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Agenda 10/28/2008 Item # 7A ,t.,genda Item ~Jo. 7 A October 28,2008 Page 1 of 79 EXECUTIVE SUMMARY CU-2008-AR-13201: VI Ltd, Limited Partnership and Collier County Parks and Recreation, represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., is requesting a Conditional Use in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) and the RMF-16 Zoning District, pursuant to Section 2.01.03.G.1.e of tbe Land Development Code (LDC) for an essential service to allow for government facilities (limited to public restroom facilities). The subject property is located at the west end of Bluebill Avenue right-of-way in Section 29, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) acting as the Board of Zoning Appeals (BZA) consider an application for a Conditional Use to permit a government facility (limited to public restroom facilities) 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. CONSIDER..<\ TlONS: The petitioners are proposing a Conditional Use pursuant to 2.01.03.G.l.e. of the LDC to allow for a government facility (limited to public restroom facilities) that will be constructed within the public right-of-way and partially within the Moraya Bay Beach Club property. That portion of the Beach Club property is to be transferred to Collier County in fee simple title (see details on page 4 of this Executive Summary). The subject site is currently zoned RMF-16 and Residential Tourist (R T) and is also within the Vanderbilt Beach Resort Tourist Overlay district (VBRTO). The Collier County Parks and Recreation Department is a co-applicant in this petition because the restroom facility will be constructed and managed under that County authority. Since a small triangular portion of the site is currently within the Moraya Bay property, that entity is also required to be a co-applicant as well. The restroom facility to serve this area has been evolving over time. A Conditional Use application was submitted on December 22, 2006, seeking approval of a private club in petition number CU-2006-AR-II 046 which will be heard at a later date. The restroom facility was going to be on the lower story of a new building that was to house the private club on the Moraya Bay property. That Conditional Use application was revised to move the private club into the residential building that is currently under construction (known as the Moraya Bay Beach Tower) rather than constructing any new buildings for the Plivate club. The Moraya Bay Beach Tower 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, Restroom Facilities, CU-2008-AR-13201 October 28. 2008 BCC hearing 1 of 5 Agenda Item No, 7 A October 28,2008 Page 2 of 79 2005, between the Board of County Commissioners, Van-Dev, Inc. and Vanderbilt Beach Assoc., Ltd. A copy of that agreement is included in the application package. The Moraya Bay Beach Tower replaces the former structure on site, the Vanderbilt Inn, which was demolished. The Moraya Bay Beach Tower is an II-story building over 2 levels of parking. The restroom facility will be constructed mostly within the county's right-of-way through an agreement between the Parks and Recreation Department and the Transportation Services Division. FISCAL IMPACT: The Conditional Use by and of itself, will have no fiscal impact on Collier County. Based upon the proposed public restroom use that this Conditional Use approval would allow, there should not be a negative fiscal impact on Collier County public facilities because the restroom facility will be a County Parks and Recreation Department facility. The County collects impact fees prior to the issuance of building permits to help offset the impacts of new development on public facilities however the proposed use should not have an impact on public facilities because the restroom is a public facility not new development. The restroom facilities cost was provided for at least in part by the settlement agreement noted above. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the cliteria 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 located within the Urban designated area (Urban - Mixed Use District, Urban Residential Subdistrict) as identified on the Countywide Future Land Use Map, and is within the Coastal High Hazard Area. This designation is intended to accommodate a variety of residential and non-residential uses, including essential services as defined in the LDC. Government Facilities are identified in the LDC as "conditional essential services" in most zoning districts, including the RMF-16 and R T zoning districts as well as the VBRTO on the subject site. The proposed use is consistent with the Future Land Use Element (FLUE) via FLUE Policy 5.5 which encourages: . . . the llse (?lland presently designatedfbr urban intensity uses befbre designating other areas for urban intensity uses. This :-;hall oewr by planningfor the expansion of County Olvned and operated public .f(lcilities and services to existing lands designatedfor urban intensity uses. . . , . ,.,....... Restroom Facililies, CU-2008-AR-13201 October 28, 2008 BCC hearing 2 of 5 A;:)enda Item I\!o, 7 A , October 28, 2008 Page 3 of 79 Capital Improvement Element (CIE): Policy 3.2 states: Within the coastal high hazard area, the calculated needs .for public facilities, as represented in the Schedule (~f Capital Improvements, )till be based on the County's adopted level of service standards and prr?jections (?lfi,tture growth allowed by the Future Land Use Element. In addition, CIE Policy 3.3 states: The County shall continue to support public access to beaches, shores and watenvays. The proposed public restroom facilities would be a complementary component of the existing beach access and the beach access granted in the Settlement Agreement mentioned previously, not a stand alone facility. Improvements on the existing beach access are listed in the Schedule of Capital Improvements of the ClE. Recreation and Open Space Element (ROSE): Objective 1.3 states: Continue to ensure that all public developed recreational.facilities, open ,space and beaches and public ).1'Clter bodies are accessible to the general public. ROSE Policy] .3.2 states: Collier County shall continue to ensure that access to beaches, shores and watenvays remains available to the public. . , . The restroom facility that is the subject of this Conditional Use application will be constructed on public land and therefore will be readily accessibk to the general public. ROSE Objective 1.6 states that: Whenever possible and practical, utilize County owned propertyfhr recreational uses. As previously noted, the majority of the restroom facility will be placed within County owned right-of-way. A portion of the structure will be located on Moraya Bay property. The petitioners have explained the need to place the structure over the property line to "minimize the encumbrance into the Bluebill Avenue right-of-way." Conservation and Coastal Management Element (CCME): Objective 10.2 states: The County shall continue to inSlire that access to beaches, shores and )vatervvoys remain available to the public and continue with its program to e.xpand the avai/abi/it.v (~fsuch access. . . . . The petition furthers the intent of this objective and is consistent with the goal implemented by Policies 10.2. I through 10.2.5. ~........" Restroom Facilities. CU-2008-AR..13201 October 28, 2008 BCC hearing 30f5 Aqenda Item No, 7A , October 28. 2008 Page 4 of 79 Based upon the above analysis, staff believes the proposed Essential Services use, limited to restroom facilities, and thus the Conditional Use petition to allow the use, is consistent with the OMP. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address Affordable-Workforce housing demand because the use is not anticipated to create any such demand. ENVIRONMENTAL ISSUES: Environmental Review: Environmental Services staff has reviewed the petition to address any environmental concerns. Because the site consists of disturbed lands or developed right-of-way, this project did not trigger any thresholds that would have required the submittal of an Environmental Impact Statement, thus this petition did not require review by the Environmental Advisory Council. Approval of this requested Conditional Use application is not anticipated to create any adverse environmental issues. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition CU-2008-AR-13201 on September 4,2008, and by a vote of 8 to 0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following condition: . The Conditional Use is limited to what is shown on the four-page conceptual site plan, identified as "Bluebill Avenue Beach Toilet Facilities," prepared by My Architect, Inc., as revised through 3/19/08, to allow for public facilities limited to public restroom facilities. 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. The cepc voiced a concern about the separate ownership of the two parcels by the county and the Moraya Bay Beach elub interest. The structure's proposed location across the property line was discussed at length at the eepc hearing. Staff advised the eepc that while there are variance procedures thru the Building Department to allow structures to cross a property line, the petitioner's agent indicated that the land will be transferred to the county. That issue was the subject of a cepc directive to the petitioner. As part of the motion to approve this petition, the CCPC stipulated the following: . Prior to the time this H'ent forward [sicj to the Board there vvould be an agreement drafted and presented that would estahlish how that piece (lproperzv that is in the RT zoning is to he handled. The petitioners' agent had advised staff that an agreement to transfer the land in fee simple title is pending. J'l,ccording to the petitioner's agent the agreement had been scheduled for the September 9,2008 Board hearing, but it was withdrawn. The petitioners' agent has assured staff that this agreement will be signed either at the same hearing or prior to the hearing for this Restroom Facilities, CU-2008-AR-13201 October 2R, 200R BCC hearing 4of5 ll,genda Item r'oJo, 7A October 28, 2008 Page 5 of 79 Conditional Use petition. If not, this Conditional Use petition will need to be continued at the Board level or the Board could approve the Conditional Use subject to a stipulation to require the transfer to occur prior to Site Development Plan approval. The CCPC approval recommendation was unanimous however letters of objection have been received; therefore this petition cannot be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a Conditional Use authorizing a public facilities use in the RMF-16 and Residential Tourist (R T) zoning districts within the Vanderbilt Beach Resort Overlay District. A Conditional Use is a use that is pernlitted 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 affinnative votes of the Board. The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. (HF AC) RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve petItIon CU-2008-AR-13201 subject to staffs and the CCPC conditions of approval as follows: 1. The Conditional Use is limited to what is shown on the four-page conceptual site plan, identified as "Bluebill Avenue Beach Toilet Facilities," prepared by My Architect, Inc., as revised through 3/19/08, to allow for public facilities limited to public restroom facilities. 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. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review ,..-. Restroom Facilities, CU-2008-AR-1320 1 October 28, 2008 BCC hearing 5 of 5 Item Number: Item Summary: Meeting Date: Page 1 of 2 Agenda Item NO.7 A October 28,2008 Page 6 of 79 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A This Item requires that all participants be sworn in and ex parte disclosure be provided by CommIssion members CU-2008-AR-13201' VI Ud, LImited Partnership and Collier County Parks and Recreation, represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovlch & Koester, P,A., is requestmg a Conditional Use in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) and the RMF -16 Zoning District. pursuant to Land Development Code Section 201.03.G.1e, to allow for public facilities (limited to public restroom facilities) that will be constructed within the publiC right-oj.way and partially within the Moraya Bay Beach Club property, The subject property IS located In Section 29, Township 48 South, Range 25 East, Collier County, FlOrida, (CTS) 10/28/2008 9:0000 AM Prepared By Kay Deselem, AICP Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 9122/2008 9:33:23 AM Approved By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 10/1/20088:17 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 101112008 11 :23 AM Appro\'ed By Heidi F, Ashton County Attorney Assistant County Attorney Date County Attorney Office 10/11200811:34 AM Approved By Norm E, Feder. AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 1011/20083:13 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin, 10/3/20083:13 PM Approved By Joseph K. Schmitt Communit):' Development & Community Deveiopm\inl & Date Envf:-onment3! Ser\":cc~ ..6,dminstrc:t8f Community Deveiopment & ftle://~:\AgenclaTest\F.xnort\ 115-0ctoher%202R.%20200R\07.%20ROARO%200F%2070.__ 10/22.000R Page 20f2 item f'~o, 7A OctJber 28. 2008 Page 7 of 79 ::nvrronrnental Services ::.nvironmEn~a! Services Admin. ~ 01i3,'2008 5:50 PM Approved By Susan Istenes. AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 10/1712008 1 :42 PM Approved By OMS Coordinator Applications Analyst Date A dministrative Services informztion Tecnnoiogy 10120/2008 12:11 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of r.'ianagement & Budget 10/20/20084:15 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County rlo~'Jna;ler's Office 10121/200812:58 PM file-!/(' '\A opnrl:1Tf'st\Fxnnrt\ 1 1 ~-nC'.tnhi."r% '1(PR %')0'100R\07 0/;' '10Rn A R n%?OnF%?07n 1 nrnonm: Agenda Item [\]0_ 7 A AGENDA: l1f.igw\ ~?~~ STAFF REPORT COLLIER COUNTY PLANNING CO:MMISSION FROM: DEP ARTh1ENT OF ZONING AND LAND DEVELOP:MENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: SEPTEMBER 4) 2008 SIJBJECT: PETITION CU-2QOS--AR-13201) MORA YA BAY BEACH RESTROOM FACILITIES (COMPANION TO CU-2006-AR-II046 and VA-2006-AR11064) 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 Y ovanovich & Koester) P.A. 4001 Tamiami Trail N., Suite 300 Naples) FL 34103 REQUESTED ACTION: To have the Collier County Planning Commission (Cepe) consider an application for a Conditional Use for an Essential Service. as provided in Section 2.01.03.G.1.e of the Collier County Land Development Code (LDC) to allow public facilities (limited to public restroom facilities) on a 0.05:1:: acre site zoned RMF-16 and Residential Tourist (RT) and within the Vanderbilt Beach Resort Tourist Overlay district (VBRTO). ..! GEOGRAPHIC LOCATION: The subject property is partially within the Moraya Bay Beach Tower property and partially within the right-of-way of Bluebill Avenue, near the southwestern comer of the Gulf Shore Drive and Bluebill Avenue intersection in Section 29. Township 48 South. Range 25 East" Collier County~ Florida. (See location map on the following page) CU-2008-AR-13201 Page 1 of9 S? t:- .., LOCA TION MA P {\Qenda item No 7A - October 28 2008 Page 9 of 79 t i , ZONING MAP ? E T j T J C N 1: CU-200R-AR-13201 .... "- \ \ I I I "tJ I III I a I I !!. I en . I ;::;: I ll> ~ I "tJ I Iii I ::l ~ I I . I I I ~ '// ..... ~ II ~ "" " l~ Q W ~ , Agenda Item NO.7 A ~ . October 28, 2008 Page 10 of 79 I ~[ ~ '" ~N I ~l f~~ r ~, ~ifiS: I ~I <:J '" g I .g ~ I" -I~ --0 a 12. ~ 1Il I a I ,3 f I~ ~ I &: -8 i' r ~ ~ , I ~ I , I f !? ? ~ j ! ! I I J jl:i ~ i~ i~ ~ rr: .:; I'" I f I 1 I I J ~l>[;?> Bluebill Avenue Beach ToHet Facilities Col~.... County Parks ond R~reBtlon Naples. Flonda 34109 My Architect, Inc. FIond. Reglstra110n No, AAOOOS01 6 VanAulwn MiiGrAIAAr<:hhecl F!orida Rag1stTallon No. A.",OOOB6S9 ~335 Mont Clalre Ori'lll #202 Naplel;. Florida :l411194S21 Phon.: (239) 254.3931 Fax: ~239) 2S4-9932 E-Mail: vanmlll<lr@com=.not <:> ~ ~ i It oll' x 1 ! CU.200&.AR.13201 REV; 2 MORAY ABA Y I'UBl..IC FAClLITlES ProjO<:t: 2008040015 DIlle:817/2/08 L.,::erda item t~o, TA. ~. ()ctDber 20,]8 11 Jf 79 --------- ~ \ ~ ,,. I I.... I I b'J l: Ion ~' 0- ~ 0 ~~ ... "0 "l':I In r; <Ii ::l :::.. ! i i J ~ .... ~ 11 .... I~ I ~ "tI 5" 0 ... 0 11 iii W' " . """ .- ~~ ..- ?"..e'" Ii -1 ~, m I ~ m ;::0 0 ;::0 00 }>- r 0 0 en z -< )> 1:::0 ~ ~ I ~\'i: ;>> ::;'"j JJ ., j '!' S I i -~~ j 17:..e" ~'~I)" 7.1....{r' c'''''' .j< My ArchItect, lnc. Florida Reglslra110n No, AAOO03016 Van Au\:en Miller AlAArdlll.ct F!or,da Reglstrst!or\ No, AROOQ96.99 23,$ Mont Claire Olive #202 Naples, Florida ,4109.4321 Phone: (23'3) 254.~tr31 F~~: (239) 2:>44932 E.M<:iU: v-3nmllJGf@oornc:asUlet Bluebill Avenue Beach Toilet Facilities Collier Counll' P8,kl; and Recrs8tlon Nnrf,;!~. 1=IQrlda ~1.og: '-'-'-10)' FINIS}! A..OOR al --'-in3NGIIO--- ,___ ,_ ,_ ,_UIlPIWJlli1.QE.,_ STRUCTURE FeMA ROD Et.EV. .... 15.33 .avo q~~Ef.T.l!t..tQ.~~ . 5,33 NGVO I I ) I I 1 (I I 1 I , ~___L!_____LL---LL,_ L_....l_I_._ .___ __Ii;Jil(I\!.C'LPlT-" ,_ I.. ---- l 1.0NGVD ~------------------------ North Elevation 1/8" = 1'-0" PEAK or: ELEVATOR ROOF -'--'~~~ ._._._,_ __.~ .~19~ql~ QE~~ TIE: BCAM EI.EVATiON . '~_WN-cWD-'-'-'- - ANlSH rLOQR II.- NGVO ~~~!o~~~>!-RE- - "avo .Q EATBLDGeS.3'3NGVD I I I I I I .-.r-----.- 2 EI.EVATOR PIT", 1".0 NGVD I '-'---'- ------ East Elevation 1/8" = 1'~O" Agenda Item No 7 A October 28 2008 Page 12 of 79 '.f! ill g~~M:; ~ - Qi!~iI'~-1 -"~~d~!~ a5 ~~~Q~~~ ~ lljJ!~!J~~ <..) lfii!"h~1 ~ cl'~l~n~'It ~Pj~:I! ~ ~ C,) (Il ell U> ~ c:J 1; cl'!l ~ :; ~~ <:: ~~~ ~ LL~", <olt! =: ~8~ -gi-,i .2 8 c:J j 03.3 .... ._~~~.~ ._,_._._.-(~~~~~~~!iO;Qt: -I ~~I --,,-"-------r FiNISH FLOOR; 18,33 NGVO I UNDE.RSIDE OF STRUCTURE FEMARob'ElEv. ~ ~'5."33NGVD GRAOEATeWG; 5,3, NGVD I I I I I I I I I _1_1_ _---L--1. _l_ ---L-J_ _ __ ___'_ _L--L,.- L________________________ 3 ELEVATOR PIT I GRADE SEM~S; fOiiNGVD - .- I I ,-1_1__' South Elevation 1/8" = 1'-0" -.- --'-. .~.~~.-;~--=-;-I , MI~PO'NT or ROOF ~ --;::-!--4:- 1 --- ~_-~~'f'_- - rm --"-e'~.,.~~~-;t it I! Ur-IDE:RS!DE or STRUCTURE . ~ -~ .JSEMARQDE@i-,;;5.3':iNGVD-.J----"I> .~ "I -+ GRADE AT SLOG 0 .33 NGVD . , , .---- , ELEVATOR PrT I GRADE BEAMs="1:00NGVD -. 4 West Elevation 1JS" 1'-0" f1.:;enda Herr; No 7,t... - October 28 20()8 Page 13 of 79 USn; 1h c: g"'U,,_ ~ -O'hO"li~Ni '5~~~~~l\l[~ a> ~~~~~~;t ~ ~ :S~i"'sl\l&"~f .c;;:;~-o~~"'~ u 11.i"~Ii:i:l'lc ~ &~~~t~l ~ ~"'ec"':!A. 'I ~ ~~~~ ~ 0: 0: ~ ~ ~ Q) '" j CO Q) '~ = ~ Q) :.:: "C v -. ~_ t: f') -' 0 <<l m ~ LLro ~ i > ~u... ::: :9i ]' ~ :5 '5~~ a' F. .2 8 1Il & 03.4 Agenda Item No.7 A October 28, 2008 Page 14 of 79 PURPOSEIDESCRIPTION OF PROJECT: The petitioners are seeking Conditional Use approval in the RMF-16 and Residential Tourist (RT) and within the Vanderbilt Beach Resort Tourist Overlay district {VBRTO).Zoning Districtst to allow for public facilities (limited to public restroom facilities) that will be constructed within the public right-of-way and partially within the Moraya Bay Beach CLub property in compliance with Land Development Code Section 2.01.03.G.l.e. The Collier County Parks and Recreation Department is a co-applicant in this petition because the restroom facility .will be constructed and managed under that County authority. Since a small triangular portion of the site is within the Moraya Bay property, that entity has joined in the application as well. The restroom facility to serve this area has been evolving. A Conditional Use application was submitted on December 22, 2006, seeking approval of a private club in petition number CU. 2006-AR-I1046 which will be heard with this petition. The restroom facility was going to be on the lower story of a new building that was to house the private club on the Moraya Bay property. That Conditional Use application was revised to move the private club into the residential building that is currently under construction (kno'Wn as the Moraya Bay Beach Tower) rather than constructing any new buildings for the private club. The Moraya Bay Beach Tower 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 l4t 2005 between the Board of County Commissioners, Van-Dev, Inc. and Vanderbilt Beach Assoc., Ltd. A copy of that agreement is included in the application package. The Moraya Bay Beach Tower replaces the fonner structure on site. the Vanderbilt 1rm, which was demolished. The Moraya Bay Beach Tower is an II-story building over 2 levels of parking. The restroom facility will be constructed mostly within the Cowlty's right-of-way through an agreement between the Parks and Recreation Department and the Transportation Services Division. SUBJECT PROPERTY (Location is approximate) GU-2008-AR-13201 Page 2 of 9 L\genda I terTi r~o. 7A October 28, 2008 Page i 5 of 79 SURROUNDING LAND USE & ZONING: South: Delnor- Wiggins Pass State Park, zoned CON~ST Bluebill Avenue right-of-way, then Gulf Shore Drive, then Vanderbilt Landings, developed high rise residential structures, with a zoning designation of RMF -16 Moraya Bay Beach Club, \vith a condominium structure under construction; then Vanderbilt Gulfside Condominiums, developed high rise residential structures, with a zoning designation ofRMF-16 Bluebill Avenue right-of-way and portions of Moraya Bay Beach Club, then the Gulf of Mexico North: East: 'Vest: 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 CountYVI/ide Future Land Use Map, and is within the Coastal High Hazard Area. This designation is intended to accommodate a variety of residential and non-residential uses, including essential services as defined in the LDC. Government Facilities are identified in the LDC as "conditional essential services" in most zoning districts, including the RMF-16 and RT zoning districts as well as the VBRTO on the subject site. The proposed use is consistent 'With the Future Land Use Element (FLUE) via FLUE Policy 5.5 which encourages: , . . the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the eJ-pansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses. . . . . Capital. Improvement Element (eIE) Policy 3.2 states: TYithin the coastal high hazard area, the calculaied needs for public facilities, as rep,'esented in the Schedule of Capital Improvements, will be based on the County's adopted level of service standards and projections of future growth allovFed by the Future Land Use Element. In addition, CIE Policy 3.3 states: The County shall continue to support public access to beaches, shores and waterways. The proposed public restroom facilities ,,,auld be a complementary component of the existing beach access and the beach access granted in the Settlement Agreement mentioned previously, not a stand alone facility. Improvements on the existing beach access are listed in the Schedule of Capital Improvements of the CIE. Recreation and Open Space Element (ROSE) Objective 1.3 states: Continue to ensure that all public developed recreational facilities, open space and beaches and public water bodies are accessible to the general pubiic. CU-2008-AR-13201 Page 3of9 Agenda Item NO.7 A October 28, 2008 Page 16 of 79 ROSE Policy 1.3.2 states: Collier County shall continue to ensure that access to beaches, shores and waterways remains available to the public. . . . The restroom facility that is the subject of this Conditional Use application will be constructed on public land and therefore will be readily accessible to the general public. ROSE Objective 1.6 states that: Whenever possible and practical, utilize County owned property for recreational uses. As previously noted, the majority of the restroom facility will be placed within County owned right-of-way. A portion of the structure will be located on Moraya Bay property. The petitioners have explained the need to place the structure over the property line to ~minimize the encumbrance into the Bluebill Avenue right-of-way." Conservation and Coastal Management Element (CCME) Objective 10.2 states: The County shall continue to insure that access to beach.es. shores and waterways remain available to the public and continue. with its program to expand the availability of such access. . . . . The petition furthers the intent of this objective and is consistent with the goal implemented by Policies 1 02.11hrough 10.2.5. Based upon the above analysis, staff believes the proposed Essential Services use, limited to restroom facilities, and thus the Conditional Use petition to allow the use, is consistent with the GMP. ANALYSIS: Before any conditional use can be recom111ended to the Board of Zoning Appeals (BZA), the Planning Commission must make a finding that: 1) 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 applicable provisions of the FLUE, the crE and the ROSE, and would fulfill several objectives of the CCME Growth Management Plan; therefore the petition is consistent with the overall GMP. 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, tr'affic 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 shoV'.'Il on the Conceptual Site Plan, CU.2008.AR-13201 Page 4 of9 tl,cenda Item I'Jo. 7.A. c Oc:tober 28. 2008 Page 17 of 79 adequate vehicular access to the site would be afforded from Bluebill Avenue in the two-lane vehicular turn around and easement provided as part of the June 14, 2005 Settlement Agreement. Pedestrian access is the more likely altemative with persons accessing the facility from the beach. Patrons of the beach that would use the restroom facilities have parking available to them across the bridge at the Conner's Vanderbilt Beach parking area that is located in front of Wiggins Pass Landings development on the north side of Bluebill Avenue. ..-.------ - ~- ......- Yu::w L.oQKrNG Wt!:7SY" ~~~"""'dIf.f1'l'CWJ.:fl OCrvGn ZP.:Zoo? BLUE;SILL AVENUE BEACH MICJiAEL RliDl) ~~~~:'!:~~ 3. The effect the Conditional Use would have on neighboring properties in relation to noise~ glare, economic or odor effects. As shown in the aerial photograph on a previous page, the site in question currently is used as part. of the Delnor- Wiggins Pass State Park entrance, public beach parking and the public access to the beach. The proposed use should have a negligible affect upon the area in comparison to the existing uses, therefore the restroom uses should not significantly increase noise, glare or odor or have an adverse economic impact. The restroom facilities should not generate. additional traffic as they are being provided to serve persons already using parklbeach facilities. 4. Compatibility with adjacent properties and other property in the district. The Maraya Bay Beach Tower, the companion petition, is subject to the terms of the settJement agreeme.nt referenced abo've. ,tA;,.ccording to that settlement agreement: The settlement offer protects the public interests served by the LOC and VBRTO by increasing view corridors, fight and air movement and decreasing canyonizatlon by encouraging redevelopment sensWve to existing scale, compatibility and sense of place; bY' providinq reareaUonal facilities; and by deve/ooina. utilizina and protectina natural resources. [emphasis added] CU-200S-AR-13201 Page 5of9 Agenda Item No. 7 A October 28,2008 Page 18 of 79 Additionally~ the settlement agreement required the property owner to grant a 20~foot wide public beach access easement, a 10-foot right-of-way easement, and an easement along the Moraya Bay "property's northern boundary to accommodate a two-lane vehicular turnaround." The entity that would be most affected by the restroom facility"s location is the Moraya Bay Beach property owner because a portion of the facility will be located on the Maraya Bay Beach property and the remainder of the facility will directly abut the shared property line. PROPETlTY U#C~ ~u<~ Ro'CHf 01" lI!AY MOf<!fI!(TY LiN$' Excerpt from Site Plan GU-200B-AR-13201 Page 6 of 9 l\.genda .Item ~~o, 7A OGtoher 28, 20C!8 Paoe 19 of 79 The property owner to Lhe north} the Delnor- Wiggins State Park should not be affected by the restroom facility use because of the great distance from the restroom facility to any state park structure. If anything, the restrooms could be an asset to the state park patrons as well. To the west is the County park and then the Gulf of Mexico, so clearly no property owner to the west would be negatively affected. To the east is Gulf Shore Drive, and then a condominium development, Vanderbilt Landings to the south of Bluebill Avenue and Vanderbilt Towers to the north of Bluebill Avenue. Because the restroom will be located in the Bluebill right-of- way at the farthest point from Gulf Shore Drive, the facility will also be located relatively far from Vanderbilt Towers and Vanderbilt Landings which will already be separated from the restroom facility by Gulf Shore Drive and the :Moraya Bay Beach residential tower building itself, staff does not anticipate any compatibility issues between the restroom facility use and the Vanderbilt Towers or the Vanderbilt Landings projects. Staff believes the limited use of the site for a restroom facility only should limit the impact the Conditional Use approval for a public use could have on neighboring property ovmers, and thus, the proposed restroom facilities use should be compatible with the neighboring properties. Furthermore, staff believes the proposed condition adequately protects the public's interest El\TVIR01\TJ\1ENTAL AJ)VISORY COUNCIL CEAG 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): A separate NIM was not required for this petition because the issues were determined to have been duly vetted during the NIM held for the Maraya Bay Beach Private Club Conditional Use application. The applicants/agents duly noticed and held the second NIM for the petition October 30, Z007, 5:30 PM. Twenty nine people attended, as well as the applicants' team, Zoning staff, and officers of the Collier COlmty Sheriffs 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 general questions regarding the ea.<;ement and right-of- way proposals for buildings and turnaround, parking plans. A,QentldeveloDer statements/commitments: MarIa Ramsey, Public Services Division Administrator stated, "$500,000 is earmarked for the bathrooms and tumaround, 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 Znd floor, twenty feet in height from existing grade." Mr. Y ovanovich also stated the "beach club's outdoor hOUl'swllI be 7:GO A1\1 ie) one hOUT afier SlIDset. The beach dub's indoor hours CU-2008-AR-1320 1 Page 7 of 9 Agenda Item No, 7A October 28, 2008 Page 20 of 79 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 11:00 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." Sheriff's 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 s'"l4tements 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 RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPe) forward Petition CU- 08-5-.t\.R-13201 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following condition: 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 April 22, 2008, to allow for public facilities limited to public restroom facilities. 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. CU-200B-AR-13201 Page 8 of 9 ,Agenda Item NO.7 A October 28, 2008 Page 21 of 79 PREP ARED BY: KAt(~E~2~~fPALPLANNER 9-!~:~&' DEPARTMENT OF ZONING ANDLA.ND DEVELOPMENT REVIEW REVIE,VED BY: ~ O:~ S--/I-Ocr RAYM DV. BELLOWS, ZONING MANAGER DATE DEPi\RTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ '717 L ~ ~}S-/o8 sUSAN M. ISTENES, AICP, DIRECTOR DA 1E DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW fY)~AAL j)h~-~ IvlA.RJORlE. . STUDENT-STIRLING u ASSISTA.NT C01JNTY ATTOR.~EY 8tZ{/08 DATE APPRO'VED BY: ..~.~ rft<-/{) ( JOSFfPIf K. SCHMITT, ADMINISTRATOR I DATE COI\llvnJNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION V Collier County Planning Commission: rv1~p~ MAm P. STRAIN, CI-WRlv1AN 1--1--0 I DATE Staff report for the September 4, 2008 Collier County Planning Commission Meeting Tentatively scheduled for the October 28, 2008 Board of County Commissioners Ivfeeting CU-20D8-AR-13201 Page9of9 " c ~ "'l 8OMT. -, e ~ w_ ,-~ ... COUNTY - -VfT~~""; ..;;'(),j,"AL ,,"VD o ">'j 0::. "" X ?, o PELlt"'" ~, "'"' ~ ~ .v~~" ~ l: .::: - J LOCA TION MAP p EI ITI ON # C:1J,2008.AR,13201 Agenda Item No. 7A October 28, 2008 Page 22 of 79 ZONING MAP I\genda Item No. 7A. October 28, 2008 2800 NORTH HORSESHOE~W~ of 79 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To he completed hy staff ABOVE TO BE COMPLETED BY STAFF APPLICANT INFORMATION NAME OF APPLlCANT(S) COLLIER COUNTY PARKS AND RECREATION ADDRESS 3300 SANTA BARBARA BLVD. CITY NAPLES STATE FL ZIP 34116 TELEPHONE # 239-353-0404 CELL # FAX # E-MAIL NAME OF CO-APPLICANT: VI L TD, LIMITED PARTNERSHIP. ADDRESS: 800 LAUREL OAK DR #300, NAPLES, FL 34108 TELEPHONE: 239-566-2800 FAX: 239-566-3840 NAME OF AGENT RICHARD YOVANOVICH FIRM GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA ADDRESS 4001 T AMIAMI TRAIL #300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239-435-3535 CELL # FAX # 239-435-1218 E-MA!L ADDRESSRYOV.6J.JOVICH@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; 7208 ,A,; bAc~~~~~ ~8~ ~'06~ t- d \:; L I I ASSOCIATIONS 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.net/lndex.aspx?paQe=774 NAME OF HOMEOWNER ASSOCIATION: VANDERBILT BEACH & BAY OWNER'S ASSOCIATION MAILING ADDRESS 10851 GULFSHORE DR CITY NAPLES STATE FL ZIP 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 Collier County Board of Commission 100% APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005. rev 2/72/08 b. If the property is owned by a CORPORATION, list the stockholders and the percentage of stock owned by each. Aoenda Item f\lo, 7,A, ~ October 28. 2008 ff.paoe 25 ofd79 o Icers an Name and Address Percentage of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership 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 SC & G Investors Inc. Trident Development Associates, LLC VGC II, LLC 1% 49,5% 49.5% APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4. 7403. rev 520/2005, rev 2/7208 Agenda Item No. 7A October 28, 2008 Page 26 of 79 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: 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 ~ leased D Term of lease 6/1/06 yrs.lmos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: I or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur 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. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03. rev 5/20/2005, rev 2/72/08 PROPERTY LOCATION Agenda item !'-10. 7A October 28, 2008 Page 27 of 79 I Detailed leqal 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: Block: Subdivision: Baker Carroll Point Plat Book Page #: Property 1.0.#: Metes & Bounds Description: SIZE OF PROPERTY: ft. X ft. = Total Sq. Ft. 3000+/- Acres 0.07 ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: Western terminus of Bluebill Avenue ADJACENT ZONING AND LAND USE Zoning Land use N CON-ST & RMF-16 Delnor Wiggins Pass State Park & Vanderbilt Towers S RT-VBRTO E RMF-16 W N/A Moraya Bay Beach Tower 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). SectionITownship/Range 29/48/25 Lot: Block: Subdivision: Baker Carroll Point Plat Book Page #: Property I.D.#: APPLlCA TION FOR PUBLIC HEARINC FOR CONDITIONAL USE - 4 74 '03, rev 5/20/2005, rev 2/12. 08 Metes & Bounds Description: Agenda Item I'Jo, 7 A October 28, 2008 Page 28 of 79 CONDITIONAL USE REQUEST DETAIL Tvpe of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the RMF- 1.Q zoning district for public restrooms (type of use). Present Use of the Property: The site has been utilized as County Right-of Way with public beach parking as well as public access to the beach. 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 elevated public restroom facility is located mostly within a public right-of- way (i.e. Bluebill Avenue) with a portion located on the adjacent parcel to the south. Both the County Parks and Recreation Department and VI Partners, L TD are co-applicants in this regard. The encroachment into the residential parcel is necessary to facilitate the construction of the restroom facility minimizing the encumbrance into the Bluebill Avenue right-of-way which is currently utilized as the Delnor-Wiggins Pass State Park entrance, public beach parking, as well as the public access easement to the Gulf of Mexico. The proposed public restrooms are a conditionally permitted use under the RMF-16 zoning as described in Section 2.03.01.F. of the Land Development Code that states "Governmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as conditional uses as long as they preserve and are compatible with the mid-rise multiple-family character of the district". The Growth APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005, rev 2/72/08 Management Plan anticipates the need for public facilities in all zoning dist~g~Q~~[~~~~ where they are limited such as the Coastal areas. The planned project ~l~e 6~ OfJ9 compliance with the following Objectives/Policies of the Future Land Use Element: · Policy 5.1 thru 5.5. Approval of a conditional use found to be consistent with Section 10.08 D of the LDC is hereafter deemed to be consistent with the Future Land Use Element of the GMP and specifically Policies 5.1. thru 5.5. · Objective 7 and Policy 7.4; Approval of this conditional use promotes achieving Objective 7 by encouraging new developments to provide walkable communities with a blend of densities, common open spaces, and civic facilities. This project is located within one of the best examples of a walkable community in the County with pathways located along both Bluebill Avenue and Gulf Shore Boulevard. This proposed essential service is specifically to serve the existing shoreline recreational uses. The location along the shoreline allows for maximum utilization by the public. The following Objectives and Policies describe the projects consistency with the GMP Conservation and Coastal Management Element. · Objective 10.1 and Policy 10.1.1 insures that priorities for shoreline land use shall be given to water dependent uses with public recreational facilities getting the highest ranking. This project is accessory to the public use of the beach. Policy 10.2.1 requires areas presently developed as the priority ranking for shoreline development to minimize the destruction or disturbance of native vegetative communities. The location of this structure has been located within the disturbed area of the existing right-of-way as well as the existing development site. Objective 10.2 and Policy 10.2.1. thru 10.2.5 states that the County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access. The existing donated public beach access shall be maintained by the County Parks Department. New beachfront development shall show on their site plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. The dedication of this access by the landowner to the south along with the financial contribution promotes the County's continued dedication to public access. 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: In siting the public restiOom facility building as not to irnpede the drive lanes to Deinor- Wiggins State Park and the public drop off area, a portion of the building straddles the APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4 7403, rev 520,2005, rev 2/7208 d. , . 'd t' I I' rt I' Th' I t' II f Agenda~~m Np'.J,A a JOIning resl en la parce s prope y me. IS oca Ion a ows or an ~8QBe!'~~~8 pedestrian access to the dedicated public beach access as well as continueJ'~CWtfgn~J9 into the State Park. The turn around will also help facilitate the current traffic issue that occurs when the State Park is full and has closed the gate by allowing for an exit strategy for those vehicles not able to gain entrance. The restrooms as well as the access will be aGcessed from Bluebill Ave. Emergency vehicles will be able to access the public restrooms as well as the shoreline from the Bluebill Avenue extension to a designed turn around area in front of the public restroom building. The turn-around will be utilized by members of the general public which will be able to drop off beach goers prior to parking in the County owned beach parking lot east of the Bluebill bridge thus facilitating the use of the beach by the local residents as well as the public at large. A perpetual easement has been provided by the co-applicant and developer of the adjacent parcel to the south for the express purpose of allowing public access to the Gulf of Mexico. Public beach access will be maintained in perpetuity by the County. Nothing inherent in the design for access to the beach will have any adverse affect on pedestrian safety and convenience, traffic flow and control, and access in the case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The closest off-site neighboring building to the public restroom is approximately 250 feet. The Moraya Bay Towers is the closest on-site building to the public restroom at 53.1 feet. The height of the facility is limited to one floor which is the minimal request necessary to build the facility. The public restroom building has been positioned in such a manner as not to create glare or noise disturbance to the existing development. The hours of operation of the facility will be limited to reduce impacts on the neighborhood ambiance. The visual impacts of the building are limited to the eastern exposure from within the Bluebill Avenue right-of-way. Landscaping and trellis will be designed in keeping with promoting a visually appealing facility. The maintenance of the facility by the County Park Department will insure that there will not be any negative impacts to surrounding parcels. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The proposed bathrooms are generally located west of the intersection of Bluebill Avenue and Gulf Shore Boulevard. The proposed public use will be located at the western terminus of Bluebill Avenue right-of-way, directly adjacent to the entrance to the Delnor- Wiggins State Park and the Collier County public beach access which represents a location that has the least amount of exposure to the surrounding properties. The zoning within the Bluebill right-af-way is designated as RMF-16. The surrounding RMF-16 property have been built and represent high density, multiple-family residences, generally APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005. rev 2/ 72/08 d d b h th G If f M' D I W' , '~sW.Qa...ltel1l No,JA surroun e y open space suc as e u 0 eXlco, e nor- Igglns vl~ol5'er~3a!lJJ!)8 b'l L Th' . I t d' I . 't bl' d Paqe 31 of 79 Vander It agoon. IS area IS oca e In c ose proximity 0 pu IC an commercial services, with direct or convenient access to arterial and collector roads on the county major road network. The State Park is zoned as CON-ST which is Conservation-Special Treatment. The uses are specifically for public recreation with parking and eating areas, bathrooms and other park services. To the south is the residential parcel formally the Vanderbilt Inn which is zoned Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO). The design of the restroom building is sensitive to the scale, compatibility and sense of place that exists in the Vanderbilt Beach area, As a one story structure can be landscaped in such a manner to keep the residential feel of the area in keeping with The Community Character Plan For Collier County. A proposed public restroom within the ROW is consistent and compatible with that general theme. e. Please provide any additional information which you may feel is relevant to this request. Approval of this conditional use will bring about a significant public benefit at little cost to the public. The public benefit comes in the form of public access to the beach that will be facilitated by approval of the conditional use. This public facility located in this area will promote the overall health of the water quality in the area which promotes public safety. We will be also removing paving and utilizing best management practices to improve water quality. A 20 foot easement for public access to the beach has been provided by the developer at no cost to the public. The beach access will connect to a pedestrian sidewalk extending from the restrooms to the pathway system along Bluebill Avenue and Gulf Shore Boulevard will also be provided. The restroom facilities are an urgent need and can now be accomplished due to the access set aside and financial assistance that the co- applicant has provided in this critical area of public 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 iand use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the iast year? if so, what was the nature of that hearing? No 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 pre-application meeting, APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4, 74'03, rev 5.20/2005, rev 2/ 72.,08 a. A copy of the pre-application meeting notes; Agenda Item No, 7 A October 28, 2008 Page 32 of 79 b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8%" 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 CCPe]; . 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 HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005. rev 2/72/08 b,oenda item I\Jo, 7A " n"tnhAr?R ?OOR r Clge ..)0 01 I BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE 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. APPLlCA nON FOR PUBLIC HEARINC FOR CONDITIONAL USE ~ 4."74/03. rev 5 20/2005, rev 2 7208 Agenda Item r\lo, 7 A October 28, 2008 Page 34 of 79 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 SectionlTownship/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 USE - 4/74/03. rev 5/20/2005. rev 2/72/08 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 item [\jo, 7 A, October 28. 2OG8 35::,179 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 Utilities 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. APPLlCA T10N FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03. rev 5.20/2005, rev 2/72. '08 Agenda Item No. 7 A October 28, 2008 Page 36 of 79 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 SUMBITT ALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explaining the project 20 Application (completed & signed) (download from website for 20 0 0 current 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 % 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 boundary 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 (CDROM or 1 0 0 Diskette) Boundary Survey 2 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 - 4/74/03. rev 5/20/2005. rev 2/72/08 l\ge!lda Itern ~~o, 7/\ October 28, 2008 Page 37 of 79 AFFIDAVIT Well, being first duly sworn, depose and say that well amlare 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. l'Vell 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 our/my 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) APPLlCA TlON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74 03. rev 5 20/2005. rev 2/ 72/08 TRAFFIC IMPACT STATEMENT (TIS) " 1.J.-.... 1.-, , ;:l' . .. -, October 28,200, Page 38 of 7~ 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 - 4/74/03, rev 5/20/2005, '-ev 2/72/08 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS ^,;;--:~=':. ;~:,~~. -:!\ October 28, 200 Page 39 of 7 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 Assianment: 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. Existina 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 (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 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 Anaivsis: An intersection analysis is required for ail intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). APPLlCA TlON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4] 4,'03, rev 5 . 20/2005. rev 2!7 208 . . Ao"'nda Itemj'llo 7 A 7. BackQround Traffic: The effects of previously approved but undevelope~cillbtP.~!~OO8 developed projects which may affect major thoroughfares within the RDI of theFp~rmsecf9 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. ThrouQh 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 PhasinQ: 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 CONDITIONAL USE - 4/74/03, rev 5/20/2005, rev 2/72/08 !\'Jenda Item ~jo. 7.4 , October 28, 2008 Page 41 of 79 ., i . " I I , ~ -1.1""'" '11 -1.1 I , , 0_1 1- ~ hl~~_ ! -~~~~i~~~ ~ ~ ~~~~~~j;~ ~ i~i~~~it 4: ~~&!~i~! >- III C (II ~ g.a... ~ ~~~~"'z w .c () c c. '" 0 co ro ~ == CD C/) . CO CD 2gs '" R CD :e 0:_ ~ '0" ::J "(3 H " c co OJ LL > [L"" <( ]i Ii ~ < " ~ :.0 ~ '-'z " 0 >- OJ " Co ;2 ~ ::J " ~ ~ ~ ro u v &. 311!t1.e&~.tBlclgH~ j\, __1___ .-MARKDA-iEl~- lSSU= DATE. O~ob!'r 18. 2007 PR()J[C'fNG05-=9~~-- -5/,0 FILE ~AME: lAElay+-",.. 91"<; 'pic -DESIGNECn3Y:VArv---- ---- DFfli,INN9Y------- v,i,iit ---- SHEETT:T:-E Partial Site Plan 03. 1 '" ~ ~ ~ FIRM ZONE VE "LEV 153 (NGVD 29) . ~), ~ -~~./ /// \ --~/~\ -~-n_~_/ --....:~ ~ '\---.~~ \ r- '---.. ~ -----------. \ / ~ ---.'/ ~ Enlr8:nc~to "\ ~~ WI!=l!=llnS I~ass , '-... Stale Park \ ~ '. .. - .. - - - -~"----:..::.-\ - - - -,"~ ---- \ \ , \ \ , , \ Property line - Beac') ACC€5S Waikway {J"lt P3ol[)eck mr--~~ I.' , \ .--..-J--- L.._ pJOI -~ "TTr'l}. - i - '- -I ;""' ~\ I \ \ i:1 \ li---:iFC~ ~-r"==" \ It=__j ~'1J] It~-l. \ \ Poof Deck ~; ~i ~ _. ~ :LQ.n.:ifl~~e:llit;:Y.J::i['lL I _ _..I._ -0 0- 0:: Partial Site Plan 1" = 20' -- _...------~~ --- ...------"--------- ------ ---- ----- ~-------~ -------~- Agenda Item No, 7 A October 28, 2008 Page 42 of 79 r I _______~--- '-1--- \ \ '" I~ -- I I I -n 0" o .., "'tJ iii :::l t:= ;: .... 6: ~~~ 'C~ C'-la "r.l fA fA l~ -- ~ II '-- I - , , '0 I : 6'-4" "-6" -------~ _______ 6'-6" 6'-10" ~--- -..--------- ----- --~ '" .. '" .; m ~ m ::0 (5 ::0 OJ )> r () 0 ... z en ~ -< )> ::0 :::; .t; ~~ ::;"1 . '" q 1-'~8" 8'-0" l' " 6'-0" "T1 , 8 'I'I'I'I~' I 0' m-um>woloc: <: [>117 0 m -< QI~ G5 -n '""I m ,. ;0 i ... ~ ~ ~ ;; ffi ~!~ ~ " 0 "'C , -<:I: 1-< 021 1-< Ii :;; >;; '""~I' ~$:I(5 '6 (1 CN ::I m 0 Sl ~ ~); ~);;: ~ i m . ~ ~ s: s::f;g : , I\,) '" ~ ~! (7J :~ g ;;,\ ~ ~ ~ ~ ,.c; n - :): I~ '" ~ My Architect, Inc. Florida Registration No. AA0003016 Van Auken jYlilier AlA Architect Florida Registration No, AR0009669 2335 Mont Claire Drive #202 Naples, Florida 34109-4321 Phone: (239) 254-9931 Fax: (239) 254-9932 E-MGlil: vanmil1er@comcast.net Bluebill Avenue Beach Toilet Facilities Collier County Parks and Recreation Naples, Florida 34109 i I I --t- i <'>' ~~' GRADE AT BLOC EU=:V = 5.TINGVO- - - - I I __I_L_ _I ~-----,- ;_1E~~0~R~n~= ~~ North Elevation 1/8" 1'-0" ~ PEAI< OF MAIN ROO"' PEAK OF LEVATOR ROOF !!E ~A.M ELEVATION AT EL~V '} "' IArTrJ)";?JbG' y~;:::- ~ I _ _ {- ~IDE-OI~T qf R~OF ~I I ! ~E ~E~'[':~;:jJ~~':~'~i'" ,......1Ji =r 27.33 NGVD -. - - , +" ! ~ ~~ - ~.' ~ J I~ J - '~ ~ 4 FINISH FLOOR = 18_33 NGVD ~NDi.RSIDE OF STRUCTURE FEMA ROD t=-.:EV----;, 1~)~33- -- NGVD .--.J GRADE AT BLDG ::- !'iJ:-\ NGVD 2 ~_f-l=""T()Fr~-_lOfJC,vQ --i Eas!_Elevation 1/8" 1'-0" Item No. 7/\ 28. 2008 Page 43 of 79 t5 5~~ - 5 g~g~~.- ~ ~~\:~=:"T~~~ -.. < <t ,> ~ m m ! a5 ~~~~~~~ ~iuun~ >-~ ~ ~~ roo.. ~ 2~>]NZ uJ "- "- .c u " (1j 0 . (j) l/) . ro ~ &~ ~ ,," Ti ~~ c (1j ~" (j) LL ~~ > <L"- <( ]? fi E ~ "z (j) " :J " ro " & .3/19/08 Sldg Hgl Adoeo r~--'-~ MN'I.K t DATE i Issue DATE October le, 2007 PRGJE"CfNrF05-!!95 ----- ~'~~~~E:;:if~ D~WN BY VAM ~~KEf)BY VAM CD!:lVR'GHT rvv/l,rctlllecllm SH:i:T TI~lE North & East Elevations 03.3 ~ \e FINISH FLOOR = 18,33 NGVD UNDERSIDE OF STRUCTURE '" FEMA RODELEV:~1g:-33NGVb 3 I I I I I I -=-'- _-L-_'_'_~_ - ----- _-1--1, - ~~~J~'Vo6~g~;~E L______________________ GRADE AT SLOG = 5.33 NGVD I I I I I I ~I _,_ _ L--_-L-__ _ _ _L1- I 4 Agenda Item No, 7A October 28, 2008 Page 44 of 79 ~ ci ~ ~ C gjlliN_ ~ -8 ~~~r;;N1il -h ."'~~! t) o~~~;~~ ~ gig~~;';~~ 13 ~~~~~~&l ~ ~~g>~a1~~~ a::<OCl.O"Q. LL= >.~ lii~~~D.. ~ ~ ~>~N W .c t> g CtI (l) C/) ~ CO (l) u", 'z&!~ (l) := 'E~ :J () . . c CtI ~:g (l) LL ..Q > 0-"- c:( a> ~~ :0 ;: 6~ (l) ~~ :J 'is CO u &, 13/19/08 I BIdg HQI Adood {o I I MARK I DATE I ISSUE DATE:Ol:lobcI1E!. 2J07 PROJECT NO: 05-99B CAD FILE NAME' MI>o~PIl1o. 810Q 1.P111 ~~~Y~y: ~~*-___ COPYRI Hl: MvArchitp.ct!n~ SHEET TITLE South and West Elevations 03.4 'I ~ -+- South Elevation 1/8" 1'-0" . -.,.-. ---.,..- TIE SEAM ELEVATION AT - - EL~~- _M'~O~~T.QF'390E. _ _ _ TI~m'MEI:fvA~ - it33NGlID-.. - - - FINISH FLOOR = 18,33 NGVD UNDERSIDE OF STRUCTURE FEMA RODHEV";: 15:"33NGVD ~ GRADE AT SLOG =- S.33 NGVD " ELEVATOR PIT I GRADE " -SEAMS= TOONGVD- -.y West Elevation 1/8" = 1'-0" .'l/Jenja item No. iA, - October 28, 2['J8 Page 45 of 79 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 a..rnended 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 afreal 11ropcrty within the VBRTO, and presented a claim to the County pursuant to pO.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 t.hc VBRTO; and WHEREAS, pursuant to ~70.001(4)(c)of(he Bert Harris Act, within 180 days after receiving the claim the Board of County Commissioners met on June 14,2005 at a public meeting 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 Vl:3RTO by increasing view conidors, 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 [he appropriate relief necessary to prevent the V8RTO from inordinately burdening the real property belonging to Van-Dev; and WHEREAS, Van-Dev accepted the settlement offer; NOW THEREFORE. in consid~ration of the mutual covenants set forth in this Agreement, the sufficiency of which is acknowledged, and with the intent to he legally hound, the County and Van-Dev mutually agree to the following: 1 of 4 Agenda Item NO.7 A October 28, 2008 Page 46 of 79 1. 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 pennitted by the VBRTO. 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 UA;" 3. Within 30 days ofthe execution oftrus settlement agreement by all parties. the property owner{ll) shall grant to the County, by a recorded easement iiI a fonn reasonably acceptable 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- scale plan attached hereto as Exhibit "A~" 4. The property owner(s) shall grant to the County, by a recorded easement in a fonn 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-scale plan attached hereto as Exhibit "A." The property owncr(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 Chapter 70.001, Florida Statutes, 3,rising from the application upon the subject property of the Vanderbilt Beach 20f4 A,o'.:mda item No.7 A ~ October 28. 2008 Page 47 of 79 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 pennit, 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 Settlement Agreement is invalid or ineffective. If the injunction is ultimately dissolved and the Settlement Agreement is upheld, the property ovmer(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 back to the property owner(s) the three easements and $500,000.00 described in paragraphs 2, 3,4 and 5 above. However, once the property owner(s) have provided the County with the release, the release shall be binding and effective upon the parties thereto, regardless of whether an injunction is entered subsequently, or the Settlement Agreement is ultimately found to be invalid or meffective, 7. The rights, burdens and benefits of this Settlement Agreement as well as the rights of the landowner under the Bert Harris Act Claim filed by it that resulted in this Settlement Agieement, shall inure to the benefit of and be enforceable by, any and ail future and successor owners of the property if and to the extent it is conveyed or sold by the present property owner while this Settlement Agreement remains effective. 8. The County, to the extent possible, and consistent with existing policies, will expedite the review of the SDP and building permit applications submitted by the landowner(s) or the purchaser of the Iandowner(s)' property, 9, The County and Van-Dev acknowledge that this Settiement Agreement is the product of mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement is 30f4 Agenda Item No, 7/\ October 28, 2008 Page 48 of 79 to be construed against any party either based upon a claim that the party drafted the ambiguous language or that the language was intended to favor one party or the other. IN WITNESS WHEREOF, the County and Van-Dev have executed this Agreement as evidence~ in th~'fonc;lwing signature blocks: . \,Ill;) 1!J ~ '" , " ,f:- .,.,......,...~ '.... A TTESA: .. .>~" . c;...., Dwigb:t' E.:,Bi'ock. CLElU( :-A:,..f_,~;, ,:tj: By:~ ..:: .. DREurY 'E~ : Att',~ ~,.~'Cha 1,.,.' t '?;~A~~onl1. ~d Name f3 r I f'" .sc.~ .,.., <; c)( ,....... P~t~d ~ame ~'~'a e S~ed Name '~~vLW""..A ~.""'~~o".~ Printed Name BOARD OF COUNTY COMMISSIONERS OFCOLUERCOUNTY.FL~ By: ~W. Fred W. Coyle, CRAIRM V AN.DEV, INC. 1'---- Signed Name C$,...., v, Sc- ~ e f"\ ., de... ,..-- ~Name b'd ~ Sfgned Name lL'\..~~.I('.A ~.l'~'-J':"""\)""'l.l Printed Name VANDERBILT BEACH ASSOC., LTD. By: 'w' ~ ~ Nam l '7~U ~/.. Title t) LI ~~ ~pprove~s to form and legal suff~~ncYL4- ~/ L~ tv (Aft/'/ Michael W. Pettit, Chief Assistant County Attorney 40f4 r'genda Item ~~o, 7 A '-"._+...L-.~>~~. :~~ I Page 49 of 79 " . , I ita ~f ~ : '. ~ ~ !lr~ . :z ___--lL--1Y - j' --- - I~~: i I~ '"i $ , "- ~l j ~ ~ \ . ~ l: )1) ~~ii! - ~ ~) . J~ l ~l I < ~ I ~ - ~l ! I$ \.~ I ~.r.~ I L I ~ '!;__.JJ ) ~ r:il ----- .---/ ) ---1---~~ \ ~~ _~ l~ @\).'v'f .. '" --- ~ I ~ =----- ' t i~1 \ - ::: [jjj B1-UE-BIL-~ PARK .~~ . 6OU" le:8... CCUNTY ~;:;!.KS AND ~EAT\ 0\'-.1 . ... ... S+ 1N \:. . \- -,q .. Agenda Item No, 7A October 28, 2008 Page 50 of 79 SOUTH ELEVATION ,~-......u,(rJ: ,\l,.A,:.-~,! -'\< WEST ELEVATION TwIll..U....'tA.....:,tNI'fl".....HU.'1;mltK....-:.!IOI:/ioOf IU..-USTfl"llUho:.NL-l T..." grllnRl"CII _"IOVl!.!< _r "'GI<'rTO ........:1: CHAN~ TOTH'. ,.~..... AT ..",. TIN!' ""','!'HQlTf "O'-'Cf SCALE: f ":::; 4'.()" ELEVATIONS BLUEBILL AVENUE BEACH MII.'II\EL IlEDD &\5S,-,\..I,\ I IS. I ',\, OCTOBER 29. 2007 t..qenaa Item No 7A , October 28 2008 Page 51 of 79 NORTH ELEVATION TH',;."L.~" ,,~.. kL" ,..."..",..E:~'n..-'..., '>U"'"U~..._, '" tl.:..U"'''''''''''''''''L' 1.... O"~~Lo~n. ""E"_~"""F "''''''Tl' .....,. co.......".." TO,..,~ "V.""~ ...... 't,..,,, .....,.....Ou' Ht'Tl"''' EAST ELEVATION SCALE: f";;; 4'-0" ELEVATIONS BLUEBILL AVENUE BEACH \\1<- 11 \lL I,-EDt) "" \CS,,"IU \ I [~, I'A OCTOBER 29. 2007 Agenda Item No, 7A October 28.2008 Page 52 of 79 "H'!I~N "A'll BEEN ....f:.."'~!:OFDAT>l.. ..~Of"U.l.U."'...T1(JN ONLT. T.n 01''''1:1.0..111> 1tIlIotIt\lIES"""" IIIG~TO "'_" e.......o.u' TO 1,"~~" AT ANT """ ",,"oUT ..OTlell VIEW LOOKING EAST (WITH RESTROOM FACILITY ONLY) BLUEBILL AVENUE BEACH II\I(JL\H. IUJJD &\SSOCl\fE..\ P.i\, OCTOBER 29. 2007 'Ie, '1111. PljO,l ~"" \~,-" 111;-1 \\.\-,11' I,~V.-'-' Aaenda Item No. 7A - October 28, 2ClD8 Page 53 of 79 T~'''''L''N ~"'5 ...-ENP..l;.......l:C> "Oil THE "U"_l:~(>F Il..L.Ustrv,nON OOlLY. l..~ OI:\;n.~..~" "~$r"vF~ H<r ,,",;on T" ...."I'; .......~s '-0'-"'" ..L......' .....T T",~ ""'-"01,11" "'oT,CC VIEW LOOKING WEST (WITH RESTROOM FACILITY ONLY} BLUEBILL AVENUE BEACH V\Ie! l.\iI IUt)[) ~" .\....:,<'C.l\IT,...., 1'\. ,"'. '-""-'o;"";.'d"";; ",." 1t .,'" ,. 1".,-. OCTOBER 29. 2007 Agenda Item NO.7 A October 28,2008 Page 54 of 79 RESOLUTION NO. 2008- _ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE V At~DERBILT BEACH RESORT TOURIST OVERLAY (VBRTO) ZONlNG DISTRICT AND THE RMF-16 ZONING DISTRICT, PURSUANT TO SECTION 2.01.03.G.1.e. OF THE LAND DEVELOPMENT CODE, TO ALLOW FOR PUBLIC FACILITIES (LIMITED TO PUBLIC RESTROOM FACILITIES) THAT WILL BE CONSTRUCTED WITHIN THE PUBLIC RIGHT-OF-WAY AND PARTIALLY WITHIN THE MORAY A BAY BEACH CLUB PROPERTY FOR PROPERTY 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 in the Residential Tourist (RT) Zoning District and the Vanderbilt Beach Resort Tourist Overlay (VBRTO) Zoning District and the RMF~ 16 Zoning District, pursuant to Section 2.01.03.G.1.e. of the Land Development Code, to allow for public facilities (limited to public restroom facilities) cu- 2008-AR-1320 1 Revised 8/04/08 - HFAC Page 1 of 3 item No. 7A October 28, 2008 Page 55 of 79 that will be constructed within the public right-of-way and partially within the Moraya Bay Beach Club property on the property hereinafter described, and the Collier County Planning Commission made its findings as described in Exhibit "Au that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section J 0.08.00.0. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The petition filed by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., representing Collier County Parks & Recreation, and VI Ltd. Limited Partnership, successor by merger to VI Partnership Ltd. with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use in the Residential Tourist (RT) Zoning District and the Vanderbilt Beach ResOlt Tourist O'{erlay (VBRTO) Zoning District and the R.rv1F-16 Zoning District, pursuant to Section 2.01.03,G. J .e. of the Land Development Code, to allow for public facilities (limited to public restroom facilities) that will be constructed within the public right-of-way and partially within the Moraya Bay Beach Club property in accordance \vith the Conceptual Master Plan in Exhibit "C", and subject to the conditions contained in Exhibit "D". Exhibits "A", "B", "C" and "D" are attached hereto and incorporated herein by reference. 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. CU-2008-AR-1320 1 Revised 8/04/08 - HFAC Page 2 of 3 Aqenda Item No. 7 A - October 28, 2008 Page 56 of 79 ATTEST: DWIGHr E. BROCK., Clerk BOARD OF ZONIN'G APPEALS COLLffiR COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING. Chairman Approved as to form and legal sufficiency: @ Heidi Ashton-Cicko Assistant County Attorney Exhibits (attached) Exhibit A: Collier County Planning Commission Findings of Fact Exhibit B: Legal Description Exhibit C: Site Plan Exhibit D: Conditions of Approval CU-2008-AR-13201 Revised 8/04/08 - HFAC Page 3 of 3 Aaenda item r~o, 7/\ " Oc;tober 28. 2008 Page 57 of 79 ( FINDING OF FACT BY COLLIER C01JNTY PLANNING COMJ\lISSION FOR A CONDmONAL USE PETITION CU-2008-AR-13201 The following facts are fOUl1d: 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. Granting the conditional use v..rill 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 ,,-'ith the Land Development Code and Growth Management Plan: Yes No V B. Ingress and egress to property a...'1d proposed stnlclures 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 V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ V/~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adj acent propclties and other property in the district: Compatible use within dist-iet /' Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, r-. A 'T'T"". C/.. U _ ,,<..~ Uh.1C. I ~ l _ v <> )0, .f'C'1I ..rD 'C 1) . lYJ..L1V.LLfLJ.,-. ,\A II r-, I. f *a, , v v \ l"-"J'''' I IF' v - , C IAO,)V' rr,,"f..,) EXHIBIT A Agenda Item NO.7 A October 28,2008 Page 58 of 79 (, FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-~-13201 The follo\\~ng facts are found: 1. Sections 2.03.02.EJ.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~o_ B. Ingress and egress to property and proposed structures thereon'vvith 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 ~o C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or _ Affect mitigated by AtTect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~o Di....TE: MEM:BE~ EXHIBIT A L\genda item I\h 7A October 28, 2008 Page 59 of 79 c FINDING OF FACT BY COLLIER COUNTYPLA.NNL~G COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13201 The fo Howing 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. Granting the conditional use will not adversely affect the public interest and will not ~~~erselY affect other property 78 in the same district or neighborhood because A. Consistency with '~d Development Code and Oro\\'1:h Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon \vith particular reference to automotive fuid pedestrian safety and convenience, trafiic flow and control, and access in c seaf fire or catastrophe: ( Adequate ingress No ~ C. Affects neighb ~ropcrties 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: Yes~/- No ,:'.---- -.- ( , D l~~TE: // . C) -1-/- ()I r ,., / v ., Based on the above findings, this conditional use should, with stipulatio recommended for approval to the Board of Zoning Appeals. v/~ ~/c:7u..'7-' r Agenda Item No. 7A October 28, 2008 Page 60 of 79 ( FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PEmION CU-2008-AR-13201 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. Granting the conditional use win 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 1..'1 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 sf ulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. D.lI..TE: ~,~ ZtXe MEI\1BER: s(.~~ EXHIBIT A .0,qenda Item 1\10, 7,A. 'October 28. 20G8 Page 61 of79 ( \, FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13201 The follo\\wg facts are found: 1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Lfu'"1d Development Code authorized the conditional use. 2. Granting the conditional use \\111 not adversely affect the public interest and will not adversely affect other property or uses in tbe same district or neighborhood because of: A. Consistency with the La..'"1d Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon 'Vvith 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 V 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 propeliy in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. ~ -r: IJ ff . I - j\.1E}'.1BER: ~~~A:7' / ; \. T1^Tl:;'. ,L,....'r)...L........... EXHI BIT A Agenda Item No, 7 A October 28,2008 Page 62 of 79 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13201 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. 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 7"Land Development Code and Gl'Owth 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 ingr:ss ~ess Yes /' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects/ ~o affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent propelties and other property in the district: Compatible use w~n;/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. ~ 1~ cr ~ [? ,;:~~ DATE: I 1'.1EMBER: i/'/ ~-- EXHIBIT A fc,qenda item No. 7.A , October 28, 2008 Page 63 of 79 ( FINDING OF FACT BY COLLIER COUNTY PLANNLNG COMMISSION FOR A COl\TDITIONAL USE PETITION CU-2008-AR-13201 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 u..<>e. 2. Granting the conditional use will not adversely affect the public interest and "",ill not adversely affect other property or uses in the same district or neighborhood because of A. Consistency witrt!le Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon \vith particular reference to automotive and pedestrian safety and convenience, traffic flow and control, 2U1d access in case of fire or catastrophe: i I \ Adequate in1 & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: fl. _ _ No affect or~_ Affect miiigated by -l!Il!:l{~ __ Affect cannot be mitigated D. Compatibility \vith adj acent propeliies aDd other property in the district: f I Compatible "7,(."ithiD district '{es f~O Based on the above findings, this conditional use should, witj:1 S I ulations, (copy attached) be recommended fr approvallD the Board of Zoning Appeals. I f) ATP 1{~ I 88 UPMRPR. i i~ JJNr.G.N /' -~._-_.~._-- _..~...~_."._-'--~V I I EXHIBIT A i . I Agenda Item NO.7 A October 28, 2008 Page 64 of 79 ( FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13201 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. Granting the conditional use will not adversely affect the public interest and will not adversely a..-Ffect other property or uses in the same district or neighborhood because of: A. Consistency V\rith the Land Development Code and Growth Management Plan: Yes V" No B. Ingress a..'1d egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, trafiic 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 ~ffect mitigated by _ Affect cannot be mitigated D. Compatibility with adjaoont 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 ZOnh'1g Appeals. DATE:_ 'l/if/OY . I 'l.iI'E1.ffiPD. j a __ . ~ ~ ~;1/7, ~ H J lVL iV LL'\.. 1'--1 try Irl I (, C L.--.tX./ ~ EXHIBIT A )l,oenda Item f'~o. 7/', - October 28, 2008 Page 55 of 79 BBLS SURVEYORS AND MAPPERS 1502-A Ri\lLHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239)-597-1315 FAX: (239)-597-5207 LEGAL DESCRIPTION MOR-\YA BAY RESTROOM: FACILITY A PORTION OF THE BLUEBILL AVENUE (STATE ROAD No. 846) RIGHT OF WAY LOCATED IN SECTION 29, TGWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF LOT 6, BLOCK "A" BAKER - CARROLL POINT UNIT No.2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE 62 OF THE PUBLIC RECORDS OF COLLIER COlJNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 6, BLOCK "A" BAKER - Ct\RROLL POINT UNIT No.2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE 62 OF THE P1JBLIC RECORDS OF COLLIER COUNTY, FLORlDA, THE SAME BEING A POINT ON THE SOUTHERL Y RIGHT OF \VA Y LINE OF BUJEBILL A VEr-:1JE (STATE ROAD No. 846); THENCE RlJN N.89052'20"W., i\LONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTr'\NCE OF 165.66 FEET TO THE POINT OF BEGlL~ING OF THE P AReEL OF LAND HEREIN DESCRlBED; THENCE CONTL\fUE N.89052'20"W., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 51.63 FEET TO THE SOUTHWESTERLY CORNER OF SAID RIGHT OF WAY; THEl\fCE CONTIN1JE N.89052'20"W. FOR A DISTANCE OF 5.49 FEET; THENCE RUN N.Ooo07'42"E. FOR A DISTANCE OF 20.55 FEET TO SAID SOUTHERLY RlGHT OF \VAY LH\E; THENCE RUNN.14049'20"W., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 20.13 FEET; THENCE RUN S.89052'24"E. FOR A DIST/v~CE OF 62.31 FEET; THENCE RUN S,00007'40"W. FOR A DISTA.NCE OF 40.00 FEET TO THE POINT OF BEGINNING. PA..RCEL CONTAINS 2,335.14 SQUARE FEET OR 0.054 ACRES, MORE OR LESS. CU-2008-AR-13201 REV: 2 t\1 0 RA Y A BAY PUBLIC FACILITIES Projec:t: 2008040015 lhte: 6/2/08 DUE: 6/30/08 Exhibit B SHEET 1 OF 3 Z;\PROJECTS\2D04\04129 MORYA BA Y PILE STAKEOUT 04 27 07\04129 ]~T{_LEGAL_ OVERALL 5 28 08.GOC Agenda Item NO.7 A October 28, 2008 Page 66 of 79 BEARINGS REFER TO BAKER - CARROLL POINT UNIT No.2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE 62 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. ~- OS/27/08 STEPHEN E. BERRY, STATE OF FLORIDA, (L.S. #5296) BBLS SlJRVEYORS Al'~D MAPPERS INC., (L.B. #6753) PROOFED BY_ ~cJ3 OS/27/08 SEEATTACmD SKETCH-SHEET 3 OF 3) SHEET 2 OF 3 Z:\PROJECTS\2.004\04129 MORYA BAYPTI,E STAKEO'lrr 0427 07\04129]R__LEGAL_OVERALL 528 08.coc L\gencJa Item 1\10, 7 A October 28, 2008 U~......JI 4 r-lj LEGEND P.O.C. P.D.B. No, L.S, L.B, SEC, TWSP, RNG, D.R. L7 L2 L3 L4 L5 L6 L7 UNe TABLE BEARING NB9'52'20"W NI4'49'20"W SB9'S2'24"E SOO'07'40"W NB9'52'20"W NOO'O 7'42 "E: N14'49'20"W DISTANCE 51,63 41.40 62.31 40.00 5.49 20.55 20.13 BWC, POiNT OF COMMeNCEMENT POINT OF BEGINNING NUMBEr? LICENSED SURVEYOF? UCE:NSE:D BUSINE:SS SECT/DiY TOWNSHiP RANGE OFTJCIAL RECO/?DS BOOK _ ,DAGE BUILDING Lll.JE o 20' 40' SCA,LE ," = 40' \ \ -PG. ---- ,.."...1". "............1.'..,.. ~ f~~ ~,~. r _..~--~~ \.... '.... I ........ -......... .............J ."'........ .....,........ '" '., \ -....__....._/i ~--"".. BLUEBILL A VENUE . (STA TE ROAD No. 845) ".. "'" HiGHT Or WA Y VARIES )' "".. ....~--_._----------,,-_._,----------_./ ............... . \ ""~. PUBLIC BCACf-{ _ USE: AND ",cens 1 EAseMENT [J.R. 3929.. PC. 2319 \ " , , NOR TH LINE OF SiX 29, TWSP 48 SOU TH, RiVG 25 EAST -"\ \ ~ \ \ j I i I 1-,-- /--' .7\- 1 "'\ '~ '''~ ' "SOUTf-lE:RLY"'\ /--p,v,r:. ~....., ,--=--=--~ '. PUBLiC . i ,olr;H T OF 11/ ~ Y I I \ .. . >if' ~ " NDR Ti-lEAS TERL Y \ \ ~"..LJ.m' \ \ L''?ESTROOII. BLDG, P O'B LiNE" /'\ '\ \ . Till' I" ~ ' \ r .. , .. / \ / CORNER OF LOT 61l ' ~ -IJ ~~l<'" '\ \::' .__.~J.. ;X, ;t~'52_'gq,:'_W:._//' " 165,6}5' BLOCK 'A~ C\ \ \ ;;; ',"~=~~..:. ,-~.___~~=~~=, " 217,29' / / \ \ ~ '\ \, w \ L5 --"C'n /-rUIU-("'-'-C"{:J/ Y '- (J ~ \ t= '! ,'===-', ~vL- I, nt.Cl .'~"~ J...... ....NCF? TH :"11\/[ OF LOT 6 BLOCK "A' ,""--==-='-"""0, '\ """'\ \ " ,- dj'-R'f.'mu'm;;'l.'; ~.:\-.1.~m". rn,;-CO':::;IYm"R,l'J.'[ "BAk'Ei'?- CARRO. LL POllVT UIJi T No2./j/;P"'" \, "'.~~ \../') \ \'\1 o lJ'l'I' ,1 1'.----.-1". p'ATnOO'<8PA~~~~ P' \ \ \ ~ _ U . I :;--=1.1. j~ -tkJi. Lj /. !.., I o.!:'__~.:_- 1Go/: DL ..p' \ ...., , ,_, ,e; :e;i! ,r',~.' f" '+ ,.", ,,, "" '.. ,-:/. \ 0, \ '--' tL~ _J II I---~- -"~._-_.,-_..._~-_/\;\~\ ~ \ I ~ ~_______;-'.T::"_~..-_~-,___r-"_..___~_.____..~_.. _._.....----c__.,~--~ 1\ ~,~ \ ::. \ ~ IU"-,I c::: I \ I) \ ~i'\ " IX, _ I,) I \ II " ~ \ ;:; BLOCK "A" J " II \~ -I ... ...Jj I \ l ;=; 0 D:: BA/(ER-CARPOLL PO;I'.'T UNIT No.2. III 'F\""T"t ~, \~, \\ ~ '" PLA T 8001< 8, PACE: 62 , ~ ~ \.~ \ >- ~ "/v/ORA YA SA (" J \ ,'\\ \-<. ~ J \ , \ ; NOTES: L__~ \ '\\ \ 1_ 11, BEARINGS SHOYiN' lIEREON AnE BASED ON Bp.KER- CARR:JLL ?Onl1' UNIT No,2,' , I \. ~:I, I PLAT BOOK 6, PAGE 62, COLLIER COUNTY, FLORIDA \ (, \ ~ ' \~" 'I ,,) "'-'Us PROPERTY ,. ~'un-E~T ~- -,--..-..--- --"---"'-'~"- -" L3 '" <., .l..L .. ,l::) ...;- .l,.)J "t...:' . 'v J1"';Aj t.;1J~r~l\" '1;:), Ji~;jl:.t:\'AIJUN,:'i un .' \ z RE:STRlC'l'lONS OF RECORD. I \ <:: > , '" 3.) DIMENSIONS SHOW}) HEREON ARE IN FEET AND DECH.1ALS THEREOF. SHEET30F3 \ ~ ., .. , Ii DATE; 04/22/08 SKETCH TO ACCOMPANY LEGAL DESCRIPTION j@ }'lhj~V BOOK At:L' FAGi:.:: P?ESTROOM FACILITY A PORTION OF BLUEBILL A VENUE RIGHT OF WA Y (STA TE ROAD No. 845) !~ DRAWN BY: & LOT 6, BLOCK A, BAKER CARROLL POINT UNIT NO.2 RMJ ox BSLS SURVEYORS & MAPPERS lNC. ~ A..PPfWv1':D 3:': SEB N 1502.A RAfL HEAD BL VD+ THIS IS NOT A SURVEY SCALE: 1"- 40' NAPLES,FLOR1DA 34110 (239) 597-1315 o (.,.) . -" ..,.\. ." III ::l. [ en ;:;: CD ." tii ~ I "- I \ I \ I I I I I I I I I ~ I I i . I I i ~ I ~ I I .", - g ~ I 'f2. I I~ I 'S' . I I'" I I I / I / I I j I ..... II l\) ~ ~ ~ ~I,U ~g'll~ ~ Er-'i2~z~:!l ~ _::J ~!!JOJ mlii >> rn? OJ ~ 0 i;1 ;;l ~ m .. ~ ~ 10 ~ '~ :; ;:~H'e~ ~ Oi ~ - II:: 3<.!! OJ :: ::l il: II 1" ;; ~ ~ II ~ <l ~ !} ;---' I ~ I i i I . lnLt rnL - 4- - rr1 ~ 1!::!lf D:2J I - T l' ... Ii"" I I Agenda Item NO.7 A October 28, 2008 Page 68 of 79 r ~ ""N 1:;~::!! zm~ Glrll ~ $ tD g ~ ~ r. ~ I I r- if . ~ lfl ~ '<: ." ..../ ,........ 1:1 c: i " ;;I 3 III a 9 a. r , I , , I Exhibit C Sheet 1 of 4 ~bl.1? Si ~ f ~I ~~ ml l~ Ii It Bluebill Avenue Beach Toilet Facilities Collier County Parks and Recrea1ioll Naples, Flor,de 34109 My Architect, Inc. Florida Registration No, AA0003016 Van AUken Millar AIi'Archllect Horide Re91stratlon No, AR0009Se9 2335 Mont Claire Ort1611'202 Naples. Florida 34109-4321 Phone: (239) 254-9931 Fax: (239) 254-9932 E-Mail: vanmlller@comcast,not CU-2008-AR-l32QI REV; 2 MORAY A BAY I'UBUC FACILITIES Project: 200S04001S Dato,81712/08 .J L\Qenda Item No, 7 A - October 28, 2008 Page 69 of 79 \ \ I m x -i m ::0 is ::0 I co ~ I r- n 0 I~ z (I) -< ~ r- ::0 .... --~ ------ ~ '" ;;; ) j I lA '''' j~ LF,.- r I I , I~ i !~ I' :: ) J I I ! . '" q I ---.---- -+-T 17'~e" fl'~o" v ;; :1'-8~ I " ~I HI' l Exhibit C 'I Sheet 2 of4 ." 'I I I' ! r n'oa mO'" 1 0' 0'", ~ >1"'1 7!l>!&9 "tIjl1') 00 0 ~~ h FJ'~ ~r I My Architect, Inc. ... I (:) "U r;7Iocnmm-/ Bluebill Avenue Beach ;~~o~z Florid. Regislr.Uon No, AAOD~3(] 16 ;;; H 1~~~1 01 I~ (,,;.) ::l ~ \0 T.......il......+ C....."";li.J.:.-...... Van Auken Miller AtAArchUeCl >!I'rl "' Ii~ I UIIOI,. J ClvIJH,IC~ Florida Registration No, AROOO9589 . Comer County Parks and Recreation 2335 Mont Claire Dnve H202. I\.) ~... 5: l!"'.. ~ ;rn !( ,-rl Ii Napies. r{orlda 34109 Naples, Florida 34109-4321 ~ ~ I Phon.: (239) 254-9931 - !if FoX- (Z39) 254-9932 5 1- ig E-Mail: \.:snmi:ler@cO:'T1castnet I ~ I if;. I I I I I I I I I I 1 -1-1-__1_1___ _. _'_L........-LL._ l.....--.J _;_ ~____________________ I North Elevation FINrSH FLOOR" -i8.33NGV1)---- ,_ U_N..D/;!lSIIl>' ,Qf. . _ _ STRUCl1.lRE FEMARQO ELEv. - 15.33 NGVO GMQ!i,.ATJ!LD.fi f.U'V ~ 5.33 NGVD ELEVATOR PIT '" -{ONGVO-'- 1/8" = 1'oC" I I I - ''--- FIN:SH FI.,OaFe::;: lB.33to1GVO UNDERSIDE OF STRUCTURE i=f::t'M'r<<rD l::'iJ:v~ 15."33- - toIGVO GRADE AT BLOG .., 5.33 NG\ID 2 ELEVATOR PIT c: 1.0 NGVD ,---'-----'---- East Elevation 1/S" 1'..0" Agenda Item No, 7 A October 28, 2008 C,,);:! Page 70 of 79 .....0 ;2::; .c:CD )( CD W.c: en -, ~ lli ~ ~n~~;; ! -~.!!!E ~..I!:!:l B t5 dS dlil! :i;~f Q)Z<Zdl;1jN~ :g ~UHiil," () ~~~g~7!:a. ~ ~~~:E i~ ~~ ~~tt~if&l..1 ~~~j!lz w .c ~ 8 Q) (/) ~DJ CO .~ ~ Q Q) ~ "i ~ '(3 lij III alIfH > .0....... <( Qi ".j( == ~~f ill ~ -~ .2 8 ell .& JJ191D8 SklllHDIAdcled !:l I I /IA,IroJitK, DATI: I j~UE DAlE: Oc.tob<< 1$. 2001 -~~TNO;n5.s!l8 CAD FIl.E- NAlJE:MlI)oPJ.lkUlld~ '.f*, Y. ORAWN BY: 'lAM C.HECKED 8'1'; ~ C(\PYRlGH: MyAr1:hlloctint; SHEETTrTle North & East Elevations 03.3 A(~nda Item NO.7,:" o .,!!clober 28.2008 ~ 0 Page 71 of79 :QV .- .... -cQ) X Q) W.r; en ~ . GRADE AT 8LDG = '.33 NGVD - ~ _:_I__----2-_~I__I______LJ_._ __~_____L~-- -~~~:~~{b~~~Ag=-. _ ~ l .::..:-_ _ _ _ _ _ __ _ __ _ _ _ _ _ __. _ _ _ 3 1'-0" o ~~!N 1D ~~~~~ij~~>> U ~~,,~~~8!s 2 ~~~~~~~~ :c ~igg~~~~ 2 i~i]~;~i <( ~~~~~.~~=;g >"'-o~32f')Z ::! zr>~N "' .c 0 ~ co (/llii Q) I1l Q) 15 0> Q) :p &~ =~~ ~ o ro m (j) &: ~ li ~ &'''- ~f-~ .- c OJ :0 o UZ Q) Fj ::l " in () ~:..g~:= ttAr::K DATE 1 ISSUEnA~Octcber16..2J01 cr.o JFI~E ~~E:~""'P_'l3lIlo\;k-:- 't;;o;lf\;;NE B':': VAh'I DRAWN BY: \JAM CHECI,E[) 8~ VAA~ " "rAFI;. "'''',; Inr $!iEETTtTt.!:. South and West Elevations 03.4 GR;.'\DC: AT SLOG :; ~.3,;l NG\. =LEVATOR P!T / GRt-\DE BEAMS"'- 'i""o'llNGVD- 4 West Elevation 1/8" = 1'.0" + ~ri 4- Agenda Item NO.7 A October 28, 2008 Page 72 of 79 Condition of Approval CU-2008-AR-13201 The Conditional Use is limited to what is shown on the four-page conceptual site plan, identified as "Bluebill A venue Beach Toilet Facilities," prepared by My Architect, Inc., as revised through 3/19/08, to allow for public facilities limited to public restroom facilities. The site plan noted is conceptual in nature for conditional use approval. The fmal design must be in compliance \vith all applicable federal, state, and COWlty laws and regulations. Revised 9-3-08 EXHIBIT 0 l\genda Item f\jo, 7/\ October 28, 2008 Page 73 of 79 From: J flan241 (E~aol.com Sent: Friday, May 09, 2008 11 :02 AM To: DeselemKay; fiala_d; HalasFrank; henning_t; CoyleFred; ColettaJim Subject: Re: Moraya Bay Beach CD 2006-AR-II046 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 (Offi ce) 781-254-8910 (Cell) 239-352-0509 (Fax) Jflan241 @aol.com (EMail Direct) In a message dated 4/29/20084:15:08 PM Eastern Standard Time, KayDeselem@colliergov,net writes: here is some information as you requested, Kay Deselem, AICP Zoning & Land Development Review Department Community Developrnent & Environrnenta! Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239,252.2931 Fax: 239,252.6357 \Vondeling what's for Dinner Tonight? (;;:1 lIt'W tv,j:-;b on fdmiiv (inorit.:s 31 .'\OL Food. Agenda Itema/jlpl.17M2 Octobet::m=;:ZOO"El Page 74 of 79 DeselemKay From: SchmittJoseph 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 1u- Joseph K. Schmitt Administrator Community Development and Environmental Services Division office - (239) 403-2385f2390 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 Cc: SchmittJoseph; LeaSandra Subject: FW: Moyra Bay Private Beach Club FYI From: alexob1@comcast.net [mailto:alexobl@comcast.net] Sent: Monday, May 07, 2007 2:15 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 number of people that could be on the PRIV A TE 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 wiB 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 PRIVATE beach club for its off site members they have requested for the folloV\o1ng: - Conditional Use Permit - Flood Damage Prevention Variance - Setback Variance They do not have the amount of property to complete the PRIVATE part of the beach club for off site residents, 5/9/2007 .t>genda It~ f\e97n'\'2 October !Hi, 2iJoo · only for the residents of the condo itself. The proposed facility would have many things for the PRlv'l!\ Wf 79 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 storm 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 normally) and a lose for all the residents. The developer will be gone and we \\rill 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. # 20 I Naples, FL 34108 alexob l@comcast.net 5/9/2007 Agenda Item No, 7 A October 28,2008 Page 76 of 79 April 0 I, 2009 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. .. ' ~I!lC~rt.:l> . L '.' , " !z:i h,(,lZd 209 Lexington A venue Iowa City, IA 52246 And 3 Bluebill A venue, #703 Naples, FL 34108 L::jenda Item No.7 A , October 28, 2008 Page 77 of 79 5 Bluebill Ave. #603 Naples Florida 34108 April 15, 2008 Mr. Mark P. Strain, Chairman Collier County Planning Commission 2800 No. Horseshoe Drive Naples, Florida ID ~@~nv~~ I ~ ~ . Re: Petition Cu-2006-j~~-11046, Moraya Bay Beach Club I would register my objection to approval of the conditional use petition on the basis that it would significantly adversely effect the public interest. 1, I think the public restrooms are inappropriately located outside the footprint of the Towers. No one appears to be concerned about the quality oflife for Tower occupants and the abutters being exposed to the odors from the restrooms. Both the County and the Developer should expect significant civil actions from the tower owners for lack of due diligence in protecting their interests. 2, The restrooms as noted at the meeting at St. John's last Spring, located in the flood zone are subject to tidal surge which couId contaminate the environ with septic overflow. I noticed that there are restrooms to be provided on the second floor of the Club. Were these also to be made available. 3, We were promised a twenty foot wide access to the beach similar to that already in place. The plot plan has the restrooms blocking access. Do we have to go through the restrooms, out the back door and find our way down a ten foot strip to the beach. This violates the firm agreement on access and is another reason for denying the petition. 4, Visualize the automobile and pedestrian traffic congestion at the beach and park entrances. We have the developer shuttling in the 250 nonresident members on the half hour (who knows from where) and trying to make the two lane turn around. Pedestria'1S are trying to angle across the intersection to the access. Our lone officer (sometimes) is attempting to force the line over the bridge to turn left with the park vehicles backed up to the intersection. Some traffic going north on Gulf Shore want a left turn into the Park while residents of Bal~er Island struggle to gain entran~e and exit fTOm and to their condos. Approving the petition would effectively destroy all aspects of the communities enjoyment of the beach and park by restricting ease of access. Please disallow Petition CU-2006-AR-ll 046 Very truly yours, ~~ :;. o~~h Joseph F. O'Shaughnessy Agenda Item No.7 A October 28, 2008 Page 78 or 79 RECEIVED APR 1 0 2008 .L/~ '0 A /) IJ~ (I ZONING DEPARTMENT 6&1, O?~J eV.-:.;l,"tJ~~g- l/tJf~ - .-.---.---- /M 1+ ..-L ,/ _ /) /J _ ' r '/ /1:2- . O~ ?1,rr;- ,~~ --tL f~~ ~ ~.- ~.~7d -tJ;~ . ..-.. --4 ~ ~ /b ?~~g~-:-,~- ~~~-~~-<!~~-~- _~__fA...__ . _ ~___ ~ i..J - ~ tJ C. ,- IT K?- --'--Lo~6 &. -----_.~._----~-----~.. -- -----~._~---_.__.- -.- ---..... --~._~_._-_._._-- __u___ _ ~/',....//.fi.."llzdh~k Mu.. __ .__._________~J1t-.LJ~~/f2"'. ______4t1p~t;;p.L--.E..d:'L d i.'Z_________ -- --- v ______ __________ _-{.j2~b)-i-txd.-~-- -- ______n .-- --------.---.--- ----------_.~--_.__._--- ~-------------------- _.._---_._~._---- -------~--------- ---~-----~--- - --- ------ -- ----- ----'-- ...-_._----_.,-_.~_.~--~-,.._._--_._------ ,..-.--. ._-_.._---_._---~~--_._-~-- .._---_._------_.._-------~--_.~-~~.~----_._~~_.~-- --_._--~._-_._----~--,---------~---_._-_.~~--- .<\qenda item 1\10, 7 A -- October 28, 2003 Pa;:Je 79 of 79 AP ARTMENT 203, V ANDERBIL T GULFSIDE 2 10851 GULF SHORE DRIVE, NAPLES, FLORIDA 34108 Ms Kay Deselem AI CP Principal Planner Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples Florida 34108 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 parccllocated on the SW corner of Gulf Shore Drive and Bluebill Avenue at 11125 Gulf Shore Drive. We attended the public meeting all 23 April 2007 with regard to the above application and wish to register our opposition to the above application for the fo Howing reasons: 1. The proposed use of the parcel (for a private club and 6 public toilets) will cause even greater 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 ofa 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 properties that have been approved for condominium use only. We also wish to protest t11e arrangement that V.r. 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 dming the summer and early fall. We request that the hearing be defcred until late fall ( late November /carly December) Yours truly /) ~-'/ r /7 '7~"t-- /'" /.j /,-, L~'>,,__,,-,_,,_~ ",' Jack Poznanskfand Dulcie Poznansky f)v"Lc:e R~ ('~,~j~) , // .. r-"li ~ rv.. t-- f 'l 1,...-__ Mt:l,.t:1 V t:U APH 2 7 2007 ZONING DEPARTMENT