Resolution 1996-194
APR - 9 1996
RESOLUTION 96-~4
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A PHYSICAL FITNESS FACILITY CONDITIONAL USE
"1" IN THE "C-3" ZONING DISTRICT PURSUANT TO
SECTION 2.2.14.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE 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 (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 tile 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 "1" of
Section 2.2.14.3 in a "C-3" zone for a physical fitness facility 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 of the 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
Collier County, Florida that:
&OOK 000 Pl\[ 121
-1-
APR - 9 1996
The petition filed by Paul Listenberger of C R Florida, Inc.,
representing In Training Three, Inc., d/b/a/ Powerhouse Gym with
respect to the property hereinafter described as:
Parcell, Section 13, Township 50 South, Range 25 East as
recorded in Plat Book 1843, Page 798, of the Public Records
of Collier County, Florida.
be and the same is hereby approved for Conditional Use "I" of Section
2.2.14.3 of the "C-3" zoning district for physical fitness facility in
accordance with the Conceptual Master Plan (Exhibit "B") and subject to
the following conditions:
Exhibit "CO which is attached hereto and incorporated by
reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Com::nissioner
Matthews
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Hancock.
and upon roll call, the vote was:
AYES: Commissioner Matthews, Commissioner Hancock" Commissioner Mac'Kie"
Commissioner Norris
NAYS:
ABSENT AlID NOT VOTING:
Commissioner Constantine
ABSTENTION:
Done this
9th
day of
April
, 1996.
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A:rTEST: " " '. .
l;lWI GIlT E. BROCK" CLERK
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CU-96-3 RESOLUTI9N/16651
&OOK 000 PIGE!22
-2-
APR - 9 1996
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
PETITION NO. CU-96-3
The following facts are found:
1. Section 2.2.14.3.1 of the Land Devlopment 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 ./ 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~lare, economic or odor effects:
v/"No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use Wi:h~istrict
Yes No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) jShOUld not) be
recommended for approval !? httJ",1 .
3,J'l-I/'H CHAIRMAN: ~ 1/
.
f!hr
DATE:
FINDING OF FACT CHAIRMAN/16654
aOOK 000 PAGE 123'
"Exhibit "An
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APR - 9 1996 '"
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APR - 9 1996
AGREEMENT
I, Paul Listenberger of C R Florida, Inc.,as authorized
agent for Petition CU-96-3, agree to the following
stipulations requested by the Collier County Planning
Commission in their public hearing on March 21, 1996.
PLANNING:
a. The Planning & Technical Services Manager may
approve minor changes in the location, siting, or
height of buildings, 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, of the
Collier County Land Development Code (Ordinance No.
91-102).
STATE OF FLORIDA
COUNTY OF COLLIER
~~NER OR AGENT '
(JJJ V I J. J} rtff "e.Yj r r'
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Th':J.foregoing A
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, who
o me
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NOTARy PUB IC / -
Commission #
My Commission
OHICLAL iJJ(^.~Y Sl::^
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NOTARY pur-L!e ST^TE <, O!UD^
EXp1 es. OMMI5S!OtJ NO. C('"2.V.130
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Exhibit "c"
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APR - 9 1996
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REPRESENTATIVE FOR C C
STATE OF FLORIDA
COUNTY OF COLLIER
Uh foregoing,~ep.m~qt Sheet was acknowledged before me this
day of ~ ~ , 1996 by , who
s personally known to me or llhv I..,., p4uduced...
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as identification.
nature of No
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NOTARY PUBLIC
commission # eJL ~ / Co /2...
My Commission Expires:
16653
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