Resolution 1999-061
.'
.l. i A.._
HESOLUTI0N 99-21-
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A GOLF COURSE CONDITIONAL USE ~17u IN THE
~AH AGRICULTURE ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which
is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby
affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of
Conditional Use "17" of Section 2.2.2.3 in an "AU Rural Agricultural
Zone for a golf course on the property hereinafter described, and has
found as a matter of fact (Exhibit "A") that satisfactory provision
and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection
2.7.4.4 of the Land Development Code for the Collier County Planning
COTl'.mission; 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 Dwight Nadeau of McAnly Engineering and
Design, Inc., representing Everglades Golf Corporation with respect
to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "17" of
Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for a
golf course in accordance with the Conceptual Master Plan (Exhibit
"C") and subject to the following conditions:
Prior to approval of construction plans, the Petitioner
shall submit to the Transportation Services Director,
evidence that the Petitioner has the right to make
improvements to Douglas Road.
2. Improvements to Douglas Road or Vanderbilt Beach Road
are not eligible for road impact fee credits.
3 o
Arterial level street lighting shall be provided at
the intersection of Douglas Road and Vanderbilt Beach
Road, prior to the issuance of a Certificate of
Occupancy.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ./~ day of ~ , 1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Attest as to Chairman's
signature only.
ATTEST:
DWIGHT Eo BROCK,% Clerk
~pproved a~ to ~orm and
~egal Sufficiency:
~arjorie ~. Studene
~8~i~tant Count7
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-17
The following facts are found:
Section 2.2.2.3.17 of the Land Development Code authorized
the conditional use.
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:
ao
Consistency with the Land Development Code and
Growth Management PYN
Yes o
B o
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 &
Yes ~/ No
Co
Affects n~ighboring properties in relation to
glare.,,~onomic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
noise,
Compatibility with adjacent properties and other
property in the district:
Compatible use~ithin district
Yes ~/ No
Based on the above findings, this con, ditional use shoul~'~ith
stipulations, (copy attached)- (.sh~--~ --~-) be recomm~zOed/for
approval
I I
/
f/CU-98-17 FINDING OF FACT MEMBER/
E~IEIT "A"
GOLF CLUB OF THE EVERGLADES
· LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE
· 27 EAST. COLLIER COUNTY. FLORIDA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TIlE EAST HALF OF SECTION 36. TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION AND THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ,.OF SAID SECTION·
· SAID PARCEL CONTAINING 261.85 ACRES MORE OR LESS, SUBJECT TO EASEMENTS· RESTRICTIONS
AXD RESERVATIONS OF RECORD
GOLF CLUB OF THE EVERGLADES
I.AND USE TARI~
C43L,a' COLq~E: lB3 '- A~