HEX Final Decision 2022-54HEX NO. 2022-54
HEARING EXAMINER DECISION
DATE OF HEARING.
November 10, 2022
PF.TITI"N
Petition No. CU-PL20210001746 - Goodlette-Frank Road and Center Street - Request for
approval of a Conditional Use to allow therapeutic equestrian riding and stabling and its
expansion, superseding Resolution Nos. 2013-236 and 2000-63 and pursuant to subsections
2.03.01.A.I.c.19 and 2.03.01.A.I.c.24 of the Collier County Land Development Code, on f8.95
acres located on the southwest corner of Goodlette-Frank Road and Center Street in Section
10, Township 49 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner seeks a Conditional Use to modify the existing Master Plan by incorporating
abutting Lot 18 into the facilities campus and make other site revisions which will include the
expansion of the existing stable/barn located at the intersection of Goodlette-Frank Road and
Center Street, adding an additional covered riding arena, and construction of a one-story office
building to replace the existing residence that has been used for office space on Lot 20 and fronting
on Ridge Street
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(3) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
Page 1 of 5
5. The applicant conducted a duly noticed NIM on August 9, 2022, at the existing NTRC facility,
located at 206 Ridge Drive, Naples, Florida. Wayne Arnold, the applicant's agent, opened the
meeting at approximately 5:35 p.m.; the meeting was simultaneously conducted remotely via
Zoom, however, there were no remote participants. NTRC staff was made available to answer
questions. A sign -in sheet was used; however, was not provided to staff. It is estimated that
there were approximately 10 neighbors of the facility in attendance. The meeting lasted 17
minutes. Concerns expressed by neighbors were primarily about the buffers and fencing. It
was explained that the new fencing and buffering would be consistent with that which presently
exists on the other three lots. It was further explained that they would need to satisfy the
County's requirement for a "Type B" buffer. An additional concern was with respect to ingress
and egress. It was explained that the new access on Ridge Drive would only be for use by
residents of the existing dwelling which will house the facilities caretakers.
6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. Susan Myers spoke in support of the Petitioner's request. James Duff at 235
Center Street made an objection at the public hearing as well as submitting an objection in
writing. He stated that although separated by Center Street, he would be negatively impacted
by lighting, noise and amplified sound because his residence and equestrian operation was
approximately 100' from the proposed structure.
7. The County Code of Ordinance Sec. 2-87(3)(a) directs the Hearing Examiner to review this
minor conditional use amendment by the Land Development Code Section (LDC) 10.008.1)
criteria. The Hearing Examiner may grant the minor Conditional Use if it will not adversely
affect the public, and that satisfactory provision and arrangement has been made for the
following matters, where applicable:I
1. Section 2.01.03.A.1.c. of the Land Development Code (LDC) permits conditional uses in
the PUD Zoning District.
The record evidence and testimony from the public hearing reflects that this specific
petition is to allow for the expansion of an existing therapeutic equestrian riding and
stabling facility; said uses are allowed as Conditional uses subject to the standards and
procedures established in the LDC.
2. Consistency with the LDC and the Growth Management Plan (GMP).
The record evidence and testimony from the public hearing reflects that this proposal is
consistent with the applicable provisions of the Future Land Use Element (FLUE) and the
Transportation Element, and the Conservation and Coastal Management Element
(CCME); therefore, the petition is consistent with the overall GMP. With the drafted
Conditions of Approval, the proposal may also be found consistent with all applicable
provisions of the LDC. The subject property is located entirely within a Wellfaeld Risk
Management Special Treatment Overlay, portions within Zone W-1, and others within
'The Hearing Examiner's findings are italicized.
Page 2 of 5
Zone W-2 as identified within LDC Section 3.06 and the Official Zoning Atlas. The LDC
describes the purpose and intent of establishing the ST zones around regulated public
water supply wells. The agricultural uses of the property for equine therapeutic riding and
stabling are not regulated within the ST zones and there are no hazardous materials to be
stored or used on the property.
3. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic now and control,
and access in case of fire or catastrophe.
The record evidence and testimony from the public hearing reflects that the provided
Transportation Impact Statement (TIS) notes that the NRTC's primary access is on Center
Street, which is the only means of ingress/egress for guests, riders, and volunteers. It is
further noted that there is an existing gated entrance on Lot 21, from Ridge Drive, that will
only be used by NTRC management staff. There is also a gated driveway from Lot 20 to
Ridge Drive that will be used only for the purpose of emergency egress. The residential
access serving Lot 18 will remain intact and will only be used by occupants of the
residence. This information is consistent with the Master Plan.
4. The effect the Conditional Use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
The record evidence and testimony from the public hearing reflects that the proposed uses,
therapeutic riding center and stabling on property of less than 20-acres, received initial
Conditional Use approval for Lot 21 by means of Resolution No. 2000-63 on February 23,
2000, and expanded onto Lots 19 and 20, by means of Resolution No. 2013-236 which was
adopted on October 8, 2013. The proposed facility improvements should have no
additional impact on neighboring properties. The newly added 2.12-acre parcel, Lot 18,
will continue to be used for residential purposes and as the property is located within an
A Zoning District the LDC allows for up to 2 horses per acre. Other proposed changes
include the expansion of the stable/barn, addition of a 9,200± square foot covered riding
arena, to use a portion of Lots 19 and 20 for administrative offices, additional horse
stables, riding ring and training areas. The covered training arena will be internally
lighted and located toward Goodlette-Frank Road, away from the existing residence. Only
outdoor security lighting will be used on the balance of the parcel. Buffers will comply with
LDC requirements which will ensure compatibility with nearby residences. The Petitioner
is proposing changes to the existing Conditions of Approval.
5. Compatibility with adjacent properties and other properties in the district.
The record evidence and testimony from the public hearing reflects that the NTRC (FKA:
the Naples Equestrian Challenge) has been operating its therapeutic riding programs at
the subject location for over 20 years and has developed a positive relationship with
surrounding homeowners. Structures will be constructed to satisfy the setback
requirements set forth for the A Zoning District and outdoor activities will have operational
hours consistent with those of the existing riding center. The recommended conditions and
Page 3 of 5
limited operating hours of the project will continue to be compatible with the
neighborhood. The proposed Conditional Use to allow an expanded therapeutic equestrian
riding and stabling facility may be deemed compatible with the neighboring properties.
Furthermore, the recommended conditions of approval adequately protect the public's
interest.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 10.08.00.1)
of the Land Development Code to approve this Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number CU-PL20210001746, filed by D.
Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esq.
representing Naples Equestrian Challenge, Inc., with respect to the properties described as 170 and
206 Ridge Drive, located on the south side of Ridge Drive, south of Center Street and west of
Goodlette-Frank Road, and are further identified as Lot 18 and Lots 19, 20, and 21, Pine Ridge, in
Section 10, Township 49 South, Range 25 East, Collier County, Florida, for the following:
• An application to allow therapeutic equestrian riding and stabling and its expansion,
superseding Resolution Numbers 2013-236 and 2000-063, pursuant to subsections
2.03.0l.A.l.c.19 and 2.03.0l.A.l.c.24 of the Collier County Land Development Code
(LDC) on four lots that have been combined for development that will total less than 20
acres located within a Rural Agricultural (A) Zoning District and further located within a
Wellfield Risk Management Special Treatment Overlay District Zone W-1 (ST-W 1) and/or
Zone W-2 (ST-W2) dependent upon the specific location on the property.
Said changes are fully described in the Master Site Plan and subject to the conditions provided in
the revised List of Conditions attached as Exhibit "A" and as set forth below.
ATTACHMENTS.
Exhibit A — Master Site Plan and List of Conditions
LEGAL DESCRIPTION.
170 and 206 Ridge Drive, located on the south side of Ridge Drive, south of Center Street and
west of Goodlette-Frank Road, and are further identified as Lot 18 and Lots 19, 20, and 21, Pine
Ridge, in Section 10, Township 49 South, Range 25 East, Collier County, Florida
Page 4 of 5
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Subject to the revised list of conditions provided in Exhibit "A" hereto.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
EXHIBIT "A"
Naples Therapeutic Riding Center CU (PL20210001746)
Conditions of Approval
1. No office or business space rental to outside entities.
-3-.2. No participant programs are to be held on Sunday 8R ' 9tS 19 ;;Rd Pg.
4.3. Special events open to the public shall be limited to 4 events per year ^RLots 19, 20 and
wand follow LDC 5.04.05 temporary event permitting requirements.
g-4. Maximum building height for principal structures ^^ Let-,; '^ aP V- will be 25' zoned
building heighivheight, except as may be permitted in LDC 4.2.01.D.1., exemptions and
exclusions from design standards.
-7 5. Outside lighting shall be limited to low intensity bollards,— or pole lighting with cutoff
fixtures and no exterior lighting is allowed except as necessary for security and safety.
Lights shall be shielded or directed en Lets' 9 ,R^"^ to avoid light overflow on adjacent
property.
9 6. Maximum number of stabled horses en Lets 19 and 29 will be 6-22 horses.
9-7. No amplified sound equipment or systems are allowed on Lots 19 and 20.
40-.8. Adjacent to Ridge Drive ^~ Lets 19, 29 and 21, an LDC 4.06.02 Type C landscape buffer
shall be provided and a Type B landscape buffer will be provided on Lot 49-18 between
Lots 4,9-18 and 4917.
4-1-.9. Landscape buffers will be installed with first vertical construction.
3-3-.10. The emergency gate on Ridge Drive will be constructed of solid decorative material.
44,11. Any metal roofing will be colored to remove glare.
August 16, 2022 Gradyllinor Page 1 of 2
Conditions of Approval-r2.docx
Cull Bngincem • Land Surrc.%ors • Planners • Landscape \nfiitccls
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com
415-.12. The hours of operation for the facility will be 8:00 am to 8:00 pm. Occasional staff and
volunteer training as well as board meetings may extend to 9:00 pm.
445:13. No street parking or parking on perimeter ofLets 19, 20 and "the subject property.
4&.14. Lets 19, 20 -^a 21-are The facility is limited to a 400320 therapeutic rider program
participants c-apaeity-per week.
44-.15. Access to the equestrian riding and stabling facility shall be limited to Center Street. No
participants, volunteers or guests shall use the local streets in Pine Ridge subdivision as
through -traffic to other areas of the County, except for residents of Pine Ridge
subdivision.
249-.16. This approval is for a non-commercial, not -for -profit, therapeutic equestrian riding
facility.
August 16, 2022 Page 2 of 2
Conditions of Approvabr2.docx
- GOODLETTE FRANK ROAD
BRIDLE PATH
EAST PROPERTV LINE Fn'wgwwNLIENIgE IENGTw OF
Ebi WOPERTr uND
N N N > 15' WIDE TYPE'0' LANDSCAPE BUFFER WITH S' HIGH
WALL
TURNOUTS ❑urnw
ww..v
-------------
LL
EKISTINGi
LOAdNG
_^_
m REFUSE I
R N REFIRE-'•`�•`--
W i
a
•
Q i
TURNOUTS EMROYEEG
N I
PADDOCK No 2 PADDOCK No 3
0 !
Z
TURN -OUTS STAnI e¢ "
PADDOCI( 13
PADDOCK No 1I
�""E I
Qa EXISTING
I
W
w
�9
g
J
a I
m�
Z i
.�.Tncowr
a�
LU
IC j i
D
TURN -OUT EKISTG 3a.2w 0�
a
W
09
I-
a
HORSE RIDING
w�
— ..�., ARENA >` raaNING
m$
is•-o-
j
y
g �""`�G I
S UCT. EXISTING F; EXISTING
_
LANDSCAPE
$
3
PADDOCK No < PADDOCK No 5 yQ2
PADDOCK No. 11
PADDOCK No. 12
3OEXISTiNG
K H
v
I!
I
O 8 Sc
WE
K
0
0
J
Q
I
EKISTG ;:a
w
r
W
a ¢
PUMP SHED
a
w
do
xa
LW,,
ZO
MAIN !
J
3"
y
I
ENTR`(
m
j
N
II IP
I
W ff
J
!
vA
a
U f
WALKWAY /PRIVATE DRIVE BRIDLE PATH
Q §
Q
i i
PARKING
P I
PADDOCK No. 9
PADDOCK No. 10
U N
N
LU
< W
_°��GD
z
j
I
i n 1
n
3
m
z
Z
I
D
SENSORY TRAIL
W
Z LU
j
PROPOSED ro'A I� O PADDOCK No 6
STORY
HORSE RIDING IN
"~
ILI
1
;C\ '�
LU
o
0 w
BL wo G'
• I
ARENA 0
\
\�.
EwmNG•hsroar
RESIDENCE
PADDOCK 8
D
GI PADDOCK No 7
_
_: ARa HELD
PADDOCK No. 1
Y,Ooo L9 �—
UTIL. SHED;
�i..� \ Q EMEIKIENC
/
GATE R �iP�LY.00¢/ EGRESSONLY 20' WIDE TYPE'C' LANDSCAPE BUFFER
CE TE
WEST PROPERTY USE
RIDGE DRIVE
NAPLES THERAPEUTIC RIDING CENTER
MASTER PLAN
ZONING RSF-1 TH HUMPHREV•ROSAL
n
ZONING RSF-1
USE SINGLE FAMILY RESIDENTIAL xwE I wtr ..... I F . O
OW3/2022
USE SINGLE FAMILY RESIDENTIAL