the property hereinafter described as:
East 150 fee.t of 'l'ract 75, unit 30, Golden Gate Estates
as described in plat Book 7, Page 57, public Records of
Collier county, Florida
EXHIBIT "A"
Four Pages
U::lf'fP 11 of 2
be and the same is hereby avproved for provisional Use
6
of
the
E
zoning district. for a social club
subject to the following conditions:
(SEE ATTACHED)
BE IT FURTHER RESOLVED that this resolution be recorded
in the minutes of this Board~
commissioner
"Rrm.JTI
offered the foregoing resolu-
tion and moved its adop'tioll, seconded"by conunisser
Himer
and upon roll call, the vote was:
Commissioners Brown, Himer and Pis tor
AYES:
NAYS:
Commissioners-Archer and Wenzel
ABSENT AND NOT VOTING:
None
ABSTENTION: None
Done this
8th
day of
July
, 1980
BOARD OF COUNT~ COMMISSIONERS
COLLIER COUNT1, FLORIDA
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R-80-12S
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A'rTACMENT 1
1. public water required.
2. Comply wi"th fire codes and hydrants.
I 3. Final site drainage plan shall be submitted to
County Engineer for review and approval.
4. All signs shall be approved by the zoning Director.
5. ~rovisional use expires one year from date of approval
unless construction has conunenced.
6. Any expansion requires site p+an approval.
See 11.-80-128
RESOLUTION 94-~
A RESOLUTION PROVIDING FOR TKE ESTABLISHMENT OF
CONDITIONAL USE "2" IN TKE "E" ESTATES ZONING
DISTRICT PURSUANT TO SUBSECTION 2.2.3.3 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION Z9, TOWNSKIP 49 SOUTK, 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 "211 of Subsection 2.2.3.3 in an liE" Estates zone
for a social organization on the property hereinafter described,
and has found as a matter of fact (Exhibit IIA") that satisfactory
provision and arrangement has been made concerning all applicable
matters required by said regulations and in accordance with
subsection 2.7.4.4 of the 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 Col~ier County, Florida that:
-1-
EXHIBIT "B"
FOUR PAGES
The petition filed by Fred Rathgeber representinq Naples
Bridge Center, Inc., with respect to the property hereinafter
described as:
The East 150 feet of Tract 75, Unit 30, Go~den Gate Estates,
according to the Plat thereof, as recorded in Plat Book 7,
paqe 58, of the Public Records of Collier County, Florida.
be and the same is hereby approved for Conditional Use "2" of
subsection 2.2.3.3 of the nEn Estates zoning district for expansion
of the Naples Bridge Center in accordance with the Conceptual
Master Plan (Exhibit "Bit) and sUbject to the following' conditions:
1. The Current Planning Manager may approve minor changes
in the location, siting, or height of buildings,
structures, and improvements authorized by the
Conditional Use. Expansion of the uses identitied 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 No. 9~-102)_
2. This project shall be required to meet all County
ordinances in effect at the time final construction
documents are submitted for development approval.
3. Detailed pavinq, grading, site drainaqe, and utility
plans shall be submitted to Project Plan Review for
review~ No construction permits shall be issued
unless and until approval of the proposed construction
in accordance with the submitted plans is granted by
Project Plan Review.
4. Prior to site Development Plan approval, a letter from
the Collier County PUblic Health Unit approving the
existinq septic system capacity shall be provided to
Projact Plan Review.
5. All native veqetation (i.e., pines, palmettos, etc.)
that tall within the interior landscape islands or can
be retained for exterior or perimeter islands shall be
retained.
6. No new median openings on Golden Gate Parkway shall be
provided to serve this project.
7. Arterial level street lighting shall be provided by
the Petitioner at the project entrance prior to the
issuance of a Certificate of Occupancy for the
expanded buildinq.
8. A minimum radius of 50 feet shall be provided at both
sides of the entrance drive~ Collier county
Transportation Services reserves the right to require
an additional westbound right turn lane if warranted
by operational conditions.
-2-
9. An additiona1 40 feet of depth along the entire
~rontage of the subject property shall be reserved for
future road right-of-way purposes. No expansion of
the existing drainfield sha~l be permitted within the
40 feet of depth.
10. Per the Collier County Land Development COde, all
prohibited exotic species shall be removed from the
site prior to the issuance of a Certificate of
Occupancy.
11. The proposed draft well shall provide a minimum of 500
gallons per minute of water flow (Reference: NFPA 1231
and Collier County Ordinance No. 92-72).
12. The Naples Bridge Center, Inc., shall not lease the
facilities which are the subject of this conditional
Use to other organizations for a purpose different
than that which is the purpose of the Naples Bridge
Center, Inc., in its articles of incorporation.
13. The Naples Bridge Center, Inc., agrees to participate
in the cost of constructing an adequate potable water
distribution transmission line along Golden Gate
Parkway at such time as collier County undertakes such
a capital project.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Nort:'is
offered the foreqoing
Reso1ution and moved for its adoption, seconded by Commissioner
Valne
and upon roll call, the vote was:
AYES: Commissioner No~ris, Commissioner Volpe~ Commissioner Saunde~s~
Commissioner Matthews and Commissione~ Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
14th
day of
June
, 1994.
i,U'A'II'O
~~'~Tt~~J!*~'~ '
DW'rGHT:'E{BRqCK;:~ CLERK
-' . '~., . ,'. ,""
~tf:&)/,:.i:'~/. ,>o.e-
~t~~~,~~~~~~~~~ AND
fn.r~..:i..1?1_IJrF"~/~d
MARJ IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
BOARD~NG APPEALS
::~LI " ;rl'l:ta!t
. &fHy j:i) b;STANTINE, CHAIRMAN
CU-9J-~3 RESOLUTION/~~69J
-3-
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FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-ll034
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 ingress & egress
YesL 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
YesL' No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: t...i - l Q/o1
CHAIRMAN:
EXHIBIT "e"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION.
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
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 ne\ghborhoo d
because of:
A. Consistency Witll the Land Development Code and Growth Management Plan:
Yes ~No
, B. Ingress and egress to pIoperty 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 ingr'ess & egress / ,
, Yes V 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 .c.../No
Based on the above fmdings, this conditional use should., with stipulations, (copy attached)
(should not) be reco=ended fOI approval.
DATE: y II 7 / {, /7
I
"--:::i II 'L"",
'MEMBER: ~..~ . ~
I
EXHIBIT "e"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION.
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
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 vvill
not adversely affect other property or uses in the same district or neighborhoOd
because of:
A.
Consistency with the Land D/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 fire or catastrophe:
Adequate ingress & egress .
Yes / No
, C. Affects neighboring properties in relation to noise, glare, economic or odor
effect/-" ' ,
'-L 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,
(should not) be recommended for approval.
DATE:
tj ~/ 11/
M:EM:BER:
jf.h..-T VIe.. Ov7T/'
EXHIBIT "e"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-ll034
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 )C
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
X No affect or _ Affect mitigated by
Affect carmot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Ye;(
No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
!..f- /Cj- 07
MEMBE~
~
-
=-
~
EXHIBIT "e"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-ll034
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.
B.
Consistency with the Lanivelopment Code and Growth Management Plan:
Yes No
- -
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.
Affect7neighboring properties in relation to noise, glare, economic or odor
effects:
-.i No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Comp'titiI, ~, witllln "1
Yes No
Based on the above findings, this conditional use should, [.th stipulations, (copy attached)
(should not) be recommended for approval. ~
DATE: 4 I~ 0 MEMBER: Vi-
EXHIBIT "e"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-ll034
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 De4ent 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:
A'''I""k in8'O"' & '8'0'/
Yes No_
C. boring properties in relation to noise, glare, economic or odor
No affect or _ Affect mitigated by
Affect carmot 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: tf--- /1- () 7
MEMBER'~
EXHIBIT "G"
. ... ~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-ll034
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 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 ,/
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
e;S:
_ No affect or _ Affect mitigated by
_ Affect carmot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within d7t
Yes No 4
(I
Based on the above findings, this conditional use should, wit I stipulations, (copy attached)
(should not) be recommended for approval.
DATE:~
.
MEMBER: \
t>(ljo0C,;i..'i}~~
EXHIBIT "c"
. c. "
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-ll034
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
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
1 No affect or _ Affect mitigated by
_ Affect carmot 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: -1./ f -11 "7
MEMBER: 'Z: gf/#
EXHIBIT "en
-,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-ll034
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 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 vi No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
V' No affect or _ Affect mitigated by
Affect carmot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V
No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
tj/rl J (J 1
I ( (
MEMBER:
f/JhJn~ /3-t~ ~CtAtJ-~
EXHIBIT "C"
LEGAL DESCRIPTION:
PROPERTY DESCRIPTION
(o'R 1574, PG, 943)
THE EAST ,150 FEET OF TRACT 75, GOLDEN GATE ESTATES, UNIT 30, ACCORDING TO
PLAT IN PLAT BOOK 7, PAGE 58, ,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
CoNT AINING 2,04 ACRES, MORE DR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
EXHIBIT "0"
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CONDITIONS FOR APPROVAL
FOR
CU-2006-AR-II034
1. The Naples Bridge Center shall not lease the facilities which are the subj ect of this
Conditional Use.
2, The applicant shall incorporate the outdoor lighting standards outlined in Golden Gate Area
Master Plan Policy 5.1.1 into the site plan during the SDP review process.
3. The applicant shall locate the dumpster a minimum of 40 feet away from any adjacent
residential property line.
EXHIBIT "F"
G: Current{ Gundlach/ Conditional Uses/ Naples Bridge Center /Exhibit "F" Conditions 4-23-07