Agenda 12/16/2008 Item # 7C
Agenda Item No. 7C
December 16, 2008
Page 1 of 177
EXECUTIVE SUMMARY
CU-2006-AR-l1046: VI Ltd. Limited Partnership, represented by Richard Yovanovich of
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., requesting a Conditional Use for the
Moraya Bay Beach Club to allow a private club in the Residential Tourist (RT) zoning district
and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) of the Collier County Land
Development Code (LDC), as specified in Sections 2.03.02,E for the RT Zoning District and
2.03.07.L. for the VBRTO. The proposed private club will be located within the residential
building. The subject property, consisting of 4.96~ acres, is located at 1 t 125 Gulf Shore Drive, on
the corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 South, Range 25
East, Collier County, Florida. (Companion to V A-2006-AR-l1064)
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider an application for a Conditional Use to permit a
private club in the Residential Tourist (RT) zoning district, as specified in Subsections 2,03,02,E. and
2,03,07.L of the Collier County Land Development Code (LDC) for property that is also within the
Vanderbilt Beach Resort Tourist Overlay district (VBRTO) and ensure the project is in harmony with
all the applicable codes and regulations in order to ensure that the community's interests are
maintained,
CONSIDERATIONS:
The petitioners are seeking Conditional Use approval to allow the operation of a private club within the
Moraya Bay Beach Towers structure, in compliance with the LDC regulations found in Sections
2.03.02.E for the RT Zoning District and 2,03.07,1. for the VBRTO. The proposed private club will
be located within the residential building which is being constructed under the auspices of SDP-2004-
AR-6141 that was approved on November 27,2005 and the settlement agreement entered into on June
14, 2005 between the Board of County Commissioners, Van-Dev, Inc. and Vanderbilt Beach
Association, Ltd, The construction has not yet been completed, but the former structures on site, the
Vanderbilt Inn, has been demolished and construction of the Moraya Bay Beach Towers, an 1 I-story
building (nine floors with residential units over two levels of parking) is underway,
The Collier County Parks and Recreation Department was originally a co-applicant in this petition
because, as originally proposed, the site plan showed a separate building that was to house the private
club and a restroom facility that would be operated by the Parks and Recreation Department and open
to the public. The plan has changed after the first Neighborhood Information Meeting. Now the
private club will be located entirely within the Moraya Bay Beach tower structure and the restroom
facility will be constructed within the county's right.of-way through an agreement between the Parks
and Recreation Department and the Transportation Services Division, Collier County Parks and
Recreation Department has therefore been removed as a co-applicant in this petition, Instead, the
restroom facility is the subject of a separate Conditional Use application in CU-2008-AR-1320I,
FISCAL IMPACT:
~
The Conditional Use by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development, however, if
the Conditional Use is approved, a portion of the land could be developed and the new development
could result in an impact on Collier County public facilities,
Moraya Bay Beach Club, CU-2006-AR-l 1046
Deccmber 2, 2008 BCe hearing
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Agenda Item No. 7C
December 16, 2008
Page 2 of 177
The County collects impact fees prior to the issuance of building permits to help offset the impacts of
each new development on public facilities, These impact fees are used to fund projects identified in
the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted
Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of
concurrency management, the developer of every local development order approved by Collier County
is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project.
Other fees collected prior to issuance of a building permit include building permit review fees and
utility fees associated with connecting to the County's water and sewer system. Finally, additional
revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the
value of the improvements. Please note that impact fees and taxes collected were not included in the
criteria used by staff and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property is designated Urban/Urban - Mixed Use
DistrictlUrban Residential Subdistrict on the countywide Future Land Use Map, and is within the
Coastal High Hazard Area, This designation allows: residential development at a density of three
dwelling units per acre, unless density bonuses are awarded, Further, this property is identified on the
Consistent by Policy Maps, part of the Future Land Use Map series, as "improved property," As such,
via FLUE Policy 5,9, it is allowed to develop or redevelop in accordance with the existing RT zoning,
inclusive of conditional uses allowed in that zoning district. A private club is allowed in the R T zoning
district per Section 2.03,02E.l.c,5 of the Collier County Land Development Code, therefore is allowed
on this site within this designation, Based upon the above analysis, staff believes the proposed private
club use, and thus the Conditional Use petition to allow the use, is consistent with the GMP.
AFFORDABLE HOUSING IMPACT:
A Conditional Use application does not require the petitioner to provide an assessment of
affordable/gap/workforce housing needs that may be generated by the proposed use, The petitioner
has not offered to make any provisions to address Affordable- Workforce housing demand should the
need later arise,
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition to address any environmental concerns.
Because the site consists of disturbed lands and no protected species or wetland impacts were
identified on the site, this project did not trigger any thresholds that would have required the submittal
of an Environmental Impact Statement. Approval of this requested Conditional Use application is not
anticipated to create any adverse environmental issues.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Since no EIS was required, this petition did not require review by the EAC,
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition at its September 4, 2008
meeting. The petition was continued to the October 16, 2008 CCPC hearing because the CCPC
wanted additional information. The CCPC vote was tied 4 to 4, therefore no official recommendation
can be forwarded to the Board of Zoning Appeals (BZA), Commissioner Vigliotti made a motion of
Moraya Bay Beach Club, CU-2006-AR-ll 046
Dccember 2, 2008 BCC hearing
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Agenda Item No. 7C
December 16. 2008
Page 3 of 177
approval subject to staff and the CCPC stipulations and Commissioner Wolfley seconded it. Those
commissioners who supported the motion included Commissioners Wolfley, Strain, Vigliotti and
Homiak
Commissioner Wolfley indicated that he believed the proposed project was much less intense than the
previous use; the Vanderbilt Inn. Commissioner Strain indicated that he was supporting the motion
fmding the petition consistent with the GMP, the LDC and the Vanderbilt Beach Overlay. He stated
that based upon the code, there is no reason to deny this petition,
Those commission members who voted in favor of the petition included the following conditions:
1. "Moraya Bay Beach Tower (aka Vanderbilt Inn) Conceptual Site Plan," prepared by
VanasseDaylor, as revised through August 4, 2008, The site plan noted is conceptual in nature
for Conditional Use approval. The final design must be in compliance with all applicable
federal, state, and county laws and regulations,
2. The Conditional Use approval for a Private Club is limited to the pool and beach area, and a
maximum of 6,515 square feet of indoor area, In no case shall the club exceed a seating
capacity 0 f 250 seats combined inside and outside,
3, The Conditional Use is limited to the residents of the Moraya Bay Beach Tower and their
guests and non-resident members and their guests, Non-resident members and their guests
shall not exceed 250 people on site at anyone time. Events open to any segment of the public
shall be prohibited.
4, The Private Club outdoor hours shall be limited from 7:00 AM to one hour after sunset. The
Private Club indoor hours shall be limited from 7:00 AM to 11 :00 PM.
5, The Private Club entity shall provide shuttle service to this private club facility twice per
hour during all operating hours, except that the shuttle may run 1 hour before opening and I
hour after closing,
6, Use of the private club by non-Moraya Bay Beach Tower resident members shall be limited
to those persons who reside in either the Cocohatchee or the Dunes projects. All non-resident
members shall be shuttled to the facility. Anival by private vehicle other than the shuttle is
prohibited,
7. All employee parking spaces for the private club shall be provided on the Moraya Bay
property.
8. Outside amplitied music shall not be emitted from the private club except for background
music--which is any music or sound played at the Moraya Bay property whose main function is
Moraya Bay Beach Club, CU-2006-AR-l 1046
December 2, 2008 BCC hearing
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Agenda Item No. 7C
December 16, 2008
Page 4 of 177
to create an atmosphere suitable to a specific occasion rather than to be listened to--unless prior
approval is granted by the Moraya Bay Beach Tower property owner association,
9, Use of the public turn around on the proposed Bluebill Avenue extension by the private
club's shuttle service is prohibited, Shuttle service vehicles must use the Moraya Bay Beach
Tower's private entrance only,
10. The developerlmanagement entity of the private club shall maintain shuttle monitoring to
ensure that private club users utilize the shuttle service only and the private club complies with
the 250 person limit. Monitoring shall consist of, at a minimum, the shuttle driver and the club
managerlor designee both requiring all persons at the club to electronically check in and check
out of the private club, The monitoring information shall be made available to the county upon
demand,
II, The public shall be allowed on the private (owned by Moraya Bay Beach Tower entity)
beach area west of the dune restoration area,
The four commissioners who did not support the approval motion included Commissioners Caron,
Midney, Schiffer and Kolflat. Their concerns included compatibility and over intensification of the
uses on site. Commissioner Caron noted in her reasons for recommending denial that she believes that
the private club use is incompatible with the residential uses and she said she had concerns about
potential noise issues for the residents of the Moraya Bay Beach Tower. Also, Commissioner Caron
stated that she had concerns because this club was not connected to a commercial operation such as a
resort or hotel/motel use but was instead connected to a residential use. Commissioner Caron also
indicated that she was concerned that the private club operation was too large, citing size differences
between this project's proposal and some of the others discussed at the hearing such as the Floridian
Club. She noted that the LaPlaya private club is large, but it is connected to a commercial hotel.
Commissioner Midney said he would not support the motion because he believes the proposed private
club is an intensification and it is incompatible with the neighborhood, citing a special concern about
this project's intensification is incompatible with the state park,
Commissioner Schiffer had concerns that there was some inference or assumption by the developer
that since a 20- foot wide beach access was provided to Collier County as part of the settlement
agreement, then approval of a private club should be more or less automatic, Commissioner Schiffer
indicated that he has concerns about the height of the buildings, He said he was voting against the
petition because he believes the private club is an over intensification of the site. He added later that
he thought the neighbors had concerns about potential parking problems that might occur in the future,
similar to what occull'ed with the Vanderbilt Inn,
Commissioner Kolflat indicated that he was not supporting this petition because he believed this
project was an over intensification.
Because the CCPC motion was not a unanimous recommendation of approval, this petition could not
be placed on the summary agenda,
Moraya Bay Beach Club, CU-2006-AR-1I046
Dccember 2, 2008 BCC hearing
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Agenda Item No. 7C
December 16, 2008
Page 5 of 177
LEGAL CONSIDERATIONS:
Before you is a recommendation by the Planning Commission for approval of a Conditional Use
authorizing a private club in the Residential Tourist (RT) zoning district for property that is also within
the Vanderbilt Beach Resort Tourist Overlay district (VBRTO), A Conditional Use is a use that is
permitted in a particular zoning district subject to certain restrictions, Decisions regarding Conditional
Uses are quasi-judicial, and all testimony given must be under oath. The attached report and
recommendations of the Planning Commission required are advisory only and are not binding on you,
Petitioner has the burden of demonstrating that the necessary requirements have been met, and you
may question Petitioner, or staff, to satisfY yourself that the necessary criteria has been satisfied. In
addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem
appropriate to allow the use, provided that there is competent, substantial evidence that these additional
conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order,
comfort, convenience, appearance, or the general welfare of the neighborhood, As a further condition
of approval of the Conditional Use, you may require that suitable areas for streets, public rights-of-
way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use,
subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution, with
approval of the Conditional Use requiring four affirmative votes of the Board, This item is quasi-
judicial and as such requires ex parte disclosures, The proposed Resolution was prepared by the
County Attorney's Office and is legally sufficient for Board action. (HF AC)
SUMMARY:
Staff continues to recommend approval of this petition, also finding that the petition is consistent with
the GMP, and in compliance with the settlement agreement, the LDC and the VBRTO if the conditions
recommended by staff and the affirmative voting CCPC members are adopted.
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals approve petition CU-2006-AR-II046 subject to
staffs and the CCPC conditions of approval as follows:
1. "Moraya Bay Beach Tower (aka Vanderbilt Inn) Conceptual Site Plan," prepared by
V anasseDaylor, as revised through August 4, 2008, The site plan noted is conceptual in nature
for Conditional Use approval. The final design must be in compliance with all applicable
federal, state, and county laws and regulations.
2. The Conditional Use approval for a Private Club is limited to the pool and beach area, and a
maximum of 6,515 square feet of indoor area. In no case shall the club exceed a seating
capacity of 250 seats combined inside and outside,
3. The Conditional Use is limited to the residents of the Moraya Bay Beach Tower and their
guests and non-resident members and their guests, Non-resident members and their guests shall
not exceed 250 people on site at anyone time, Events open to any segment of the public shall
be prohibited,
4, The Private Club outdoor hours shall be limited from 7:00 AM to one hour after sunset. The
Private Club indoor hours shall be limited from 7:00 AM to II :00 PM,
5. The Private Club entity shall provide shuttle service to this private club facility twice per
Moraya Bay Beach Club, CU-2006-AR-I1046
December 2, 2008 BCC hearing
50f6
Agenda Item No. 7e
December 16, 2008
Page 6 of 177
hour during all operating hours, except that the shuttle may run 1 hour before opening and 1
hour after closing.
6. Use of the private club by non-Moraya Bay Beach Tower resident members shall be limited
to those persons who reside in either the Cocohatchee or the Dunes projects. All non-resident
members shall be shuttled to the facility, Arrival by private vehicle other than the shuttle is
prohibited.
7, All employee parking spaces for the private club shall be provided on the Moraya Bay
property,
8, Outside amplified music shall not be emitted from the private club except for background
musicnwhich is any music or sound played at the Moraya Bay property whose main function is
to create an atmosphere suitable to a specific occasion rather than to be listened tOnunless prior
approval is granted by the Moraya Bay Beach Tower property owner association,
9. Use of the public turn around on the proposed Bluebill Avenue extension by the private
club's shuttle service is prohibited, Shuttle service vehicles must use the Moraya Bay Beach
Tower's private entrance only,
10. The developerlmanagement entity of the private club shall maintain shuttle monitoring to
ensure that private club users utilize the shuttle service only and the private club complies with
the 250 person limit. Monitoring shall consist of, at a minimum, the shuttle driver and the club
managerlor designee both requiring all persons at the club to electronically check in and check
out of the private club. The monitoring information shall be made available to the county upon
demand.
11. The public shall be allowed on the private (owned by Moraya Bay Beach Tower entity)
beach area west of the dune restoration area,
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
Moraya Bay Beach Club, CU-2006-AR-11 046
December 2, 2008 BCC hearing
6016
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item No. 7C
December 16, 2008
Page 7 of 177
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7C
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members: CU-2006-AR~11046: VI Ltd. Limited Partnership, represented by
Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A.,
requesting a Conditional Use for the Moraya Bay Beach Club to allow a private club in the
Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay
district (VBRTO) of the Collier County Land Development Code (LOC), as specified in
Sections 2.03.02.E for the RT Zoning District and 2.03.07L for the VBRTO. The proposed
private club will be located within the residential building. The subject property, consisting of
4.96 acres, is located at 11125 Gulf Shore Drive, on the corner of Gulf Shore Drive and
Bluebill Avenue, in Section 29, Township 48 South, Range 25 East. Collier County, Florida.
(Companion to VA-2006-AR-11 064)(CTS)
12/16120089:00:00 AM
Prepared By
Kay Deselem, AICP
Community Development &
Environmental Services
Principal Planner
Date
Approved By
Zoning & Land Development Review
9122120089:32:43 AM
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Approved By
Zoning & Land Development Review
1114120085:48 PM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
11/7120082:32 PM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
11/12/20088:12 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
Date
11113120082:38 PM
Approved By
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
1111312008 3:55 PM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
County Attorney Office
Date
11126120084:19 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
file:/IC:\AgendaTest\Export\ 1 ] 8-December%20 16,%202008\07 ,%20BOARD%200F%20..,
12/1 0/2008
Page 20f2
Agenda Item No. 7C
December 16, 2008
Page 8 of 177
Community Development & Community Development &
Environmental Services Environmental Services Admin.
11130120084:49 PM
Approved By
OMS Coordinator
Applications Analyst
Information Technology
Date
Administrative Services
1212120083:23 PM
Approved By
Mark Isackson
Budget Analyst
Office of Management & Budget
Date
County Manager's Office
1212120085:22 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1215/20088:14 PM
file:/IC:\AgendaTest\Export\ 118-December%20 16,%202008\07.%20BOARD%200F%20..,
1211 0/2008
Agenda Item No. 7C
December 16, 2008
Page 9 of 177
Co1Ntr County
- ....~ ~- -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING: APRIL 17,2008
SUBJECT: PETITION CU-2006-AR-l1 046, MORAY A BAY BEACH CLUB
PROPERTY OWNER! APPLICANTS:
AGENT:
VI Ltd, Limited Partnership
800 Laurel Oak Dr., # 300
Naples, FL 34108
Collier County Parks & Recreation
3300 Santa Barbara Blvd,
Naples, FL 34116
Richard D, Yovanovich
Goodlette, Coleman, Johnson
Yovanovich & Koester, P.A.
4001 Tamiami Trail N, Suite 300
Naples, FL 34103
REOUESTED ACTION:
The petitioner requests approval of a Conditional Use for the Moraya Bay Beach Club to allow a
private club in the Residential Tourist (RT) zoning district, as specified in Subsections 2.03,02,E.
and 2.03.07,L of the Collier County Land Development Code (LDC) for property that is also
within the Vanderbilt Beach Resort Tourist Overlay district (VBRTO),
GEOGRAPHIC LOCATION:
The subject property, consisting of 4.96I acres, is located at 11125 Gulf Shore Drive, on the
comer of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 South, Range 25
East, Collier County, Florida (see location map on the following page),
PURPOSEIDESCRIPTION OF PROJECT:
The petitioners are seeking Conditional Use approval to allow the operation of a private club
within the Moraya Bay Beach Towers structure, in compliance with the LDC regulations found
in Sections 2,03.02,E for the RT Zoning District and 2,03,07,L. for the VBRTO. The proposed
private club will be located within the residential building which is being constructed under the
auspices of SDP-2004-AR-6141 that was approved on November 27, 2005 and the settlement
agreement entered into on June 14, 2005 between the Board of County Commissioners, Van.
Moraya Bay, eU-2006-AR-11046
June 19, 2008 cepe
Page 1 of 6
Agenda Item No. 7C
December 16, 2008
Page 10 of 177
Dev, Inc, and Vanderbilt Beach Association, Ltd, The construction has not yet been completed,
but the former structures on site, the Vanderbilt Inn, has been demolished and construction of the
Moraya Bay Beach Towers, an II-story building with 2 levels of parking at the bottom is
underway.
The Collier County Parks and Recreation Department is a co-applicant in this petition because,
as originally proposed, the site plan showed a separate building that was to house the private club
and a restroom facility that would be operated by the Parks and Recreation Department and open
to the public. The plan has changed after the first Neighborhood Information Meeting, Now the
private club will be located entirely within the Moraya Bay Beach tower structure and the
restroom facility will be constructed within the county's right-of-way through an agreement
between the Parks and Recreation Department and the Transportation Services Division, The
restroom facility is the subject of a separate Conditional Use application in CU-2008-AR-13201
that will be heard at an as yet undetermined future date,
SURROUNDING LAND USE & ZONING:
North:
East:
Delnor-Wiggins Pass State Park, zoned CON-ST
Gulf Shore Drive, then Vanderbilt Landings, developed high nse residential
structures, with a zoning designation ofRMF-16
Vanderbilt Gulfside Condominiums, developed high rise residential structures, with
a zoning designation ofRMF-16
Gulf of Mexico
South:
West:
AERIAL MAP
Moraya Bay, CU-2006-AR-11046
June 19, 2008 CCPC
Page 2 of 6
Agenda Item No. 7C
December 16, 2008 .
Page 11 of 177
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located within the Urban designated area (Urban - Mixed Use District,
Urban Residential Subdistrict) as identified on the countywide Future Land Use Map (FLUM),
and is within the Coastal High Hazard Area, This designation allows residential development at
a density of three dwelling units per acre, unless density bonuses are awarded. Further, this
property is identified on the Consistent by Policy Maps, part of the FLUM series, as "improved
property." As such, via Future Land Use Element (FLUE) Policy 5,9, this site is allowed to
develop or redevelop in accordance with the existing R T zoning, Conditional uses, such as
private clubs intended solely for the use of the owners and their guests as is proposed in this
petition's companion request, are allowed.
ANALYSIS:
Before any conditional use can be recommended to the Board of Zoning Appeals (BZA), the
Planning Commission must make a fmding that: I) granting approval of the conditional use will
not adversely affect the public interest; 2) all specific requirements for the individual conditional
use are met; and 3) satisfactory provisions have been made concerning the following matters,
where applicable:
1, Consistency with the Land Development Code and the Growth Management Plan.
As noted above, this proposal is consistent with the provisions of the Growth Management
Plan, Private Clubs are allowed with Conditional Use approval in the RT Zoning District and
the VBRTO of the LDC. With the conditions of approval included by staff, the proposal may
be found consistent with all of the applicable provisions of the LDC.
2. Ingress and egress to the 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.
Transportation Planning staff has reviewed the petition and there are no outstanding issues
associated with vehicular access and traffic control. As shown on the Conceptual Site Plan,
adequate vehicular access to the site would be afforded from an access onto Gulf Shore Drive
and from Bluebill Avenue in the two-lane vehicular turn around and easement provided as
part of the June 14, 2005 Settlement Agreement. Pedestrian access would be provided by a
sidewalk that will be required as part of the Site Development Plan (SDP) approval. That
sidewalk will be provided along the Gulf Shore Drive and Bluebill A venue frontages as part
of the on-going construction. The petitioner has agreed to provide shuttle service for the
private club patrons as shown in the proposed conditions to address potential traffic
congestion at the site,
3, The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
Moraya Bay, eU-2006-AR-11046
June 1S, 2008 cepe
Pase 3 of 6
Agenda Item No. 7C
December 16, 2008
Page 12 of 177
The petItIoners have held two Neighborhood Information Meetings (NIM) with the
neighboring property owners, As a result of input from the first meeting, the private club
plan was revised to place the use within the existing building rather than construct a separate
structure. Housing the use within the existing structure should adequately negate any noise,
glare or odor emanating from the private club that would affect neighboring property owners.
4. Compatibility with adjacent properties and other property in the district.
The Moraya Bay Beach Tower, as noted above is subject to the terms of a settlement
agreement. According to that settlement agreement:
The settlement offer protects the public interests served by the LOG and VBRTO
by increasing view corridors, light and air movement and decreasing canyonization,
by encouraging redevelopment sensitive to existing scale, compatibility and sense
of place; by providing recreational facilities; and by developing, utilizing and
protecting natural resources.
Additional limitations were offered at the second NIM to address concerns raised. Staff has
incorporated the limitations offered by the petitioners into conditions of approval that should
accompany any recommendation of approval (see Staff Recommendation portion of this staff
report),
With the exception of Condition 1 that identifies the site plan, the conditions should limit the
impact the private club could have on neighboring property owners, and thus, the proposed
private club use should be compatible with the neighboring properties. Furthermore, staff
believes the proposed conditions as incorporated into the conditional use, if approved,
adequately protect the public's interest.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Pursuant to LDC Section 8,06.03 0.1 Powers and Duties. the EAC did not review this petition
because no protected species or wetland impacts were identified on the site.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicants/agents duly noticed and held the second NIM for the petition October 30, 2007,
5:30 PM, Twenty nine people attended, as well as the applicants' team, Zoning staff, and
officers of the Collier County Sheriff's Office.
Remarks, concerns, questions. vetted: Questions were raised about who is building and paying
for the turnaround and what the proposal called for regarding building elevations, hours of club
operation, the number of occupants to be allowed on-site, how traffic on Bluebill Avenue and
Gulf Shore Drive will be addressed and gencral questions regarding the easement and right-of-
way proposals for buildings and turnaround, parking plans,
Moraya Bay, eU-2006-AR-11046
June 19, 2008 cepe
Page 4 of 6
Agenda Item No. 7C
December 16, 2008
Page 13 of 177
Agentldevelooer statements/commitments: Marla Ramsey, Public Services Division
Administrator stated, "$500,000 is earmarked for the bathrooms and turnaround, working with
the developer." She also said the bathrooms will be maintained by County Parks and Recreation
department normally: two times a day. The agent for the applicants, Mr. Rich Yovanovich,
stated, "The beach club is inside the main building; same footprint." (The) bathrooms will be on
2nd floor, twenty feet in height from existing grade." Mr. Y ovanovich also stated the "beach
club's outdoor hours will be 7:00 AM to one hour after sunset. The beach club's indoor hours
will be 7:00 AM to 11:00 PM. We're also asking for 12 exceptions for special events with
limited occupancy [Staff note: Those 12 exceptions are not within the review purview of the
conditional use], counting the 72 units and up to 250 non-resident members on site occupants,
only at night until II :00 PM." He also stated that there will be a limit of twelve vehicles that can
be parked outside at any given time, and the developer will provide shuttle service twice per
hour. Mr. Yovanovich said, "The public hearings are not scheduled as of today; the right-of-way
easement and the Bluebill Extension are county owned." Sheriffs officers from the North
Naples District Substation discussed their duties relative to directing traffic on weekends and
holidays at Bluebill Avenue and Gulf Shore Drive. A non-emergency and desk phone numbers
were given to an audience member in answer to traffic concern issues. There were no statements
of opposition to the proposals discussed at this NIM and the meeting adjourned at 6:26 PM.
(Provided by Linda Bedtelyon, CDES Community Planning Coordinator)
STAFF RECOMMENDA nON:
Staff recommends that the Collier County Planning Commission recommend approval of
Petition CU-2005-AR-II046 to the Board of Zoning Appeals, subject to the following
conditions:
I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Moraya Bay Beach Tower (aka Vanderbilt Inn) Conceptual Site Plan," prepared by
VanasseDaylor, as revised through February 8, 2008, and accepted by Collier County on
March 12, 2008. The site plan noted is conceptual in nature for conditional use approval.
The final design must be in compliance with all applicable federal, state, and county laws
and regulations.
2. The Conditional Use approval for a Private Club is limited to the residents of the Moraya
Bay Beach Tower and their guests and a maximum of 250 non-resident members on site
at anyone time. Events open to any segment of the public shall be prohibited.
3. The Private Club outdoor hours shall be limited from 7:00 AM to one hour after sunset.
The Private Club indoor hours shall be limited from 7:00 AM to II :00 PM.
4. The Private Club entity shall provide shuttle service to this private club facility twice per
hour during all operating hours. All non-resident members shall be shuttled to the
facility,
Moraya Bay, eU-2006-AR-11046
June 19, 2008 cepe
Page 5 016
Agenda Item No. 7C
December 16, 2008
Page 14 01 177
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
CHIEF ASSISTANT COUNTY ATTORNEY
DATE
RAY BELLOWS, MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
SUSAN M. ISTENES, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Collier County Planning Commission:
MARK P. STRAIN, CHAIRMAN
DATE
Tentatively scheduled for the September 23,2008 Board ofCounly Commissioners Meeting
Moraya Bay, eU-2006-AR-11046
June 19, 2008 cepe
Page 6 016
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Agenda Item No. 7C
December 16, 2008
Page 16 of 177
Co~r County
~ -,.........
-
SUPPLEMENTAL
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JULY 3, 2008
RE:
PETITION CU.2006-AR-II046, MORAYA BAY BEACH CLUB
PROPERTY OWNERS/APPLICANTS:
AGENT:
VI Ltd, Limited Partnership
800 Laurel Oak Dr., # 300
Naples, FL 34108
Collier County Parks & Recreation
3300 Santa Barbara Blvd.
Naples, FL 34116
Richard D. Yovanovich
Goodlette, Coleman, Johnson
Yovanovich & Koester, P.A.
4001 Tamiami Trail N. Suite 300
Naples, FL 34103
REOUESTED ACTION:
The petitioner requests approval of a Conditional Use for the Moraya Bay Beach Club to allow a private
club in the Residential Tourist (RT) zoning district, as specified in Subsections 2.03.02.E. and 2.03.07.L
of the Collier County Land Development Code (LDC) for property that is also within the Vanderbilt
Beach Resort Tourist Overlay district (VBRTO).
PROJECT STATUS:
This petition was originally scheduled to be heard by the Collier County Planning Commission (CepC)
on April 17, 2008, but the agent requested a continuance on April 14, 2008 citing scheduling conflicts as
the reason for the continuance.
A revised application has been submitted to reflect a name change for one petitioner from VI Partners,
Ltd. To VI Ltd., Limited Partnership (copy attached), and the conceptual site plan (copy attached) has
been revised to re-instate a trellis that is the subject of a separate variance petition. The petitioners have
opted not to have the two petitions follow the same hearing schedule. The variance petition will be
scheduled for a hearing in the future.
Moraya Bay, CU-2006~AR-II046
July 3. 2008 eepe
Page I of3
Agenda Item No. 7C
December 16, 2008
Page 17 of 177
The petitioner also proposes a third petition, CU-2008-AR-13201, which seeks approval of a
Conditional Use for public restroom facilities. Initially that issue was to be a companion item with this
Conditional Use application. That petition, like the variance petition, will not follow the same hearing
schedule. It will be heard on a yet to be determined date.
Correspondence from the public has been submitted; those items are attached.
SUPPLEMENTAL ANALYSIS:
None of the information that has been submitted requires additional staff analysis. Therefore, staffs
position has not changed from the original staff report submitted for the April 17, 2008 hearing except to
recognize the revised date for the site plan.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition CU-2005-AR-II 046
to the Board of Zoning Appeals with a recommendation of approval subject to the following conditions:
I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Moraya Bay Beach Tower (aka Vanderbilt Inn) Conceptual Site Plan," prepared by VanasseDaylor, as
revised through April 22, 2008, and accepted by Collier County on March 12,2008. The site plan noted
is conceptual in nature for conditional use approval. The final design must be in compliance with all
applicable federal, state, and county laws and regulations.
2. The Conditional Use approval for a Private Club is limited to the residents of the Moraya Bay
Beach Tower and their guests and a maximum of 250 non-resident members on site at anyone time.
Events open to any segment of the public shall be prohibited.
3. The Private Club outdoor hours shall be limited from 7:00 AM to one hour after sunset. The
Private Club indoor hours shall be limited from 7:00 AM to 11 :00 PM.
4. The Private Club entity shall provide shuttle service to this private club facility twice per hour
during all operating hours. All non-resident members shall be shuttled to the facility.
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
Moraya Bay. eU.2006.AR.ll046
July 3, 2008 cepe
Page 2 of3
Agenda Item No. 7C
December 16, 2008
Page 1801177
MARJORIE M. STUDENT-STIRLING
CHIEF ASSISTANT COUNTY ATTORNEY
DATE
RAY BELLOWS, MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
DATE
SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Collier County Planning Commission:
MARK P. STRAIN, CHAIRMAN
DATE
Tentatively scheduled for the September 23, 2008 Board of County Commissioners Meeting
Attachments: Continuance form submitted by the petitioners' agent
Revised Application for Public Hearing
Correspondence from the public
Site Plan, last revised 4/22108
Moraya Bay, CU-2006-AR-l1 046
July 3, 2008 eepe
Page 3 of3
Agenda Item No. 7C
December 16. 2008
Page 19 of 177
Co~r County
- ...~
SUPPLEMENTAL
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: SEPTEMBER 4, 2008
RE:
PETITION CU-2006-AR-Il 046, MORAY A BAY BEACH CLUB
(COMPANION TO CU-2008-AR-13201 and V A-2006-ARl1064)
PROPERTY OWNER/AGENT:
Owner(s):
VI Ltd. Limited Partnership
800 Laurel Oak Dr., # 300
Naples, FL 34108
Collier County Parks & Recreation Department
3300 Santa Barbara Boulevard
Naples, FL 34116
Agent:
Mr. Richard D. Yovanovich
Goodlette, Coleman, Johnson Yovanovich & Koester, P.A.
4001 Tamiami Trail N. Suite 300
Naples, FL 34103
REOUESTED ACTION:
To have the Collier County Planning Commission (CCPC) consider an application for Conditional Use
No.5 of the Residential Tourist (RT) zoning district, as specified in Subsections 2.03.02.E.1.c.5 and
2.03.07.L.5.c.v. of the Collier County Land Development Code (LDC) to allow a private club (Moraya
Bay Beach Club) for property that is also located within the VanderbiJt Beach Resort Tourist Overlay
district (VBRTO).
PROJECT STATUS:
This petition was originally scheduled to be heard by the Collier County Planning Commission (CCPC)
on April 17, 2008, but the agent requested a continuance on April 14, 2008 citing scheduling conflicts as
the reason for the continuance. The petition was rescheduled for July 3, 2008 CCPC but they again
requested a continuance to allow time to provide additional information in response to questions that
arose during the intervening time. A revised application has been submitted to address parking issues as
well as revised site plans (copies attached).
Moraya Bay, CU.2006-AR-ll046
September 4, 2008 cepe
Page 1 of4
Agenda Item No. 7C
December 16, 2008
Page 20 of 177
This petition and its companion petitions, V A-2006-AR-11064 and CU-2008-AR-3201 will be heard at
the same CCPC meeting. The variance petition seeks relief for a trellis that the petitioner is placing
between the main Moraya Bay Beach Club residential tower structure and the property line that will be
adjacent to the proposed restroom facilities which is the subject of the other companion request, CU-
2008-AR-13201.
The CU-2008-AR-13201 petition seeks approval of a Conditional Use to allow construction of public
restroom facilities within the right-of-way of Bluebill Avenue. Initially when the subject petition AR
11046 was first submitted, the petitioners proposed to have the private club and the restroom facilities
within the same structure. That structure was to be constructed on the Moraya Bay Beach Club
property. Since that time, the Moraya Bay Beach Club has decided to put the private club within the
tower structure; a separate structure will not be provided, therefore the restroom facility needs its own
Conditional Use petition. The exhibit below, entitled "View Looking East," shows the Moraya Bay
Beach Tower residential structure, the trellis, and the restroom facilities.
,_~__._._.~_w~.__.
'w~~_w.__..__~_~.,____
VIEW Loo""",~ EAST
(wm< ..~"""'.,., F..C...,,-y ""~yJ
BLUEBILL AVENUE BEACH
\11'. II \il 1\.1 Ill)
0.- \.'_,",'1ISI!>.I''\.
.".
DCT08n2S.2007
SUPPLEMENTAL ANALYSIS:
This petition was continued to address parking for members who are not members or guests of Moraya
Bay Beach Club residential tower. It is understood that on-site residents' vehicles will already have
been accommodated in the tower facility, however up to 250 persons could be members without being
residents of that facility. Although the applicants have indicated that a shuttle will be provided, it was
not clear how the shuttle operation would be conducted. For example, where would the vehicles park
that would be shuttled to the site? Concerns were raised that club members would overwhelm the public
beach parking leaving little parking available for the public wanting to use the beach.
Moraya Bay, CU-2006-AR-II046
September 4, 2008 cepe
Page 2 of4
Agenda Item No. 7C
December 16, 2008
Page 21 of 177
The petitioner has provided a more detailed site plan that shows the private club's location within the
residential facility. That site plan also shows parking calculations for the proposed use based upon I
space for every 3 seats within the club with a maximum of 250 seats being provided in the club. Staff
has included a condition that limits the Conditional Use to the square footage provided on the site plan
and the seating proposed for parking standards. A site plan showing the "Club Facility" has also been
provided. The applicants' agent has addressed the parking issue with the submittal of an Administrative
Parking Reduction request, APR-2008-AR-13610, that was submitted on August 7, 2008. That petition
seeks to allow the non-resident member parking to be provided off site. The applicants' agent calculates
that the non-resident member parking will generate the need for 83 parking spaces, all of which will be
provided off site with the shuttle operating twice per hour to take persons back and forth to the Moraya
Bay Beach Club's private club. The agent has agreed to accept a condition that will not allow the
private club's membership to be expanded to non-residents until such time as the off-site parking lot is
operational. Staff has included a condition to address that limitation.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition CU-2005-AR-II 046
to the Board of Zoning Appeals with a recommendation of approval subject to the following conditions:
1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Moraya Bay Beach Tower (aka Vanderbilt Inn) Conceptual Site Plan," prepared by
VanasseDaylor, as revised through August 4, 2008. The site plan noted is conceptual in nature
for conditional use approval. The final design rnust be in compliance with all applicable federal,
state, and county laws and regulations.
2. The Conditional Use approval for a Private Club is limited to a maximum of6,515 square feet of
area. In no case shall the club exceed a seating capacity of 250 seats combined inside and
outside.
3. The Conditions Use is limited to the residents of the Moraya Bay Beach Tower and their guests
and a maximum of 250 non-resident members on site at anyone time. Events open to any
segment of the public shall be prohibited.
4. The Private Club outdoor hours shall be limited from 7:00 AM to one hour after sunset. The
Private Club indoor hours shall be limited from 7:00 AM to II :00 PM.
5. The Private Club entity shall provide shuttle service to this private club facility twice per hour
during all operating hours. All non-resident members shall be shuttled to the facility. Arrival by
private vehicle other than the shuttle is prohibited.
6. Use of the private club by non-resident members shall be prohibited until such time as the
petitioner has received off-site parking approval or otherwise made accommodations to provide
the required 83 parking spaces.
PREPARED BY:
Moraya Bay, eU.2006.AR.II046
September 4,2008 cepe
Page 3 of 4
Agenda Item No. 7C
December 16. 2008
Page 22 of 177
DATE
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
DATE
RAYMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRA TOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Collier County Planning Commission:
DATE
MARK P. STRAIN, CHAIRMAN
Tentatively scheduled for the October 28,2008 Board of County Commissioners Meeting
Attachments: Revised Application for Public Hearing
Site Plan, last revised 8/4/08
Moraya Bay, CU-2006-AR-I] 046
September 4, 2008 cepe
Pagc4of4
Agenda Item No. 7C
December 16. 2008
Page 23 of 177
Co~r County
~ ""'""----
SUPPLEMENTAL STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE:
OCTOBER 16, 2008
RE:
PETITION CU-2006-AR-II 046, MORAY A BAY BEACH CLUB
(COMPANION TO CU-2008-AR-13201 and V A-2006-ARII064)
The Collier County Planning Commission (CCPC) heard this petition at its September 4,2008 meeting.
The petition was continued to the October 16, 2008 CCPC hearing because the CCPC wanted additional
information, with the petitioner's agent providing the bulk of the information. The concerns that are to
be addressed are as follows:
1. The parking calculations for the private club - to be provided by agent
2. Diagram of proposed off-site parking area -- to be provided by agent
3. Monitoring plan to track number of members on site (to assure compliance with the
proposed zoning conditions) -- to be provided by agent
4. Copies of Moraya Bay Beach Tower Site Development Plans (lI"x 17") showing parking
and open space calculations -- to be provided by agent
5. Waiver for second floor parking - to be provided by agent
6. Re-review by Comprehensive Planning Staff to address membership of non-residents -- to
be provided by staff
7. La Playa private club parking information (The agent has provided information about the
Floridian Club as well) -- to be provided by agent
8. Remove Parks and Recreation as co-applicant -- to be completed by staff
9. Exhibit to show the delineation of beach area for private and public use - to be provided by
agent
10. Noise escaping outside the facility - agent asked to consider addressing but no submittal
required
11. Question raised by Commissioner Schiffer: If the private club is added to the residential
tower, does the overall project become a mixed use project? Commissioner Schiffer indicated he
would do his own research on this issue. but staff has also investigated the issue.
Moraya Bay, CU-2006-AR-IIQ46
October 16, 2008 cepe
Pagelof5
Agenda Item No. 7C
December 16. 2008
Page 24 of 177
ITEMS TO BE ADDRESSED BY STAFF.
Staff has investigated Items 6, 8 and II as noted above, and offers the following information for
consideration by the CCPC.
Item 6: Re-review by Comprehensive Planning Staff to address membership of non-residents.
The original memo from Comprehensive Planning (dated January 26, 2007) stated, "Conditional uses,
such as private clubs intended solely for the use of the owners and their guests, are allowed by this
designation." The CCPC was concerned that since the petition indicates that the private club will be
used by non-owners and their guests, the CU was not consistent with the GMP.
Comprehensive Planning staff has re-reviewed the petition and has provided a revised memo dated
September 10, 2008 that indicates that this project is consistent with the GMP whether the club is limited
to residents of the Moraya Bay Beach Tower itself or not (see Staff Attachment #1).
Item 8: Remove Parks and Recreation as co-applicant.
The petitioner's agent had revised the application in the July 31, 2008 indicating that there was only one
applicant; staff inadvertently did not revise the supplemental staff report's property owner information to
reflect the change. Staff has provided a copy of the first page of the Application for Public Hearing
submitted on July 31, 2008 that reflects there is only one applicant and Collier County Parks and
Recreation Department is no longer a party in this application (see Staff Attachment #2).
Item 11: Question raised by Commissioner Schiffer: If the private club is added to the residential
tower, does the overall project become a mixed use project?
While the Land Development Code does not specifically address this topic, staff is of the opinion that in
the context of this question, the private club will function as an ancillary use to the previously approved
residential use. The private club facilities (other than the beach itself) will not occupy a large portion of
the site, and is, in fact, located within the residential building that is being constructed for a primary
residential use. Staff is of the opinion that the addition of a private club will not cause the overall
Moraya Bay Beach Tower project to be classificd as a mixed use project.
ITEMS TO BE ADDRESSED BY THE PETITIONER.
The petitioner's agent has submitted information to address the topics enumerated on page I of this
report. That information has been forwarded to the CCPC. Included is a letter from the petitioner's
agent dated September 19, 2008 stating the Moraya Bay owner has modified his intentions somewhat as
to how the private club will be operated. The agent's letter, in part, states:
. . . my client has decided to l1ithdraw that portion of our request that included non-resident
members not living in a community providing for on-site parking as well as a shuttle service. It
was this type of member that would require specific parking off-site. We are limiting our request
Moraya Bay. eU-2006-AR-] ]046
October] 6. 2008 cepe
Page 2 of5
Agenda Item No. 7C
December 16, 2008
Page 25 01 177
to non-resident members that live in a community that provides for on-site parking as well as a
shuttle service. We are also withdrawing our Parking Exemption Request since it was specific
to satisfY the needs of those non-resident members that we are now excluding. We are also
providing appropriate employee parking on site. Employees will be counseled in the Bluebill
Park public parking lot restriction.
The letter provides the Monitoring Plan, stating:
Our Monitoring Plan will consist of both the shuttle driver monitoring the passenger count as
he picks members up and takes them back. Each member will be required to log in and out
electronically as they enter and exit the club. The club manager and personnel will insure
ongoing compliance with the 250 limit.
The agent addresses Item #10 regarding outside area noise as follows:
The proposed use will comply with Collier County's noise ordinance. We will include a copy of
the noise ordinance in the infol7nation we provide to the CCPC members.
STAFF ANALYSIS:
At the September 4, 2008 hearing, the petitioner's agent requested several changes be made to the
proposed conditions. Staff has no objection to those changes proposed, however because the petitioner
has modified his plan for the private club, the conditions sent to the CCPC need to be revised even more.
An off-site parking area is no longer proposed; therefore the previous Condition #6 (see below) is not
necessary. The petitioner now wishes to limit membership to those persons (and their guests) to "non-
resident members that live in a community that provides for on-site parking. .. In this way, parking for
any non-residents of Moraya Bay who are members of the Beach Club will be provided in the
community where those non-resident members live. Those persons would then be required to use the
shuttle service to reach the Moraya Bay Beach Club facilities. Condition #6 has been revised to
incorporate the new membership proposal.
The changes required to address the revisions are shown below with language to be deleted shown struck
thru, and language to be added shown with double underlining:
1. "Moraya Bay Beach Tower (aka Vanderbilt Inn) Conceptual Site Plan," prepared by
V anasseDaylor, as revised through August 4, 2008. The site plan noted is conceptual in nature for
conditional use approval. The final design must be in compliance with all applicable federal,
state, and county laws and regulations.
2. The Conditional Use approval for a Private Club is limited to the 0001 and beach area. and
a maximum of 6,515 square feet of indoor area. In no case shall the club exceed a seating
capacity of 250 seats combined inside and outside.
3. The Conditional Use is limited to the residents of the Moraya Bay Beach Tower and their
guests ana a HllrKimam of 250 ROR resideat Hlemsers aHa their gueots OR site at aH)' ORe tiHle ~
Moraya Bay, eU-2006-AR-II 046
October 16, 2008 cepe
Page 3 of5
Agenda Item No. 7C
December 16, 2008
Page 26 of 177
non-resident members and their guests. Non-resident members and their guests shall not exceed
250 oeoole on site at anv one time. Events open to any segment of the public shall be prohibited.
4. The Private Club outdoor hours shall be limited from 7:00 AM to one hour after sunset.
The Private Club indoor hours shall be limited from 7:00 AM to II :00 PM.
5. The Private Club entity shall provide shuttle service to this private club facility twice per
hour during all operating hours. exceot that the shuttle mav run I hour before ooening and I hour
after closing. ,^.11 IlOIl residellt memBers SHall be SHuttled to tile [aeility. /\rrival by pri'late
'/ellie1e etller tllan tile slluttle is prellibited.
e. Use efthe private dab by IlOIl residellt membem shall be prolliBited ulltil sllell time as tile
petitioRer Has reeei'/ed off site parkiRg llJ3proval or otherwise made aeeommodatioRs to pre'/ide
the required S3 parkiR;; spaces.
6. Use of the orivate club bv non-Morava Bav Beach Club resident members shall be limited
to those oersons who reside in a communitv that orovides on-site oarking. All non-resident
members shall be shuttled to the facilitv. Arrival bv orivate vehicle other than the shuttle is
orohibited.
7. All emolovee Darking soaces for the orivate club shall be nrovided on the Morava Bav
orooertv.
Analysis provided in previous staff reports indicates that the use proposed by this Conditional Use is
consistent with the Growth Management Plan (GMP) and the use is compatible with the surrounding
neighborhood.
RECOMMENDATION:
Staffs recommendation remains the same as noted in the previous staff report prepared for April 17,
2008, and supplemental staff reports prepared for July 3, 2008 and September 4, 2008. Staff also
recommends approval of the revised conditions noted above. Therefore, staff recommends that the
CCPC forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval
with the conditions noted above.
PREPARED BY:
DATE
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
Moraya Bay. CU-2006-AR-] ]046
October] 6. 2008 CCPC
Page4of5
Agenda Item No. 7C
December 16, 2008
Page 27 of 177
HEIDI ASHTON-CICKO
ASSISTANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the November 18, 2008 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Moraya Bay, CU-2006-AR-II046
October 16, 2008 cepe
Page 5 of5
Co~-y Coun.t;y
-
Agenda Item No. 7C
December 16, 2008
Page 28 01 177
Memorandum
To: Kay Deselem, Principal Planner, Department of Zoning & Land Development Review
From: Michele R. Mosca, AICP, Principal Planner, and David Weeks, AICP, Comprehensive
Planning Manager, Comprehensive Planning Department
Date: September 10, 2008
Subject: Future Land Use Element Consistency Review (2nd memo)
PETITION NUMBER: CU-2006-AR-11046 (re-submittal 7-31-08)
PETITION NAME: Moraya Bay Beach Club
REQUEST: To obtain a conditional use for a "private club" in the RT, Residential Tourist,
zoning district.
LOCATION: The subject site is located on the west side of Gulf Shore Boulevard, south of
Del-Nor Wiggins Pass State Park and Bluebill Avenue. in Section 29, Township 48 South,
Range 25 East.
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban/
Urban - Mixed Use District/Urban Residential Subdistrict on the countywide Future Land Use
Map, and is within the Coastal High Hazard Area. This designation allows: residential
development at a density of three dwelling units per acre, unless density bonuses are awarded.
Further, this property is identified on the Consistent by Policy Maps, part of the Future Land Use
Map series, as "improved property." As such, via FLUE Policy 5.9, it is allowed to develop or
redevelop in accordance with the existing RT zoning, inclusive of conditional uses allowed in
that zoning district. A private club is allowed in the RT zoning district per Section 2.03.02E.1c.5.
of the Collier County Land Development Code. therefore is allowed on this site within this
designation.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area.
Comprehensive Planning leaves this determination to Zoning staff as part of the total review of
the petition.
CONCLUSION: Staff concludes the proposed use may be deemed consistent with the FLUE.
PETITION ON CD PLUS
cc: Susan Istenes, AICP, Director, Dept. of Zoning and Land Development Review
Randall Cohen, AICP. Director, Comprehensive Planning Dept.
Ray Bellows, Manager, Dept. 01 Zoning and Land Development Review
CD/FLUE File
CU-2006-AR-l1046 Moraya Bay Beach Club #2 G: Consistency Reviews\2008
mm-dw/9-1O-08
Staff Attachment # 1
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COlLlERGOV.NET
(i)
Agenda Item No. 7C
December 16, 2008
Page 29 of 177
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
REV: 4
CU_2006-AR-ll046
MORAY A BA Y BEACH TOWER
Project: 2006030062 UE.8/28/08
Date: 7/31/08 D..
ABOVE TO BE COMPLETED BY STAFF
NAME OF APPLlCANT(S) VI LTD., LIMITED PARTNERSHIP
ADDRESS 800 LAUREL OAK DRIVE #300 CITY NAPLES STATE FL ZIP 34108
TELEPHONE # 239-566-2800 CELL # FAX # 239-566-3840
E-MAIL
NAME OF AGENT RICHARD YOVANOVICH
FIRM GOODLETTE, COLEMAN ET AL
ADDRESS 4001 TAMIAMI TRAIL N #300 CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239-435-3535 CELL # FAX # 239-435-1218
E-MAIL ADDRESSRYOVANOVICH@GCJLAW.COM
BE AWARE THAT COLL,IER COUNn' HAS LOBBYIST REGULATIONS. GUIDE
.' .'.' .' .... ... ,_co. ", ,,' : .... .,.- " ',':.' ,- " . .' .,-'. .., ,.:.C-, " __', ;'... '.'.-:"...~.. <..-'.'.-:.:':_.... ',' ,",C"'-:,""':'>':',;"" .. ""c;. .,-.'.,.....':. ',: :', __ "'" ....:.. '<'0 :'
YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE INcOMPLIANCE WITH
.. .... .... - - .. ". ''', ',,: -, , ,~.. c- " ..,::-.. '; _ .' -'.",_ :":: , ,:,/-,: :i''''" _: ?-, i<:" _',_ ,,:_< .~.. .... .." .... ..
THESE REGULATIONS;. . . . '" :." ". . .
Staff Attachment #2
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/J 4/03, rev 5/'20/2005, rev 2/12/08, rev. 7/14.08
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
Agenda Item No. 7C
December 16 2008
2800 NORTH HORSESHOIS~IY@~f 177
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 643-6968
APPLICATION FOR PUBLIC HEARING FOR:
CONDITIONAL USE
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staff
ABOVE TO BE COMPLETED BY STAFF
APPLICANT INFORMATION
NAME OF APPLlCANT(S) VI LTD., LIMITED PARTNERSHIP
ADDRESS 800 LAUREL OAK DRIVE #300 CITY NAPLES STATE FLZIP 34108
TELEPHONE # 239-566-2800 CELL # FAX # 239-566-3840
E-MAIL
NAME OF AGENT RICHARD YOVANOVICH
FIRM GOODLETTE, COLEMAN ET AL
ADDRESS 4001 TAMIAMI TRAIL N #300 CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239-435-3535 CELL # FAX # 239-435-1218
E-MAIL ADDRESSRYOVANOVICH@GCJLAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE
YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH
THESE REGULATIONS.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/'20/2005, rev 2/72/08, rev. 7/74.08
ASSOCIATIONS
^ g8R~~~: t~c 7~
'6ecember1~.~~~
Complete the following for all registered Association(s) that could be affected by this
petition. Provide additional sheets if necessary. Information can be found on the
Board of County Commissioner's website at http://www.collierQov.netIlndex.aspx?paQe=774
NAME OF HOMEOWNER ASSOCIATION: VANDERBILT BEACH & BAY OWNER'S
ASSOCIATION
MAILING ADDRESS 10851 GULFSHORE DR CITY NAPLES STATE FLZIP 34108
NAME OF HOMEOWNER ASSOCIATION: GULFBREEZE PROPERTY OWNER'S ASSOC.
MAILING ADDRESS 21 BLUEBILL AVE #B102 CITY NAPLES STATE FL ZIP 34108
NAME OF HOMEOWNER ASSOCIATION: VANDERBILT YACHT & RACQUET ASSOC.
MAILING ADDRESS 11030 GULF SHORE DR CITY NAPLES STATE FL ZIP 34108
NAME OF MASTER ASSOCIATION: VANDERBILT LANDINGS CONDO ASSOC.
MAILING ADDRESS 11116 GULFSHORE DR. #802B CITY NAPLES STATE FL ZIP 34108
~
NAME OF CIVIC ASSOCIATION: VANDERBILT GULFSIDE CONDO ASSOC.
MAILING ADDRESS 10851 GULFSHORE DR CITY NAPLES STATE FL ZIP 34108
DISCLOSURE OF INTEREST INFORMATION
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the
entirety, tenancy in common, or joint tenancy, list all parties with an
ownership interest as well as the percentage of such interest. (Use
additional sheets if necessary).
Name and Address
Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and
stockholders and the percentage of stock owned by each.
APPLICATION FOR PUBLIC HEARING FOR CONOITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/12/08. rev. 7/14.08
Agenda Item No. 7C
December 16, 2008
Page 34 of 177
PROPERTY LOCATION
Detailed leaal description of the property covered bv the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one
zoning district, include separate legal description for property involved in each district.
Applicant shall submit four (4) copies of a recent survey (completed within the last six
months, maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
SectionlTownship/Range 29/48S/25E
Lot: 6 & N. 100' of 5 Block: A Subdivision: Baker Carroll Point Unit No.. 2
Plat Book 8 Page #: 62 Property I.D.#: 22870200005
Metes & Bounds Description: see attached survey
SIZE OF PROPERTY: 403+/- ft. X 556+/- ft. = Total Sq. Ft. 216,058+/- Acres 4.96+/-
ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 11125 Gulf Shore Drive. SW
corner of Gulf Shore Drive and Bluebill Ave.
ADJACENT ZONING AND LAND USE
Zoning
Land use
N Con-stlrmf16
Towers
Delnor -WigginsParkNanderbilt
S rmf16
E rmf16
W n/a
Vanderbilt Gulfside
Vanderbilt Landings
Gulf of Mexico
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property. (If
space is inadequate, attach on separate page).
SectionlTownship/Range / /
Lot: Block: Subdivision:
Plat Book Page #: Property I.D.#:
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/12/08, rev. 7/14.08
Metes & Bounds Description:
Agenda Item No. 7C
December 16, 2008
Page 35 01 177
CONDITIONAL USE REQUEST DETAIL
Tvpe of Conditional Use:
This application is requesting a conditional use allowed per LDC Section 2.04.03 of the RT
zoning district for a private club (type of use).
Present Use of the Property: Demolition of the previous hotel has been completed and the
construction of the 72 units has begun.
EVALUATION CRITERIA
Evaluation Criteria: Provide a narrative statement describing this request for conditional
use.
NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staffs
recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the specific
requirements governing the individual conditional use, if any, have been met, and that further,
satisfactory provision and arrangement have been made concerning the following matters,
where applicable. Please provide detailed response to each of the criterion listed
below. Specify how and why the request is consistent with each. (Attach additional
pages as may be necessary).
a. Describe how the project is consistent with the Collier County Land Development Code
and Growth Management Plan (include information on how the request is consistent with
the applicable section or portions of the future land use element):
The proposed use is a private beach club that will serve food and beverages including
alcoholic beverages to its members and guests. The Private Club is limited to the
residents of the Moraya Bay Beach Tower, their guests and a maximum of 250 non-
resident members on site at anyone time. The Private Club shall be limited from 7:00 AM
to one hour after sunset. The Private Club indoor hours shall be limited from 7:00 AM to
11 :OOPM. Access to the private club for off site members and guests will be limited to
shuttle access from an offsite loeation(s). Shuttle access will be limited to two times per
hour. The private beach club use is a conditionally permitted use under the RT zoning as
described in Section 2.03.0.L.5.C of the Land Development Code. The planned project
development will be in compliance with the following Objectives/Policies of the Future
Land Use Element:
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U5E - 4/14/03. rev 5/20/2005. rev 2/12/0B, rev. 7/14.08
. Policy 5.1thru 5.5. Approval of a conditional use found to be consiste~e~~Ej!f:~~~
10.08 D of the LDC is hereafter deemed to be consistent with the FuturePr~'hd6 eJs1J7
Element of the GMP and specifically Policies 5.1. thru 5.5.
. Objective 6 and Policy 6.1. Approval of this conditional use promotes achieving Objective
6 by discouraging sprawl and promoting in-fill development while maximizing the efficient
use of existing infrastructure. For those members that would depend upon motorized
access it reduces the demand for automobile public parking spaces because members
and their guests must use a shuttle to access the club.
b. Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian safety
and convenience, traffic flow and control, and access in case of fire or catastrophe:
The site will be accessed from Gulf Shore Drive. A shuttle will be utilized to transport
those members and guests that do not reside onsite to the private club. Emergency
vehicles will be able to access the private club from the Bluebill Avenue extension to a
planned turn around in front of the county's proposed public restroom building as well as
the projects' main entrance. The proposed turn around is part of a Bert Harris Settlement
Agreement and is not necessary for emergency access to or for the proper functioning of
the private beach club and is not part of the conditional use petition. Offsite, members and
guests of the private club will not be permitted to drive their own vehicles to the private
club. They will be required to utilize a shuttle. The shuttle will operate twice per hour.
Because offsite members and guests will not be permitted to access the club by utilizing
their personal vehicles, on site parking for off site members and guests is not necessary.
The applicant proposes providing parking for offsite members and guests as follows:
1. It is contemplated that membership will be limited to residential communities that
provide shuttle service from those communities. Therefore, parking spaces are not
required for non-resident members and guests.
In comparison to the pre-existing condition of a hotel, restaurant and private beach
commercial activity, the utilization rate for people and automobiles will be significantly
reduced by the residential condominium and private club.
2. In the event membership is expanded to residential communities not providing shuttle
service, a parking lot totaling at a minimum of 83 spaces will be provided on the C-2
parcel within the Wiggins Bay PUD with shuttle service from the parking lot. The parking
space requirements were calculated as per LDC 4.05.04.G. Table 17: Private
organizational club, lodge or fraternal organization (Greater of 6515 s.t. of club =
6515\100 = 65 spaces versus 250 seats \ 3 = 83 spaces)
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor:
The indoor aspects of the private club are within the principal residential structure. The
closest neighboring building to the club is approximately 135 feet to the south as
measured from the outside to the residential structure. The proposed private club is
orientated away from adjacent buildings to the greatest extent to limit the noise or odor
impacts generated by the restaurant services proposed. Since the club is private, the
amount of food services will be limited to normal occupancy. The residents within the
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005. rev 2/12/0B, rev. 7/14.08
structure will also utilize the private club facility and to that extent l~~~8~~~
accessory amenity. There will not be any negative economic impacts to Sbrnrelliilal>lng7
parcels.
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district:
This property is the last private parcel along the north end of Vanderbilt Beach before the
Delnor- Wiggins Pass State Park. The nature of the RT district is one of a mixed-use
environment including hotels, and related restaurants, private clubs and residential high
density uses. Directly adjacent to the north is Delnor-Wiggins Pass State Park which
welcomes over 500,000 visitors a year. Collier County Parks and Recreation also has an
existing beach access which will eventually be serviced by a shuttle as well as the parking
lot at Conner's Park. Along with transportation improvements to the beach access, the
County is also proposing public restrooms for this specific beach access. The proposed
private club within the residential mid-rise structure is consistent and compatible with that
general theme of the area.
e. Please provide any additional information which you may feel is relevant to this request.
The proposed private beach club will provide some residents of Collier County access to
the beach that do not have direct access to the beach. In addition, the prohibition of
members and guests utilizing their own vehicles to access the private club will result in the
members and their guests not utilizing the public beach parking in the area. Because the
members and guests will be arriving by shuttle and not utilizing the public parking spaces,
more residents of Collier County will have beach access.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing?
Not a land use petition but there was a settlement hearing.
Official Interpretations or Zonina Verifications: To your knowledge, has there been an
official interpretation or zoning verification rendered on this property within the last year?
o Yes ~ No If so, please provide copies.
Additional Submittal reauirements: In addition to this completed application, the following
must be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005, rev 2/12/08. rev. 7/14.08
a. A copy of the pre-application meeting notes;
Agenda Item No. 7C
December 16, 2008
Page 38 of 177
b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8y:''' x 11" copy of
site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following
[Additional copies of the plan may be requested upon completion of staff evaluation for
distribution to the Board and various advisory boards such as the Environmental Advisory
Board (EAB), or CCPC];
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix
indicating required and provided parking and loading, including required
parking for the disabled],
· locations of solid waste (refuse) containers and service function areas,
. required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to
the site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
· location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC).
d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System.
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. A historical and archeological surveyor waiver application if property is located within an
area of historical or archaeological probability (as identified at pre-application meeting);
h. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
APPLICATION FOR PUBLIC HEARINC FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005, rev 2/12/08, rev. 7/14.08
- ~~
December 16. 200
BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMEN'Fe ME
REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER
FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED
ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC
HEARING ADVERTISING SIGN(S) IMMEDIATELY.
RECORDING OF DEVELOPER COMMITMENTS
Within 30 days of adoption of the Ordinance, the owner or developer (specify name)
at its expense shall record in the Public Records of Collier County a Memorandum of
Understanding of Developer Commitments or Notice of Developer Commitments that
contains the legal description of the property that is the subject of the land use
petition and contains each and every commitment of the owner or developer
specified in the Ordinance. The Memorandum or Notice shall be in form acceptable
to the County and shall comply with the recording requirements of Chapter 695, FS.
A recorded copy of the Memorandum or Notice shall be provided to the assigned
Principal Planner, Collier County Zoning Department, within 15 days of recording of
said Memorandum or Notice.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03. rev 5/20/2005, rev 2/72/08, rev. 7/74.08
Ii'
\Y
Agenda Item No. 7C
December 16, 2008
Page 40 of 177
STATEMENT OF UTILITY PROVISIONS
FOR CONDITIONAL USE REQUEST
APPLICANT INFORMATION
NAME OF APPLlCANT(S)
ADDRESS CITY STATE
TELEPHONE # CELL #
E-MAIL ADDRESS:
ZIP
FAX #
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
LEGAL DESCRIPTION
Section/Township/Range / /
Lot: Block: Subdivision:
Plat Book
Page #:
Property 1.0.#:
Metes & Bounds Description:
I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
(Check applicable system):
a. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0
(GPO capacity)
e. SEPTIC SYSTEM 0
TYPE OF WATER SERVICE TO BE PROVIDED
a. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) 0
TOTAL POPULATION TO BE SERVED:
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U5E - 4/ / 4/03. rev 5/20/2005. rev 2/ /2/0B. rev. 7/ /4.08
PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK AVERAGE DAILY
B. SEWER-PEAK AVERAGE DAILY
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED
Agenda Item No. 7C
December 16. 2008
Page 41 of 177
NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding
the method of affluent and sludge disposal. If percolation ponds are to be used, then
percolation data and soil involved shall be provided from tests prepared and certified by a
professional engineer.
COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the
services boundaries of Collier County's utility service system, written notarized statement
shall be provided agreeing to dedicate to Collier County Utilities the water distribution and
sewage collection facilities within the project area upon completion of the construction of
these facilities in accordance with all applicable County ordinances in effect at the at time.
This statement shall also include an agreement that the applicable system development
charges and connection fees will be paid to the County Utiiities Division prior to the issuance
of building permits by the County. If applicable, the statement shall contain shall contain an
agreement to dedicate the appropriate utility easements for serving the water and sewer
systems.
STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived
or otherwise provided for at the pre-application meeting, if the project is to receive sewer or
potable water services from any provider other than the County, a statement from that
provider indicating that there is adequate capacity to serve the project shall be provided.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005. rev 2/12/08. rev. 7/14.08
Agenda Item No. 7C
December 16, 2008
Page 42 of 177
CONDITIONAL USE
(CU) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE
EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
#OF NOT
REQUIREMENTS COPIES REQUIRED REQUIRED
STANDARD REQUIREMENTS:
Cover letter briefly explaining the project 20 L L
Application (completed & signed) (download from website for 20 0 0
cu rrent form)
'Additional set if located in the Bayshore/Gateway Triangle 0 0
Redevelopment Area) 1
Addressing Checklist signed by Addressing 1
Pre-Application meeting notes 20
Conceptual Site Plan 24" X 36" plus (one 8 Y, X 11 copy) 20
Copies of Warranty Deed(s) 2 0 0
Completed Owner/Agent Affidavits, Notarized 1 0 0
Environmental Impact Statement (EIS), and digital/electronic 0 0
copy of EIS or exemption justification 3
Aerial photographs (taken within the previous 12 months min. 5
scaled 1"=200'). showing FLUCCS Codes, Legend, and project 0 0
bound'!!L
Statement of utility provisions (with all required attachments & 1 0 0
sketches)
Traffic Impact Statement (TIS), or waiver 7 0 0
Historical and Archeological Survey, or waiver 4
Copies of State and/or Federal Permits
Architectural Rendering of Proposed Structure(s) 4
Electronic copy of all documents and plans (CD ROM or 1 0 0
Diskette)
Boundary Survey 2 J J
Affordable Housing or Economic Development Council
Projects:
EDC "Fast Track" must submit approved copy of official 2
application 0 0
Affordable Housing "Expedited" must submit copy of signed
Certificate of Agreement.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005. rev 2/ 12/0B. rev. 7/14.0B
Agenda Item No. 7C
December 16, 2008
Page 43 01 177
AFFIDAVIT
Wel" being first duly sworn, depose and say that well ami are the owners of the
property described herein and which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, including the disclosure of interest information,
all sketches, data, and other supplementary matter attached to and made a part of this
application, are honest and true to the best of our knowledge and belief. Well understand
that the information requested on this application must be complete and accurate and that the
content of this form, whether computer generated or County printed shall not be altered.
Public hearings will not be advertised until this application is deemed complete, and all
required information has been submitted.
As property owner Well further authorize
matters regarding this Petition.
to act as ourlmy representative in any
Signature of Property Owner
Signature of Property Owner
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this day of
20_, by who is personally known to me or has produced
as identification.
(Signature of Notary Public)
(Print, Type, or Stamp Commissioned
Name of Notary Public)
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE ~ 4/14/03, rev 5/20/2005, rev 2/12/0B. rev. 7/14.0B
Agenda Item No. 7C
r 10 :/00
Page 44 01 17
TRAFFIC IMPACT STATEMENT (TIS)
A TIS is required unless waived at the pre-application meeting. The TIS required may be
either a major or minor as determined at the pre-application meeting. Please note the
following with regard to TIS submittals:
MINOR TIS: Generally required for rezone requests for property less than 10 acres in size,
although based on the intensity or unique character of a petition, a major TIS may be
required for petition of ten acres or less.
MAJOR TIS: Required for all other rezone requests.
A minor TIS shall include the following:
1.
Trip Generation:
(at build-out)
Annual Average Daily Traffic
Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2.
Trip Assignment:
Within Radius of Development Influence (RDI)
3.
Existing Traffic:
Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected major thoroughfares, including any anticipated
changes in level of service (LOS).
5. Any proposed improvements (to the site or the external right-of-way) such as providing
or eliminating an ingress/egress point, or providing turn or decellanes or other
improvements.
6. Describe any proposal to mitigate the negative impacts on the transportation system.
7. For Rezones Only: State how this request is consistent with the applicable policies of
the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including
policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also
include an analysis of the following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/12/08, rev. 7/14.08
Agenda Item No. 7C
-" . 1a 0"0
Page 45 of 17
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS
The following standards shall be used in preparing a TIS for submittal in conjunction with a
conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project for each link within the
project's Radius of Development Influence (RDI) in conformance with the acceptable
traffic engineering principles. The rates published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall be used unless
documentation by the petitioner or the County justifies the use of alternative rates.
2. Trip AssiQnment: Provide a map depicting the assignment to the network, of those trips
generated by the proposed project. The assignment shall be made to all links within the
RDI. Both annual average and peak seasonal traffic should be depicted.
3. ExistinQ Traffic: Provide a map depicting the current traffic conditions on all links within
the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI.
4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the
applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of
the GMP.
5. Radius of Development Influence (RDIl: The TIS shall cover the least of the following
two areas:
a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed project on the major
thoroughfares exceeds one percent of the LOS "C".
Land Use
Distance
Residential
5 Miles or as required by DRI
Other (commercial, industrial, institutional, etc.)
0- 49,999 Sq. Ft. 2 Miles
50,000 - 99, 999 Sq. Ft. 3 Miles
100.000 - 199, 999 Sq. Ft. 4 Miles
200,000 - 399, 999 Sq. Ft 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS shall provide the measurement in road miles from the
proposed project rather than a geometric radius.
6. Intersection Analvsis: An intersection analysis is required for all intersections within the
RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200
Vehicles Per Hour (VPH).
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005, rev 2/12/0B, rev. 7/14.08
ff. Th ff f . I e.f!\iIlda Item..No 7C
7. Backaround Tra IC: e e ects 0 prevIous y approved but undevelofOOte\~lb.gG\I6I~OO8
developed projects which may affect major thoroughfares within the RDI of tM'lll~7
project shall be provided. This information shall be depicted on a map or, alternatively, in
a listing of those projects and their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from
potential development shall be provided. Potential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) and the Collier
County Land Development Code. This estimate shall be for the projected development
areas within the projects RDI. A map or list of such lands with potential traffic impact
calculations shall be provided.
9. Throuah Traffic: At a minimum, increases in through traffic shall be addressed through
the year 2015. The methodology used to derive the estimates shall be provided. It may be
desirable to include any additional documentation and backup data to support the
estimation as well.
10. Planned/Proposed Roadwav Improvements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11. Proiect Phasina: When a project phasing schedule is dependent upon proposed
roadway improvements, a phasing schedule may be included as part of the TIS. If the
traffic impacts of a project are mitigated through a phasing schedule, such a phasing
schedule may be made a condition of any approval.
APPLICATION FOR PUBLIC HEARING FOR CONOITIONAL USE - 4/14/03. rev 5/20/2005. rev 2/12/08. rev. 7/14.08
Ha~ 14 08 11:35a
PHS lno
4358082
Agenda Item No. 7C
Decembl'!r~, 2008
Page 47 of 177
(i)
AFFIDAVIT
We/I, VI LTD. Limited Parlnershi" being first duly sworn, depose ond soy thol We/10m/ore
the owners of Ihe property destribed herein and which is the subied motter of Ihe propos..d
hearing; thot 0" the answers to the questions ;n thi.s opplication, including the disclosure of
infere;! information, all sketches, data, one! other supplemenfory matter oHothed to and
made a parI of this applitalion, are honesl and Irue /0 the best of our knowledge ond belief.
Well understand thert the inFormation reques.ted on this application must be complete and
octurole and thaI the tonfenl of this form, whelher tomputer generoled or Counfy pr;nrod
shall nol be altered. Publit hearings will not be advertised unlil this application is deomed
compJefe, Clnd olJ feqvired information has been sr.rbmitted.
As prope,.ty owner W~/t further authorize Goodleffe Coleman & Johnson. Yovanov;ch &
Koes.ter; PA fo ad os our/my representative in any motter's (&sarding fhis Conditional Use
Petition 10 Moraya Bay.
Signolure of Property Owner
f..-,17-f
'Typed J<r Printed Name of Owner r p
II P at SC ~a J:.nVtsl-oc-<;" "1nc, U'. .
Typed or Printed Name of Owner
The 10')Soing instr~ment was atknowledged before me this ~ day of ~c. 1
20a(.. by K .D. '\-L..A.. S b Q'2.who is personally known to me Of has produced
I\..J ( A-- as identifiwlion.
Stote of Florida
County of Collier
nature of Notory Publit - Stote of
Florida)
(Print, Type, or Stomp Commissioned
Name of Nolary Public)
~~--"of:
!~'f;
~",..I
Notary Pub", State of Florida
Michelle M Quevedo
My Commission DD535362
Expires 0411912010
o ~~~O~~ n
MAY 1 4 2008 U
':2
Agenda Item No. 7C
December 16, 2008
Page 48 of 177
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made and entered into this 14'h day ofJune,
2005 by and between the Board of County Commissioners of Collier County, Florida, (the
"County") and Van-Dev, Inc. and Vanderbilt Beach Assoc., Ltd., ("Van-Dev ").
WITNESSETH:
WHEREAS, on January 7, 2004, the County amended the Collier County Land
Development Code ("LDC") by adopting the Vanderbilt Beach Residential Tourist Overlay
District ("VBRTO"), which reduced thc maximum zoned height of new construction in the
District from 100 feet and removed a conditional use of an additional 25 feet, thus limiting the
height to 75 feet; and
WHEREAS, Van-De v is the owner of real i,ropcrty within the VBRTO, and presented a
claim to the County pursuant to 970.001, Fla. Stat., the Bert J. Harris, Jr., Private Property Rights
Protection Act ("the Bert Harris Act"), based on the reduction of maximum zoned height allowed
in thc VBRTO; and
WHEREAS, pursuant to S70.001(4)(c)ofthe Bert Harris Act, within 180 days after
receiving the claim the Board of County Commissioners met on June 14,2005 at a public
mceting and approved the making of a written settlement offer to Van-Dev; and
WHEREAS, the settlement offer protects the public interests served by the LDC and the
VBRTO by increasing view corridors, light and air movement and decreasing canyonization; by
encouraging redevelopment sensitive to existing scale, compatibility, and sense of place; by
providing recreational facilities; and by developing, utilizing and protecting natural resources;
and
WHEREAS, the settlement offer provides the appropriate relief necessary to prcvent the
VBRTO from inordinately bnrdening the real property belonging to Van-Dev; and
WHEREAS, Van-Dev accepted the settlement offer;
NOW THEREFORE. in considcration of the mutual covenants set forth in this
Agreement, the sufficiency of which is acknowledged, and with the intent 10 be legally bound,
the County and Van-Dev mutually agree to the following:
10f4
.
Agenda Item No. 7C
December 16, 2008
Page 49 of 177
I. The maximum height limitation for buildings in the Vanderbilt Beach Residential Tourist
Overlay District ("VBRTO'') shall be adjusted for the subject property from 75 feet of zoned
height to 90 feet of zoned height. Side yard setbacks shall remain at 50 feet for the parking
structure, and shall increase from 50 feet to 52 feet for the remainder of the building over
parking. Front and rear yard setbacks shall be as permitted by the VBR TO.
2. Within 30 days of the execution of this settlement agreement by all parties, the property
owner(s) shall grant to the County, by a recorded easement in a fonn reasonably acceptable to
counsel for the County, a 20-foot wide easement for public beach access along the property's
northern boundary, as conceptually depicted on the not-to-scale plan attached hereto as Exhibit
"A;"
3. Within 30 days of the execution of this settlement agreement by all parties, the property
owner(s) shalJ. grant to the County, by a recorded easement iil a fonn reasonably acceptahle to
counsel for the County, an additional easement of 10 feet eXtending westward from the County's
right-of-way along the property's northern boundary, as conceptually depicted on the not-to-
sca'le plan attached hereto as Exhibit "A;"
4. The property owner(s) shall grant to the County, by a recorded easement. in a form
reasonably acceptable to counsel for the County, an additional easement along the property's
northern boundary to accommodate a two-lane vehicular turnaround, as conceptually depicted on
the not-to-seale plan attached hereto as Exhibit "A." The property owner(s) shall convey this
easement to the County as soon as the exact location and dimensions of the easement are
determined during the Site Development Plan approval process.
5. Within 30 days of the execution of this settlement agreement by all parties, the property
owner(s) shall contribute to the County five hundred thousand dollars ($500,000.00) towards
improvement of beach access amenities related to the deeded easements;
6. The property owner(s) shall provide the County with a release of all claims which the
property owner(s) or successor(s) in interest have or could have pursuant to Chaptcr 70.001,
Florida Statutes, arising from the application upon the subject property of the Vanderbilt Beach
20f4
Agenda Item No. 7C
December 16, 2008
Page 50 of 177
Residential Tourist Overlay District, enacted by the County pursuant to Ordinance No. 04-01.
The fully executed release shall be provided to the County on the first business day after the 30th
day following the County's issuance of a building permit, unless a court of competent
jurisdiction has, prior to the expiration of the 30-day period, enjoined the construction permitted
by this Settlement Agreement upon the subject property based on a determination that this
Setllement Agreement is invalid or ineffective. If the injunction is ultimately dissolved and the
Settlement Agreement is upheld, the property owner(s) shall provide the County with a release.
If a lawsuit challenging the validity or effectiveness of the Settlement Agreement is filed,
whether before or after the property owner(s) provide a release to the County, the property
owner(s) and the County shall cooperate in defending this Settlement Agreement, with each
party bearing its own attorney's fees and costs. If, after the exhaustion of all appeals, the
Settlement Agreement is found to be invalid or ineffective, the County shall transfer baek to the
property owner(s) the three easements and $500,000.00 described in paragraphs 2, 3,4 and 5
above. However, once the property owner(s) have provided the County with the release, the
release shall be binding and effective upon the parties thereto, regardless of whether an
injunction is entered subsequently, or the Settlement Agreement is ultimately found to be invalid
or ineffective.
7. The rights, burdens and benefits of this Settlement Agreement as well as the rights of the
landowner under the Bert Harris Act Claim filed by it that resulted in this Settlement Agreement,
shall inure to the benefit of and be enforceable by, any and all future and successor owners of the
property if and to the extent it is conveyed or sold by the present property owner while this
Settlement Agreement remains effective.
8. The County, to the extent possible, and consistent with existing policies, will expedite the
review of the SOP and building permit applications submitted by the landowner(s) or the
purchaser of the Iandowner(s)' property.
9. The County and Van-Oev acknowledge that this Settlement Agreement is the product of
mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement is
30f4
Agenda Item No. 7C
December 16. 2008
Page 51 of 177
to be construed against any party either based upon a claim that the party drafted the ambiguous
language or that the language was intended to favor one party or the other.
IN WITNE,SS WHEREOF, the County and Van-Dev have executed this Agreement as
evidenced in the'following signature blocks:
" \,'\ll) 'En. "., ,
.".(:j ...........I?-:> ....
A TIES]!': . ,,>, , ,;,,', BOARD OF COUNTY COMMISSIONERS
Dwrgbj E.:Srock, CLE~ OF COLLIER COUNTY, FLORID
. -"it. . "t.:'
BY:~~~L- ~W.
At ~ ~'.to-'a.III'IIIll' s
~~...,;onl1'
V AN-DEV, INC.
igned Name
13 n f" $c.~ ,,..,c c)( ,.....
p..terd ~ame
'!:). ~ l'2.
S~ed Name
y:::.-..Lw-.A. ~,"lN........onk
Printed Name
_r-
Signed Name
(3,.-"", S.~~"".cfC.....--
~Name
b ''0 '"<:
Signed Name
,.1...\,..'l.-oJrA ~.-l,,'.J"""Il....,k
Printed Name
VANDERBILT BEACH ASSOC., LTD.
By: ':(J~' ~~. 2
Nam 1"')0 "J;;'"
Title t)t.!~A' ,
~pprove~s to form and legal suff1JiencYLJ--
'./1/ L~ tv /AAV
Michael W. Pettit, Chief Assistant County Attorney
40f4
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Agenda Item No. 7C
~_. n
Page 52 of 177
~~f
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fJ1ID]1' f'"; BLUE..BI!-L. PARK ~ .'
U1ITD C,OU-\e:R CCUNT'( ~RJ<:5,A.NO ~EAT\ON
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PMS, Inc. of Naples
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December 16, 2008
Page 53 of 177
Project Management Services
September 19, 2008
Kay Deselem, AICP
Zoning & Land Development Review
CDES
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Moraya Bay Beach Club, CU AR 11046
Dear Kay,
As per our conversation, I am clarifying the revisions to the Conditional Use
application as well as the list of items requested by the Planning Commission. As you are
aware, my client has decided to withdraw that portion of our request that included non-
resident members not living in a community providing for on-site parking as well as a
shuttle service. It was this type of member that would require specific parking off-site.
We are limiting our request to non-resident members that Jive in a community that
provides for on-site parking as well as a shuttle service. Weare also withdrawing our
Parking Exemption Request since it was specific to satisfy the needs of those non-
resident members that we are now excluding. We are also providing appropriate
employee parking on site. Employees will be counseled in the Bluebill Park public
parking lot restriction.
I have listed below the items requested by the Planning Commission with a brief
summary of each.
I - Parking calculations for club:
These were provided to the Planning Commission
the day of the hearing.
2 - Diagram of parking:
This is not necessary at this time since we are
withdrawing the request that precipitated the need
for off-site parking.
3 - Monitoring plan for members:
Our Monitoring Plan will consist of both the
shuttle driver monitoring the passenger count as
he picks members up and takes them back. Each
member will be required to log in and out
electronically as they enter and exit the club. The
club manager and personnel will insure ongoing
compliance with the 250 limit.
2335 Tamiami Trail N., Suite 408, Naples, FL 34103/ (239) 435-9080 x3 I Fax 435-9082 IEmail: karenbisbop@pmsnaples,com
PMS, Inc. of Naples
^. encb Item ", 7r
December 16. 2008
Page 54 01 177
Project Management Services
4 - Copies of Moray a SDP 11x17:
5 - Waiver for 2nd floor parking:
6 - Comprehensive planning revision:
7 - LaPlaya and Floridian Club info:
8 - Remove Parks as co-application:
9 - Beach Area for private/public:
10 - Outside area noise:
We have provided one copy for you with the
remainder of required copies to be delivered next
week.
We have provided you with the copy of the
approval letter from Susan Istenes on the 2nd floor
parking.
The Comprehensive staff has already revised their
executive summary.
One copy of the site and approval details has been
provided with the remainder ofrequired copies to
be delivered next week.
This had already been done; you were to remove
the reference from the staff report
We have provided a color illustration depicting
the beach area dedicated for private and public
use
The proposed use will comply with Collier
County's noise ordinance. We will include a copy
ofthe noise ordinance in the information we
provide to the PC members.
I will also provide the revisions to any section of the application that references the off-
site parking and forward to you as well as include the additional copies you will need.
Thanks again for all your patience, it is greatly appreciated.
Sincerely,
Karen Bishop
2335 Tamiami Trail N., Suite 408, Naples, FL 34103./ (239) 43VI()80 x3 i Fax 435-9082 /Email: karenbishop@pmsnaples.com
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Agenda Item No. 7C
December 16, 2008
Page 56 of 177
May 23, 2000
fact it's there, but it is there, and it has been there, and the home
that she's moved into was also there.
And so we're going to close the public hearing, and we'll see
what the pleasure of the board is.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER BERRY: I will second it.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion?
COMMISSIONER MAC'KIE: Just to ask Dr. Badamtchian to
please talk with Ms. Fitzsimons and make her understand what
the nature of the conditions are. Because they do offer you some
significant protection over where you are today.
CHAIRMAN CONSTANTINE: All those in favor, please state
aye. Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
MR. YOVANOVICH: Thank you.
CHAIRMAN CONSTANTINE: Thank you.
Item #13A4
RESOLUTION 2000-158, PETITION CU-2000-03, GEORGE L.
VARNADOE, ESQ., OF YOUNG, VAN ASSENDERP, VARNADOE &
ANDERSON, P.A., REPRESENTING LA PLAYA LLC, REQUESTING
CONDITIONAL USE "5" OF THE "RT" RESORT TOURIST ZONING
DISTRICT FOR A PRIVATE CLUB PER SECTION 2.2.8.3 FOR
PROPERTY KNOWN AS THE LA PLAYA HOTEL AND BEACH CLUB,
LOCATED ON GULFSHORE BOULEVARD (COMPANION TO V-2000-
.ID - ADOPTED
Item 13(A)(4). This item was continued since May 9.
Petition CU-2000-93. Mr. Varnadoe. And Mr. Nino, hi again.
MR. OLLIFF: You need to swear them in.
MR. NINO: Ron Nino, for the record.
CHAIRMAN CONSTANTINE: We need to swear everybody in,
Anybody who's going to participate in this public hearing, please
stand to be sworn.
(All speakers were duly sworn.)
COMMISSIONER MAC'KIE: Mr. Chairman, I'd like to disclose
communication with the petitioner.
Page 52
Agenda Item No. 7C
December 16, 2008
Page 57 of 177
May 23, 2000
COMMISSIONER BERRY: As would I.
COMMISSIONER NORRIS: I had a very thorough briefing
from the petitioner.
CHAIRMAN CONSTANTINE: As have I.
Mr. Nino, go ahead.
MR. NINO: Yes. This petition deals with the La Playa Beach
Hotel and Resort facility on Gulf Shore Drive. They own
properties, six lots on the Gulf side and a number of properties
on the bay side as well.
And this petition asks that a portion of the existing hotel be
used as a private club facility, and that is a conditional use In the
RT zoning district.
As you know -
COMMISSIONER MAC'KIE: Can I ask Mr. Nino a question?
Because that's real important for me to understand --
CHAIRMAN CONSTANTINE: Sure.
COMMISSIONER MAC'KIE: - just that one little bit.
When you say asks for a portion of the hotel to be used for a
private club, if the conditional use, or whatever it is, if this is
approved -- yeah, conditional use -- it will apply only to certain
floor space in the hotel?
MR. NINO: No, it will simply acknowledge that within the La
Playa, they have the ability to operate a private club.
COMMISSIONER MAC'KIE: And if they wanted to adopt the
entire thing as a private club, they have the opportunity, once .- if
this conditional use is approved?
MR. NINO: I would say that they have the opportunity to
convert as much of the hotel as they want into a private club.
I'm not --
CHAIRMAN CONSTANTINE: Within the limitations allowed
by parking and ail the other --
COMMISSIONER MAC'KIE: Right. It's just a little misleading
__ you know, It's a little unclear when somebody says allows them
to convert a portion of the hotel into a private club, they may in
fact convert the entire hotel.
MR. NINO: Well, staff's position that two uses in any event
function In almost the same manner.
The -- there is no level of consistency issue here. Traffic
studies show that indeed the - privatizing the hotel will in fact
result in a reduction in traffic over the --
Page 53
Agenda Item No. 7C
December 16, 2008
Page 58 of 177
May 23, 2000
CHAIRMAN CONSTANTINE: Do you agree with those traffic
studies?
MR. NINO: Pardon?
CHAIRMAN CONSTANTINE: Do you agree with those traffic
studies?
MR. NINO: 1- those traffic studies have been reviewed by
our transportation department, and they have not advised us to
the contrary.
I don't have the expertise to deal with that issue, but we do
have experts and staff that do review the traffic study.
CHAIRMAN CONSTANTINE: Perhaps at the conclusion of
your presentation we can get response from our traffic
department on that.
MR. NINO: The -. all conditional uses are required to
withstand the findings of fact. Staff did analyze the petition
relative to those findings, and they support the recommendation
of staff to approve the conditional use.
The Planning Commission reviewed this petition and
unanimously recommended approval to this board.
CHAIRMAN CONSTANTINE: Thank you. Let's go to the
petitioner, and perhaps by the time petitioner is done, someone
from our transportation department will be on the scene.
COMMISSIONER MAC'KIE: When will we have questions for
staff?
CHAIRMAN CONSTANTINE: You have questions for staff?
COMMISSIONER MAC'KIE: I have just one.
CHAIRMAN CONSTANTINE: Sure.
COMMISSIONER MAC'KIE: I don't know, Mr. Nino, if this is
your department, but I know that we have a level of service of
sorts for public beach access where we have adopted that ..
well, I know it's not a level of service, but we have adopted a
standard of public beach access. We've counted the parking
spaces that we have. We know what limited amount of beach
access there is in this county.
My question is, is this facility counted in any way towards
public beach access?
MR. OLLIFF: The answer is no.
CHAIRMAN CONSTANTINE: Mr. Varnadoe, good morning.
MR. VARNADOE: Morning, Mr. Chairman, commissioners.
For the record, George Varnadoe with the law firm of Young, van
Page 54
Agenda Item No. 7C
December 16, 2008
Page 59 of 177
May 23, 2000
Assenderp, Varnadoe and Anderson.
I'm here today on behalf of the Barron Collier interest and
Noble House, who jointly own La Playa Resort. Also here today
to answer questions that might arise is Steve Rossi of Rossi
Architecture. He's the architect for the project. Mark Gillis and
Ron Talone, of David Plummer & Associates, the traffic
consultants for the project.
As Mr. Nino has explained to you, the request is for a
conditional use for a private club in conjunction with the La
Playa Beach Resort. There's also a request for a variance for
building separation between buildings, and I assume we can
address that at the same time, Mr. Chairman?
CHAIRMAN CONSTANTINE: Certainly.
MR. VARNADOE: Thank you.
The logical question I think is what are we trying to
accomplish. And the answer is pretty simple and yet I think
pretty exciting. We're trying to establish a four-star boutique
resort hotel. We say four-star because although we don't expect
to compete with the Ritz Carlton because of its size and nature,
we do want to come in just under that and maybe right at the
level or a little above The Registry. Obviously we won't be
competing with The Registry because of the difference in size,
but just trying to give you an estimation of the quality.
In order to accomplish this, there will need to be major
renovations and enhancements to upgrade and revitalize the
existing La Playa facilities. And I have an aerial photograph of
the property on the board. I think most of you are familiar with
it. You've been here long enough, as have I, to understand the
property. You've got the tower in this location, the Crescent
Building, which was the first building built in this location, and
across the street you've got lots on which you have surface
parking and a 5,000 square foot convention center.
I think upgrading the facilities is important, and perhaps
critical, not only from a financial feasibility perspective, but also
for a neighborhood perspective. Frankly, this property is
somewhat tired and dated and cannot successfully compete in
the market without renovation and rethinking. It could, frankly,
become a detriment to the area. The Crescent Building was built
in 1967. The tower was built in 1980, '81 era.
To digress just for a minute, but I think It.s important, I know
Page 55
Agenda Item No. 7C
December 16, 2008
Page 60 of 177
May 23, 2000
that all of the commissioners have been here long enough to
remember Fifth Avenue before the recent renovations, but I think
it's a good example to all of us that properties cannot remain
static. Properties decay and decline in value and appeal, and
they need retrofitting and revitalizing in order to make them
economically viable and attractive.
The type of amenities that we're talking about for four-star
resort spas, fitness facilities, expansive pools and decking,
pavilions, cabanas, lush landscape areas, are the same type of
amenities that appeal to private club members.
And I referred to him as Vanna White at the Planning
Commission. He said make it Van, anyway.
The combination of private club in conjunction with a hotel
is not a new concept in Naples. I know the beach .- Naples
Beach Hotel has private club members, as does The Registry
Resort with their Premier Club.
As far as the comprehensive plan consistency, I think Ron
has said that it is consistent. I would like to call your attention
to the Future Land Use Element which is important -- excuse me,
which encourages coordinated mixed use site to water
dependent and water related uses, and the inclusion of other
recreational uses which may benefit from the proximity to or
integration with those facilities.
I would suggest to you that we are put in that goal. But
also, Policy 3.1 (F) of the Future Land Use Element says that
we're put in that policy by improving the safety and convenience
of on-site and off-site traffic flow and access to the property.
Let me walk you through some of the proposed upgrades
that we're talking about. And I'll start on the west side and then
proceed to the east. The west side's the Gulf side, of course,
and I'll kind of go back and forth. What you're looking at on the
lower tier down here is the proposed site plan.
Currently all of the rooms that we said are on the west side,
the renovations would take about 20 percent of the building out
in this area. That would allow it, and remove all the parking on
the west side. That would give us the ability to provide a lot of
surface amenities, expansive pools and cabanas, some decking,
extensive landscaping, Tiki bar; just the kind of things you
expect at a resort hotel or private club.
Also, of course, backing up just a minute, we'll be
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modernizing the buildings, incorporating architectural elements
on both buildings, such as exterior columns and beams, new roof
treatments, planters on the exterior corridors on the tower; all
things to try to unify the architecture of the project. Because of
the different time periods in which it was built, it really doesn't
have much unification in terms of architecture.
The -- we'll also be removing on the second floor our small
meeting rooms or breakout rooms, as they're called in the
industry. We'll be removing that function, and the second floor
will be devoted to the private club function. We're putting in a
private dining room, a private lounge and a private balcony out
off of that area.
I think very important for those who live in the area or who
visited, the access currently to the hotel for valet or entry to the
hotel is in this little area right here. Thanks, Bob.
In addition, there are a series of curb cuts along here, all
dating back to the way the hotel was built over a number of
years, being added onto. We intend to delete all of that and have
one combined and coordinated entry here.
One of the concerns we've heard from neighbors, and I'll get
to it a little bit more, is the ability to get on and off the road. This
will give us the ability to stack approximately 50 cars in here, or
about four times what is being accommodated now.
As you come in, you'll go to the right of the private club
entry, or go to the left to the hotel. As I said, we have a lot more
entrance and a lot more ability to get traffic off the road and
relieve congestion on Gulf Shore Drive. That's the benefit to not
only people visiting the facility but also those that live in the
neighborhood.
The other thing that this coordinated entry and the removing
the parking from the west side and going to this development
scheme does for us is give us a great ability to enhance the
streetscape along there. If you will bear with me, I'll just give
you a couple of examples.
This drawing is clever, but you need to get oriented. We're
looking south along Gulf Shore Drive. The top portion, this is a
property boundary on the west side, property boundary on the
east side. The top shows the current condition. You actually, as
you see, have parking out in the right-of-way, we have minimal
landscaping, we have a little sidewalk, we have a street on the
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other side, we have a little covered walkway, which you can see
here, minimal landscaping and then either parking on the lot or
the building.
With the -- and this is new for me. This is a computer
generated product. This is actually an aerial -- a photograph
looking north along the street with the La Playa Hotel on the
west side. And that parking -- I mean, that walkway we're
talking about, convention center here, before and then after we
do the renovations with the enhanced sidewalks.
Let me see the other renderings, Mark.
This is kind of a planned view, an elevation of that same
area.
This is looking at the west side, what is now the parking lot.
Privacy wall, some water features, some benches to sit down,
extensive landscaping. And then down here in plan view here's
that same area, meandering sidewalk, more landscaping, except
where we -- obviously right at the entrance.
And then on the east side or the bay side, we're able to do a
lot more landscaping with the enhanced projects. We think
we're really going to -- the area's been talking about doing
streetscape out there and we think we can really jump start that
with this project.
On the east side, to get back to our site plan - all right,
Vanna, get out of the way.
On the east side, we'll take the rooms that we have removed
from here, relocate them over here in a building that will be
attached to the conference center, and frankly, I think,
completes the architecture of that building which looks like to
me half a building now.
Also in that building will be the breakout or meeting rooms
that we removed from the second floor of the tower, and what
they call backup hotel, the offices, storage, those types of
facilities.
All parking will be valet parking and accommodate a parking
structure which will be carefully coordinated with the entry to
the access to the Gulf side so that the ease of back and forth
across for the valet, and also for pedestrians, will be
accommodated in that one place.
Currently, if you're standing in the low-rise and are going to
a convention over here, although there is a walkway over here,
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everybody cuts across wherever they want to. We think this will
coordinate, improve, be safer and also help the neighborhood.
I want to talk a minute about the variance. And let me put
the variance request in perspective. The variance is for the
building separations on the east side. The -- we could avoid the
variance request altogether by putting all facilities on the east or
bay side in one building and putting that closer to the waterway.
We looked at that. We think that that is not the best project
for us or for the neighborhood. We think to reduce the mass and
the looks of the build -- improve the looks by the separation,
having view corridors and having different heights of the
building, we think it provides for a better product and project for
the neighborhood.
COMMISSIONER MAC'KIE: Can I ask a question about that?
MR. VARNADOE: Yes, ma'am.
COMMISSIONER MAC'KIE: Staff will object if you're
misstated, but you could make that all one building without a
need for a variance?
MR. VARNADOE: Yes.
COMMISSIONER MAC'KIE: In that case, it seems to me a
separation with a little more green is a lot better than a big
monolith there.
MR. VARNADOE: That was the architect's and our view, and
I think staff will concur with that.
I'm trying to go through this fairly quickly, but if you have
any questions, please stop me.
I would like to address a couple of things, Mr. Chairman, if
you'd allow me. Number one, in an attempt to apprise the
neighborhood and the neighbors of what we're doing, get their
input, try to address any concerns they might have, the owners
have had - and owners' representatives have had I think 18 to 20
meetings with different neighbors, neighborhood association
groups, including more than one meeting with the Vanderbilt
Property Owners Association, the Vanderbilt Beach and Bay
Property Association, LeDauphin Condominium, which is our
immediate neighbor to the south on both sides, and single-family
residents. And we'd like to tell you about some changes we are
proposing in order to accommodate some of their concerns.
Dealing mainly with Dick Lydon, the president of the
Vanderbilt Beach Property Owners Association, we learned that
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one of - their main concern I think was the fact that we were
proposing to cut off public access to the La Playa Hotel.
Apparently some of their members use that facility as their local
place to go and watch the sunset, have some refreshments,
whether liquid or solid food, and they wanted to be able to
consider that access.
After several meetings with Mr. Lydon, we have agreed that
we would propose to the board that for a minimum of three years
we would provide public access to the facilities that are open to
the pub - the hotel guests, excuse me, and thereafter, evaluate
what is a conflict between the private club and public using the
facilities. If not, public access would continue, and if there was,
then we would look to other avenues for meeting their needs.
The second issue we talked about with them was .. and
everyone who we apprised the project .. was traffic and traffic
congestion. And I use those as two separate issues. And I think
they are.
As we have discussed, under existing conditions, getting off
of Gulf Shore Drive to go to an event or to go to dinner or
anything else is somewhat problematic, not only because of the
limited access to the hotel, but also because of the number of
curb cuts. People tend to go out, try to park themselves, they
come in here, find they can't and they're back in here. It is not
the best situation.
The expanded entrance on the west side that we have
talked about with this coordinated access, improved entryway,
widened entryway, we think will go a long way towards solving
the congestion. In addition, of course eliminating the curb cuts
is also going to eliminate a lot of the congestion.
If we have an event with more attendance than the traffic
consultants have suggested that we do is .. you do for a lot of
events where you have a parking structure, and that is valet right
directly into the parking structure. Have people pull directly into
there. The valets could then very quickly move them to the
upper floors and out of the traffic flow.
So we think these kinds of improvements will go a long way
towards addressing the congestion facility.
In talking with the LeDauphin Condominium board, they
were also concerned about the number of people that might be
there at anyone time. And we thought that probably the best
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way to direct that was just direct that right head-on and --
because that's what we know about congestion, At the time you
have congestion here is when you have an event, whether It's a
wedding or a reception or a dinner, that's when you have
congestion.
So we have agreed with them to a limitation on a conditional
use that we would have no more than 400 people at an event at
anyone time. Or any event, I should say. We think those will go
__ will solve the traffic congestion Issue.
CHAIRMAN CONSTANTINE: Any other highlights you need to
MR. VARNADOE: I'm almost finished, sir, if you will,
Some of these I need .- I've told the neighbors I would get on
the record. If you'll let me. About three minutes.
Traffic consultants have done a Traffic Impact Statement,
which you've heard about. The Traffic Impact Statement shows
that there would be a slight reduction in the traffic as a result of
this change from public to private. That was discussed with Mr.
Kant. I don't know whether he's here today or not.
Going to issues of a neighborhood -- neighbors very quickly.
Currently the dumpster for the entire facility - hang on, Mark - is
located right here. And the service area for the hotel is located
in this area right here. So that all the delivery trucks have to
back into this area here. The LeDauphin people said that was a
problem, ongoing operational problem.
And we have tried to address that. And what we are -- have
agreed to do, number one, is to remove the dumpster area down
in this location. We're going to eliminate this little dropoff down
here. Move the dumpster location to down behind some
landscaping here, and then move the commissary and service
area to this area here so actually trucks are coming in back off
the road in this location.
So we're centralizing that to our operations. If it becomes a
problem for anybody, it's now a problem for us, no one else.
That does not come at inconsiderable cost, because now
everything that's delivered here has to be ferried over to this
through golf carts.
We've also agreed - it's hard to see here, but we're going to
put a roof over approximately half of the service area, which will
then hide the ice machine and the garbage cans from view of
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neighbors in the adjoining condominium.
The -- and I.U summarize, Mr. Chairman. We think this is an
exciting project. Certainly an enhancement to the neighborhood.
Upgraded facilities. The CCPC unanimously recommended
approval of both the conditional use and the variance.
We have other professionals here to answer questions. I
know there's some publiC speakers, and I.d like to have a chance
to respond to issues they may raise. Thank you.
COMMISSIONER CARTER: Just one publiC comment,
George. Would you say about how many meetings you have had
with neighborhood groups from the inception of this project until
the time you have come before us?
MR. VARNADOE: Mr. Carter, I didn't count them, but I think
in talking with the representatives and owners, because I wasn.t
at all those, we think we counted somewhere between 18 and
20. Now, a lot of those were repetitious, meeting two or three
times with Mr. Lydon or the LeDauphin Condominium board,
COMMISSIONER CARTER: But the fact of the matter is that
you have involved the neighborhood from the inception of this
project until you have come before us and the Planning
Commission.
MR. VARNADOE: Yes, sir. With this company, with Barron
Collier, they always have wanted to engage in give and take with
the neighborhood and try to reach consensus on issues, if
possible.
COMMISSIONER CARTER: Thank you.
CHAIRMAN CONSTANTINE: Thank you.
Any other questions? Did we get any report on who on our
transportation staff actually okayed the transportation study?
MR. NINO: Mr. Kant reviewed the report, did not make any
adverse comments to staff. Unfortunately, Mr. Kant is on
vacation. However, Ray Bellows of our staff also reviewed the
traffic study and Ray does have expertise in that field.
COMMISSIONER MAC'KIE: Mr. Olliff, just a question about
that. And again, we.re all just kind of digging out from a problem
where we found there were no -. that the procedure was
inadequate.
Is the procedure in place here for an expert on our staff to
review the traffic impact to determine that the statement
produced by the petitioner is correct?
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MR. OLLIFF: Yes. And in this particular case, it was Ed
Kant, who's at the graduation of his daughter from medical
school. Congratulations to Ed. But yes, there is always a
transportation expert who reviews anything submitted by a
petitioner.
COMMISSIONER MAC'KIE: And who knows it's his job to
speak up if he sees some problem.
MR. OLLIFF: Yes, ma'am.
COMMISSIONER MAC'KIE: Thank you.
CHAIRMAN CONSTANTINE: Mr. Bellows, anything you want
to share with us on this?
MR. BELLOWS: Yeah. For the record, Ray Bellows, principal
planner with the current planning staff.
I review all the Traffic Impact Statements and prepare
responses to staff for corporation into their reports and reviews.
Traffic Impact Statement in this case revolves around
existing uses versus what's being proposed. I also coordinate
with Mr. Kant. This proposal basically improves the traffic flow
situation in this area.
CHAIRMAN CONSTANTINE: Thank you very much.
How many public speakers do we have?
MR. OLLIFF: Mr. Chairman, you have nine public speakers.
CHAIRMAN CONSTANTINE: What we're going to do is as we
call the first one, we'll also say who's next, and if who is next
will kindly come up to what we refer to as the on-deck circle, it
will move it along more rapidly.
MR. OLLIFF: Your first speaker is Mike Ashpole, followed by
Jim Allen.
CHAIRMAN CONSTANTINE: Is Mr. Allen here? If you'd
kindly come over, sir, right behind the podium.
MR. ASHPOLE: Good morning.
CHAIRMAN CONSTANTINE: Good morning,
MR. ASHPOLE: My name is Mike Ashpole. I represent the
minority owners of the LeDauphin. And my comments are simply
that the acreage of the La Playa is nine -- excuse me, 5.94 acres.
And the present code for RT, residential tourist area, allows 26
units per acre.
Presently La Playa has 191 units, and this proposal would,
by doing it, the way I understand it, they would lose their
grandfather, so they would only be allowed to have 154 units.
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Now, it doesn't seem that the Collier County Planning
committee took that into consideration when they approved this
and passed it on to the commission here. To the Collier County
Commission. Correct?
There's currently, I understand, a 400-car parking garage
that is proposed being built on the south end of Lakeshore -_
what am I thinking of?
MR. OLLIFF: Gulf Shore.
MR. ASH POLE: -- Gulf Shore Drive. And there's a parking lot
for 80 cars proposed on this -- on the north end. And this parking
garage, if they would be asking permission to build, would be
another 360. We think the traffic that would be generated by
that kind of construction would just overwhelm a avenue that
just is - has no room for expansion.
The thing that is interesting is one of our property owners
was out in Vancouver, British Columbia a week -- a month or so
ago and picked up a booklet which clearly shows the number of
rooms that La Playa has, which says 187 rooms and four suites.
And I did go over to the La Playa --
CHAIRMAN CONSTANTINE: Just hand those to the county
attorney, and we'll -
MR. ASHPOLE: - and picked up some brochures. On the
inside of this brochure, I've highlighted in yellow that the - their
own advertising says that they have 191 rooms. Now, it's my
understanding they want to tear down about 42 on the Gulf side
and move them to the bay side, which I believe would make them
-- and I don't know all these legal terms, but they'd be in
noncompliance and they'd be non-consistent, and they just
should not be allowed to do this.
So based on that information, I'd just like you people to be
aware of the fact that by allowing them to do this, they'd just be
way out of code. Thank you.
CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: Next speaker--
CHAIRMAN CONSTANTINE: Mr. Allen will be followed by?
MR. OLLIFF: Mr. Allen will be followed by Mario Constantini.
MR. ALLEN: Good morning, commissioners. My name is Jim
Allen. I live at 9566 Gulf Shore Drive, which is approximately 600
feet south of the proposed renovations in a place called Manatee
Resort. In our building, we're ecstatic. We believe the Barron
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Collier Company is a good family member, a good participant in
the community, and they're going to do a $25 million facelift on
the La Playa Hotel, so we're ecstatic about this project. Thank
you very much.
CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: Following--
CHAIRMAN CONSTANTINE: Mr. Constantini will be followed
by?
MR. OLLIFF: Wayde Seidensticker.
CHAIRMAN CONSTANTINE: I don't suppose I could convince
you to change that to Constantina?
MR. CONSTANTINI: My name is Mario Constantini, not
Constantino. Most people pronounce it Constantino.
But anyhow, I own and reside just north of the conventional
center adjacent single family on the bay side. I've been living
there now for about a year, and I've owned the property about
three years.
The concept the La Playa is planning, I find it very attractive
and appealing, and I think it's a major improvement in the area.
And I do plan to continue to reside there and some day hopefully
be built there.
But I have no objection whatsoever of what they're planning
to do, as I really like the idea. And I think it's very attractive and
has my full support so whatever that counts for.
CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: Following Mr. Seldensticker would be Roger
Kluge.
MR. SEIDENSTICKER: Good morning. My name is Wayde
Seidensticker. I've resided up on Channel Drive, which is about a
quarter of a mile north of La Playa. And I drive by La Playa every
day on the way home from work. And I was very impressed with
the Barron Collier Companies representatives contacting me
saying we know that you live in that area, can you tell us what
you think, and their sensitivity to the area, and give us some
input, what do you think.
My only concern at that time was regarding the traffic. And
I asked the question with regard to the traffic, because currently
one thing I notice driving home is in the area where they've got
the parking on the west side of the highway, there are -- there
are at least three different areas where cars constantly go in and
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exit, And based upon what they've indicated their plans are as
far as getting the traffic quickly off the highway, I think it would
be a tremendous improvement in the safety and driving along
that area, not to mention the aesthetic differences that they
propose, And I fully support it as a resident of the area,
CHAIRMAN CONSTANTINE: Thank you,
MR, OLLIFF: Following Mr, Kluge would be Larry Gode,
MR. ALLEN: Mr. Kluge had to leave,
MR. OLLIFF: Following Mr. Gode would be Lloyd Bowein.
MR. GODE: Good morning. Larry Gode, I live at 9566 Gulf
Shore Drive, about 5, 600 feet south, I really anxiously anticipate
this. The face lift is really well needed and it should be a good
asset for the neighborhood.
CHAIRMAN CONSTANTINE: Thank you,
MR. OLLIFF: Following Mr. Bowein would be David Rynders.
MR. BOWEIN: I'm Lloyd Bowein. I've lived north of the La
Playa since around '72. We purchased the house in '65, so we
were there before La Playa. In fact, I feel my mother had to give
some sort of approval for their initial building, Well, that's Fran
Core and that's another story.
But in any case, I don't see how they can say there would be
less traffic. They're doubling their parking places, okay, they're
going to be now private and public, from what I've just heard, so
that means you're going to have at least 1,000 more people
coming there, if they have 1,000 members.
And right now.. and like I say, I've lived there since '72, and
I've seen traffic backed up on 111 th, Bluebill, as well as
Vanderbilt Beach Road almost to 41. And that's just with the
Ritz Carlton, the Turtle Club and different condos. That's not
even taking into account the I don't know how many thousand
units for the Regatta and The Dunes. And it's already hard to get
in and out on Gulf Shore Drive as it is.
I just want to make sure I covered everything. But my main
concern is the traffic. Beaches, that - plenty of beach for them
to get up and down on. But it's mainly the traffic and the
nonconformity.
I mean, as the initial gentleman brought up, that was
brought up at the Planning Commission meeting and I'd just like
to see the county attorney address that issue as the number of
units allowed on that property.
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And it's really incompatible with the residential areas north.
And they're saying well, it will improve the area. Well, if it's a
private club with an eight-foot wall, what good is it going to do
us as residents, that we won't be able to go there soon? Thank
you.
CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: Following Mr. Rynders will be your last
speaker, Dick Lydon.
MR. RYNDERS: Good morning. It's a pleasure to be here. I
haven't spoken to the board for some time. My name is David
Rynders. I'm representing Richard DuBois, who is the owner of
some units in the LeDauphin Condominium immediately to the
south, and also was the initial developer of the LeDauphin.
And one question I had is did anybody in that traffic study
ever ascertain what the level of service now on Gulf Shore
Boulevard is in that area?
CHAIRMAN CONSTANTINE: Mr. Bellows, do you have - are
you able to answer that, what the current level of service is on
Vanderbilt?
MR. BELLOWS: 111th is not part of the county arterial road
system, so traffic counts aren't typically taken from there. But
as I recall from Mr. Kant's information, that the level of service is
for a local type road, and it's the .. I don't recall what that level
of service is offhand, but I can find out for you.
CHAIRMAN CONSTANTINE: Thank you.
MR. RYNDERS: I suspect that if it's treated as a local type
road, that the heavy traffic on there in that two-lane road's going
to make it a very poor level of service.
And you need to recall that you will not be able to expand
that. You can't add a lane or can't enlarge that road. You're
always gonna just have the two lanes.
Let me just quickly use my time to pC)int out that you do
have a provision in your Land Development Code on
nonconformities. Now, if they've got 191 units they were
permitted to build 20 odd years ago, the county has reduced that
density now, and on their six acres they can only build 26 units
per acre. Works out to exactly 154 units. So they have 191 units,
but they can only have 154 units, so they are legally a
nonconformity.
They fall under Division 1.8 of your Land Development Code,
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which controls what you can do here with regard to this project.
And it says basically that the intent of this division to permit
these nonconformities to continue till they are voluntarily
renovated or removed as required by the code but not to
encourage their survival, it Is the further intent of the Land
Development Code that nonconformlties not be enlarged upon,
expanded, intensified or extended, nor be used as grounds for
adding other structures or uses prohibited elsewhere In the same
district.
Section 1.8.1.2 says -- this is a declaration now --
nonconforming uses are declared by this division to be
incompatible with permitted uses in the districts involved.
Well, one of the criteria this conditional use has to meet is it
has to be compatible with the permitted uses in the districts
involved. And because it's a nonconformity, by law you have
declared that it is incompatible, so it can't meet that test of the
conditional use requirements.
Fourth, the section under that same division, Section 1.8.3.1
says enlargement, increase, intensification or alteration. No
such nonconforming use shall be enlarged, intensified, increased
or extended to occupy an area -- greater area of land, structure
or water than was occupied at the effective date -- goes back to
1991 or so -- of the adoption of the relevant amendment.
So their proposal to put a parking structure and enlarge the
present facilities for conventions on the bay side violate that
provision and preclude that permission.
More important is Section 1.8.3.2 which says movement: No
such nonconforming use shall be moved in whole or in part to
any portion of the latter parcel other than that occupied by such
use at the effective date of the adoption of the reduction in
density. They propose to move 42 hotel rooms across the street.
So they are prevented from doing that by that section.
And my last two sections are 1.8.3.4, says structural
additions. No land in nonconforming uses shall be subdivided, nor
shall any structures be added on such land, except for the
purposes and in a manner conforming to the regulations for the
district in which the land is located.
They can't comply with that, because they have 42 odd units
more than they're permitted to have today and are a
nonconforming use.
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And the last section is your Section 1.8.4 saying any
nonconforming use which occupied a portion of a building not
originally designed or intended for such use shall not be
extended to any other part of the building. No nonconforming
use shall be extended to occupy any land outside the building or
any additional building on the same letter parcel not used for the
nonconforming use at the effective date. Which precludes the
construction of the parking garage. And these things are not
accidental. Florida statutes -
CHAIRMAN CONSTANTINE: Mr. Rynders, I need you to wrap
up.
MR. RYNDERS: -- Section 163.3177 provides the mandatory
element that you have to have in your comprehensive plan.
Subsection 6 says you have to have a Future Land Use Element,
and you certainly do. And Subsection 6 of that statute says that
your Future Land Use Element, and your comprehensive plan
does comply with this, has to provide for the elimination of
nonconforming uses which are inconsistent with the character of
the community. All of which dictates that they can construct
their entire project here, except that they just have to eliminate
the 47 units of hotel rooms that they have .-
CHAIRMAN CONSTANTINE: Mr. Rynders, your time has
expired.
MR. RYNDERS: Thank you very much.
CHAIRMAN CONSTANTINE: Thank you.
Mr. Lydon.
This is our final speaker?
MR. OLLIFF: Yes, sir.
MR. LYDON: Good morning, ladies and gentlemen. For the
record, I'm Dick Lydon, I'm president of the Vanderbilt Beach
Property Owners Association.
And as you've heard earlier, I've sort of spent more time
with Mr. Varnadoe and the people that are sitting here in the
front row than maybe I would have liked to, but it has been good,
because our board of directors have had several opportunities to
talk with these people, to look at all of these things that they've
shown you today.
Our first concern was that we're running out of places to buy
a drink on the beach. Just damn simple.
COMMISSIONER CARTER: Well, that certainly confirmed
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whether it was liquid or food.
MR. LYDON: And that was the reason why we went after a
moratorium.
The only other property that I know, and Mr. Varnadoe
mentioned The Registry and the Beach Club, but I can still go to
the Beach Club and The Registry and buy a drink in the bar. The
only other property I know of that you can't do that is Boca
Raton. And I won't fault them, they've been very successful with
it. But we are getting cut out of anyplace to go and watch the
sunset, have a drink, have dinner.
I frankly feel that they are making an economic mistake in
not permitting the public. Because Lord knows, they don't need
us in February, but they sure need us local folks in July and
August.
COMMISSIONER BERRY: Amen.
COMMISSIONER CARTER: Dick, isn't that why they said
they'd give and you three year trial to see --
MR. LYDON: Yeah, we do have the three years. And we'lI
try and be nice people and not mess with those folks that are
paying the big bucks and keep that going on.
There are several other things that we liked about their
proposal. First of all, they missed a tremendous opportunity
economically. They are not going to put in boat docks. And boat
docks are worth $75,000 a pop up in our neck of the woods. So
we're happy about that.
Secondarily, we were concerned that a Hilton or a Sheraton
or one of those other folk would buy this property and build
another 15-story high-rise across on the beach. And we don't
need any more 15-story high-rises, would Signature Properties
please take note.
The other thing we like on the bay side, on Vanderbilt
Lagoon, we like the aesthetics. We are kind of tired of what
looks like a used car lot that's been there for along, long time.
So we like that aesthetics. We like the idea of the 400 people.
And while I do not propose to be a transportation expert, I will
tell you that at the moment, La Playa has a contract with Pelican
Marsh. Pelican Marsh has something in the neighborhood of
2,000 residents who are invited to go to La Playa to use the
beach, to use the facilities, and get a discount off the prices
while they're doing it. By eliminating those people, which I am
Page 70
Agenda Item No. 7C
December 16, 2008
Page 75 of 177
May 23, 2000
understanding that will be done, seems to me we may be
lessening rather than increasing the traffic effect.
One of the gentlemen was concerned about the beach
parking. You know, we got 400 folks that are -- cars that are
going to start in at the south end, another 80 on the north end.
Let me say this: We got a lot more notice from Barron Collier on
the La Playa changes than we did on the 400 parking lots on the
south end of Gulf Shore Drive.
I don't see how either one of those has any bearing on the
traffic on Gulf Shore Drive. It's going to have some bearing on
people going to our beach, but that's another matter we'll talk
about at another time.
I'd just like to say that we in Vanderbilt Beach believe that
we're getting some good neighbors, we're getting the best of
what we could have expected in this project. Thank you.
CHAIRMAN CONSTANTINE: Thank you very much.
Commissioner Mac'Kie, you have a question for Mr. Weigel?
COMMISSIONER MAC'KIE: Just ask for his response, please,
to Mr. Rynders' assertions that if -- is it going to be Ms. Student.-
that if he's right, we can't possibly approve this. So I imagine
that you wouldn't let it be before us if it were an illegal petition.
MR. WEIGEL: Go right ahead, staff.
MS. STUDENT: Staff.. for the record, Marjorie Student,
assistant county attorney.
Staff is going to address some of the issues regarding the
alleged nonconformity. However, what you have before you,
members of the board, is a conditional use. Some of the issues
raised by Mr. Rynders and others deal with site development plan
issues, and that's why staff is going to address them. But the
conditional use is for a private club in the hotel. It doesn't have
to do with the hotel as a whole or the number of rooms or
anything else. That's an SDP Issue.
And again, this is a quasi judicial matter, and you are
constrained by the four requirements that exist in our Land Code
and that and you have in your executive summary as to the
considerations that are germane to your consideration of this
matter. And I will now allow staff to address the other issues.
MR. NINO: Thank you.
Ms. Student has indicated that technically the question of
density is really not on the table for discussion. That is a matter
Page 71
Agenda Item No. 7C
December 16, 2008
Page 76 of 177
May 23, 2000
that is dealt with at subsequent permitting stages, it's an
administrative function. Certainly staff will assure you that the
provisions of the Land Development Code are adhered to rigidly,
and we do - however, if you're - If it's your wish to discuss
density specifically, we can speak to the representation that's
been made by Mr. Rynders; however, I thought that Mr. Varnadoe
perhaps would also be responding to that issue.
COMMISSIONER MAC'KIE: Well, I'm confused about .. I
guess I do need to hear from Mr. Varnadoe about it, if the other
board members don't object, because I'm confused about how
density and expansion of nonconforming use is not a part of the
petition.
MR. NINO: This is not - first of all, it's not a nonconforming
use.
COMMISSIONER MAC'KIE: It's not a nonconforming use?
MR. NINO: Not a nonconforming use.
COMMISSIONER MAC'KIE: Well, that's a big important .. that
may settle the question right there. Maybe Mr. Nino ought to tell
me why he thinks .-
MR. VARNADOE: Whatever you prefer, Ms. Mac'Kie. You
can look at either side, we both can give you an explanation.
MR. NINO: It's not a nonconforming use. Because in 1980, I
believe, there was a - 1980 there was a variance granted for the
La Playa which, as you know, goes with the land, and that
variance acknowledged 137 units on the Gulf side of the
property. So we're dealing with 137 units that essentially are
vested by virtue of a variance approval.
Today we're dealing - therefore, we take that out of the
equation, dealing with the bay side. The bay side has sufficient
land to accommodate an additional 53 units. So it's the opinion
of staff that in fact La Playa is vested, vested and capable of
adding additional rooms that would give them 190 units.
COMMISSIONER MAC'KIE: That makes perfect sense. I get
it.
MR. NINO: And that issue would have been taken up
administratively during the SDP -
COMMISSIONER MAC'KIE: That's why --
MR. NINO: -. process.
(Chairman Constantine exits boardroom.)
COMMISSIONER CARTER: Before -- and I'm going to move
Page 72
Agenda Item No. 7C
December 16. 2008
Page 77 of 177
May 23, 2000
that we accept this. And I'm going to heartily move that - I
would just like to read into the record attitudes of developers.
And you contrast what you've heard this morning with Barron
Collier Company who lives here, eats here, sleeps here, and is
part of our community, with another developer who is maxing a
C-S piece of property in District 2. And when I asked them to
participate with the community, the letter I received from their
attorney said the following: Although some northern communities
do require input from neighborhood commissions with respect to
zoning and variance requests, Collier County has not adopted any
such requirements. These neighborhood forums do not in any
event extend to the permitting process. Your proposed
procedure would make the permitting process political instead of
administerial and could cause nightmares for applicants seeking
even the simplest permits.
They go on further to say that inquiries from county
commissioners directly to county staff are always taken the
wrong way, good or bad, supportive or not, and should be
avoided.
Now, if you want a developer like that to have purchased the
La Playa, can you imagine what we'd have ended up with?
So I raise that to this board, I raise it to the public, that we
do have quality developers in this community who have spent an
enormous amount of time with the community to come up with
the best possible outcome. So I am, therefore, going to
enthusiastically endorse and recommend to this board that we
accept this project.
COMMISSIONER BERRY: I'll second it.
COMMISSIONER MAC'KIE: Would you close the public
hearing?
COMMISSIONER CARTER: Oh, I have to close the public
hearings?
COMMISSIONER NORRIS: Yes.
COMMISSIONER CARTER: Excuse me, slip of the mind.
COMMISSIONER MAC'KIE: That's all right.
COMMISSIONER CARTER: Close the public hearings.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER BERRY: Second it.
COMMISSIONER CARTER: All in favor, say aye.
(Unanimous vote of ayes.)
Page 73
Agenda Item No. 7C
December 16, 2008
Page 78 of 177
May 23, 2000
COMMISSIONER CARTER: Note Commissioner Constantine
is absent.
Item #13A8
RESOLUTION 2000-159, PETITION V-200G-9, GEORGE L.
VARNADOE, ESQ., OF YOUNG, VAN ASSENDERP, VARNADOE
AND ANDERSON, REPRESENTING LA PLAYA, LLC, FOR A
VARIANCE TO THE SEPARATION BETWEEN BUILDING
REQUIREMENT FROM FORTY-NINE (49) FEET TO THIRTY-FIVE
(35) FEET FOR PROPERTY LOCATED AT 9891 GULFSHORE DRIVE
(COMPANION TO CU-2000-03) - ADOPTED
MR. VARNADOE: We prob -- excuse me, we probably need a
separate motion on the variance, if we could.
COMMISSIONER NORRIS: We do. Appreciate it.
COMMISSIONER CARTER: Close the public hearing.
(Chairman Constantine enters boardroom.)
COMMISSIONER NORRIS: Which one is it?
COMMISSIONER MAC'KIE: The variance or the setbacks
from the buildings. I'll move approval.
COMMISSIONER BERRY: I'll second that.
COMMISSIONER NORRIS: 13(A)(8).
COMMISSIONER CARTER: All in favor, say aye.
Opposed by the same sign.
(No response.)
COMMISSIONER CARTER: Motion carries.
Mr. Chairman, it's yours.
CHAIRMAN CONSTANTINE: I'll tell you what we're going to
do. For the court reporter, we're going to take about a
five-minute break, but we are going to come back and try to
finish the public hearings for the benefit of Commissioner Carter.
And then we'll probably do the TDC items, too, before we take a
break. So we'll see you in about five minutes.
(Brief recess.)
CHAIRMAN CONSTANTINE: Hi, we're back.
Item #13A5
RESOLUTION 2000-160, PETITION CU-2000-05, R. BRUCE
Page 74
Co~T <;A:>u.nty
Memorandum
Agenda Item No. 7C
December 16. 2008
Page 79 of 177
To: Kay Deselem, Principal Planner, Department of Zoning & Land Development Review
From: Michele R. Mosca, AICP, Principal Planner. and David Weeks, AICP. Comprehensive
Planning Manager, Comprehensive Planning Department.
Date: September 10, 2008
Subject: Future Land Use Element Consistency Review (2nd memo)
PETITION NUMBER: CU-2006-AR-11046 (re-submittal 7-31-08)
PETITION NAME: Moraya Bay Beach Club
REQUEST: To obtain a conditional use for a "private club" in the RT, Residential Tourist,
zoning district.
LOCATION: The subject site is located on the west side of Gulf Shore Boulevard. south of
Del-Nor Wiggins Pass State Park and Bluebill Avenue, in Section 29, Township 48 South,
Range 25 East.
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urbani
Urban _ Mixed Use District/Urban Residential Subdistrict on the countywide Future Land Use
Map, and is within the Coastal High Hazard Area. This designation allows: residential
development at a density of three dwelling units per acre, unless density bonuses are awarded.
Further, this property is identified on the Consistent by Policy Maps. part of the Future Land Use
Map series. as "improved property." As such, via FLUE Policy 5.9, it is allowed to develop or
redevelop in accordance with the existing RT zoning, inclusive of conditional uses allowed in
that zoning district. A private club is allowed in the RT zoning district per Section 2.03.02E.1.c.5.
of the Collier County Land Development Code. therefore is allowed on this site within this
designation.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area.
Comprehensive Planning leaves this determination to Zoning staff as part of the total review of
the petition.
CONCLUSION: Staff concludes the proposed use may be deemed consistent with the FLUE.
PETITION ON CD PLUS
cc: Susan lstenes, AICP, Director, Dept. 01 Zoning and Land Development Review
Randall Cohen, AlCP, Director, Comprehensive Planning Dept.
Ray Bellows, Manager, Dept. 01 Zoning and Land Development Review
CDIFLUE File
CU-2006~AR-l1046 Moraya Bay Beach Club #2 G: Consistency Reviews\200B
mm-dw/9-1O-08
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Agenda Item No 7C
December 16, 2008
Page 83 of 177
EXECUTIVE SUMMARY
CU-2000-03, GEORGE 1.. VARNADOE, ESQ., OF YOUNG, V AN ASSENDERP, VARNADOE &
ANDERSON, P.A., REPRESENTING LA PLAYA LLC, REQUESTING CONDITIONAL USE "5"
OF THE "RT" RESORT TOURIST ZONING DISTRICT FOR A PRIVATE CLUB PER SECTION
2.2.8.3 FOR PROPERTY KNOWN AS THE LA PLAYA HOTEL AND BEACH CLUB, LOCATED
ON GULFSHORE BOULEY ARD, FURTHER DESCRIBED AS THE LOTS 25 THROUGH 30,
INCLUSIVE, BLOCK A, UNIT NO. I, AND LOTS 24 THROUGH 28, INCLUSIVE, BLOCK B,
UNIT NO. I, CONNER'S VANDERBILT BEACH ESTATES, IN SECTION 29, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
This petition seeks approval of conditional use #5 of the "RT" Resort Tourist zoning district for a
private club.
CONSIDERATIONS:
The property is La Playa Hotel and Beach Club at 9891 Gulfshore Drive, Naples, Florida. The purpose
of this petition is to add the uses associated with a "private club" to the current functions of the La
Playa Hotel and Beach Club, a resort hotel. This is to be accomplished in conjunction with a major
expansion and remodeling of the existing resort hotel of which the "private club" aspect is seen as an
integral part of the enhancement goal. The private club facility will be established in areas currently
used for hotel functions. The enhancement plan involves removing a portion of the low-rise hotel and
all parking areas on the west side of Gulfshore Drive. This space will be utilized for pools, pool decks,
landscaping, and other beach resort amenities for hotel guests and club members. The hotel and the
private club will function in a unified manner in that the common spaces and recreational amenities
will be available to both private club members and hotel guests.
Simply adding another use dimension to the current "RT" zoning classification, through the
conditional use process does nothing to change the relationship of this property from the FLUE to the
GMP. A conditional use is a permitted use to which the applicant is entitled, unless the zoning
authority determines that such a use would adversely affect the public interest.
All of the enhancements and intent to be user selective will not change the way the principal use as a
resort hotel impacts the various levels of service thresholds established by the Growth Management
Plan. Staff is of the opinion that the conditional use is consistent with all elements of the Growth
Management Plan.
Specifically the Future Land Use Designation Description Section for the Urban Residential Subdistrict
(FLUE-I-23) encourages water dependent and water related land uses in the coastal region. The FLUE
encourages coordinated mixed-uses which may benefit from the proximity to and/or integration with_~_"
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Agenda Item No. 7C
December 16, 2008
Page 84 of 177
water dependent and water related uses. The addition of a private beach club to the existing La Playa
Beach Resort furthers this goal of coordinated mixed uses and the inclusion of recreational uses
integrated with existing water dependent and water related uses.
Conditional uses require a Findings of Fact as provided at Section 2.7.4.4. of the Land Development
Code. Staff analysis of these criteria supports approval of the conditional use. The Collier County
Planning Commission similarly affirmatively evaluated the criteria to support their recommendation
for approval.
Members of the public spoke in opposition to the approval of this petition citing the conclusion that the
enhancements and addition of a private club will exacerbate current traffic deficiencies along
Gulfshore Drive.
FISCAL IMPACT:
If this petition is approved, there may be fiscal impacts to Collier County over and above what those
impacts may be from the current operation of the La Playa Hotel and Beach Club. Collier County's
impact fee ordinance and utility connection permit fees are designed to cause new development to pay
for the added costs of public inrrastructure. Most recently these impact fees were substantially
increased and broadened to cover a greater amount of public inrrastructure (i.e. correction facilities).
-
No determination can be made at this time relative to the revenue which will be generated by the
planned expansion because we do not have specific plans nor planned floor area increase dimension,
upon which to base impact fee revenues for the various impact fees charged by Collier County.
In addition to impact fee revenues the planned expansion will produce additional ad valorum taxes.
We do not know the value of the planned expansion, and therefore cannot make any estimate of
additional ad valorum taxes.
GROWTH MANAGEMENT IMPACT:
The approval of this rezoning request is deemed consistent with the requirements of the Collier County
Gro\\i1h Management Plan. A project deemed consistent is considered to have no negative impacts on
the objectives and policies of the GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historicall Archaeological Survey and Assessment is required.
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Agenda Item No. 7C
December 16, 2008
Page 85 of 177
PLANNING SERVICES STAFF RECOMMENDATION:
Planning Services staff recommended that the Collier County Planning commISSIOn recommend
approval of Petition CU-2000-03 to the Board of Zoning Appeals, subject to the enhancements and
design features illustrated at the Public Hearing and entered into the record.
EAC RECOMMENDATION:
Because the petition did not require an Environmental Impact Statement, the Collier County
Environmental Advisory Council did not hear this petition.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission heard this petition on April 20, 2000. They unanimously (8-
0) recommended approval of this conditional use as described by the Resolution of Adoption and
exhibits thereto.
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URRENT PLANNING MANAGER
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DATE
V EWED BY:
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DATE
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'PLANNING SERVICES DEPARTMENT DIRECTOR
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VINCEN A. CAUTERO, AlCP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
CU-2000-03 EX SUMMARY/rod
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Agenda Item No. 7C
December 16. 2008
Page 86 of 177
AGENDA ITEM 7-E
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE:
MARCH 13, 2000
RE:
PETITION NO:
CU-2000-03, LA PLAY A HOTEL AND BEACH cum
(COMPANION TO V-2000-09)
OWNER/AGENT:
Agent:
Mr. George L. Varnadoe, Esq.
Young, van Assenderp, Varnadoe & Anderson, P.A.
801 Laurel Oak Drive, Suite 300
Naples, FL 34108
Owner:
La Playa, LLC
570 Kirkland Way
Kirkland, Washington 98033
REOUESTED ACTION:
This petition seeks approval of conditional use #5 of the "R T" Resort Tourist zoning district for a
private club.
GEOGRAPHIC LOCATION:
The property is La Playa Hotel and Beach Club at 9891 Gulf Shore Drive, Naples, Florida (See
location maps on following page).
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Agenda Item No. 7C
December 16. 2008
Page 88 of 177
PURPOSEIDESCRlPTION OF PROJECT:
The purpose of this petition is to add the uses associated with a "private club" to the current functions
of the La Playa Hotel and Beach Club, a resort hotel. This is to be accomplished in conjunction with
a major expansion and remodeling of the existing resort hotel of which the "private club" aspect is
seen as an integral part of the enhancement goal. The private club facility will be established in areas
currently used for hotel functions. The enhancement plan involves removing a portion of the low-rise
hotel and all parking areas on the west side of Gulf Shore Drive. This space will be utilized for pools,
pool decks, landscaping, and other beach resort amenities for hotel guests and club members. The
hotel and the private club will function in a unified manner in that the common spaces and
recreational amenities will be available to both private club members and hotel guests.
SURROUNDING LAND USE AND ZONING:
Existing:
Surrounding land uses will not be affected by what amounts to a
change in the way people will access and use the property. All
of the functions that characterize a private club are in place
currently. The only change will be that the clientele will be
more selective. It is the opinion of staff that this will have no
more or no less an impact on adjacent properties, all of which
are, zoned uRT.n
GROWTH MANAGEMENT PLAN CONSISTENCY:
Simply adding another use dimension to the current "RT" zoning classification, through the
conditional use process does nothing to change the relationship of this property from the FLUE to the
GMP. A conditional use is a permitted use to which the applicant is entitled, unless the zoning
authority determines that such a use would adversely effect the public interest.
All of the enhancement and selectiveness of users will not change the way the principal resort hotel
usage impacts the various levels of service thresholds established by the Growth Management Plan.
Staff is of the opinion that the conditional use is consistent with all elements of the Growth
Management Plan.
Specifically the Future Land Use Designation Description Section for the Urban Residential
Subdistrict (FLUE-I-23) encourages water dependent and water related land uses in the coastal
region. The FLUE encourages coordinated mixed-use sites of water dependent and water related uses
and the inclusion of other recreational uses which may benefit from the proximity to and/or
integration with water dependent and water related uses. The addition of a private beach club to the
existing La Playa Beach Resort furthers this goal of coordinated mixed uses and the inclusion of
recreational uses integrated with existing water dependent and water related uses.
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Agenda Item No. 7C
December 16, 2008
Page 89 of 177
In addition to the priority for shoreline land use being given to water dependent uses, the Project
meets the criteria of utilizing a presently developed site where water dependent, or water related uses
have been previously established (FLUE-I-23).
The Project is consistent with and furthers Policy 3.1 (F) of the Future Land Use Element by
improving the safety and convenience of on-site traffic flow and vehicle parking needs, improving the
design standards for access from the abutting roadway, and improving landscaping and buffering
criteria.
The Project furthers the objectives of Policy 5.5 by using existing land zoned for urban intensity uses,
as opposed to permitting development of other areas.
The private club use is compatible with and complementary to the surrounding land uses required by
Policy 5.4 of the Future Land Use Element.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore,
no Historical! Archaeological Survey and Assessment is required.
EV ALUA TION FOR ENVIRONMENTAL. TRANSPORT AnON AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staffresponsible for oversight related to the
above referenced areas of critical concern. This includes a review by the Community Development
Environmental and Engineering Staff, and the Transportation Services Department Staff.
Comments raised by engineering and transportation engineering staff suggest that the space, which is
available to conduct the unrelated use, is too smalI an area and may encumber the way the auto wash
facility operates. The nature of the petition did not require EAB consideration.
CRITERIA EVALUATION:
The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition and
the criteria on which a favorable determination must be based. This evaluation is intended to provide
an objective, comprehensive overview of the impacts of the proposed land use change, be they
positive or negative, culminating in a staff recommendation based on that comprehensive overview.
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Agenda Item No. 7C
December 16, 2008
Page 90 01 177
The below listed criteria are specifically noted in Section 2.7.4.4 of the Land Developrnent Code thus
requiring staff evaluation and comment, and shall be used as the basis for a recommendation of
approval or denial by the Planning Commission to the Board of County Commissioners. Each of the
potential impacts or considerations identified during the staff review are listed under each of the
criterion noted below, and are categorized as either pro or con, whichever the case may be, in the
opinion of staff. Staff review of each of the criterion is followed by a summary conclusion
culminating in a determination of compliance, non-compliance, or compliance with mitigation.
a. Consistency with this code and Growth Management Plan.
Pro: The requested uses are consistent with applicable elements of the GMP and provisions of the
LDC.
Con: Not applicable in view of consistency evaluation with the GMP and LDC.
Summarv Conclusion (Findings): The proposed use is authorized in the urban residentially
designated area, and is conditionally permitted in the "RT" zoning district. Conditionally
authorized uses are typically uses that are essential or otherwise complimentary to the
underlying zoning district, except that there may be in certain cases relationships with nearby
land which require special attention to bring about compatible relationships. Staff is of the
opinion that in fact the conditional use for a private club does not change the way this
property functions.
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.
Pro: i) The overall enhancement plan will materially improve vehicle and pedestrian
access movement to and from use activities. The existing La Playa facility has a
number of vehicular accesses to Gulf Shore Drive as a result of having been
constructed in phases over a number of years with parking on both sides of the
street. All of the driveways will be terminated with the exception of driveway
configuration that will be established on the south end of the property leading to a
parking structure on the west side and to the hotel complex on the west side as a
drop-off and valet reception area. This is a substantial improvement over the
current operation where patrons seek parking spaces in several areas.
In addition. the enhanced streetscape on the west side will provide for a sidewalk,
which is, in most cases. moved away from the traffic lanes, and with a crosswalk
which will be differentiated by pavers and by signage.
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Agenda Item No. 7C
December 16, 2008
Page 91 of 177
ii) Access to beachfront activities is unencumbered for emergency medical personnel
and fire suppression vehicles via the vehicular access area provided on the west
side.
Con: Gulf Shore Drive is a two-lane facility with very intensive land uses. Presumably
during peak season some time loss may be experienced by emergency providers in
reaching the subject property.
Summarv Conclusion (Findings): The relationships inherent in these criteria can be addressed
by employing optimum site planning standards. In the opinion of staff the conditional use
master plan is responsive to ingress and egress and on-site circulation requirements. The
streetscape element created by the overall enhancement program will dramatically improve
vehicular and pedestrian movement to and from the site.
There will be no parking on the western side of Gulf Shore Drive, and all parking will be via
valet in the east side parking structure. The number of access points for vehicular ingress and
egress to the property to be minimized with the main access 10 the private c1ublhotel on the
west, and the parking facility on the east to be coordinated and aligned so that vehicular safety
and convenience, traffic flow and control are greatly enhanced.
During peak season, coupled with the success of the La Playa Hotel and Beach Club as a
resort hotel, Gulf Shore Drive may experience operational deficiencies, which may affect
emergency access. Nevertheless, the addition of the private club should make no difference to
this operational condition as it exists today under the current operational mode.
c, The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects;
Pro: i) The addition of the private club will not affect the current impacts this property has
on neighboring properties in relation to noise, glare, economic or odor effects.
Con: None
SummarY Conclusion (Findings): The addition of a private club does not change the. operating
characteristics of the property but merely is more selective of its clientele. The current
impacts will not change as a result of the addition of a "private club" component and as such
should have no additional impact on neighboring properties in relation to noise, glare,
economic or odor effects.
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Agenda Item No. 7C
December 16. 2008
Page 92 of 177
The site currently contains the maximum allowable number of hotel rooms. The upgrading of
the facilities and the increase in open space on the west side, along with the construction of
hotel and parking structure on the east side, will all prevent the conditional use from having
an adverse impact on the neighboring properties. The upgrading of the facilities to a four star
hotel will have a positive economic impact on the surrounding properties and the aesthetics of
the neighborhood, when viewed from the street. the beach or bay.
Although it is unrelated the added capital investment in the property and enhancement
program will likely increase the success of the resort hotel further exacerbating its impact on
the neighborhood. This can occur however with or without the private club element and
should therefore not be a factor in this evaluation process,
d. Compatibility witb adjacent properties and otber property in tbe district.
Pro: i) The project is deemed compatible by virtue of the fact that the zoning classification
is the same as that of surrounding properties all of which are developed with uses
authorized by the RT zoning district.
Con: ii) The effect of the change is an internal one only affecting the type of user. This will
have no noticeable affect on external properties.
Summarv Conclusion (Findings): The property currently functions as a major resort hotel
which also enjoys a high percentage of uses in its public areas (i.e. restaurant and lounge
facilities which are open to the public. The functional activities associated with the hotel will
not change with the added component of the private club but rather this may produce a more
selective user/clientele. Properties at the boundary of the hotel property will not know that the
user is a more limited clientele from that of the general public, and therefore in terms of
compatibility the conditions do not change.
While unrelated to the conditional use a host of property enhancements are aimed at visually
improving the streetscape which should make the current activities more compatible with its
environment.
The Land Development Code charges the Collier County Planning Commission with the requirement
to hold a public hearing for variance petitions and to make certain findings before recommending an
approval to the Board of Zoning Appeals. The Planning Commission is to consider and be guided by
the following findings in making a determination:
General Comment - This petition request provides a window of opportunity to address perceived
areas of incompatibility between current operational characteristics and neighboring properties and
may thus unjustifiably initiate considerations to impose operational constraints on existing uses.
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Agenda Item No. 7C
December 16, 2008
Page 93 01 177
In consideration of the type of application and staffs assessment that the private club does not add a
new dimension to the impacts, any conditions that are unrelated to a cause and effect created by the
private club would appear unjustified.
Undoubtedly, concerns will be expressed over noise transmissions associated with current gulf side
entertainment activities. Noise transmissions are regulated by a Noise Ordinance and therefore
should noise levels exceed those allowed by law then this becomes the business of Code
Enforcement. On the other hand should the County amend the Noise Ordinance then this would
become uniformly applied to all land uses in Collier County and would be more properly the way to
deal with noise transmissions.
STAFF RECOMMENDATION:
That the Collier County Planning Commission recommend approval of CU-2000-03 a petition to
allow a private club, Conditional Use "5" of the RT zoning district on the property described in the
Resol\l!iOri''Pf Approval.
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DATE
REVIEWED BY:
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ROBERT J. MULHERE, A1CP
PLANNING S RVICES DEPARTMENT DIRECTOR
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VINCENT A. CAUTERO, A1CP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition Number CU-2000-03
StaffRepon for the April 6, 2000 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
PJj!JJj
RUSSELL A. BUDD, CHAIRMAN
gJadmin/Staff ReportlCU-2000..QJ,RN/im
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Agenda Item No. 7C
December 16, 2008
Page 94 of 177
APPLICA nON FOR PUBLIC HEARING FOR: CiiiiP.t17oNAL m:.p,'
Petition No.:
C ..
Date Petition Received:. c-_. ..
Planner Assigned: fL ~ - - --- X.;,'L~'
Commission District:
ABOVE TO BE COMPLETED BY STAFF
]. General Information
Name of Applicant(s) La Plava. LLC
Applicant's Mailing Address
570 Kirkland Wav
City
Kirkland
State
Washington
Zip
98033
Applicant's Telephone # 425/827-8737 Fax #
Name of Agent George L. Varnadoe. ESQ. Firm Young. van Assendero. Varnadoe &
Anderson. P.A.
Agent's Mailing Address 801 Laurel Oak Drive. Suite 300
City
Naoles
State Florida
Zip 34108
Agent's Telephone #
941/597-2814
Fax # 941-597-1060
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941) 643-6968
:\PPLICATIO~ FOR Pl'BllC HEARI~G FOR CO~()ITIO~All'S[. 10198
Document:! P AGE I
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Agenda Item No. 7C
December 16, 2008
Complete the following for all Association(s) affiliated with this petition. (Provide add~a'f5 of 177
sheets if necessary)
Name of Homeowner Association:
N/A
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association: N/A
Mailing Address
City
State _ Zip
Name of Civic Association: N/A
Mailing Address
City
State _ Zip
2. Disclosure ofInterest Information:
a. Ifthe property is o\\ned fee simple by an INDIVIDUAL. tenancy by the entirety, tenancy
in common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
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APPLlCATIO'" FOR PllBLlC HEARING FOR CO:"lDlTlO:o-,'AL LISE - 10/98
Document2 PAGE 2
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Agenda Item No. 7C
December 16, 2008
b. If the property is owned by a CORPORATION . list the officers and stockhol!e~iJa me177
percentage of stock owned by each.
Name, Address and Office
Percentage of Stock
c. If the property is in the name ofa TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
The Halstatt Partnership
570 Kirkland Way
Kirkland. WA 98033
50%
WestgrouD La Plava. LLC
570 Kirland Wav
Kirkland. WA 98033
50%
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
",,"
APPLlCA TJON FOR PVBLlC HEARI/'IriG fOR C01"DITIONAL. USE - 10198
Oocument2 PAGE 3
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Agenda Item No. 7C
December 16. 2008
Page 97 of 177
f. If any contingency clause or contract terms involve additional parties, list all individuals
or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired (x): January 14. 2000
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility
of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest
form.
3. Detailed le~al description of the orooertv covered bv the apolication: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum I" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed survey may be
required.
Section:
29
Township: 48 South
Range: 25 East
Lots: 25 - 30 Block: A and Lots: 24 - 28 Block: -IL
Subdivision: CONNER'S V ANDERBIL T BEACH ESTATES. UNIT NO. I
Plat Book 3 Page #: 8 and 9 Property I.D.#: 27480720006. 27480760008.
27480800007. 27481640004. and 27481680006
Description: Lots 25 throul!h 30. inclusive. Block A.. Unit No. 1. and Lots 24 through 28.
inclusive. Block B. Unit No. I. CONNER'S V ANDERBIL T BEACH ESTATES. according
to the plat recorded in Plat Book 3. Pal!es 8 and 9. of the Public Records of Collier CounlV.
Florida. less the right of way for Gulf Shore Boulevard.
4.
Size of orooertv:
ft. X
ft. = Total Sq. Ft.
Ac~s 5.94
5. Address/~enerallocation of subiect orooertv: La Plava Beach Resort. 9891 Gulfshore
Drive. Naples. Florida 34108
APPLJCATIO~ FOR PI'Rue HEARI~G FOR CO~DITIONAL l'SE" 10/98
Document2 PAGE 4
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Agenda Item No. 7C
December 16. 2008
Page 98 of 177
6. Adiacent zonine and land use:
Zoning Land use
N RSF-3 Single Familv Homes
S RT Multi-Storv Condominiums
E N/A Vanderhilt Lagoon
W N/A Gulf of Mexico
Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section: N/A
Township:
Range:
Lot:
Block:
Subdivision:
Plat Book
Page #:
Property I.D.#:
Metes & Bounds Description:
7.
Tvoe of Conditional Use: This application is requesting conditional use # 5
R T district for (TYPE OF USE) PRIV A TE CLUB
of the
Present Use of the Property: RESORT HOTEL
8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use.
NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staffs
recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the specific
requirements governing the individual conditional use, if any, have been met, and that further,
satisfactory provision and arrangement have been made concerning the following matters,
where applicable. Please provide detailed response to eacb of tbe criterion listed below.
Specify bow and wby tbe request is consistentwitb eacb. (Attach additional pages as may
be necessary).
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\rruc-'Tlo," FOR Pl'BlIC HEARING FOR co'\mTIO:"iAL t'SE. 10198
Documen12 PAGE 5
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Agenda Item No. 7C
December 16. 2008
a. Describe how the project is consistent with the Collier County Land Develcfp'ffi.@&9<%aF
and Growth Management Plan (include information on how the request is consistent with
the applicable section or portions of the future land use element):
See attached "Conditional Use Reauest" .
b. Describe the existing or planned means of ingress and egress to the property and proposed
structure thereon with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or catastrophe:
See attached "Conditional Use Reouest" .
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor: See attached "Conditional Use ReQuest" .
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district: See attached "Conditional Use ReQuest" .
e. Please provide any additional information which you may feel is relevant to this
request. See attached "Conditional Use Request" .
9. Deed Restrictions: The County is legally precluded from enforcing deed restnctlOns,
however, many communities have adopted such restrictions. You may wish to contact the civic
or property owners association in the area for which this use is being requested in order to
ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use netitions on the subiect orODertv: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? NO.
II. Additional Submittal reQuirements: In addition to this completed application, the following
must be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the preapplication meeting.
a. A copy of the pre-application meeting notes;
b. Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 8'1," x II" copy
of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following
[Additional copies of the plan may be requested upon completion of staff evaluation for
distribution to the Board and various advisory boards such as the Environmental Advisory
Board (EAB), or CCPC];
. all existing and proposed structures and the dimensions thereof,
_.
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicating
APPUCATIO~ fOR PI'Rue HEARl'G FOR CO~DlTIONAL l:SE. 10/98
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Agenda Item No. 7C
December 16. 2008
Page 100 of 177
required and provided parking and loading, including required parking for the
disabled],
. locations of solid waste (refuse) containers and service ftmction areas,
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to the
site),
. proposed and/or existing landscaping and buffering as may be required by the
County ,
. location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC).
d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months). minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land Use
Cover and Forms Classification System.
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS). unless waived at the pre-application meeting;
g. A historical and archeological surveyor waiver application ifproperty is located within an
area of historical or archaeological probability (as identified at pre-application meeting);
h. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
.-
-\PPUC.",T10N FOR PIIBUC HEARING FOR CO:"'o'DlTlONAl ('S[ .10198
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TRAFFIC IMP ACT STATEMENT (TIS):
Agenda Item No. 7C
December 16. 2008
Page 101 01177
A TIS is required unless waived at the pre-application meeting. The TIS required may be either a
major or minor as determined at the pre-application meeting. Please note the following with regard
to TIS submittals:
MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10
acres in size, although based on the intensity or unique character of a petition, a major TIS may be
required for petition often acres or less.
MAJOR TIS: Required for all other conditional use (and rezone) requests.
A minor TIS sball include tbe following:
I.
Trip Generation:
(at buildout)
Annual Average Daily Traffic
Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
o
Trip Assignment: Within Radius of Development Influence (RDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of
service (LOS).
5. Any proposed improvements (to lb~rDW"lPil",pairTtlairrjgb"~udxlecqhlaWd;j~ otlatiliJptiagnwnts.
6. Describe any proposal to mitigate the negative impacts on the transportation system.
7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation
Element (TCE) of the Growth Management Plan (GMP). including policies 1.3, lA. 4A, 5. J. 5.2.
7.2 and 7.3.
A Major TIS sball address all of tbe items listed above for a Minor TIS, and sball also
include an analysis of the following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
.\PPlICA TIO...... FOR PI 'Due HEARING FOR CO~OITIONAL ('Sf - 10198
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TRAFFIC IMPACT STATEMENT ITIS) STANDARDS:
Agenda Item No. 7C
December 16. 2008
Page 102 of 177
The following standards shall be used in preparing a TI S for submittal in conjunction with a
conditional use or rezone petition:
1.
~
3.
4.
5.
Trip Generation: Provide the total traffic generated by the project for each link within the
project's Radius of Development Influence (ROI) in conformance with the acceptable traffic
engineering principles. The rates published in the latest edition of the Institute of
Transportation Engineers (lTE) Trip Generation Report shall be used unless documentation
by the petitioner or the County justifies the use of alternative rates.
Trip Assi!mment: Provide a map depicting the assignment to the network. of those trips
generated by the proposed project. The assignment shall be made to all links within the RDI.
Both annual average and peak seasonal traffic should be depicted.
Existinl! Traffic: Provide a map depicting the current traffic conditions on all links within
the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI.
Level of Service (LOS): The LOS ofa roadway shall be expressed in terms of the applicable
Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP.
Radius ofDevelooment Influence (RDI): The TIS shall cover the least of the following two
areas:
a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed project on the major
thoroughfares exceeds one percent of the LOS "C".
Land Use
Distance
Residential
S Miles or as required by DRJ
Other (commercial. industrial, institutional. etc.)
0- 49,999 Sq. Ft.
SO,OOO - 99.999 Sq. Ft.
100,000 - 199, 999 Sq. Ft.
200.000 - 399, 999 Sq. Ft.
400,000 & up
2 Miles
3 Miles
4 Miles
5 Miles
SMiles
In describing the ROI the TIS shall provide the measurement in road miles from the proposed
project rather than a geometric radius.
6. Intersection Analvsis: An intersection analysis is required for all intersections within the RDI
where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per
Hour (VPH).
7. Backl!round Traffic: The effects of previously approved but undeveloped or partially
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Agenda Item No. 7C
December 16. 2008
I d. hi h fii . h h~' f Page 103 of 177
deve ope projects w c may a ect major t oroug Lares within the RDI 0 the proposed
project shall be provided. This information shall be depicted on a map or, alternatively, in a
listing of hose projects and their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from
potential development shall be provided. Potential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) and the Collier
County Land Development Code. This estimate shall be for the projected development areas
within the projects RDI. A map or list of such lands with potential traffic impact calculations
shall be provided.
9. Throul!h Traffic: At a minimum, increases in through traffic shall be addressed through the
year 20 IS. The methodology used to derive the estimates shall be provided. It may be desirable
to include any additional documentation and backup data to support the estimation as well.
10. PlaooedlProoosed Roadwav ImDrovements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11. Proiect Phasinl!: When a project phasing schedule is dependent upon proposed roadway
improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of
a project are mitigated through a phasing schedule, such a phasing schedule may be made a
condition of any approval.
TIS FORM RVBiRJM 10/17/97
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APPLlCA TIO~' FOR Pt18UC IfEi\RI~G FOR CO~DITIONAL l :SE - 10198
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Agenda Item No. 7C
December 16, 2008
I(~ , .( - ~~ 1-..11 Page 104 01 177
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Agenda Item No. 7C
December 16. 2008
Page 105 of 177
Conditional Use Reauest
The proposal is to substantially upgrade the existing LaPlaya Beach Resort facilities to a "four star"
boutique hotel. The cost of the resort amenities is such that a "private club" conditional use is
necessary to economically justify the upgraded facilities. The plan is to remove a portion of the low
rise hotel and all of the parking on the west side. This space will be utilized for pools, pool decks,
landscaping, and other beach resort amenities for hotel guests and club members. The hotel rooms
that are to be removed from the west side will be replaced in a building on the east side of Gulf
Shore Boulevard that will also contain relocated meeting rooms and be adjacent to the existing
conference space, and parking for all of the land uses on the site will be accommodated in a parking
structure on the east side. All parking for the hotel and private club will be valet parking.
The streetscape will be improved with enhanced landscaping and sidewalks; vehicular and
pedestrian ingress and egress will be coordinated and clearly designated; and the number of vehicular
access points greatly reduced.
It should be recognized that the requested use is a "conditional use", referred to as a "special
exception" in other jurisdictions. A conditional use is a permitted use to which the applicant is
entitled, unless the zoning authority determines that such a use would adversely effect the public
interest. In this instance, the requested conditional use is for a private club in the Residential Tourist
Zoning District. Providing a beach club for residents of other areas would seem totally consistent
with providing facilities for tourist accommodations on the beach and would further, not adversely
effect, the public interest.
1. This application is for conditional use number 5 in the Residential Tourist District (Section
2.2.8, Land DeveloDment Code). As stated in ~2.2.8.1, the purpose and intent of the
Residential Tourist District (RT) is to provide lands for tourist accommodations and support
facilities. The request is to add a private beach club to the existing LaPlaya Beach Resort.
The proposed use is consistent with and furthers Collier County Land Development Code
and Growth Management Plan as follows:
I. The Future Land Use Designation Description Section for the Urban Residential
Subdistrict (LU-I-23) encourages water dependent and water related land uses in the
coastal region. The FLUE encourages coordinated mixed-use sites of water
dependent and water related uses and the inclusion of other recreational uses which
may benefit from the proximity to and/or integration with water dependent and water
related uses. The addition of a private beach club to the existing LaPlaya Beach
Resort furthers this goal of coordinated mixed uses and the inclusion of recreational
uses integrated with existing water dependent and water related uses.
2. In addition to the priority for shoreline land use being given to water dependent uses,
the Project meets the criteria of utilizing a presently developed site where water
dependent, or water related uses have been previously established (LU-I-23).
3. The Project is consistent with and furthers Policy 3.1 (F) of the Future Lana Use
Element by improving the safety and convenience of on-site traffic flow ant vehiclW~f
Page I of 2
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Agenda Item No. 7C
December 16. 2008
Page 106 01 177
parking needs, improving the design standards for access from the abutting roadway,
and improving landscaping and buffering criteria.
4. The Project furthers the objectives of Policy 5.5 by using existing land zoned for
urban intensity uses, as opposed to permitting development of other areas.
5. The private club use is compatible with and complementary to the surrounding land
uses required by Policy 5.4 of the Future Land Use Element.
2. The existing LaPlaya facility has a number of vehicular accesses to Gulf Shore Boulevard
as a result of having been constructed in phases over a number of years with parking on both
sides of the street. The proposal is to substantially upgrade the existing LaPlaya Beach
Resort tower building and low-rise structure to the status of a four star hotel. In addition, a
portion of the low-rise structure will be removed to provide for a substantially enhanced
ground-level of decks, pools, and landscaped area on the western side for hotel guests and
private club members. There will be no parking on the western side of Gulf Shore
Boulevard, and all parking will be via valet in the east side parking structure. The number
of access points for vehicular ingress and egress to the property to be minimized with the
main access to the private clublhotel on the west, and the parking facility on the east to be
coordinated and aligned so that vehicular safety and convenience, traffic flow and control
are greatly enhanced. In addition, the enhanced streetscape on the west side will provide for
a sidewalk which is, in most cases, moved away from the traffic lanes, and with a crosswalk
which will be differentiated by pavers and by signage.
3. The conditional use will have no adverse impacts on neighboring properties in relation to
noise, glare, and odor. The site currently contains the maximum allowable number of hotel
rooms. The upgrading of the facilities and the increase in open space on the west side, along
with the construction of hotel and parking structure on the east side, will all prevent the
conditional use from having an adverse impact on the neighboring properties. The upgrading
of the facilities to a four star hotel will have a positive economic impact on the surrounding
properties and the aesthetics of the neighborhood, when viewed from the street, the beach
or bay.
4. The property is developed as a beach resort hotel, and is adjacent to RT zoning on the south,
and single-family zoning on the north. The private club facilities have been concentrated in
the center of the site away from the single-family residences to the north, and are compatible
with and complementary to the other RT uses in the district. The upgrading ofthe facility
and the increase of open space on the west side will make the project more compatible, rather
than less compatible, with surrounding land uses.
F:\uscrs:\LANA\Wp8\LaPlaya\Conditional Use Evaluation Critcria.wpd
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Agenda Item No. 7C
December 16, 2008
Page 107 of 177
AFFIDA VIT
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We/I. I he. \"dSW-tt .-Jeu l-'N Ie i1 J r being first duly sworn, depose and say that well am/are
the owners of the property described herein and which is the sU/Jject mailer of the proposed hearing;
thai all the answers 10 the questions in this application. including the disclosure of interest
information. all sketches. data, and other supplementa')' mailer aI/ached to and made a part of this
application. are honest and true 10 rhe best of our knoli.1edge and belief Well understand that the
information requested on this application must be complete and accurate and that the content of this
form. whether complller generated or County primed shall not be altered. Public hearings will not be
advertised until this application is deemed complete. and all requIred infonnation has been submilled.
As property owner We/I further authorize be,o-o'7fj; If' 11/\ IVAdC~, ".(. ~lJ1l.>")
ourlmy representative in any mailers regarding t IS Pellllon. v'a., f\<,'>CJ1de~t",
to act as
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Typed or Printed Name of Owner
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T)ped or Printed Name of Owner
The foregoiJJg instrument was acknowledged before me this J J.. ",I day of fPj./LJ.AIlA<.J
200U, by J Ul..1fT C. Sfhiul- who is personallv known 10 me or has producdd
as idelllification.
~"fjl.V PI.J OFFICIAL NOTARY SEAL
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OntO OCT. 15,2000
State of Flori a
County of Collier
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AFFTDA VIr
Well. Wt -u:L ')Ct.~ LLG-- beingfirsl du(v swom, depose and say t"arwell amlare
Ihe owners 0 he property descrJ ed herein and which is /.he subject matter of the proposed hearing;
that ail the answers to the questions in this applicatIon. including the disclosure of interest
znformation. ail sketches. dara, and other supplementary matter attached to and made a part of this
application. are honest and l1ue to rhe best of our knowledge and belief We/I understand that the
information requested on this application musr be complete and accurate and that the content of this
form. whether computer gePlerated or County printed shall not be allered. Public hearings will not be
advertised UIltil this application is deemed complete. and all required infonnaJioPl has been submitted.
As property owner Wellfwrcher authorize G~"':l~ vCL-!J1dckc>-\-
ourlmy representative ill any molters regardillg this Pemion. ~ u..~, va.",
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Typed or Printed Name of Owner
Theforegoing instrument was acknowledged before me this J,J.",J day of 7-..J.:k(a"Ja
:20!X2..0 by Ih . j> D"f v who is personally known to me or has produc
. as identification.
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Agenda Item No. 7C
December 16, 2008
Page 109 of 177
STATEMENT OF UTILITY PROVISIONS FOR Conditional Use Permit ADD/ication
1. Name of Applicant: La Plava. LLC
2. Mailing Address: 2600 Golden Gate Parkway
City Naoles
State
Florida
Zip
34108
3. Address of Subject Property (if available): 9891 Gulf Shore Drive. Naoles FL 34108
4. Legal Description:
Section:
29
Township:
48 S
Range:
25 E
Lot: 25-30 & 24-28
Block:
"A"&~'B"
Page#: 18
Subdivision: Vanderbilt Beach Estates. Unit I
Plat Book: 3
Property I.D.#: Block A: Lot 25: #27480720006. Lot 26: #27480760008. Lots 27-30:
#27480800007 Block B: Lot 24: #27481640004. Lots 25-28: #27481680006
Metes & Bounds Description:
See Lee:a1 Descriotion Above
5.
Type of sewage disposal to be provided (check applicable system):
a. County Utility System
b. City Utility System
c. Franchised Utility System
Provide Name
d. Package Treatment Plant
(GPD capacity)
e. Septic System
6. Type of water service to be provided:
a. County Utility System
b. City Utility System
c. Franchised Utility System
Provide Name
d. Private System (Well)
7. Total population to be served: 360
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December 16, 2008
Page 110 of 177
8.
Peak and Average Daily Demands:
A. Water - Peak 100.800 gDd
B. Sewer- Peak ]45.000 l!Dd
Average Daily 37 .400 god
Average Daily 35.800 god
9. If proposing to be connected to Collier County Regional Water System, please provide
the date service is expected to be required: NI A
10. Narrative Statement:
The sanitary sewer improvements proposed with this conditional use permit application
will connect to the existing Collier County owned gravity sanitary sewer located on Gulf
Shore Drive adjacent to this project.
II. Collier County Utility Dedication Statement:
Any water and sewer improvements proposed for this project within the Gulf Shore Drive
right-of-way will be conveyed (dedicated) to Collier County upon completion of
construction. All other water and sewer improvements not located within the Gulf Shore
Drive right-of-way will be privately owned and maintained except for those
improvements within County Utility Easements (CUE's).
12. Statement of availability capacity from other providers:
Sewer and potable water services will be provided by the existing mains nmning along
Gulf Shore Drive. These mains are owned and maintained by Collier County.
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Agenda Item No. 7C
December 16, 2008
Page 111 of 177
-,..' lit.:
.PlIa nOT IT "L
. . ";U4e ;GaUlI. Gl'l1 ,m 1115
~~IB~fL 1410S 1201
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2582819 OR: 2632 PG: 1710
UctlRDID in the Ol!IClllo mOlDs of ctILLlU cQum, n
01/1!/200D It 01:4". DIIGIT I. aIOCI, CLI!1
CoIS 412'1103.00
lIC III 15.00
IIDIIIIG 2.U
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SPECIAL WARRANTY DEED
'._ j THIS SPECIAL WARRANTY DEED (this "Deed'') is made, entered into
and effective as of the I 'i~ay of January, 2000 by (i) NB HOTEL LIMITED, a
Colorado limited partnership with an address at 1050 1711\ Street, Suite 1200
Denver. CO 80265 (the "Grantor"), in favor of (ii) WESTGROUP LAPLAYA. LLC:
a Florida limited liability company, and THE HALSTATI PARTNERSHIP. a
Florida general. partnership, as Tenants in Common, each as to "nj,undiy'id~d filt' '.
per'i=ent (50%) Interest (the "Grantees''l. ridc\.r-t..:>S <l.."ao 6-cllO?E:Jot ()-<<R rc.i,..t\{,l~
;31:4 FLoor ~C\.fle~ FL ~'-I(05
WITNESSETH:
That for and in consideration of the sum of TEN and NO/IOO DOLLARS
($10.00), cash in hand paid by the Grantees to the Grantor, and for other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the Grantor, the Grantor has bargained and sold and does
hereby grant and convey unto the Grantees and the Grantees' successors and
assigns forever, in fee simple, the following described real prope.ty. located in
Collier County, Florida (the "Real Property") , to-wit:
Lots 25 through 30, inclusive, Block A, and Lots 24 through 28,
inclusive, Block B, CONNER'S VANDERBILT BEACH
ESTATES, UNIT NO.1, according to the map or plat thereof
recorded. In Plat Book 3, Pages 8 and 9, of the Public Records
of Collier County, Florida, less the right of way for Gulf Shore
Boulevard.
27480720006 (Lot 25, Block A)
27480760008 (Lot 26, Block A)
27480800007 (Lots 27- 30, Block A)
27481640004 (Lot 24, Block B)
27481680006 (lots 25- 28, Block B)
FEDERAL TAX 10. NUMBER for WESTGROUP LAPLA Y A, LLG:
FEDERAL TAX 10. NUMBER for THE HALSTATI PARTNERSHIP:
PROPERTY 1.0. NUMBERS:
TO HAVE AND TO HOLD the Real Property, together with all
appurtenances and privileges thereunto belonging. unto the Grantees and the
Grantees' successors and assigns forever, in fee simple.
The Grantor does covenant to and with the Grantees and the Grantees'
successors and assigns that (i) the Grantor is lawfully seized in fee simple title to
the Real Property, (ii) the Grantor has good right to convey the same as herein
done, (iii) that the Real Property is free and clear of all encumbrances of
whatsoever nature, except as herein stated, and (iv) that the Grantor will
WARRANT GENERALLY the title to the Real Property and will defend the same#.(..1L~
\\M,6\shared\NB HCltellimited\Special W Deed2.doc
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Agenda Item No. 7C
December 16. 2008
Page 112 of 177
OR: 2632 PG: 1711
against the lawful claims of all persons claiming by, through or under the Grantor,
but against none other.
The Real Property is being conveyed hereby suqject to (a) real estate
taxes for 2000, (b) zoning and use restrictions imposed by govemmental
authority, (c) restrictions and easements which may appear of record in the
Public Records of Collier County, Florida and (d) outstanding oil. gas and mineral
interests of record, if any.
The Grantees assume and agree to pay all ad valorem taxes assessed
against the Real Property for the current fiscal year and all subsequent years, the
current taxes and assessments to be prorated as of the date of transfer of this
Deed.
IN WITNESS WHEREOF, the Grantor has caused this Special Warranty
Deed to be executed by its duly authorized officer on the day, month and year
first above written.
Signed, sealed and delivered
In our presence:
NB HOTEL LIMITED,
a Colorado limited partnership
IL~
Witness #1
k.,,;,., frJ_C....~
Printed Name of Wrtriess #1
By: AGL Investments NO.12 Limited
Partnership, a Colorado limited
partnership, General Partner
By: AGlP No.12 Limited Partnership,
a Colorado limited partnership,
General Partner
<. ~__ S'
Witness #2
'-:::..... ~
By:
GLGP No.12, Inc., a Colorado
orporati , Generai Partner
Tlb..,....J,.' ...... "",.,JVJ
Printed Name ofWrtness #2
By:
new, President.
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Agenda Item No. 7C
December 16. 2008
Page 11301177
-
**t OR: 2632 PG: 1712 ***
STATE OF COLORADO )
) 5S:
CITY AND COUNTY OF DENVER )
I HEREBY CERTIFY that on this the I~y of January, 2000, before
me, an officer duly qualified to take acknowledgments, personally appeared
DAVID AGNEW, as President of AGLGP No.12. Inc., a Colorado corporation, on
behalf of the corporation as general partner of AGlP NO.12 Limited Partnership,
a Colorado limited partnership, general partner of AGL Investments No.12
Limited Partnership, a Colorado limited partnership, general partner of NB Hotel
Limited, a Colorado limited partnership, personally known to me or Who produced
the type of identification provided and who (did/did not) take an oath and who
executed the foregoing Special Warranty Deed and acknowledged before me
that such officer executed the same in his capacity as President of the
corporation on behalf of the corporation in the capacity therein stated for the
purposes set forth therein.
Witness my hand and official seal in the Cou ty and 5t e last aforesaid
this ffiay of January, 2000.
. . kfd)1
\\IJI16\shated\NS Hotel L.imited\Speoal W Oeed2.doc::
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La Playa Parking Analysis with Additions
Assumes a/l valet parking.
Facilities
Existing
Hotel
Restaurant
Lounge
Terrace
Pool
Gift Shop
Assembly Space
Total Spaces Provided Today
Proposed Additions
(50% for Club Membership)
Club Dining/LoungefT errace
Locker Rooms
Spa Treatment Rooms
Spa Retail/Reception
Salon
Pool
Pool-side Dining
Fitness
Total New Spaces Needed
Total Parking Requirement
Size (sJ)
1 54 rooms
1,500
1,200
600
1,926
520
5.000
Size (sf)
5,850
1,500
700
350
183
937
350
445
Ratio
1 space/100 sJ.
1 space/100 sJ.
1 space/100 sJ.
1 space/400 sJ.
1 space/200 sJ.
1 space/125 sJ.
1 space/100 s. f.
1 space/100 sJ.
Agenda Item No. 7C
December 16, 2008
Page 114 of 177
22-Feb-00
254
Spaces
Required
59
15
7
1
1
7
3
4
98
352
4/
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Agenda Item No. 7C
December 16, 2008
Page 115 of 177
,.
La Playa Beach Resort Lighting Concept
The goal of the site exterior lighting is to provide safe, secure and aesthetically pleasing
lighting, created in the resort theme of "casual elegance".
The lighting will:
1. Provide a clear view Of any potential obstacles in the environment such as
curbs, walls, steps, ramps, and water edges.
2. Provide appropriate light in each area to deter an intruder which also adds
psychologically to a inhabitant's feeling of protection.
3. Allow the enjoyment of the environment by creating a theme with the lighting
that will enhance views from within the landscape as well as views from the
interior spaces.
These concepts will be created by placing the lighting at specific levels appropriate to
the activities occurring in each area. Areas of use will be clearly identified and the
lighting approach will respond to issues of security. The appropriate light levels not only
address safety, but the solution will also provide a comprehensive treatment of an area.
This will be accomplished by lighting not only the paths, but also certain areas of
planting or other elements along the path to provide the user with information about the
surroundings. Eliminating areas of darkness will increase the perceived and the actual
safety of an area.
Lighting will also be used to identify all entrance and exit locations, both vehicular and
pedestrian. This also includes the boundaries between different areas within the site. At
main entrances, decorative fixtures will be used to attract attention and serve as visual
markers. Other areas will only use a higher-wattage lamp or lit signage to announce the
change of spaces. By providing identification and attraction to enter the space through
the use of light heightens the potential use of the space.
The lighting will be flexible to respond to periodical activities that will take place in the
space. The lighting will respond to the visual needs that accompany the tasks in each
a~a. -
Control of the lighting systems will be on an automatic system equipped with photocells
and time-switches with multiple option of settings for flexibility as required.
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Exhibit liB"
Agenda Item No. 7C
December 16, 2008
Page 117 of 177
RESOLUIO;\ 2000,_
.\ RESOLCiION PROVIDING FOR THE EST ABLlSHMENT
OF A PRIV ATE CLUB CONDITIONAL USE 5 IN THE RT
ZONING DISTRICT PURSUANT TO SECTION 2.2.8.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 29. TOWNSHIP48
SOUTH. RANGE 25 EAST, COLLIER COUNTY. FLORIDA
VlHEREAS, the Leglslarure of the State of Florida in Chapter 67-1246, Laws of Florida.
Chapter 125, Florida Statutes, has conferred on Collier Cowny the power to establish, coordinate
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 (Ordimu
'No. 91.102) which includes a Comprehensive Zoning Ordinance establishing regulations for t
zoning of particular geographic divislOns of the Counry. among which is the granting of Condition
Uses: and
WHEREAS. the Collier County Plarming Commission. being the duly appointed an
constituted platUling board for the area hereby affected. has held a public hearing after notic '" Sail
regulations made and provided, and has considered the advisability of Conditional Use 5 '- .....cetlor
.::!.2.8.3 in an RT Zone for a private club on the property hereinafter described. and has found as is
maner of facl fExhiblt "A ") that satisfactory provision and arran gem em have been made concerning all
applicable matters reqUired by said regulations and in accordance with Subsection 2.7.4.4 of the Land
Developmenl Code for the Collier County Planning Commission; and
WHEREAS. all interested panies have been given opportUnity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
'lOW. THEREFORE BE IT RESOLVED. BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by George L Varnadoe. Esquire of Young, van Assenderp. Varnadoe &
Anderson. P.A.. representing La Playa. LLC, with respect to the property hereinafter described as.
Lots 25 through 30 inclusive Block A, Unit No. l, and Lots through 28, inclusive. Block B.
Unit No. J, Connors Vanderbuilt Beach, as recorded in Plat Book 3. Page 9, of the Public
Records of Collier County, Florida.
be and the same is hereby approved for Conditional Use 5 of Section 2.2.8.3 of the RT Zoning
District for a private club in accordance with the Conceptual Master Plan (Exhibit "8").
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Agenda Item No. 7C
December 16, 2008
Page 118 of 177
BE IT FURTHER RESOL VED that this Resolution be recorded in the minutes of this Board.
This ResolutIOn adopted after motion. second and maJonty vote.
Done this
day of
,2000.
BOARD OF ZONING APPEALS
COLLIER COUNTY. FLORIDA
BY:
TIMOTHY J. CONSTANTINE, CHAlRMAN
ATTEST
DW1GHT E. BROCK. CLERK
Approved as to Form and
Legal Sufficiency:
',- -'
':fl!O.AN m~
MarTH M. Scuderi
Assistanl County Attorney
Ct.:-2000-3 ResolutIOn
JJ(t?1 'I
,2,
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Agenda Item No. 7C
December 16, 2008
Page 119 of 177
FINDING OF FACT
BY
COLLI~R COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-03
The following facts are found:
1. Section 2.2.8.3 of the Land Development Code authorized the
conditional use.
2. Granting the conditional use w~ll 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.
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compat~bility w~th adjacent propert~es and other
property in the distr~ct:
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
DATE:
CHAIRMAN:
EXHIBIT ~ AI
. -,
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0>1.
Agenda Item No. 7C
December 16, 2008
Page 120 of 177
::-INDING OF ?AC':'
BY
:O~~IER COUNTY ?LANNING :OMMISSION
?OR
A CONDITIONAL USE ?ETI':'ION
?OR
:::-2000-03
':'~e following facts are found:
Section 2.2.8.3 of :~e ~and Development Code authorized the
condit~onal use.
~. Granting the condit~onal use w~ll not adversely affect the
public interest and w~ll not adversely affect other property
or uses ~n t~e same iiscr~cc or ~eighborhood because of:
A. :onsiscency w~th ~he ~and ~evelopment :~de and
Growth Management ?l~:
Yes V No
B. Ingress and egress to property and proposed
structures thereon w~th particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control. and access in case of fire or
catastrophe:
Adequate ingress &~ress
Yes .\L--- No
C. Affects neighboring properties in relation to noise,
glape. econom~c or odor effects:
~ No affect or Affect ~~tigaced by
Affec~ =annot je ~l~~~ated
D. Compatibil~cy w~th adjacent propert~es and other
property in the district:
Compatible use yith~n district
Yes V No
Based on the above findings.~~~ ~dit~onal use should, with
stipulations, (copy attached (shoul not) be recommended for
approval ,
'-I~ '2-0. VtNV MEMBER: I{"v ~~~
./
DATE:
f. / FINDING OF FACT MDCBD/
h 'If
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Agenda Item No. 7C
December 16, 2008
Page 121 of 177
F::mING OF FAC":
BY
:~L~~ER CCUNTY ?LANNING ::MMISS:ON
?OR
A CONDI7IONAL USE PETITION
?OR
:::;-2000.,03
7he :ollow~ng :acts are found:
~. Section 2.2.8.3 of the ~and ~evelopment 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 d~strict or neighborhood because of:
A. ::ons~stency with ~he ~and ~evelopment Code and
Growth Management ~~an:
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 ~ress
Yes ~ No
C. Affects neighboring properties in relation to noise,
g~e, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be m~tigated
~. Compatibility with adjacent properties
property in the district:
Compatible ~ithin district
Yes~ No
Based on the above findings. this conditional
stiPUlati~ (coPYY~1 ttached) (should not) be
approval _ ~ .
DATE:-1.\ Q M
and other
with
for
f/FINDING OF FACT MBMaBR/
)4[LIJi/
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Agenda Item No. 7C
December 16, 2008
Page 122 of 177
?HIDING OF ?ACT
BY
:J~L:ER CO~~~Y PLANNING C~MMISSI8N
?CR
A CONDITIONAL USE PETITION
?OR
::';.2000-03
T~e following facts are found:
Section 2.2.8,3 of the Land Development Code authorized the
conditional use.
,. Granting the conditional use will not adversely affect the
public interest and wlll not adversely affect other property
or uses ~n the same dlstrict or nelghbor~ood ~ecause of:
A. ConSlstency wlth the Land ~evelopment 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 lngress & egress
Yes V No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
,~ No affect or Affect ~ltlgated by
Affect cannot ~e ~ltlgated
~. Compatibility with adjacent propert~es and other
property in the district:
Compatible use within district
Yes ,/ No
Based on the above findings, this conditional use should, with
~tions, (copy attached) (QRg~la set) be recommended for
~ approva]::>
DATE: A-1'2-<)/z.ooo
,
MEMBER: ~t>...-..I\ L..,A.A.'t:'--,ill
~/FINDING OF FACT KBMBER/
A
I
~()..
Agenda Item No. 7C
December 16, 2008
Page 123 of 177
?:NDING OF ?AC'
3Y
:2~~:ER COUNTY ?LANNING =OMMISSION
?OR
~ CONDITIONAL ~SE ?ET:TION
?OR
:'J-2000-03
~~e :ollowing fac~s 3re found:
Section 2.2.3.3 ~f the Land ~evelopment Code authorized the
condi t~~nal '..:se.
~. Granting the :~nd~tional use w~ll ~ot adversely affect the
public interest and w~ll not adversely affect other property
or uses C~ :~e same distr:c: ~r ~e:ghborhood because of:
A. =cns~stency w~th the ~and ~evelopment Code and
Growth Management Pl~
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 ~n case of fire or
catastrophe:
Adequate lngr~:: ~~~
C. Affects ne~ghboring properties in relation to noise,
gla~conomic or odor effects:
~o ~f:ec~ or Af=ec~ ~itigated by
~f:ect :annot be ~~~~gated
~, Compat:=:ll:y w~th adJacent propert~es and other
property :n the district:
Compatible use within district
Yes ~_ No
MEMBER:.4:
, with
for
DATE:
f!FINDING OF FACT MEMBER/
,4d)f
r1L."
Agenda Item No. 7C
December 16, 2008
Page 124 of 177
?:~'IDING :::F ?AC-::
BY
=:~~=SR ~:l~~: ?~ING :~MM=SS::N
?CR
~ ::ONDI7:0NAL ~SE ?ETI-::ION
?OR
::::-2000.C3
~he :ollowlng :acts are :ound:
Section 2.2.8.3 ~f :he ~and Development CJde authorized the
conditional use.
2. Granting the condltional use will not adversely affect the
public interest and wlll not adversely affect other property
~r uses ~~ ~~e same distYl~~ or ~e~gr~orhood because of:
A. ConSlstency ~lt~ :~e ~and ~evelopmen~ :ooe ~nd
Growth Management Plan:
Yes ~ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotlve and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate lngress & egress
Yes ~ No
C. Affects neighboring propertles in relatlon to noise,
glare_ economic or odor effects:
....... :--10 affect or Af::ect mltigated by
Af:ect cannot be ~ltigated
~. :ompatibll~ty wlth adjacent properties and other
property ln the district:
Compatible use withln district
Yes No
Based on the above findings, ~~~.~,itional use should, with
~pulati s, (copy attached)~~ be recommended for
.pp:~va;_Jt2_""'" . ""<BER. Jer""" j ~
~!FINDING OF FACT MEMBERI
\
p"#)J{
#'.2:.__
Agenda Item No. 7C
December 16, 2008
Page 125 of 177
F:NDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
?OR
CU-2DOQ-03
The following facts are found:
1. Section 2.2.8.3 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 other property
or uses in the same distr~ct or neighborhood because of:
A.
B.
Consistency w~'.t ~ Land Development Code and Growth
Management P :
Yes No
Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and ~cc in case of fire or catastrophe:
Adequate' s & egress
es No
Affects nei hboring properties in relation to noise,
gl cono or odor effects:
No a or Affect mitigated by
Affect cannot be mit~gated
C.
D.
properties and other
district
No
Based on the above findings, this conditional use should,
stipulations, (cop'y attached) (should not) be recommended
approval .....-flPP/JO~ j) N1 "J I
DATE: 4.hoJoO CHAIRMAN: Iv-.W A/w
( (
with
for
EXlllBIT "AU
~)'i
4..1-
Agenda Item No. 7C
December 16, 2008
Page 126 of 177
.-
FINDING OF FACT
BY
~OLLIER COUNTY PLANNING COMMISS:ON
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-Q3
The following facts are found:
1. Section 2.2,8.3 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 other property
or uses in the same district or neighbcrhood because of:
A. ~onslstency with the Land Development Code and
Growth Management P~an:
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,
alare, economic or odor effects:
- ~. No affect or Affect mltigated by
Affect cannot be mltlgated
2. Compatlbility wlth adjacent properties and other
property in the district:
Compatlble use within district
Yes v/ No
Based on the above flndlngs, th~s rQgditlonal
stipulations, (copy attached) (sho"ldJnotl be
/
approval
DATE: L-;~ A-o ' g....;
use should, with
recommended for
MEMBER:
, -, 'if, .
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f/F:NDING OF FACT MEMBERI
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: I," Page 127 177
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Agenda Item No. 7C
December 16, 2008
Page 128 of 177
MEMORANDUM FROM PMS, INC. OF NAPLES
TO:
FROM:
KAY DESElEM
KAREN BISHOP
SUBJECT: MORAYA BAY CLUB CONDITIONAL USE (AR#ll 046)
DATE:
CC:
9/18/08
Dear Kay,
The Monitoring Plan for members will consist of both the shuttle driver monitoring the
passenger count as he picks members up and takes them back. Each member will be required to
log in and out electronically as they enter and exit the club. The club manager and personnel will
insure ongoing compliance with the 250 persons limit.
Please call me with any questions you have.
Sincerely,
Karen Bishop
2335 Tamiami Trail N., #408, Naples, FL 34103/ (239) 435-9080 ext 3
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Agenda Item No. 7C
December 16, 2008
Page 131 of 177
MEMORANDUM FROM PMS, INC. OF NAPLES
TO:
FROM:
KAY DESELEM
KAREN BISHOP
SUBJECT: MORAYA BAY CLUB CONDITIONAL USE (AR#11 046)
DATE:
CC:
9/18/08
Dear Kay,
At the CCPC hearing on 9/4/08 for this petition one of the concerns Commissioner Strain
brought up was in reference to any possible outside noise area and/or amplified sound that may
occur. Attached is the Noise Ordinance 90-17 in which the proposed use will comply with. You
will find on page 6 of this Ordinance the maximum decibel level limits that the proposed private
club must adhere to.
Please call me with any questions you have.
Sincerely,
Karen Bishop
2335 Tamiami Trail N., #408, Naples, FL 34103/ (239) 435-9080 ext 3
08/24/2ess 16:85
239G~3696B
COLLIER cry ZONING
PAGE 82/8~
Agenda Item No. 7C
December 16, 2008
Page 132 of 177
COLLIER COUNTY GOVERNMENT
Community Development and F..nvironmental Services Division
Departmenl of Znning and L:llld Development Review
AugllS122,2oo5 2RflO Nor,I> ffor,eshoc Drive' I'oiaples, Florida 341.04.
Mr. Richanl YDvanovich
Goodlelle, Coleman and Johnson, P.A.
4001 North TanIiami Tr:ail
Suite 300
Naples, FL 34103
RE: 2L TR-2oo5-AR 8112 and Request for Building He.ight Waiver, Vanderbilllnn Site
Dear Rich,
In your Ictter dated July 28, 2005 you ask for confixmation lbal the attached graphie of a
building cross section complies witb the written definition of"Builtfitrg, :OIIft height of'
per Chapter 1.08.02 of the CDilier COllllly Land Development Code (LOC). Your letter is
supplemented by a letter from Van Aukcn Miller, AlA, of My Architect, Inc., dared
Au.gu.st 8, 2005 (the "MiliCI" Letter"), requesting an AdminislJlltive Heighl Waiver
pursuant 10 section 4.02.0i .0,2 oftne LDC.
The above referencOO definition reads as follows;
Building, l.olCed height of:. The vertiC41 dislance from the first finished flrwr to the
highest poinr of the roof surface of a /lDt or Bermuda roof. to rite deck line of a mansard
roof and to the mean heighl level between eaves and ridge of gable. hip, and gambrel
roofs. Where ml1limum floor elewl1ion,s ha'tfe been established by law or permit
requirements. the bw1ding height shall be measured from such requ.ired minimum floor
elevations (See seetion 4.02.01. Exclusions from height limits, and off-street parlang
within a building.) Required minimum floor elevations shall be l1! conformance WIth the
Collier County Adminisrratlve Construction Code (see County adopted FBC Section
104.2.1.2. AdditIonal Requ.irements; 8.. as set forth in Corle of Laws 8S22-26) and, if
necessary, FDEP requirements for mi1l.lmum habitable firslfloor structural suppon.
Rooftop recreational space and acces.rory facilities are also exempted Fom the limitation
established for measuring the heighl of buildings
Attached to your letter you presenl multiple documents for review and consideration with
the undtlCstalJding the these documents and exhibil1i arc to be considered conceptual for
purposes of lhis review as they will be required to be finalized and resubmitted as part of
lherequired format Site Development Plan (SDP) process. As a mana of history, the
Board of County Commissioners furmally gave approval to enler inlo a settlemel1t
agreement on June 14, 2005 due to a purported Bert Harris Act claim asserted by Vall.-
c.
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e8/2~/2eas 16;05
23%~36%B
COLLIER CTV ZONING
PAGE 03/04
Agenda Item No. 7C
December 16, 2008
Page 133 of 177
Dc:v Inc. and VanderiJi It Beach A3sociatcd Lid. As part of many of the COllditions
associated with that settlement agreement, the maximum approval building height (ro/tlffi
building heigh/lIS dermed by the LDC) was pcnnittcd at 90 feel.
The attached graphic (A-I 07) indicates a FEMA elevation requirement of 1 5 NOVO and
an FOEP elevation requirement of20 feet. NeithEll' one oftbese requirements for
minimum floor elevations have been verified as part of this requesl
The definition of zoned building height requires that where minimum floor elevations
have been established by law or permit requirements, than the building height shall be
measured from such requirt!d minimum floor elevations. In this caBe, the building heighl
should be measured ftom the FDEP elevation requirement (mvcrifled) of 20 feet.
However, Chapter 4,02,0 I .0.2 of the LDC allows that in instances where off-street
parking is provided within the principal Strucl1lrC, the County Manager or designee may
waive the maximum height requirements to the extent necessary to pcnnit off.street
parking within the principal strucl1lre provided certain conditions arc met; fer a maximum
of two parking levds. The subject property is located in the Rcsirlential Tourist, R T
zoning district and falls within the Vanderbilt Beach Overlay District, lherefore is subject
10 a maximum height limitation of75 fed (zoned building helgbt).
Section 4.02.01.0.2 of the LDC sets forth fOlll" conditions or criteria fur administratively
granting a height waiver. Submitted. with. the Miller Letter arc conceptual iII01StratiOlls
depiGling the proposro layout of the building on site and an elevation cross-section for
the principal structure proposed for construction thereon. The Miller Letter explains how
the proposed prillCipal stnlcture satisfactorily addresses each ofthe fOllI" conditiollS or
criteria, including but not limited to, compatibility. AdditionaUy, a staff compatibility
analysis was presented to the Board of County Commissioners as part of the record
during the aforementioned settlement hearing on June 14, 2005. The analysis in the
MilICl" Letter coupled with the staff analysis presented to the Board and the minimwn
setback requirements per tbe settlement agreeroeDt, satisfY the compatibility criteria
requirement as described in the LDC. For thc dimensional requirements of parking and
open space, the illustrations indicate the applicant intends to meet the LDC requirement
for padcing and open space and calculates the required open space and parking based on
calculatiolls that are not inconsistent with curren! LOe requirements. Review and
approval of the actUllI site development plan will determine tile final building and parking
layout and calculations, pursuant also to the four conditions for the height waiver as
defined in the LOC.
The atta<:hcd graphic indicates that the first finished floor actually begillS at the roof line
of the second floor of parking, which is a point IJigber than the minimum heights
established by law orpennit requirements, as required by the LOC defmition. However,
because all the stated conditions for waiver of maximum bailding height as outlined in
section 4.02,01.0.2 of the LOC. par9lW1t to this application are met, thc meati\lf~'Illent of
thc first finished floor taken from the top of the second floor of parking, is an accC"f'lablc
point al which to bcgm measurement and is consistcnt with the definition above.
2
08/24/2005 1&:05
239643&968
COLLIER crv ZONING
PAGE 04/04
Agenda Item No. 7C
December 16, 2008
Page 134 of 177
The altached graphic also indicates thai the elevator pcothouse is located approximately
18 feel above the highest point of a flat roof. However, this is acceptable because LOC
Chapter 4.02.01.0. provides that the height limilations do not apply to inftastrucfure in
support ofth.e buildmg, such as mechanical penthouses, elevator shaft. stair shafts,
mechanical equipment or other equipment not intlll'lded for lrurnan occupancy or for
commercial purposes, The attacbed drawing appears to accurately rqnsent that LDC
exception to the height measurement.
Based on my review of alllhe forgoing, I appro"e an Administrative Height Waiver to a
mal<jmum overall building height of 134 tcel 3 inches and to a maximum ZOlled building
height of9O fect, for the principal structure proposed. This waiVllT is based on the
attached building cross section graphic and m.aterials submitted with the Miller Letter
whjch show that open space over and above that required for the principal structure bas
been provided pursuant to !he requirements oftbe LOC. The attached building cross
section graphic is the same graphic thaI is attached to the Miller reller,
Finally, it is important 10 nole that this zoning verification letter does not substitute for or
constitute approval of the subject structure outside of the site development plall revi ew
process as required by the LOC. Final approval of the site pl~ will be granted provided
all ofthe applicable rcquirem.etllll of the Land Developmcnt Code havc been satisfied
thnlUgb the officially established review process.
Please be advised that tbis verificalion is based on the Collier COlUlty Land Development
Code and/or Growlh MaNgcmeot Plan in effect as of this date. It is possible that
subsequent amendment(s) (0 either ofthesc could affect the validity of this verification.
Should you require further information please do not hesitate to call me at
(239) 403,2400.
Researched and prepared by:
~'4rJ~
4usan Murray, AlCP, Director
CC: Michael Petlit, Chief Assistant COlll1ty Attorney
Joseph K. Schmitt, Administralcr, CDES
Mike Basi, AIel', Principal Planner
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Agenda Item No. 7C
December 16, 2008
Page 136 of 177
From: Jflan241@aol.com
Sent: Friday, May 09, 2008 II :02 AM
To: DeselemKay; fiala_d; HalasFrank; henning_t; CoyleFred; ColettaJim
Subject: Re: Moraya Bay Beach CD 2006-AR-l1046
PS...some additional comments to those I filed earlier.
It appears that a gate access to the drop-off circle and the drop-off circle (which implies the loss of all
public parking spaces currently existing in this location would) result in the reality as well as appearance
of a private drop-off circle and main public pedestrian entrance for the development, or a private drop-
off/entrance to the private beach club, especially given no other entry access with the exception of the
Garage Entrance Drive. Such should be unacceptable to the county if they are representing the Citizens
of Collier County..
Please add this to my comments previously transmitted and forward to others having jurisdiction...
Thankyou...
W. James Flanagan III
280 22nd Ave NE
Naples, FL 34120-2329
239-352-6352 (Office)
781-254-8910 (Cell)
239-352-0509 (Fax)
Jflan241@aol.com (EM ail Direct)
In a message dated 4/29/2008 4:15:08 P.M. Eastern Standard Time, KayDeselem@colliergov.net writes:
here is some information as you requested.
Kay Dese/em, AICP
Zoning & Land Development Review Department
Community Development & Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239.252.2931
Fax: 239.252.6357
Wondering what's for Dinner Tonight? Get new twists on family favOlites at AOL Food.
Agenda Item No. 7C
December 16, 2008
Page 137 of 177
From: JfIan241@aol.com
Sent: Friday, June 13,20082:42 PM
To: Mark.strain@colliergov.net
Cc: fiala_d; HalasFrank; henning_t; CoyleFred; ColettaJim; DeselemKay
Snbject: Moraya Bay Private Beach Club Proposal/Hearing
Mark,
First off, I wish to thank you and express my appreciation for your service and attention to detail in
protecting the interests of Collier County as Chair of the Planning Commission and say that as a citizen
who follows these meetings, I'm glad we have you. And thanks to the other Planning Commissioners as
well for their service and attention.
As the chair of the Planning Commission hearing the proposal for the Moraya Bay proposal, and the
proposed loss of 18-20 beach access parking spaces at the Bluebill Ave extension that are currently
existing, I ask you to represent the public's interest and reject the plan that eliminates these spaces and
creates what becomes an apparent private drop-off/turnaround for the Moraya Bay Beach Club's side
entrance.
I had forwarded my initial comments to the County Commissioners, as well as Kay Dreselem/Zoning and
Land Development Review Depertment (she was the contact indicated on the public notice posted at the
site when I saw it at the end of May).
I have reviewed the plan and limited info on the Moraya Bay proposal and amendment to the
development for an accessory use of a private beach club as advertised for public notice per the sign in
front of the project.
Please add my public comment for the record that as a citizen, I object to the plan and private beach
club being proposed at Bluebill Ave and Vanderbilt Road and the plan proposed for a turnaround by the
County at that location.
1. Loss of public beach access parking spaces means loss of public beach access and shouldn't be
allowed. Loss of public access to the beach is unacceptable, and public access to the beach must be
defined as right-of-way plus sufficient parking plus sanitary facilities, not just a walkway from a roadway
to the beach. (Such, I suggest, should also be amended for all future regulations and definitions to
redefine what public beach access means, and such discussion should start now if it already hasnt.)
2. By introducing the turn-around, all spaces currently existing ( 18-20 total) are lost, with no indication of
replacement anywhere. By introducing a turnaround that eliminates such parking, and where an entrance
gate to the adjacent project is then located, the net result has the apparent overt intent of the County
allowing/building a private turnaround/dropoff circle for the development. Where are the deleted spaces
replaced? If passed as indicated on the plan, all parking for access to the beach head is from more than
1/2 mile away at Connors Park on the other side of the bridge. As a regular user of these spaces, I am
appalled that the county would relinquish beach parking like this, and feel it is the planning department's
responsibility to preserve and, if possible, expand beach parking, but certainly not to lose such an
asset of the County.
3. Public bath facilities indicated on the plan do not indicate setbacks from the property line, and this plan
would apparently fail on the basic building code and setbacks as a result, suggesting this is a failed plan
doomed from the start. Has planning board addressed this issue in its review? Are variances being
applied for to attain this? If so, I think such will set a poor precedent, and shouid not be allowed.
a. Were not public facilities provided within the developers property in the original concept and now a
private beach club by its proposal is intending and/or implying without stating and/or attempting to limit
and/or to preclude public facilities on the property and/or saddle the County with the
design/construction/and implementation of some public facilities outside its enclosed property?
Agenda Item No. 7C
December 16. 2008
Page 138 of 177
b. As an alternative solution to losing parking and providing proper and better facilities, cannot the
county coordinate with the state to provide public facilities adjacent to the entrance to serve both the
county and the state facility which could provide a better access, eliminate loss of parking spaces
c. Does not the Bluebill Ave right-of-way extend straight and all the way to the water? Is not the
easement granted by the developer within the right-of-way of Bluebill Ave? Seems to me the same rules
would apply as the Vanderbilt Beach Road end, as far as access and easement to the water.
d. Why cant the entrance drive to Delanor Wiggins State Park (Bluebill Ave) be realigned to
relocate/save the existing number of parking spaces, possibly located opposite of where they exist now?
Furthermore, this proposal for a Private Beach Club excludes all public access (events open to any
segment of the public shall be prohibited), provides shuttle bus service for Private Beach Club for all non-
resident members ( and these private club members will be using public parking spaces at Connors Park -
is this public beach/park parking facility now a private shuttle bus stop for the private Beach Club?).
Shouldn't a Private Beach Club provide Private Parking for all its members - should they not have to
provide for 250 private spaces for the 250 private non-resident members they are proposing? These
concerns rise from my review of the information in the Supplemental Staff Report recently recieved.
This whole concept stinks of private use of public facilities for private and exclusive benefit at public
expense. Do not allow this to happen, please. This is not in the interest of the taxpayers of Collier County -
in fact It is a detriment to the taxpayers of Collier County if this whole concept is approved. Require 1-for-
1 Private Parking Spaces for Private Beach Club non-resident Member, or 250 spaces. Maintain the
existng Bluebill Ave Extension existing parking spaces. Do not turn a county public asset into a private
drop-off circle. I hope the entire planning commission sees this proposal for what it is, and denies its
approval. The County Commissioners should have the same info and make the same findings to deny
this Moraya Bay Beach Club Proposal when fOlWarded for decision, and as such, I share my comments
and concerns that they may find issue and reject this when it appears before them.
Commissioner Coletta recently made a public statement that the beaches should accessible for all
county residents. This plan proposed appears to eliminate approximately 18-20 spaces that provide close
beach access, with no replacement or improvement for parking. It appears to me that a cooperative
venture between the County and the State, together with the contributions from the developer
in easement and financial contribution could make improvements and public facilities at the Bluebill Ave
Access to Vanderbilt Beach/Delanor Wiggins State Park a win-win for all, and mostly for the County
residents. This should be pursued for the benefit of all Collier citizens, and in partnership with the State,
with the Governor's encouragement and assistance if necessary to bring along such partnership for the
benefit of the people.
This end of Bluebill Ave and the entrance of Delanor Wiggins State Park is not of concern to the
development by the proposed changes being presented by the Moray Bay project, but it should be. And it
certainly should be the concern of the Citizens of Collier County and a consideration of the Planning
Commission in denying the reconfiguration of the Bluebill Ave extension as proposed by the Moray Bay
developer.
Please share my comments and concerns to the Planning Commissioners and all other parties having
jurisdiction over this proposal. And please preserve what precious few beach access parking spaces
existing today at this location. Once they are gone, they are gone forever...at taxpayers expense to
replace them.
Also, as the representatives of the taxpayers of Collier County, of which I am one, please read my
comments into the record in advance of the decision being made on this project and proposal, both at
the Planning Commission hearing on July 3, and at the subsequent yet,to-be,scheduled Board of County
Commissioners meeting.
As well, I welcome your comments and response.
Agenda Item No. 7C
December 16, 2008
Page 139 of 177
Respectfully,
W. James Flanagan III
280 22nd Ave NE
Naples, FL 34120-2329
239-352-6352 (Office)
781-254-8910 (Cell)
239-352-0509 (Fax)
Jflan241@aol.com (EMail Direct)
V ote for your city's best dining and nightlife. City's Best 200S.
Agenda Item No. 7C
December 16, 2008
Page 140 of 177
-----Original Message-----
From: barbateman@peoplepc.com [mailto:barbateman@peoplepc.com]
Sent: Wednesday I October 15 I 2008 9: 10 PM
To: weeks_d
Cc: StrainMark
Subject: Moraya Bay Beach Club
TO: Collier County Planning Commissioners
c/o David Weeks
Dear Mr. Weeks,
Could you please make this e-mail available to ALL of the Collier
County Planning Commissioners regarding the above subject to be
discussed at tomorrow's(10-16-08) Planning Commission meeting.
On behalf of the Naples Park Area Associaton, we are supporting the
Vanderbilt Beach residents in their opposition to the conditional use
permit of the Moraya Bay Beach Club.
The canonization effect of the building is overwhelming and hidious
looking and overpowering for the area. The population in the area is
maxed out with not enough places to park.
We are approaching season and of course, on holidays and weekend,
trying to get to Vanderbilt Beach traffic is in gridlock lined-up with
autos idling away with pollutant gas fumes and cars parking everywhere
and anywhere. Adding more density and traffic for these MBCC condo
owners and outside members presents greater problems for surrounding
communities trying to access Vanderbilt 8each and Delnor-Wiggins Pass
Park. With only 75 parking spaces and 4 handicapped parking spots at
Connor's Park,plus taking away the approximate 10 public parking spaces
next to the Moray Bay Beach Club, pray tell where are the beachgoers
going to park????
We are requesting that the Planning Commissioners deny the conditional
use permit of the 8each CLub.
Thanking you for your considerations.
Respectfully yours,
Barbara A. 8ateman
NPAA Civic Committee
Agenda IteJfA~.17~2
December 1'll;~Oo'ff
Page 141 of 177
DeselemKay
From: SchmitlJoseph
Sent: Monday, May 07, 2007 8:29 PM
To: bellows_r; DeselemKay; murray-s
Subject: FW: Moyra Bay Private Beach Club
FYI - for the Moraya petition file
1-
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
---.---..-...-..----.-..---------.......'.-..--..--..-.'-""---'--"-'-~-
From: HalasFrank
Sent: Monday, May 07,20074:28 PM
To: mudd.J
ee: SchmlttJoseph; LeaSandra
Subject: FW: Moyra Bay Private Beach Club
FYI
From: alexob1@comcast.net [mailto:alexob1@comcast.net]
Sent: Monday, May 07,20072:15 PM
To: HalasFrank
Subject: Moyra Bay Private Beach Club
Commissioner Halas,
I live at 21 Bluebill Ave on Baker-Carroll point and I am sending you this to voice my opinion on the Moyra
Bay Beach Tower condominium at the former Vanderbilt Inn site. I attended an "information" session held by
PMS, Inc. a project management services for V.I. Partners Ltd., the builders of the Dunes, this condo, and 5
more buildings not started as yet. The session was very "uninformative" as it turned out. Basic+ly what V.I.
Partners would like to do is to make their condo property into a PRlV A TE beach club for "off-site" residents.
When questioned about how many members it would have, they didn't know; when asked who would it be for,
they didn't know; when they were asked about the nwnber of people that could be on the PRlV ATE beach that
they knew - they could set up 350 lounge chairs across the property. They did specify that the beach will be
PRlV A TE & other people attending the beach can go closer to the water past their property. Even when the
Vanderbilt Inn was there I don't think that 350 people were there. This will make it like the Floridian Club
(private) that the Dunes has farther south on Vanderbilt Beach, not much room for other bathers after they set
out the lounges.
In order to accomplish this PRlV A TE beach club for its off site members they have requested for the following:
- Conditional Use Permit
- Flood Damage Prevention Variance
- Setback Variance
They do not have the amount of property to complete the PRlV A TE part of the beach club for off site residents,
5/9/2007
Agenda It'1!l1.iIJp')7,Q- 2
December ~~2Dog-
. only for the residents of the condo itself. The proposed facility would have many things for thefPm\llAltPf 177
beach club members, with 4 bathrooms for public use. The four restrooms for public use will be on ground level
. where they could be affected by weather conditions & since Collier will be responsible for cleaning &
maintenance of the bathrooms it could prove to be a problem. There restrooms will be located at a higher
elevation for better stonn protection.
They would also build a "drop off site" for their bus and others to drop off beach goers. There is a terrific traffic
problem already in this area. The people going to Wiggins State Park have the area all tied up going into the
park, sometimes it is backed up over the bridge. The addition of the turn around would only add more traffic
and become a safety hazard if the emergency vehicles have to get to Baker-Carroll Point in an emergency.
I was very surprised that the Collier Cty. Parks & Recreation placed it's name on this proposal. The only
benefit Collier will get are 4 "free" bathrooms while the developer will get a COMPLETE PRIVATE beach
club which they could charge their "off site" members for. A selling feature for their condos they are
developing.
Collier has beach access, people can come enjoy the beach as they have in the past without the unnecessary
development along the beach. The condo will be a nice addition, the beach club that has to be "squeezed" onto
the property will not only make it look unsightly but will tax the beach leaving only a small portion of the
beach for "other" beachgoers.
I have been a resident in this area since 1998 & have seen many changes, some great others questionable. This
is another way for the "developers" to take a good idea, Moyra Bay condo & turn it into a problem (private
beach club) that all of the residents that LIVE IN THE AREA will have to endure for a lifetime.
If they do not get all the requested items it will be an addition to the area, if they get what they requested in will
a blight on the area.
Look closely and you will see this is not a win win for everybody, it is a win for the developer (getting
something they couldn't get nonnally) and a lose for all the residents. The developer will be gone and we will
live with a crowded beach & a stress on the environment in that area.
Please share this with the other Commissioners and see what it is, manipulation by the developer to get
something they didn't think of in the original proposal and want to fast track it through at what expense to
Collier.
Alexander OBrien
21 Bluebill Ave. # 201
Naples, FL 34108
alexob l@comcast.net
5/9/2007
Agenda Item No. 7C
December 16, 2008
Page 143 of 177
From: Jflan241@aol.com
Sent: Friday, May 09, 2008 10:52 AM
To: DeselemKay; fiala_d; HalasFrank; herming_t; CoyleFred; ColettaJim
Subject: Re: Moraya Bay Beach CD 2006-AR-l1046
Kay Deselem, Zoning and Land Development Review Department
I have reviewed the plan and limited info you sent me on the Moraya Bay proposal and amendment to
the development for an accessory use of a private beach club as advertised for public notice per the sign
in front of the project.
Please add my public comment for the record that I object to the plan and private beach club being
proposed at Bluebill Ave and Vanderbilt Road and the plan proposed for a turnaround by the County at
that location.
1. Loss of parking spaces means loss of public beach access and shouldn't be allowed. Loss of public
access to the beach is unacceptable, and public access to the beach must be defined as right-of-way
plus sufficient parking plus sanitary facilities, not just a walkway from a roadway to the beach. Such
should be amended for all future negotiations to redefine what public beach access means. By
introducing the turn-around, all spaces currently existing are lost, with no indication of replacement
anywhere.
2. Public bath facilities do not indicate setbacks from the property line, and this plan would apparently fail
on the basic building code and setbacks as a result, suggesting this is a failed plan doomed from the
start. Has planning board addressed this issue in its review? Are variances being applied for to attain
this? If so, I think such will set a poor precedent, and should not be allowed.
a. Were not public facilities provided within the developers property in the original concept and now a
private beach club by its proposal is intending and/or implying without stating and/or attempting to limit
and/or to preclude public facilities on the property and/or saddle the County with the
design/construction/and implementation of some public facilities outside its enclosed property?
b. As an alternative solution to losing parking and providing proper and better facilities, cannot the
county coordinate with the state to provide public facilities adjacent to the entrance to serve both the
county and the state facility which could provide a better access, eliminate loss of parking spaces
c. Does not the Bluebill Ave right-of-way extend straight and all the way to the water? Is not the
easement granted by the developer within the right-of-way of Bluebill Ave? Seems to me the same rules
would apply as the Vanderbilt Beach Road end, as far as access and easement to the water.
d. Why cant the entrance drive to Delanor Wiggins State Park (Bluebill Ave) be realigned to
relocate/save the existing number of parking spaces, possibly located opposite of where they exist now?
Commissioner Coletta recently made a public statement that the beaches should accessible for all
county residents. This plan proposed appears to eliminate approximately 18-20 spaces that provide close
access, with no replacement or improvement for parking. It appears to me that a cooperative venture
between the County and the State, together with the contributions from the developer in easement
and financial contribution could make improvements and public facilities at the Bluebill Ave Access to
Vanderbilt Beach/Delanor Wiggins State Park a win-win for all, and mostly for the County residents. This
should be pursued for the benefit of all Collier citizens, and in partnership with the State, with the
Governor's encouragement and assistance if necessary to bring along such partnership for the benefit of
the people.
Please forward my comments and concerns to the Planning Commissioners and all other parties having
jurisdiction over this proposal.
Respectfully,
W. James Flanagan III
280 22nd Ave NE
Naples, FL 34120,2329
239,352-6352 (Office)
Agenda Item No. 7C
December 16, 2008
Page 144 of 177
781-254-8910 (Cell)
239-352-0509 (Fax)
Jflan241@aol.com (EMail Direct)
In a message dated 4/29/2008 4:15:08 P.M. Eastern Standard Time, KayDeselem@colliergov.netwrltes:
here is some information as you requested.
Kay Deselem, AICP
Zoning & Lond Development Review Department
Community Development & Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239.252.2931
Fax: 239.252.6357
Wondering what's for Dinner Tonight? Get new twists 011 family favOlites at AOL Food.
Agenda Item No. 7C
December 16, 2008
Page 145 of 177
::~ }
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April 01, 2009
APr.
. IT j 6 '0"
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"0,~.' '
Kay Deselem, Principal Planner
Collier County Government
2800 North Horseshow Drive
Naples, FL 34104
Dear Ms. Deselem:
I received a letter today notifying me of a public hearing to be held on April 17 regarding
a petition by the Moraya Bay Beach Club. I am unable to attend the hearing in person.
Please note that I am VEHEMENTLY OPPOSED to granting this request. The structure
that is being erected there is enormously out of character with the existing neighborhood.
It already looms as a monstrous blemish on Vanderbilt Beach. Why should they be
allowed to compound this by infringing on the public right-of-way?
PLEASE, I beg you, do not cede any more property to them! They have taken the sight
lines away from many, many residents. Thankfully, I am not personally affected by this,
but I have great empathy for the impact the structure has had on my neighbors. Public
restrooms on the right-of-way? NEVER. If they need them, they should put them on
their own site. And what do they mean by public? Does that mean anyone can use them?
Probably not-{mly those that have paid the dues (or whatever) to enter their private
beach club will be allowed to use these "public" restrooms.
A vote to allow this petition will not serve the public, but only further line the pockets of
developers who clearly have been running Naples government for much too long.
Thank you for carefully considering my input in this matter.
~.incerel} .
J
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Iowa City, IA 52246
And
3 Bluebill Avenue, #703
Naples, FL 34108
"
Agenda Item No. 7C
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Agenda Item No. 7C
December 16, 2008
Page 147 of 177
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Agenda Item No. 7C
December 16, 2008
Page 148 of 177
AP ARTMENT 203, VANDERBILT GULFSIDE 2
10851 GULF SHORE DRIVE, NAPLES, FLORIDA 34108
Ms Kay Deselem AICP
Principal Planner
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples Florida 341 08
24 April 2007-04-24
Dear Ms Deslem,
Proposal by V.I. Partners Ltd and Collier County Parkes and Recreation to
make an application for Conditional Use Permit, Flood Damage Prevention and
Setback Variance for a 5.14 Acre parcel located on the SW corner of Gulf Shore
Drive and Bluebill Avenue at 11125 Gulf Sbore Drive.
We attended the public meeting on 23 April 2007 with regard to the above
application and wish to register our opposition to the abovc application for the
following reasons:
I. The proposed use of the parcel (for a private club and 6 public toilets) will cause
even greatcr traffic congestion at this location than exists already. It is already
extermely difficult for local residents to access their property in season and the
private club house and public toilets will only make this worse.
2. The presence of a club house at this location will severely restrict the public use of
the beach,
3. By granting the application for a set back variance of approximately 25 feet the
Collier County Community Development Services will be setting a precedent for all
developers in the County who apply to locate private clubs or other buildings on the
propel1ies that have been approved for condominium use only.
We also wish to protest the arrangement that V.I. Partners have with the County
Commission for a "Fast Track" hearing of this application. This would severely
restrict the opportunity for residents to voice their opinions at the hearing as many
will be away from their residences during the summer and early fall. We request that
the hearing be defered until late fall ( late November /early December)
Yours truly
;;'4. ~"'<-~'-'-7/'"
Jack Poznansky(;nd Dulcie Poznansky
~LG~ Pr ~~'~
RECEIVED
APR 2 7 2007
ZONING DEPARTMENT
RECEIVED
JUN 2 7 2008
Agenda Item No. 7C
December 16, 2008
Page 149 of 177
Ms. Kay Deselem
Principal Planner
Collier County Government
Department of Zoning and Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 23104
WNING DEPART';1EN'
Dear Ms. Deselem,
1 am the owner of a condominium in Vanderbilt Gulfside Phase I adjacent to the
new Moraya Bay Beach development. In response to your June 13th, 2008 letter, 1 would
like to offer my objection to the establishment of a private club in the Moraya Bay Beach
building.
Since the developers of the project are the same or are associated with the Dunes
project, it is obvious that the private club is an effort to provide special beach access for
the Dunes residents. In comparison to the Dunes owners, 1 paid a premium for my beach
front property and the relatively uncrowded beach usage. I resent the private privilege
that Moraya Beach is trying to provide for their Dunes owners who are essentially part of
the general public and have access to the Delnoir Wiggins park as any other resident of
the area.
What concerns me more is the obvious lack of parking facilities that the Moraya
Beach project will have for the members of the club. The property has parking only for
its own owners, and it is obvious that club members who are not residents will be parking
on the street or overloading the park spaces that should be available for the general public
who are using the park beach.
I think that the original zoning provision excluding this type of usage in a
Residential area, especially with a public park immediately adjacent, is a provision that
should be upheld. I hope that the conditional use will be denied.
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Agenda Item No. 7C
December 16, 2008
Page 152 of 177
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE FOR A PRIVATE
CLUB IN A RESIDENTIAL TOURIST ZONING DISTRICT WITH
A VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY
(RT-VBRTO) PURSUANT TO SUBSECTIONS 2.03.02.E.l.c.5 AND
2.03.07.L.5.c.v. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY DESCRIBED HEREIN
LOCATED IN SECTION 29, TOWNSHIP 48 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. 2004-41), as amended, 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 Board of Zoning Appeals (Board), 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 a Conditional Use
for a private club in a Residential Tourist Zoning District with a VanderbiIt Beach Residential
Tourist Overlay (RT-VBRTO) as specified in Subsections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of
the Collier County Land Development Code, on property hereinafter described in Exhibit "B,"
and the Collier County Planning Commission 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 lO.08.00.D. of the Land
Development Code; and
CU-2006-AR,lI046\Moraya Bay Beach Club Page 1 of3
Revised 9/05/08
Agenda Item No. 7C
December 16, 2008
Page 153 of 177
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:
The petition filed by Richard Yovanovich, of Goodlette, Coleman and Johnson,
representing VI Ltd., Limited Partnership with respect to the property hereinafter described in
Exhibit "B," attached hereto and incorporated by reference herein, be and the same is hereby
approved for a Conditional Use for a private club in a Residential Tourist Zoning District with a
Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) Zoning District as specified in
Subsections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of the Collier County Land Development Code
in accordance with the Site Plan (Exhibit "C") and subject to the conditions contained in Exhibit
"D," attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote this
day of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
TOM HENNING, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency:
@
Heidi Ashton-Cicko
Assistant County Attorney
Exhibits (attached)
CU-2006-AR-I 1046\Moraya Bay Beach Club Page 2 of 3
Revised 9/05/08
Agenda Item No. 7C
December 16, 2008
Page 154 of 177
Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Site Plan
Exhibit D: Conditions of Approval
CU,2006-AR-II046\Moraya Bay Beach Club Page 3 of3
Revised 9/05/08
Agenda Item No. 7C
December 16, 2008
Page 155 of 177
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDnnONALUSE PETnnON
FOR
.
CU-2006-AR 11046
The following facts are found:
1. Sections 2.03.02.E.1.c.S and 2.03.07.L.S.c.v. of the Land Development Code
authoriZed the conditional use.
2. Clnmting 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 v
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 V
C. Affects neighboring properties in relation to noise, glare, economic 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 No~
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: /.t7-/t- 0-"
h".6',p,?,l!/-", A' --r-'
€f!AIR:I.l:AN: /"'l,. ~
EXHIBIT A
.
Agenda Item No. 7C
December 16, 2008
Page 156 of 177
,
.
.
.
/""
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2006-AR 11046
The foIlowing facts are found:
I. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. 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 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 structw-es thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case ciffire 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
.-.i.... Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes_ No'i.-
Based on the above findings, this conditional use should, with stip ations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:~
CIf}.dR} {A l\J.
EXHIBIT A.tW;4~
r
"
.
--.
.
Agenda Item No. 7C
December 16, 2008
Page 157 of 177
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR 11046
The following facts are found:
1. Sections 2.03.02.E.1.c.5 imd 2.03,07.L.5.c.v. 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 other property or uses in the same district or neighborhood because
of:
A.
Consistency withte Land Development Code and Growth Management Plan:
Yes-Y- 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.J.... No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effits:
--V- 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
yesJ- No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: /()/;~ loe
, ,
~H'I:fiA.u-. 9-1-k1)- ,
EXHIBIT A
.
.
Agenda Item No. 7C
December 16, 2008
Page 158 of 177
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR 11046
The following facts are fOWld:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. 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 other property or uses in the same district or neighborhood because
of:
A.
Consistency with the Land Development Code and Growth Management Plan:
Yes-A .
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 & yess
Yes~No_
C, Affects neighboring properties in relation to noise, glare, economic 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~o_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:~
M6fY1~#(L
C1l ^ dR!vfJl('H,
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
Agenda Item No. 7C
December 16_
p"," '" ....
.
CU-2006-AR 11046
The following facts are found: .
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authoriZed the conditional use.
2, Gmnting 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:
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
in ". -,,, - .K~t/i1t 7/' V~~
~
A.
Consistency wi~ Land Development Code and Growth Management Plan:
YesL 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 j/egress
YesL No_
A:Z:fticts ne' boring properties in relation to noise, glare, economic or odor
effects:
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
.
C.
D.
Compatibility with adjacent properties and other property in the district:
Compatible use r district
VeL No_
DATE: /,1 -/.1-0 r--
.
EXHIBIT A
Agenda Item No. 7C
December 16, 2008
Page 160 of 177
.
-.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR 11046
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. GTanting 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
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic 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
YesL No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
=:;:.:~". Wili<B.~.f~= ~ A" d ~
EXHIBIT A ~
Agenda Item No. 7C
December 16, 2008
Page 161 of 177
.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR 11046
The following facts are found:
1. Sections 2.03.02.E.l.c.S imd 2.03.07.L.S.c.v. 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 other property or uses in the same district or neighborhood because
of:
A.
Consistency with the Land Derment Code and Growth Management Plan:
Yes _ No.....tL
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 ~ss
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affr~_ Affect mitigated by
ZMIe~t Cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district ~
Yes No V
.
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
_""_"""''''''BO''''Of_~ ~
DATE: 10 - /{; -- Or ~
EXHIBIT A
,
.
.
.
Agenda Item No. 7C
December 16, 2008
Page 162 of 177
FlNDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR 11046
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. of the Land Developme.nt 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 !
~ &!1J112.c..... OF 1':u~/..x,;., Ct!.JtEJYi.G
C. Affects neighboring properties in relation to~glare, economic or odor
effects:
_ No afj6ct or ~ Affect mitigated by
..JL Affect cannot be mitigated :rvo.c/o.'s'-'raJ r U/l1I-I T7-U;;
Re;. Pcf..'T1ItL
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes'
.j COM.M8!.<:'.I~""l-''''''1 A 14?.Dt::"-'rU4l.... u.."'E
No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 10/
I
CHAIRMAN: ;...}h7rt?-, '-;e~uL C~
EXHIBIT A
Agenda Item No. 7C
December 16, 2008
Page 163 of 177
LEGAL DESClUl'TlON
("SCHEDULE A" CHICAGo' nTLE INSURANCE COMPANY. COMIllTMENT No,
240408575, DATED 11/08/04.) .
LOT 6, AND THE NORTH 100,00 FEET OF LOT 5. BLOCK A. BAKER CARROLl.
POINT, UNIT NO, 2 AS RECORDED IN PLAT BOOK 8, PAGE 82, Of' THE PUBUC .
RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARllCULARL Y DESCRIBED
AS FOLLOWS: '
BEGINNING AT THE NORTHEAST CORNER Of' SAID LOT 8, RUN SOUTH 14'49'29"
EAST 362,09 FEET ALONO THE WEST RIGHT Of' WAY UNE OF GULF SHORE
DRIVE THENCE NORTH 89'52'20" WEST 580 FEET MORE.OR LESS, TO THE MEAN
HIGH WAlER LINE OF THE GULF OF MEXICO; THENCE .NORTHER\. Y 400 FEET. .-
MORE OR LESS. ALONG SAID MEAN HIGH WATER UNE TO THE NORTH, LINE OF
SECTION 29 TOWNSHIP 48 SOUTH. RANGE 25 EAST. THENCE SOUTH 89"52'20' .
EAST, 3&5 FEET. MORE OR LESS, ALONG sAIb SECllON UNE TO THE WEST .
RICHT OF WAY LINE OF STAlE ROAD S-846. lIiENCE SOUl!-1 14'49'20" E, 41,40.
FEET ALONG SAID WEST RIGHT OF WAY LINE, THENCE SOU1H 89'52'20' EAST.
217.29 FEET ALONG THE SOUiN RIGHT OF WAY LINE OF SAn) STAlE ROAD TO
THE POINT OF BEGINNING. -
PER "EXHIBIT B, SECTIQN 2", CHICAGO 'l1TLE IIISURANct COMPANY,
COMMITMENT. No. 240408575. DATED 1'/08/04" THE PROPERTY SURVEYED
HEREON IS SUBJECT TO THE FOLLOWING MA ~TERS OF RECORD:"
['#1 INDICATES EXCEPTION NUMBER
['5J MATTERS SHOWN ON THE PLAT OF BAKER-CARROLL POINT UNIT NO, 2, A
SUBDIVlSlON RECORDED IN PLAT 800K 6,. PAGE 62, PIJBUC RECORDS OF
COLLIER COUNTY. FLoRIDA. (DEPICTED HEREOJoi~. . . ,
['6J LICENSE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 1724. PAGE.
14, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PlOT)
['7] LICENSE AGREEMENT RECORI?EO IN OFRClAL RECORDS BOOK 1724. PACE
21. PUBLIC R~COROS OF COLLIER COUNTY, FLORIDA. (N~:r POSSIBLE TO PLOT)
['8J LICENSE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOI< 1724, PAGE
28. PUBLIC RECORDS OF COLLIER CO~NTY. FLORIDA. (NOT POSSIBLE TO PLOT)
['9J TEMPORARY BEACH R.ESTORATION EASEMENT GRAJoITEO TO COLLIER
COUNTY BY INSTRUMENT RECORDED IN OFFlClAL RECORDS BOOI< 2089. PAGE
1560, PUBLIC RECORDS, OF COLLIER COUNTY, FLORIDA: (NOT POSSIBLE TO
PLOT) .
['101 TEMPORARY BEACH RESTORATION EASEMENT GRANTED TO COLLIER
COUNTY BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 3634. PAGE
1560, PUBLIC RECORDS OF COLUER COUNTY, FLORIDA. (HOT POSSIBLE TO
PLOT)
['151 COASTAL CONSTRUCTION SETBAC1( LINE. CREATED'PURSUANT TO FLORIDA
STAfuTE 161.053, AS SHOWN IN COASTAL SETBACI< LINE BOOK 1. PAGES 1 .'
THROUGH 69. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (DEPlCTEO .
HEREON)
['16J LEASE BETWEEN VANDERBILT BEACH ASSOCIAllON, LTD. AND AMERIVEND'
CORPORA TlON DAlEO JANUARY 7, 1996 AS DISCLOSED BY iNA T MEMORANDUM
OF LEASE RECORDED IN OFFICIAL RECORDS BOOI< 2390, PAGE 3197. PUBLIC
RECORDS OF COLLIER COUN TY, FLORIDA. (NOT POSSIBLE TO PLOT) .
EXHIBIT B
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Agenda Item No. 7C
December 16, 2008
Page 165 of 177
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Exhibit C u.
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Page 2of2 ::l
(3 8
Agenda Item No. 7C
December 16, 2008
Page 166 of 177
Conditions of Approval
CU-2006-AR-l1046
1. "Moraya Bay Beach Tower (aka Vanderbilt Inn) Conceptual Site Plan," prepared by
VanasseDaylor, as revised through August 4, 2008. The site plan noted is conceptual in nature for
conditional use approval. The final design must be in compliance with all applicable federal, state,
and county laws and regulations.
2. The Conditional Use approval for a Private Club is limited to the pool and beach area, and a
maximum of 6,515 square feet of indoor area. In no case shall the club exceed a seating capacity of
250 sea1s combined inside and outside.
3. The Conditional Use is limited to the residents of the Moraya Bay Beach Tower and their
guests and non-resident members and their guests. Non-resident members and their guests shall not
exceed 250 people on site at anyone time. Events open to any segment of the public shall be
prohibited.
4. The Private Club outdoor hours shall be limited from 7:00 AM to one hour after sunset. The
Private Club indoor hours shall be limited from 7:00 AM to II :00 PM.
5. The Private Club entity shall provide shuttle service to this private club facility twice per
hour during all operating hours, except that the shuttle may run I hour before opening and I hour
after closing.
6. Use of the private clubby non-Moraya Bay Beach Club resident members shall be limited to
those persons who reside in either the Cocohatchee or the Dunes projects. All non-resident members
shall be shuttled to the facility. Arrival by private vehicle other than the shuttle is prohibited.
7. All employee parking spaces for the private club shall be provided on the Moraya Bay
property.
8. Outside amplified music shall not be emitted from the private club except for background
music--which is any music or sound played at the Moraya Bay property whose main function is to
create an atmosphere suitable to a specific occasion rather than to be listened to--unIess prior
approval is granted by the Moraya Bay Beach Tower property owner association.
9. Use of the public turn around on the proposed Bluebill Avenue extension by the private
club's shuttle service is prohibited. Shuttle service vehicles must use the Moraya Bay Beach
Tower's private entrance only.
10. The developer/management entity of the private club shall maintain shuttle monitoring to
ensure that private club users utilize the shuttle service only and the private club complies with the
250 person limit. Monitoring shall consist of, at a minimum, the shuttle driver and the club
manager/or designee both requiring all persons at the club to electronically check in and check out
of the private club. The monitoring information shall be made available to the county upon
demand.
11. The public shall be allowed on the private (owned by Moraya Bay Beach Tower entity)
beach area west of the dune restoration area.
Revised 10/27/08
EXHIBIT 0
.
Agenda Item No. 7C
December 16, 2008
Page 167 of 177
.,
My Architect, Inc. Resletratlon NumborAA,0003018
Van Auken Miller AlA Architect Registration Number AR-0009689
2335 Mont Claire Drive #202
Naples, Florida 34109-4321
Phone: (239) 254-9931
Fax: (239) 254-9932
August 8, 2005
Susan Murray, AICP, Director
Collier County Planning Services
2800 North Horseshoe Drive
Naples, Florida 34104
RE: Request for Building Height Waiver Determination
Vanderbilt Inn Site, Gulf Shore Drive North
Project Name: Beach Tower at Moraya Bay
Dear Ms. Murray,
As architect for the Vanderbilt Inn project, I am requesting a Building Height Waiver in
accordance with the Collier County Land Development Code Section (4.02.01-D-2) which
states:
"In instances where off- street parking is provided within the principal structure, the County
Manager or designee may waive the maximum height requirements to the extent necessary to
permit off- street parking within the principal structure, provided however: (1) the number of
off- street parking spaces required by this LDC for the use involved may not be reduced; (2) the
waiver in height shall not be greater than that necessary to provide for the off- street parking
within the principal structure, with a maximum of two parking levels; (3) the waiver of the
maximum height requirements are compatible with the uses on adjacent properties; and (4) for
each off- street parking space permitted within the principal structure for which the maximum
height waiver is granted, 300 square feet of additional open space beyond that which is
otherwise required by this LDC shall be provided."
In support of this application, I am submitting the following concept documents for your review:
1) Sheet A-1 "1st Level Garage I Site Plan"
2) Sheet A-2 "2nd Level Garage I Amenity Plan"
3) Sheet A-3 "3'" Level/ Living Level Plan"
4) Sheet A-4 "Open Space Diagram"
5) Sheet A-5 "Preliminary Rendering"
6) Sheet A-1 07 "Section Looking North (Revised)'
7) Letter and Open Space Diagram from Jay Westendorg / Vanesse Daylor the project's
Civil Engineering Firm.
8) Letter and Diagram from Brett Moore of Humiston & Moore Engineers, the project's
coastal construction consultant.
All these documents and exhibits are preliminary, and will be refined and re-submitted for formal
SDP application in the near future. Final numbers and tabulations may vary, but shall conform
with LDC requirements. However, in order to proceed with the proper design I need to know in
advance that a Building Height Waiver will be granted.
Agenda Item No. 7C
December 16, 2008
Page 168 of 177
Using the above quoted LOG code section, and the list of documents, I submit that our
proposed design qualifies for the Building Height Waiver as follows:
(1) "The number of off- street parking spaces required by this LOG for the use involved may
not be reduced." The number of parking spaces required by the LOG will be met, and
will not be reduced. The exhibit sheets A-1 and A-2 show 8 exterior parking spaces, 1 05
parking spaces at the grade level, and 47 parking spaces at the upper level of parking
for a total of 150 spaces. The minimum number of spaces required by the LOG is 2
parking spaces per dwelling unit" 72 units proposed = 144 parking spaces required.
Therefore we exceed the minimum number of spaces required by the LOG.
(2) The waiver in height shall not be greater than that necessary to provide for the off-
street parking within the principal structure, with a maximum of two parking levels. "
As indicated by Exhibits A-1, A-2, and A-7, there are only 2 levels of parking proposed.
The first level of parking is below flood elevation, and therefore is not counted within
building height per LOG height definitions. Flood Elevation at this beachfront location is
determined by two factors: A) FEMA minimum floor elevations and B) OEP 'Base Flood
Elevation" determination. The OEP requirement dictates a minimum elevation to the
underside of horizontal framing members for the structure. This elevation has been
determined as 19.25 NGVO (See exhibit letter from Brett Moore). Our second ievel of
parking will be elevated to meet this elevation requirement as indicated by Sheet A-7 of
the exhibits.
(3) The waiverofthe maximum height requirements are compatible with the uses on
adjacent properties." This project will be built on the north end of Gulf Shore Orive
North, just south of Wiggins Pass State Park. Buildings along this beachfront consist of
mid-rise and high-rise structures where within the RT zoning district. Many of these
existing structures contain parking within the building structure. The building immediately
to the south, 'Vanderbilt Gulfside' is 15 stories over parking and approximately 165' in
overall height. The 2 buildings directly across the street to the east "Vanderbilt Landings"
are 9 stories over parking and approximately 110' in total height. To the north is Wiggins
Pass State Park, where only recreational one-story structures occur within the wooded
landscape. We believe that our structure will be compatible with adjacent uses based on
the following considerations:
a. Our structure will be approximately 30' lower than the adjacent property to the
south, thus 'stepping down" the streetscape as it approaches the state park to
the north.
b. The appearance I design of our structure will be stucco and glass, similar to other
buildings along the waterfront.
c. The concealment of parking within the principal structure will minimize the impact
of parking and drives on the visual environment, thus allowing for maximum open
space on the site.
d. The proposed use is a condominium apartment building, which is compatible with
the surrounding uses which are all existing condominium buildings, and the state
park.
C~
.'-...~
(4) "For each off- street parking space permitted within the principal structure for which
the maximum height waiver is granted, 300 square feet of additional open space
beyond that which is otherwise required by this LOG shall be provided." The first level of
parking does not require a height waiver, as it is below the required flood elevation. The
second level of parking requires the height waiver, and therefore additional open space
is to be provided for each parking space located on the second parking level. As
indicated by the exhibit "A-4' and the letter and open space diagram prepared by our
civil engineering firm Vanesse Oaylor, we have an additional 14,219 SF of additional
-
Agenda Item No. 7C
December 16, 2008
open space over the minimum 60% open space required for the project. 14,210~~ of 177
47 spaces are therefore allowable on the 2nd level of parking, which is the level for which
the height waiver is being requested. 0Ne may refine this number upon final design and
application as we work to maximize the amount of open space on the site).
Based upon this statement and the exhibits submitted, I am respectfully requesting your
affirmative determination that the provisions for Building Height Waiver have been met, and that
we may proceed with our design utilizing this height determination in accordance with the
applicable provisions of the Land Development Code.
I recognize that this determination in no way constitutes Site Development Plan Approval, and
will proceed to assure that proper application for SDP is completed and all application and LDC
requirements are met.
Thanking you in advance for your prompt determination on this matter.
Sincerely,
Van A. Miller AlA
President, My Architect, Inc.
Agenda Item No. 7C
December 16, 2008
Page 170 of 177
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Agenda Item No. 7C
December 16. 2008
Page 176 of 177
Projec/80875.01
July 27, 2005
Vanasse 11II
Day/or
Mr. Richard Grant
Grant, Fridkin, Pearson, Athan & Crown, P A
5551 Ridgewood Dr., Suite 501
Naples, FL 34108
Urblfl Pbnninc
ludscapt Architenlre
RE: Vanderbilt Inn Condominium
(jyilEncinttrinc
Traffic Encineerinl
E..m...tlllal Scime
Dear Dick:
fLIll
1 have been asked by Van Miller to review the open space calculations that he prepared as part of
the SOP submittal set that was provided to Mr. Yovanovich's office on April 15, 2005. The
specific. items that Van asked me to address were 1) the discrepancy between his open space'
calculations and that shown on the civil site plans; and 2) to verify the numbers I calculations.
First, we have reviewed Van's plans against ours and found the following differences:
o We didn't count sidewalks on the site as part of open space.
o The existing dcck around the Tiki Bar / Kitchen area was not counted as open space
on our drawings.
o Van included courtyard I plaza areas on the second level of the building that are open
above, and we didn't count those on the civil plans since they were inside the overall
building envelope.
It is our understanding that these areas fall under the definitions of open space, by the Collier
LOC, and can be counted as such.
Secondly, we have re-allocated the areas mentioned above on the civil plans. An exhibit showing
that summary is attached. The actual amount of open space computed is larger than Van's
calculation, as shown.
If you should have any questions, feel free to contact this office.
Sincerely,
Vanasse & Daylor, LLP
c: Gerald Griffin, Dick Corace, Don Corace, Duncan Farnsworth, Signature Communities
Van Miller
12730 New Brittany Boulevard, Suite 600, Fort Myer$, Florida 33907 T 239.437....601 f 239.437.4636 wvanday.com
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