Resolution 2000-299
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RESOLUTION 2000- 2 9 9
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A SOCIAL CLUB CONDITIONAL USE "14" IN THE "A"
ZONING DISTRICT FOR A CLOTHING OPTIONAL
SOCIAL CLUB PURSUANT TO SECTION 2.2.2.3 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 18, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 8.71:t ACRES.
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 "14" of Section
2.2.2.3 in an "An Zone fOf a clothing optional social club on the property hereinafter described, and has
found as a matter of fact (Exhibit "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
Co\lier County, Florida that:
The petition filed by David W. Rynders, Attorney at Law, representing James K. Keiser, with
respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "14" of Section 2.2.2.3 of the "A" Zoning
District for a clothing optional social club in accordance with the Conceptual Master Plan (Exhibit
"C") and subject to the folIowing 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.
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This Resolution adopted after motion, second and majority vote.
Done this /1;j;a... day of ~ ,2000.
BOARD OF ZONING APPEALS
COLLIER CO A
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Attest as to Chlfnlln'
Approved as to Form and Signature 01111 S
Legal Sufficiency: ·
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MaD e M. Student
Assistant County Attoney
g/admm/CU-2000-{)61 RESOLUTION/SMlim
-2 -
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-06
The following facts are found:
1. Section 2.2.2.3.14 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 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 ingre~s & 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.l No
Based on the above findings, this conditional
stipulations, (copy attached) (should not) be
approval APPRove
DATE: c;f~jdo
use should, with
recommended for
CHAIRMAN:
f2JA ~0Jj
EXIDBIT "A"
g/adminlFindings of Fact ChainnanlCU-2000-06/SM/im
13~,5
CU-2000-06
Exhibit B
N 'l2 ofN Y2 ofNE 1f4 of SE 1f4 of Section 18, Township 49S. Range 26E, less west 70
feet thereof and less 1-75 Right-of- Way.
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Page 1 of2 of Exhibit D
CU-2000-06
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Subject to the following conditions:
a. The Planning Services Department Director may approve minor changes in the location of the
Use within the building or structures and improvements authorized by the 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, ofthe Collier County Land Development Code (Ordinance No. 91-102).
b. If, during the course of site clearing, excavation or other construction activity, an historic or
archaeological artifact, or other indicator is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier County Code
Enforcement Department contacted.
c. An appropriate portion of native vegetation shall be retained on site as required in section
3.9.5.5.4. of the Collier County Land Development Code.
d. Within 30 days of conditional use approval, the petitioner shall initiate an exotic vegetation
removal/maintenance program for the subject property. This removal/maintenance program
shall be implemented on a yearly basis at a minimum.
e. The petitioner shall obtain Site Development Plan (SDP) approval for the site within six (6)
months of Conditional Use approval by the Board of County Commissioners. Within sixty (60)
days of approval of the Conditional Use petition by the Board of County Commissioners, the
property owner shall submit a completed application for Site Development Plan approval to
Collier County.
f. Concurrent with the Site Development Plan approval process, the property owner shall apply
for building permits for all non-permitted structures on site. The property owner shall obtain
necessary inspections and a Certificate of Occupancy for the site.
g. Within ninety (90) days of Conditional Use approval, the developer shall install a minimum of a
twenty (20) foot wide, Type D vegetative buffer along the west, north and south property
boundaries. The buffer shall be designed to be 100 percent opaque at planting. Trees shall be
planted at a minimum height of twelve (12) feet. The developer shall retain existing native
vegetation within these buffers to the greatest extent possible.
h. The portion of Nighthawk Lane from its intersection with Whippoorwill Lane to Pet Ranch
Road shall be maintained in a dust free condition.
Page 2 of2 of Exhibit D CU-2000-06
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1. Within ninety (90) days of Conditional Use approval, the developer shall install a six (6) foot
high perimeter fence and secure gate at the driveway. The fence shall be located along the
north, south and west boundaries adjacent to the internal boundary of the required landscape
buffer.
J. Within ninety (90) days of Conditional Use approval, the property owner shall remove and
properly dispose of or properly store all scrap metal, litter, tools, abandoned vehicles and
campers from the subject site.
k. Activities that occur on site shall be limited to sunbathing, outdoor bar-b-cues, recreational
activities associated with bar-b-cues such as volleyball and horseshoes, potluck suppers and
membership meetings. The sunbathing, bar-b-cues and recreational activities associated with
bar-b-cues may occur on a daily basis. potluck suppers and membership meetings shall occur no
more than once every 30 days per use. Any uses of the site beyond those defined above and/or
changes to the time limitations shall require the submittal and approval of a new conditional use.
1. Concurrent with the installation of the required landscape buffer, the petitioner shaH install/create
an 8 foot wide land buffer which extends 35 feet into the lake, at a 45 degree angle to the shoreline,
at the north and south ends of the eastern upland boundary, where it abuts the western boundary of
the lake. These buffer areas shall be planted with either vegetation capable of reaching 100 percent
opacity within one year, planted at a minimum height of 6 feet, or a fence structure, 100 percent
opaque at a minimum of 6 feet in height.