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Resolution 1999-084 . . '. /JA/ . . . . .; RESOLUTION99-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRIVATE GOLF COURSE AND CLUBHOUSE FACILITY CONDITIONAL USE "17H IN THE "AH ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 24 AND 25, TOWNSHIP 49 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 "17H of Section 2.2.2.3 in an "AH Zone for a private golf course and clubhouse facility 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, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: ,._...._..."."..___._..,.___<._~__~__._.....H__._ -,. __. The petition fii.~d by Emilio J. Robau, P.E. of RWA, Inc., representing Hideout Golf Club, Ltd., 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 private golf course and clubhouse facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vete. Done this Signature only. ATTEST: DWIGHT E. BROCK, Clerk Ap~qved as to Form and Legal Sufficiency: Assistant County Attorney day.~, of ~, 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA / BY:~ M~A_C~ /~ f/CU-98-22 RESOLUTION FINDING OF FACT BY COLLIER COUNTY P~%INING COMMISSION FOR A CONqDiTIONAL USE PETITION ' FOR 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'idistrict or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes '~/No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~ egress Yes ~-'-No C o De Affects neighborin9 properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated b ~ /ff~/C Affect cannot be mitigated ~C,'~,, Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 6/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval . DATE: CHAI III :'/$z¢ / IRACTS ?~t. 2Y. 30..52. 5.5 Alii) 34. I}~E %LIDI)I'¢I'~IOI'i OF ~[('llON 24, I49S.. A~;RL IRACI'~ A~ RKCORI)I.f) IIJ [)IAI flC.lk 4, PAC;L ~4, COLLIER COIJUP~ FLORIDA f'l. lDllC RECORI)S. MORE PARHCUIARLY DESCRIDED A3 [OLLOWS ' (OMMEtICIIJG Al litE SOtllitw[$1 r'flRliLI1 I~r 5[CllOtl '24, TOWNSItlP 49 SOLIIlt, RANG[ ~lJOE~Sl~3tl or S[.C[i(//~ 24, r.4~.~., ~.~6[. IHTO 1~ ACRE TRACTS AS RECORDED ~N PlAT OO(~K ,I. PAGE ~4, COLI.IE~ COUNIY FIORII~A PUBLIC RFCODDS; THfNCE ti 00'59'50"w. ~LONG 1HE w[_~[ I IH~ Or SAID 5[C11OH AtlO H{E wEST LINE or SAID N OJJ'Sq'50"W. ALONG ~,AID WESt LINE rOE 71qO7 rE[.t TO TII~ NoRrlfwEst CORNER ~1 JOE 527.89 F~E[ IO 111[ Hr)~TIIEA%J COR~I[P Or SAID Il?AC1 ,~1: 111E~IC[. : ';OO'58'45"W. A[.O~J(; THE COMMfJH t.l[l[ Or JPA[:[ ~1 AND 1PACT 30 FOR 7lq. SD ~[LI; H~Lt~c.L ~.88'52'08"w. l'c)p 52166 FEEl Ir) Ill[. POINf or gEOl/,t~llNG LOMIA[.tl~.ltfl; Al T}IK SoiIrllw[,;[ CORIILR OF c,CC[iON ~4 ATT[) lifE. /IORTIIWEST R['GIIIIIII.IG, Ill[tlC[ CONTIIIU[ ~,(lg'SJ'~,(l"[ AliIN(; SAID W~S{ I. III{L; fOB 100800 riel,. INEt/CE //.89'07'24"r rt)P ~98095 rEEl. [IIEUC[ /{.00'~8:51'W. FOR rl,)F.'IIIwE~T r')tlE (JIJARILS' (NWl/4) ClF SAID SECTION YS; {llEllC[ ll Ol'OO'3o'r :',Co'S/'ll"F fOR 1()12.[).1 FEll IH[N('F ';Rq'qO'Sl"W FOP I~lqr, 4 rfr. T IrI ii iii n I~11 IIIIIII I I I I III II III I I IIIII II III IIIIIII II II i iiiiiii ii i CU-98-22 Exhibit D Subject to the following Conditions: CU-98-22 1. Permits or letters ofexcmption from the U.S. Army Corps of Engineers (ACOE) and thc South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 2. An appropriate portion of native vegetation shall be retained on site its required ill Section 3.9.5.5.4. of thc Collier County Land Development Code (CCLDC). 3. An exotic vegetation removal, rr|onitoring, and maintenance (exotic free) plan for tile site, with en'~phasis 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. This plan shall include methods of exotic vegetation removal 1o be used within areas of retained native vegetation. 4. The petitioner shall conlply with tile guidelines and rcco~nmcndations of thc U.S. Fish ami Wildlife Sen'ice (USFWS) and Florida Game and Fresh \\'ater Fisll Commission (FGF\VFC) regarding impacts to protected wildlife species. Where protected species occur on site, a habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 5. A roadv.,ay surface condition survey ofthe last (southerly) mile of 23'a St. S.W., shall be submitted to the Collier County Transportation Services Department for review and approval prior to final site plan/construction plan approval. Following construction of the golf course, thc clubhouse, and the maintenance facility, the developer shall submit another survey. If, and to the extent that. the survey discloses degradation to the last mile of23'~ St. S.W. attributable to thc construction of the golf course, tile clubhouse, and the maintenance facility, thc developer shall restore that portion of the street to its pre-construction condition. Prior to the issuance of building pen'nits for the project. the petitioner shall provide reasonable financial assurances, in any of tile forms authorized for subdivision improvement guarantees, that funding will be available to make the restoration if shown as necessary by tile survey. 6. The Collier County Transportation Services Department reserves the right 1o monitor the roadway conditions to dctem'fine if roadway improvements arc required as a result traffic associated with Hideout Golf Club. If improvements are deemed necessary, the developer shall bc responsible for their proportionate share of required improvements. 7. The petitioner shall pave and maintain Brantley Boulevard from 23'" St. SW to the Clubhouse entrance, to County standards, with a minimum pavement width of twenty-two (22) feet. 8. Brantley Boulevard shall not be vacated or closed through the limits of the proposed project. 9. The GolfCourse and its accessory uses shall be limited for use by members and their guests only and shall not be open to the public. Membership shall be limited to a maxinmm of 350 people. 10. Restaurant size shall be limited to a maximum seating capacity of 150 seats and shall serve patrons not later than one hour after sunset. 1 I. Pro-shops with equipment sales shall be limited to a maximunl of 1,000 square feet in size.