Resolution 2012-104RESOLUTION NO. 12- 10 4
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER
ZTLR- PL2012- 0000661 APPROVING MARTIAL ARTS
INSTRUCTION AS A PERMITTED USE IN THE WHITE LAKE
INDUSTRIAL CORPORATE PARK PLANNED UNIT
DEVELOPMENT. THE SUBJECT PROPERTY IS LOCATED IN
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in 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 (LDC)
(Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development (PUD); and
WHEREAS, on October 23, 2001 by Ordinance No. 2001 -59, the Board of County
Commissioners of Collier County approved a PUD known as the White Lake Industrial Corporate Park
Planned Unit Development ( "PUD ") for the subject property; and
WHEREAS, Section 3.2.A of the PUD provides for certain permitted uses, including
Subsection 3.2.A.36, "any other use, which is comparable in nature to the foregoing land uses as
determined by the Collier County Planning Services Director "; and
WHEREAS, the Petitioner, R. Bruce Anderson, Esquire of Roetzel & Andress, PA, on behalf
of the property owner, Lighthouse Properties, LLC, requested a determination that "martial arts
instruction" is "comparable in nature" to the permitted uses in the PUD; and
WHEREAS, the PUD permits "educational services"; and
WHEREAS, "physical fitness facilities" are permitted in the Industrial zoning district; and
WHEREAS, the subject property is in the Industrial Development Area of the PUD; and
WHEREAS, the Zoning Manager (successor to the Planning Services Director) determined that
"martial arts instruction" is a permitted use in the PUD by Zoning Verification letter dated March 21, 2012
attached as Exhibit "A"; and
White Lake PUD / ZLTR- PL2012 -0661 Page 1 of 2
Rev. 5/18/12
WHEREAS, the Petitioner requests an affirmation of the Zoning Manager's determination by the
Board of Zoning Appeals that "martial arts instruction" is a permitted use in the White Lake Industrial
Corporate Park PUD according to Section 3.2.A.36 of the PUD; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board having considered the advisability of granting the request by
Lighthouse Properties LLC for the permitted use.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
(1) The Zoning Verification letter dated March 21, 2012 is affirmed; and
(2) Martial arts instruction is a permitted use in the White Lake Industrial Corporate Park PUD,
according to Section 3.2.A.36 of the PUD.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote, this I a4� day of
�Un:, , 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
LL@t a� ,C4I y Clerk
a� gt►�tur� : r'" 3
Apofovet4' 4s' jo.� brm
and legal sufficiency:
IL7 w A-��
r Heidi Ashton -Cicko
Managing Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairm
Attachment: Exhibit A — Zoning Verification letter dated March 21, 2012
CP \12 -CPS- 01165 \4
White Lake PUD / ZLTR- PL2012 -0661 Page 2 of 2
Rev. 5/18/12
Co��ier C07r�.7�lt
y
GrovAh Management Division
Planning & Regulation
Land Development Services
March 21, 2012
R. Bruce Anderson, Esq.
Roetzel & Andress, LPA
850 Park Shore Drive
Naples, FL 34103
Re: Zoning Verification Letter ZLTR -PL- 2012 -0661; White Lake Martial Arts; 3526 and 3530
Plover Avenue; in Section 35, Township 49 South, Range 26 East, Collier County, Florida.
Property ID /Folio No: 81790004500 & 81790004526.
Dear Mr. Anderson:
Thank you for your request for Zoning Verification received on March 15, 2012. The subject
property is zoned Planned Unit Development (White Lake Industrial Corporate Park PUD) and is
designated as Industrial on the Future Land Use Map of the Growth Management Plan (GMP).
You requested verification of the use of a martial arts facility on the subject site.
The Standard Industrial Classification (SIC) Manual does not include a code for a martial arts
facility. It does, however, include the listing "Amusement and Recreation Services, Not
Elsewhere Classified" (SIC Code 7999). This SIC Code includes the uses "judo instruction ",
"karate instruction" and "gymnastics instruction "; which are generally understood to be similar
uses to martial arts instruction. This SIC Code is not listed as a permitted use within the White
Lake Industrial Corporate Park PUD. However, the PUD permits "any other use, which is
comparable in nature to the foregoing land uses as determined by the Collier County Planning
Services Director" (Section 3.2.A.36 of the PUD).
In consideration of the above, you state in your letter that martial arts instruction is educational
and the PUD permits "educational services" (SIC Codes 8243 — 8249). Those educational
services include aviation schools, art schools and vocational schools; therefore, forms of
education or instruction of students are permitted in the PUD.
You also state that "physical fitness facilities" (SIC Code 7991) are permitted in the Industrial
zoning district and are; therefore, comparable in nature to the uses in an industrial - format PUD.
SIC Code 7991 includes the language "establishments primarily engaged in operating reducing
and other health clubs, spas, and similar facilities featuring exercise and other active physical
fitness conditioning...". The phrase "active physical fitness conditioning" may generally be
understood to include martial arts instruction.
Therefore, based on the research and analysis above, it is the opinion of the Zoning Manager
(successor -in- authority to the Planning Services Director) that the following land uses are
comparable in nature to the permitted uses in Section 32A of the White Lake Industrial
0
Department of Land Development Services 9 2800 North Horseshoe Drive a Naples, FL 34104 • 239 - 252 -2400 a www.colliergov.net
Corporate Park PUD and are therefore permitted uses in the PUD:
Martial Arts Instruction.
Please note: according to the Office of the County Attorney, this determination must be
affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a
hearing is scheduled and when advertising fees are due.
Please be advised that the information presented in this verification letter is based on the Collier
County Land Development Code and /or Growth Management Plan in effect as of this date. It is
possible that subsequent amendment(s) to either of these documents could affect the validity of
this verification letter. It is also possible that development of the subject property could be
affected by other issues not addressed in this letter, such as, but not limited to, concurrency
related to the provision of adequate public facilities, environmental impact, and other
requirements of the Collier County Land Development Code or related ordinances.
Should you require further information or have any questions, please do not hesitate to contact
me at (239) 252 -4211 or fredreischl @colliergov.net.
Researched and prepared by:
Fr ischl, AICP, Senior Planner
Land Development Services
cc: Peggy Jarrell, Addressing Section
Laurie Beard, Commitment Tracking
Reviewed by:
Raym d V. Bellows, Zoning Manager
Land evelopment Services