Resolution 2024-035 RESOLUTION NO. 2024— 35
A RESOLUTION REJECTING THE OFFICIAL
INTERPRETATION PL20230010644 RELATING
TO THE USES THAT QUALIFY AS A
"NEIGHBORHOOD FITNESS AND
COMMUNITY CENTER" IN THE GOLF
COURSE AND RECREATIONAL USE
DISTRICT.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on all 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
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County; and
WHEREAS, on August 18, 2023, the Zoning Director issued an Official Interpretation
PL20230010644 that a "neighborhood fitness and community center," a conditional use in the
zoning district designated as the Golf Course and Recreational Use District"GC,"is a facility that
serves the fitness and community needs of various neighborhoods and a broader community, and
gave as an example,the Golden Gate Community Center; and
WHEREAS, Anthony P. Pires, Esq. and Zachary W. Lombardo, Esq., representing
Lakewood Community Services Association, Inc., filed Petition PL20230014863,which appealed
Official Interpretation PL20230010644, and sought to reverse the conclusion of the Official
Interpretation PL20230010644; and
WHEREAS, on February 27, 2024, the Board of County Commissioners, acting as the
Board of Zoning Appeals (the Board), held a properly noticed public hearing to consider Petition
PL20230014863; and
WHEREAS,all interested parties have been given the opportunity to be heard by this Board
in public meeting assembled, and the Board has fully considered all matters presented.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
The Board hereby rejects the Official Interpretation PL20230010644 as not being based on
competent substantial evidence, in accordance with the record of the proceedings of the public
hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals,
on February 27, 2024.
Lakewood OI Appeal
PL20230014863
2/29/24
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted by the Board after motion, second and majority vote this 27th day
of February, 2024.
ATTEST: _ ' '14 4,, BOARD OF ZONING APPEALS
CRYSTAL K. KINZEL;.PIaERK COLLIER COUNTY, FLORIDA
By: ' 41,J" .Y'. By:
Attest as ;A, -irmkn1s,Deputy Clerk C PiPtikL, Crm
signat►fa .nly --.
Approved as to form and legality:
a-ek ail' F
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
Lakewood 01 Appeal
PL20230014863
2/29/24