Ordinance 92-068· , ORDINANCE 9'2-68 o'~''
O~IN~CE PROVIDING FOR ~E ESTABLIS~ENT
· /~' ~. -~PORTING ~D RECR~TION~ C~PS CONDITIONAL U~
[2 ~ ~ ~E "A" ZONING DI~I~ P~SU~T TO SE~IO~
I~ .~4~._ ~12.2.3.19 ~D 2.2.2.3.20 Or THS COLLIER CO~
X~ . *J~ ~ION 12, TO.SHIP 49 SO.H, ~GE 25 ~ST,
~ ~ ~OLLI~ CO~TY, F~RIDA; BY ESTABLISHING THE
~ ~RE~TIONSHIPS B~E~ O~IN~CES ~D RESOLUTIONS
~ G~TING CONDITIONAL USES; ~D BY PROVIDING ~
EFFE~IVE DATE.
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 Uses "19" and "20" in an "A" zone for sports
instructional schools and camps, and sporting and recreational
camps on the proper~y'.Reretnafter described, and has found as a
matter of fact (Exhibit "A") that satisfactory provision and
arrangement has 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 ORDAINED, BY THE BOARD OF ZONING APPEALS
of Collier County, Florida that:
--1--
SECTION ONE: ~rant' of Conditional Use.~
The petition filed by Craig Smith representing Naples
Progressive Gymnastics Center 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 Uses "19" and
"20" of the "A" zoning district for sports instructional schools
and camps, and sporting and recreational camps in accordance with
the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
Exhibit "D" which is attached hereto and incorporated by
reference herein.
SECTION TWO: Relationship Between Ordinance and Resolution
Granting Conditional Use.
In the event that it should be determined that the grant of
conditional uses should be by resolution, then this Ordinance shall
constitute a resolution for such purpose.
SECTION THREE: Effective Date.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED by the Board of Zoning Appeals of
Col~nt~ Florida, this /~-~/-< day of
~ / ._.~_ , 1992.
BOARD OF ZONING APPEALS
· - COLLIER COUNTY, FLORIDA
' '~ ' ' ' BY: ~ '"
" .' " '° MICHAEL J~ ~OLP£, CHAIRMAN
ATTEST: ' ·
J~s c. ~IKESE~L~
~.. legal sufficiency: Thl, o,~Inan~e {l~ed wlth
!!~ . ..... _Se_cretgry of S%qte's Offlc~ ~he
i~ -'/"~.',40~ '~ir'%· ~0~?_4. U.,(~.~6C and ocknowledgement of ti,at
Marjor~[e M. student f~[~r~rece[ved th~,~day
Assistant County Attorney of~d~,_~/
CU-92-2 ORDINANCE v j -~
nb/7311
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-92-2
The following facts are found:
1. 'Sectio~ 2.2.2.3.~9 & 2.2.2.3.20 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. Ingrese and egress to property and proposed
.~structures thereon with particular refer6nce 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 propertkes in relation to
noise, glare, economic or odor effects:
__ No affect or __Affect mitigated by __
__ Affec]t cannot be mitigated
D. Compatibility with adjacent propertie~ and
other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should,
with stipulations, (copy attachpd) (should not) be
recommended for approval .
DATE: CHAIRMAN:
FINDING OF FACT CHAIRMAN/md
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-92-2
The following facts are found:
1. Section 2.2.2.3.~Q 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 cther
property or uses in the same district or neighborhcod
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'~annot 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 N~
FINDING OF FACT ML"~BER/md
FINDING OF FACT
BY
COLLIER COUNTY PLANNING 'CO~LMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1.Section 2.2.2.3.20 of the Land Deve!op~ent
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 neighborhuod
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:
Adeq/uate ingress & egress
Yes ,C.-"' No__
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects: ·
No aff~or Affect mitigated
-- ca'not be
mitigated
ffec~-
D. Compatibiiit~ with adjacent properties and
other property in the district:
C°mpatibleuse~No~hinyes district
Based on the above findings, this con~3B'&~use/~hcu~d
recommended fp= approv~ ~'~'~_~' > '-
FINDING OF FACT M~/md
~.r.~; .~. ~z'~_ ~o~C~n~:,ts ~:~ :--._..' .v...,-;-....-- ..... .. ..,. · · ..
~,.. -~.~.~.~'~ ~,~.~. ';~ ..~,~::~:. ~, ~. - .. ,_........,.. - .... .. .
· .. ~,~.,. , .~.....,~.~::.~.~4~L~: ~,.i~.~.t.~, .' .~ . .-, ..., .... r, '~-~.'.- ' '-. · ·
..:';:':c~~?'~t:.i~i:~th' ' - ' ....... · .................. · ....
"i2,-y~'shi~ 4~".S~th/:~an.e.25,~etp. Colller~C~bty~,r16r~da, ~he' ·
,~e~T ..~u~ ~:.O 0:0~ .-~ 3., ~d..~al3 el,.~t h.~.~et L.:lin~:~f~.t ~e..so.u th':. .. ]
I
.'.'di~ ;~'~2'=."~':'"", t';';.-/'~:"t:'..'~-- :z::; :,-~:...,...,.: ..';' '.:, . . - '.'
':-"---~'-',-:'-': · ..... -.... '.. -. -r. .... ~'a e4o~:sa.'o aort~er~7.
no:tn~A~e "Ot'.t~- ~ouc~esc~'.:o~; the. :~outh~' :~ ;C~e. $ou~heas ~ ~
:,Rs~:l'2~Lv:~t~a'Ca:'~'~,~ ~.~';-35:.je~'t'~t~e~tr~'~ 0a'54'53". ~
.-og.~:R28?f~r'~eo~ ~un'-'~tl 7 -M',~32'..'~ '~ot.'[a' alia';-~'-: ~- ' ...... '-'
.~ " 'L ' · .,-, ,,... - .... ~. .. ~ , ,, , .... ~&.. :~t~hence tun . ,:
tance o~. ~.9~- fee~,~o .the ,Point' of.,B~%~n%nu..-.-.. ' '
EXHIBIT "B"
AGREEMENT
I, Craig Smith, as owner for Petition CU-92-2, agree to
the following stipulations requested by the Collier County
Planning Commission in their public hearing on July 2, 1992.
Planning Services:
a. · The Planning 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
(91-102).
b. All access to the proposed petition shall be through the
existing driveway to the Naples Progressive Gymnastics
facility· No additional driveways shall be allowed·
En~ineerin~:
a. The cabins are to remain under single ownership· If any
cabins are sold, causing a subdivision of land, platting
will be required·
Utilities;
a. Water distribution, to serve the project are to be
designed, constructed, conveyed, owned and maintained in
accordance with Collier County Ordinance No. 88-76, as
amended, and other applicable County rules and
regulations
·
b. All customers connecting to the water distribution
facilities to be constructed will be customers of the
County and will be billed by the County in accordance with
the County's established rates.
c. The septic tank shall be designed and constructed in full
compliance with Chapters 10D-6 and 10D-9 of the Florida
Administrative Code. When the Collier County water-Sewer
Districts 16" force main on the south side of Pine Ridge
EXHIBIT "D"
Road is available for service. The developer shall
connect to this facility. This connection shall be
accomplished by the construction of a pump station, force
main and jack and boring under Pine Ridge Road.
d. Provide appropriate barriers around the perimeter of the
septic tank and drainfield to ensure proper operation and
maintenance.
Water ManaGement:
a. The petitioner shall provide water quality volume to
compensate for the loss of detention are caused by the
location of the proposed drainfield.
b. Detailed water management calculations, prepared by a
Florida Registered Professional Engineer shall be
submitted prior to final construction plan approval.
Environmental:
a. Petitioner shall place environmental fencing outside of
the footprint of each building (and around cypress trees
to be retained within decks) to protect native vegetation
to be retained during construction. The protective
fencing shall remain in place until all construction is
completed and the buildings have been inspected for
Certificate of Occupancy.
b. Approval of this conditional use constitutes approval of
the necessary ST permit for this approved use only and
does not remove the ST zoning overlay from the property.
c. Replanting of wetland hardwoods and native shrubs shall be
complete prior to Certificate of Occupancy of each
building. The petitioner shall replace removed native
vegetation at the following ratios: 1.5 to 1 for cypress
removed; 1 to 1 for other trees; 1 to 1 for shrubs.
d. Prior to final site development plan approval the
petitioner shall provide a narrative management plan
indicating the manner in which the owner will preserve
the native plant communities pursuant to Section 3.9.5.3
of the Collier County Land Development Code.
e. Prior to final site development plan approval the
petitioner shall provide a maintenance plan fc)r continued
removal of exotic vegetation on the site in perpetuity
pursuant to Section 3.9.6.6 of the Collier County Land
Development Code. The petitioner shall also propose a
method of disposal of exotic vegetation (i.e. landfill for
mulching) prior to final site development plan approval.
ER ~R AGENT
State of Florida
County of Collier
. The foregoinq_Agreement Sheet was Dcknowledged before me this
as identtficati~n and who did (did not) take an oath.
fgnature of Notary Public)
(Prin~ Name of Notary Public)
NOT~Y PUBLIC
Serial/Co~tssion ~ ~ .~/~ 7
My Co~ission Expires:
C
State of Florida
County of Collier
The foregoin~greement Sheet was. acknowledged before me this
personally known ~ me/o~~uced
~den~at-ion' and who ~id (di~. not) take an oath. -
(~ignature of Notary Public)
:L (Print Name of Notary Public)
-: NOT~Y PUBLIC
Sertal/Co~ission ~ ~/) ~-~7~
;" My Commission Expires:
"': CU-92-2 AGREEMENT SHE./md ~ ~ ~ ~.~
soo 86
:'~' STATE OF FLORIDA )
'~' COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
i!'"' hereby certify that the foregoing is a true copy of:
Ordinance No. 92-68
which was adopted by the Board of County Commissioners on
the 15th day of September, 1992, during Regular Session.
WITNESS my hand and the officia/ seal of the Board of
County Commissioners of Collier County, Flortda,.thts l?th
day of September, 1992.
JAMES C. GILES .\m'....' ','......% ..
Clerk of Courts and Clerk ?.: '' '.~.
Ex-officio to Board of ,; ~;.
~C°unty Commiss!o~e~~ ..~- ...' :
;~ .... ? ..',.~
Deputy Clerk~,,