Resolution 1998-101
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RF.:~OI.lJTrON 98- 101
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A SPORTS INSTRUCTIONAL SCHOOL,
RECREATIONAL CAMP, AND CULTURAL, EDUCATIONAL
OR RECREATIONAL FACILITIES CONDITIONAL USES
19, 20 AND 23 IN THE "A" RURAL AGRICULTURAL
ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP
49 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
conferr~d on C~llier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
protection of ~he public; nnd
WHEREAS, :he County pursua~t thereto has adopted 3 Land
Development Code (Ordinance No. 91-:021 which includes a
Comprehensi'l~ 20ning Ordinance establishing regulations for the
zoning of partlcular geographic divisions of the County, among which
is the gra~tinq of Conditional Uses; and
\'lHERE:AS, the Colli~r County Planning CommiSSion, being t.he duly
appointed 3nd ~onstituted 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 Us~s 19, 20 and 23 of Section 2.2.2.3. in an "AN Rural
Agricultural zcne for a sports instructional school, recreational
camp, and cult~ral, educational or recreational facilities on the
property herei~after 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 of the Land Developm~nt
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 consider~d all matters presented.
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NOW, THEREFORE BE IT RE~OLVF.f1, rw THE BOARD Of 7.0NING APPEAL:; o(
Collier County, florida that:
The petition filed by Ter~ance L. K~pple of K~prJ0 ~n~in0~ring
representing Jonathan Burt with r~spect to th~ property hereinufter
described as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Uses 19, 20 dnd 23
of Section 2.2.2.3. of the "A" Rural Agricultural zoning district for
a sports instr~ctional school, recreational camp, and cultural,
educational or recreational facilities in accordance with the
Conceptual Master Plan (Exhibit "C") and subject to the following
conditions:
Exhibit "D" ~hich is attached here:o and incorporat~d by
reference h~rein.
BE IT fUR1HER RESOLVED thdt this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after moti0n, second and ~ajorlty vote.
Done this
,
""-'~",,
, 1998.
. "L-
'/ -.1L~
day of
BOARD 0F ZONING APPEALS
COLLIEP COUNTY, FLORIDA
BY'~~ ~-0\~
BAR B. BER" Y'}. Cha r
.ATTEST:
DWIGHT E. BROCK, Clerk
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Approved as to form and
Legal Sufficiency:
~ In. ~J.b.,d.
Marjo ie M. Stu ent
Assistant County Attorney
..;
f/Ctl-97-26 P.ESOLUTIO!1
Atte'i~ r.~ ~il :~Jfr:!lc1l'lo$
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-26
The following facts are found:
1. Section 2.2.2.3.19, 20 & 23 of the Land Development Code
authorized the conditional use.
2. Grantin9 the conditional use will not adversely affect the
public lnterest 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 ingres~ & egress
Yes v No
C. Affects neighboring properties in relation to noise,
glare, ec~omic 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 findings, this conditional use should, with
stipulations, (copy attached) (a~~,l 1 l~) be recommend:t;d or
approval .
DATE: 3J /'( /'18 CHAIRMAN~ /!t/~t'ljitt (/ L- t~~'b
I
f/FINDING OF FACT CHAIRMANI
Exhibit A
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Exhibit B
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A tract ot land in Section 12, Township 49 South, Ranqe 2S East, Collier
County, Florida, more particularly described as tollows:
The East Hal' 0' the Southeast Quarter ot the Southeast Quar:er, Le.. the
North 523.25 teet of the West 180.65 feet, the East 510 teet, and the
South 75 teet tor riqht-ot-way: toqether with the Souhtwest Quarter ot
the Southeast Quarter of the Southeast Quarter, Less the West 100 teet,
the 5.B8 acres described in O. R. 1387/1114 and 1762/1871, and the South
75 '..-t tor riqht-of-way.
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CU-97-26
Exhibit 0
Subject to the following conditions:
1. A westbound right turn lane shan be required along with compensating right-of-way in
accordance with Ordinance 93-64.
2. Substantial competent evidence shall be provided by the developer to the effect that the
project is designed to provide capacity and treatment for historical roadway runoff. In addition.
site drainage shall not be permitted to discharge directly into any roadway drainage system.
3. The County reserves the right to restrict and/or modify the location and use oCmedian
openings in accordance with Resolution 92-422. Collier County Access Management Policy. as
it may be amended from time to time, and in consideration of safety or operational concern.
Nothing in any development pennit issued by the County shall operate to vest any right to a
median opening in this project. nor shall the County be liable for any claim of damages due to
the presence or absence of any median opening at any point along any road frontage of this
project.
4. Pennits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the
South Florida Water Management District (SFWMD) shall be presented prior to final site
development plan approval.
S. 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.
6. An exotic vegetation removal, monitoring. an maintenance (exotic free) plan for the site, with
emphasis on areas of retained native vegetation, shall be submitted to the Current Planning
environmental staff for review and approval prior to final site development plan approval.
7. The building(s) shall comply with Section 2.8 of the Land Development Code _ Architectural
and Site Design Guidelines and Standards for Commercial Buildings and Projects.
8. The proposed cabins on the submitted site plan shan not be made available for any type of
continuous rental through the use of any type oflease agreement or other legal documents which
sanction, authorize or approve rental or occupancy of the dwelling units. They are intended to
function as short term overnight or weekend housing for out-of- town instructors. exhibitors.
judges. camp participants and the like, specifically associated with the use of the instructional
school or camp.