Resolution 2005-176
RESOLUTION NO. 05- ~
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA,
APPROVING A CONDITIONAL USE IN THE C-3,
COMMERCIAL INTERMEDIATE ZONING
DISTRICT, FOR PERMITTED PERSONAL
SERVICES, VIDEO RENTAL OR RETAIL USES
(EXCLUDING DRUG STORES) WITH MORE
THAN 5,000 SQUARE FEET OF GROSS FLOOR
AREA FOR THE PRINCIPAL STRUCTURES,
PURSUANT TO TABLE 2 OF SECTION 2.04.03
OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (ORDINANCE NO. 2004-
41, AS AMENDED) FOR PROPERTY LOCATED
IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE
25 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
(LDC) (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 in the C-3, Commercial Intermediate Zoning District, for permitted
personal services, video rental or retail uses (excluding drug stores) with more than 5,000
square feet of gross floor area for principal structures, pursuant to Table 2 of LDC
Section 2.04.03, on the subject property as described in Exhibit "B", and the Collier
County Planning Commission has found as a matter of fact in Exhibit "A", attached and
incorporated by reference, that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with
LDC Section lO.08.00.D; 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.
Page I of2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that:
The petition filed by Kelly Smith of Davidson Engineering, Inc., CU-2004-AR-
6671, representing Boca Bargoons of Naples, Inc., with respect to the subject property
described as:
Exhibit "B", attached and incorporated by reference, be and the same is hereby
approved for a Conditional Use in the C-3, Commercial Intermediate Zoning District, for
permitted personal services, video rental or retail uses (excluding drug stores) with' more
than 5,000 square feet of gross floor area for principal structures pursuant to Table 2 of
LDC Section 2.04.03 in accordance with the Conceptual Master Plan, Exhibit "C",
attached, and subject to the following conditions:
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 super-majority vote.
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Done this d l- ~ day of 0 ,2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: '1u-L w. ~
FRED W. COYLE, CHAI N
ATTEST: ,;,' "'.
DWIGIiJjlI!;t~~CK, CLERK
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Approvefl ns~o"t'prm and
al Su 'ie!icy:
Patrick G. ite
Assistant County Attorney
CU-2004-AR-667I, Boca Bargoons/HW/sp
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Page 2 of2
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Exhibit "A"
FiNDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671, Bargoons Development
The following facts are found:
1. The Land Development Code authorizes 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:
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 / 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/ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval ItPPP-OVW '
DATE: "3,llt/V)
CHAIRMAN: U A&J;
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Exhibit "A"
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671, Bargoons Development
TIle following facts are found:
I. The Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and wiII 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 i./ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
C 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, (copy attached)
(should not) be recommended for approval
DATE:
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MEMBER:
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Exhibit" A"
FINnINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU.2004-AR-6671, Bargoons Development
The following facts are found:
I. 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 L..----" No
B.
Ingress and egress to pr01:lerty 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:
...........-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_~_
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval_~
DATE: ~ 11'7/ D $
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MEMBER:
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Exhibit "A"
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671, Bargoons Development
The following facts are found:
I. 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-L 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 fue or catastrophe:
Adequate ingress & egress
Yes ,,/' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_~o 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 fmdings, this conditional use should. with stipulations. (copy attached)
(should not) be recommended for approval
DATE: ~ l~ - /) {"
MEMBER: uV' cv--l P )\.K..
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Exhibit. A'
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671. Bargoons Development
The following facts are found:
1. The Land Development Code authorizes the conditional use.
2. Granting the conditional use wiU 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 yu; 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 ~gress
Yes..L 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 us:7~ district
Yes _ No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
MEMBER Lt1
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DATE: 5 ~17/ or
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Exhibit "A"
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671, Bargoons Development
The following facts are found:
I. 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 ingress & egress
.I
Yes~ 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 V No
Based on the above [mdings, this conditional use should. with stipulations, (copy attached)
(should not) be recommended for approval
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DATE:
Exhibit "B"
LEGAL DESCRIPTION
Commencing at the southeast corner of Section 13, Township 50 South, Range 25 East,
Collier County, Florida; run North 1 0 35' 20" West 149.72 feet along the East boundary
of said Section 13 to the Northeasterly right-of-way line of U.S. 41; thence North 390 05'
20" West 1,885.65 feet along the Northeasterly right-of-way line of U.S. 41 to the Point
of Beginning; thence North 390 05' 20" West 275 feet along said line; then North 500 54'
40" East 400 feet; then South 390 05' 20" East 275 feet; thence South 500 54' 40" West
400 feet to the Point of Beginning.
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Exhibit "D"
Proposed Conditions of Approval
I. The conditional use is limited to what is shown on the conceptual site plan,
identified as "Boca Bargoons Conditional Use Exhibit", prepared by Davidson
Engineering, Inc, last revised December, 2004. The site plan noted is
conceptual in nature for conditional use approval. The finaI design shall be in
compliance with all applicable federal, state, and COtmty laws and regulations.
2. Retail uses allowed on the site are limited to only those permitted in the
Commercial Intermediate (C-3) zoning district, and expressly prohibits
massage parlors and adult video rental stores.