Resolution 1999-062
. .
1 7 8 . ~.:
RESOLUTION 99-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A GOLF COURSE CONDITIONAL USE -17u IN THE
"Au ZONING DISTRICT PURSUANT TO SECTION
2.2.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27
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 ~nd 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
Comprehens~Ye Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which
is ~he 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 "17u of Section 2.2.2.3 in an "Au 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 Commission; and
WHEREAS, all interested parties have been given opportunity to
be heard by this Board in a public meeting assembled and the Board
having considered all matters presented.
NOW, THEREfORE BE IT RESOLVED, B~ THE BOARD OF ZONING APPEALS of
Collier County, florida that:
The petition filed by Donald A. Pickworth, P.A. representing
Naples Golf Partners 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" Zoning District for a golf course in
accordance with the Conceptual Master Plan (Exhibit "C") and subject
to the following conditions:
Lighting facilities shall be arranged in a manner that
protects roadways and neighboring properties from
direct glare or other interference.
o
Parking spaces for the disabled shall be arranged so
that the person is not required to wheel behind another
vehicle.
Pursuant to Section 2.2.25.8.1 of the Land Development
Code, if, during the course of site clearing,
excavation or other construction activity an historic
or archaeological artifact is found, all development
within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
Permits or letters of exemption from the U.S. Army
Corps of Engineers (ACOE) and the South Florida Water
Management District (SFWMD) shall be presented prior
to final site plan/construction plan approval.
An appropriate portion of native vegetation shall be
retained on site as required in Section 3.9.5.5.4. of
the Land Development Code.
An exotic vegetation removal, monitoring, and
maintenance (exotic free) plan for the site, with
emphasis on areas of retained native vegetation, shall
be submitted to Current Planning Environmental Staff
for review and approval prior to final site plan/
construction plan approval. A schedule for exotic
vegetation removal within all areas of retained native
vegetation shall be submitted with the adore mentioned
plan.
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 ~~4~, 1999.
D~I~H¥.:~..' ~ROCK, Clerk
~. siOnature'odl ~.
Approved'as' to Form and
Legal' sufficiency:
Marjo~ie M. Student
Assistant County Attorney
f/CU-98-20 ~L~OLU~ I O~i
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:~man
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-20
17El
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:
Consistency with the Land Development Code and Growth
Management Plan:
Yes /~ No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes .)<~. No
C. Affects neighboring properties in relation to noise,
, economic or d~r effects:
No affect or ~l~ Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use wi~h}n district Yes .~L No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
f/CU-98-20 FINDING OF FACT CHAIRMAH/
EXHIBIT "A"
PARCEL I: BEGINNING AT TIlE SOUTIIEAST CORNER OF TIlE SOUTttEAST QUARTER
(SE !/4) OF TIlE SOUTItWEST QUARTER (SW 1/4) OF SECTION 17 AND THE NORTIIEAST
CORNER OF Tile NORTitEAST QUARTER (NE I;4) OF THE NORTHWEST QUARTER (NW
I/4) OF SECTION 20 RUN NORTtl ALONG THE EAST BOb~DARY LINE OF TIlE EAST tlALF
(E I,~) OF TIlE SOUTIt~I~ST QUARTER (SW i/4) (APPROXIMATELY N.00°36'45"E.) FOR
129.00 FEET TO A MARKER. BEING THE POINT OF BEGINNING, THENCE CONTINUE
ALONG SAID EAST BOUNDARY LINE AT N.00°36'45"E. FOR 2551.34 FEET TO A
CONCRETE MARKER, SAME BEING THE NORTHEAST CORNER OF THE NORTHEAST
QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION 17; TIIENCE
WEST ALONG TIlE NORTI! BOb~DARY LINE OF THE NORTHEAST QUARTER (NE I/4) OF
I'ttE SOUTItWEST QUARTER (SW 1;~), (APPROXIMATELY N.88°44'00"W.), O~: SECTION 17
FOR 1326.25 FEET TO A MARKER: TIIENCE SOUTH ALONG THE WEST BOUNDARY LINE
OF TIlE EAST ttALF (E I/~) OF TIlE SOUTHWEST QUARTER (SW I/4), (APPROXIMATELY
S.00°35'20"W.) OF SECTION 17 FOR 1613.36 FEET TO MARKER, THENCE SOUTHEASTERLY
(APPROXIMATELY S33°40'50"E.) AND PARALLEL TO AND 400.00 FEET BY
PER~£.~D$C~'LAR. ,MEASU~.M~-~T TO 'TI-IS 'NOR.T1-t~L¥ RIGHT-OF-~,'A¥ LI~E OF US
HIGH g,'A Y 4 i FOR i 642.7 FEET TO THE POINT OF BEGINNING.
PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER. OF THE SOUTHEAST QUARTER.
(SE !/4) OF THE SOUTHWEST QUARTER (SW' 1/4) OF SECTION 17 AND THE NORTHEAST
CORNER OF THE NORTHEAST QUARTER (NE !/4) OF THE NORTHWEST QUARTER. (NW
!/4) OF SECTION 20 RUN NORTIt ALONG THE EAST BOUNDARY LINE OF THE EAST tlALF
(E !/2) OF THE SOUTHWEST QUARTER (SW I/4) (APPROXIMATELY N.00°36'45"E.) FOR
129.00 FEET, MORE OR LESS, TO A MARKER, THENCE NORTHWESTERLY
(APPROXIMATELY N.53°40'50"W.) ALONG A LINE PARALLEL TO AND 400 FEET BY
PERPENDICULAR MEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF US
HIGHWAY 41 (TAMIAMI TRAIL) FOR A DISTANCE OF 816.00 FEET, MORE OR LESS, TO A
POINT ON THE CENTER LINE OF AN EXISTING ROAD; WHICH BISECTS THE EAST HALF
(E !/2) OF THE WEST HALF FO SECTION 17, SAID POINT ON THE CENTER LINE OF SAID
EXISTING ROAD BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
NORTitWESTERLY LINE FOR A DISTANCE OF g22.00 FEET, MORE OR LESS, UNTIL
REACttING THE EAST BOUNDARY LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE
SOUTHWEST QUARTER (SW 1'4) OF SECTION 17 (SAID NORTItWESTERLY LINE ABUTS
THE SOUTHERLY BOUNDARY OF LAND, 63 ACRES. MORE OR LESS CONVEYED TO
HENRY C. tlIXSON BY DEED DATED JUNE 9, 1976), THENCE SOU'ttt (APPROXIMATELY
S.00°35'20"W.) ALONG SAID EAST BOUNDARY LINE FOR A DISTANCE OF 492.00 FEET,
MOR~ OR LESS, UNTIL REACHING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF US HIGHWAY 41 (TAMIAMI TRAIL); THENCE SOUTHEASTERLY ALONG THE
NORTHERLY RIGHT-OF-WAY (APPROXIMATELY S.53°40'50"E.) OF US HIGHWAY ,ti FOR
A DISTANCE OF 533.00 FEET, MORE OR LESS, TO THE CENTER LINE OF TIlE EXISTING
ROAD WHERE IT INTERSECTS AND IS PERPENDICULAR TO US HIGHWAY 41: THENCE
NORTHERLY (APPROXIMATELY N.36°I3'I0"E.) ALONG THE CENTER LINE OF SAID
ROAD FOR A DISTANCE OF ,100.00 FEET TO TIlE POINT OF BEGINNING.
t:].X tt'l' R I T"R"
P,~t,e I ~f'?
PARCEL 3: A PARCEL OF LAND LYING IN SECTION 17. TO~AZNSltlP 51 SOUTH. RANGE 27
EAST. COLLIER CoL,rNTy. FLORIDA. ALSO BEING A PART OF LANDS DESCRIBED IN
OFFICIAL RECORD BOOK 324. PAGE 149 OF THE PUBLIC RECORDS OF COLLIER
COUNTY. FLORIDA. SAID PARCEL OF LAND BEING N1ORE PARTICULARLY DESCRIBED
AS FOLLOWS:
CONIhlENCING AT THE SOUTHEAST CORNER OF TIlE SOUTHWEST QUARTER (SW I/4)
OF SAID SECTION 17~ THENCE N,00°27'26"E. ALONG TIlE EASTERLY LINE OF SAID
SOUTHWEST QUARTER (SW I/4) FOR A DISTANCE OF 128.90 FEET TO AN INTERSECTION
WITI[ A LINE 400.00 FEET NORTItEASTERLY OF AS MEASURED AT RIGHT ANGLES TO
AN PARALLEL WITIt THE NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL
(US HIGHWAY 41, STATE ROAD 90); THENCE N.54°II'31"W. ALONG SAID PARALLEL
LINE FOR A DISTANCE OF ?50.05 FEET: TtlENCE N.54°22'01"W. CONTINUING ALONG
SAID PARALLEL LINE FOR A DISTANCE OF 65.55 FEET TO AN INTERSECTION WITH THE
CENTERLINE OF AN EXISTING ROAD: TttENCE S.35°37'$9'W. ALONG SAID CENTERLINE
FOR A DISTANCE OF 400.00 FEET TO AN INTERSECTION WITH THE SAID
NORTIIEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL; THENCE N.54°22'01"W.
ALONG SAID NORTItEASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 524.47 FEET
TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WEST HALF OF THE
SOUTHWEST QUARTER (SW i/4) OF SAID SECTION 17, TIlE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN BEING DESCRIBED; THENCE N.54°22'0 i'W. CONTINUING
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL FOR A
DISTANCE OF !106.30 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN
EX[STING ROAD; THENCE N.35°37'59"E. ALONG SAID CENTERLINE FOR A DISTANCE OF
402.60 FEET; THENCE s.gg°30'23"E. FOR A DISTANCE OF 672.96 FEET TO AN
INTERSECTION WITH TIlE AFORESAID EASTERLY LINE OF TItE WEST HALF OF THE
SOUTHWEST QUARTER (SW I/4) OF SECTION 17; THENCE S.00°29'37'~V. ALONG SAID
EASTERLY LINE FOR A DISTANCE OF 965.95 FEET TO THE POINT OF BEGINNING.
ABOVE SAID THREE PARCELS OF LAND CONTAINING 82.48 ACRES, MORE OR LESS.
'l' 11111, f! lil~ I~ I!~
I~H'I+I'H'I'i+I,H+H-H-H-Ikl
t"
;1
.. ~ [
SEP 2
Exhibit "C" ,,,