Resolution 1998-234
~
13A 1
RESOLUTION 98- 23'
A RESOLUTION PROV I DI1IG FOR THe ESTABLISHf-lENT
OF PRIVATE CLUB CONDITIONAL USr. "S" IN THE
"?,T" ZOIlIllG DISTRICT PURSUAllT TO SECTIotJ
/..2. P, . 1 0F TilE r:or.[. r ~:p COUtlT"( LMW
uE'/ELOPI~ENT coot:. FOR PROPERTf LOCATED IN
SECTIon 32, TO'fiNSHIP 48 SOUTH, RANGE 2S
EAST, COLLIER COUIIT'!, FLORI DA.
~HE?EA~, :~~ L~gislatur~ of the Stat~ 8f florida in Chapter
67-12t,~, l..:t.....s of Florida, and Chapt~[ 12~. florida Statutes, has
conferr~"'J ...,:-~ r::011i~r (:')l..lnt'j ':h~ V""',r to') r~:jt,;jblish. coordinrJte and
enforce zo~i~g dnd such busi~ess reg~ldtions as are necessary for the
protection 0E the public: and
~HEREAS. the County pursuant thereto has adopted a Land
Develop::"l'O!nt (':ode (Ordir.ance r;o. 'jl-l()21 \<"'hi:::h i~clud'.!s d
Ccmpr~hA~si~~ ZQning Ordinan~~ est~tlishi~~ r~l~latiQns for ~he
zoninr:; o~ t::n.~ticular geographio:.: di';isions -:: t!ie (:ounty. among ....'hich
is t~e qrdn~ing of Conditior.al Uses; a~d
~mS:U:hS, the Colli,=r C;Jur.ty P:unning r;cx:unission, b~ing the duly
appoint~d dnd co~stituted planning baard for the ~rea hereby
affec~ed, h~5 held ~ public hCdri~~ after noti~e as in said
regulati~~s made and p:~vided. a~d ~dS cons~de:ed i.~p an'lis~bility of
CO~ldi::iC:Li'l1 ~)se "5" af S,=ctiCil 2.2.>:.3 in an ";';T" z('"Jn'~ f0r d privat.e
club Oil the property hereir.afto::oc "::!:;;cribed, .;1:~:::I has found ,)s a. matter
of fae: iE:xhibit "An) that s3.tis!ac:.'):,y pr:Y:~s:.on <ilnd urran'Jerr.ent
have bee~ made concerni~g all ~pp:~~~ble ~~tters required by sa.id
regul/l:::>:l.S a:-ld in a:::cordance with :~,;bsectio:-I :'.7..;..; -",: '_h", L.1nd
DeveI0p~~nt Code for th~ Collier C~unty Planning ~0~~issi'~r,; and
WHEREAS, all inter~sted pdrties have be~n ~iv~rl Gpp"!tll!llty to
be heard by this Board in a public meeting assembled und the BOdrd
hav:ng considered all matters presented.
flO'tl, THEREfORE BE IT RESOLVED, BY THE BOARD Of ZONING APPEALS of
ColliJ"!" ">Jurj':y, Florida that:
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Th . [,:,.ition filed by Chzi~top,h,;r O. Wri.:ht p L. o! RWA, Inc.,
represen~ ir,-~ Twin Eagles Development Company, LTD with ~espect to the
proper:',,' ?..:.reinafter d_scr,b_j as:
".2" which is attached hereto ,~nJ inccr~orated by
herein
be and the 7]r.e is hereby approved for Conditionai Use "5" of Section
2.2.8.3 .~.f the "PT" zoning disLri,::. !or a private club in accordance
with the Conceptual Master Plan (Exhibit "q", .~nd su?,j,:ct to the
followin? ccnJitions:
The Planning 6 Technical Services Manager may approve
rlnsr changes in the location, hiring, or h,~i,jht o!
r_u:-dings, structures, and improvements authorized by
~he conditional use. Expansion of the use:~ id,~ntL~ied
~r.~ approved within this conditional use application,
.r rajor changes %o the site plan s'th~tltte'~ ds part of
this application, shall re~ulre the r~ubm:zta[ of a new
:tr. Ji:ionai use application, and shall comply with all
~:iicable County ordinance:- in elf .... a- 'he tim,t of
>.:a:r. lttal, inciudin~ 2'i'.'is: n 3.], .Fire le'.'elepment
Fian Review and Approval, :; the t':,liler 'iquntty Land
~e'.'eiopmenz Code (Ordinan~.: ::o. ~l-ili. .
approval authorizc, s '~''':' 'const r'.c'.ion .t *i~e
::~.:ilicies shown on ~he Master }ian.
The facilities shall be ccnstructed in substantial
rDnformance to the Master ~[,~n with only mini-ir
r~e'.'iations to accomm, odate the constr ;rtlcn ~rocess.
The facilities shall operate ~-.~.. as an amenity ~o che
7win Eagles Golf and Count:). Clu:. Le'.'ei-~.ment, for use
-:.l:,' by members and guest.,; ~.f the
Petitioner intends, and will, operate this [aciiity
,~ reasonable manner so th,~t it will n<.t have
';nreasonable adverse impact on adJ= .... t residen[ial
!:rzperties.
· - -acz,ztz_s shall be oper, only between 8:CO AM and
~¢~' The '
su ...... snack oar must close at that time and use
of the [ool and other facilities must cease. All users
must depart the facility within 30 minutes after
sunset. Petitioner shali ~e responsible for strictly
.~.~,~r~l,.C these hours. Tr.<- only o:-:c~:~tlons authorized
are as follows:
Overnight guests ant/ir resident manager in tile
'lying units mai· use 'hose units.
There can be as many as six events each year in
which the facility may ~e open until 10:00PM. The
maximum number of people which may be on the
premises at any one time shall be limited to 112
persons. Two (2) weeks prior to each event notice
shall be delivered to the property managers or
other owner representatives of the adjacent
properties of the date of each event.
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'7he facility will h.ave on-site management during all
hours that it is open
ret. sin on-site after cicsing to ensure that those
5peratlng day to F~e in conformance with these
stipulations are, in fact, done. In addition, the
Petitioner will pro'lido t~ the c,~nd~minium r~anaqer of
the adjoining conOomlniums the name and phone number of
a responsible person within Petitioner's crqanlzation
who can respond tc problems or emergencies at the site
during non-operating hours.
Food ger';ice will be limited to a s~r, dwich/grii! type
operation. Cooking facilities will have proper odor
scrubbing exhaust equipment. This will not apply to
barbecue-type cookers that may ke u~ed at the special
events descrlzed
Trash and garbage ~= ~ ~
~cep~a_~es will be enclosed and will
be removed from the beach-~ide facilities at the close
of each operating day.
9. The roofs of any buildings on the site, and the pool
deck, will be of a non-glare material in a muted color.
Lighting shall be designed so as to eliminate spill
over on to adjacent properties. Light poles shall be
no more than !5 feet in height and shall be of a
material and color compatible with the design of the
facility.
ii. ?arking areas will be utilized only by authorized users
cf the facility, and (on the beach-side) will have
~evices to prevent ingress and egress to the parking
area during non-operating hours.
12. Beach chairs, umbrellas, cabanas, and similar devices
g~plied by the club shall only be used on the beach in
Jr2nt of the club, defined as the Seach area within the
area enclosed by the prcFerty lines of the club,
=->:tended to the edge of th~. water.
shall be no personal ,,:atercra:~'. qr per:~onal
leoats (Hcbie Cats and ~he like], allowed on the
side.
lzz~:s in connection with access via the Vanderbilt
au-.on may not be used
....... ~c. the b~r'hi~ or mooring of
c>ats In excess of ~ '
FURTHER RESOLVED that this Resolution be recorded in the
minutes _f this Board.
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This Resolution adopted after motion, second and majority vote.
Done ~his .~/-,~ day of )'~-~..e./ , 1998.
Attest as to Chal~an's
signature
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Form and
Legal Sufficiency:
Marj.6rie !.i. Stud_hr
Assistant Count}, Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BARBARA B. BEPRY, Chairman
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDiTiONAL USE PETITION
FOR
CU- 98-7
The following facts are found:
Section 2.2.8.3.5 of the Land Development Code authorized
the conditional use.
o
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 ~
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 acc%ss in case of fire or
catastrophe:
Adequate ingress
&/egr_.e. ss
Yes C.-'- No
C. Affects neighboring properties in relation to noise,
glare, ~c~mic 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
Based on the above findings, this conditional us with
approvalstipulations,/{ ~' ~, cody/attached) ( should/~ . . no t ) b/~~~o me--~--~-a"~- f o r
f/CU-98-7 FINDING OF FACT MEMBER/
Exhibit "A"
FI~ING OF FACT
BY
COLLIER CO.STY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-7
The =
~ol!owing facts are found:
Section 2.2.8.3.5 of the Land Development Code authorized
the conditional use.
o
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:
io
Consistency with :he Land Development Code and
Growth Management P~an:
Yes ~-- No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and acc%ss in case of fire or
catastrophe:
Adequate ingress & e~ess
Yes V No
C. Affects neighboring properties in relation to noise,
glare, ec/~omic or odor effects:
~No affect or
Affect mitigated by
Affect cannot be miti_uated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use 3~ithin district
Yes .. ~/ No
Based on the above findings, this conditional use should~ with
stipulations (copy attached) L_~ .......
' ~--" ,,, :' -:--, be recommen~e~ for
approval ~ 2. ~/~~x___~
DATE: /~ ~F ~/ ~'f' MEMBER:
/
f/CU-98-7 FINDING OF FACT MEMBER/
Exhibit "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-7
The folicwing facts are found:
Section 2.2.8.3.5 of the Land Development Code authorized
the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and wii~ not adversely affect other property
cr uses in the same district or neighborhood because of:
Ao
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 acc%ss in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~ No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~<~ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (~ be ×recommended fo~
approval //-' '- A //~'/
,.,,, /
f/CU-98-7 FINDING OF FACT MEMBER/
Exhibit "A"
FINDING OF FACT
BY
COLLIER COUNTY PLAN~ING COMiMISSiON
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-7
The following facts are found:
Section 2.2.8.3.5 of the Land Development Code authorized
the conditional use.
o
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:
2onsistency with the Land Ceveicpment Code and
Growth Management Plan:
Yes I./ 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 acc%ss in case of fire or
catastrophe:
Adequate ingress & egress
Yes /~ No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
/ No affect or Affect mitigated by
Affect cannot be mitigated
D o
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
f/CU-98-7 FIelDING OF FACT MEMBER/
Exhibit "~"
FINDING OF FACT
BY
COLLIER COUNTY PLA~ING CGMMISSiCN
FOR
A CONDITIONAL USE PETITION
FOR
CU- 98-7
The following facts are found:
Sectlon 2.2.8.3.5 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and wlll not adversely affect other proper~y
or uses in the same district or nei?hborhocd because of:
A.Conslstency with the Land Deveicpmen~ Code and
Growth Management Plan:
Ye s z 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 acc%ss in case of fire or
catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise,
glare, economlc or odor effects:
,,..-' NO affect or Affect mitigated by
Affect c~'nnot~ be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within distr:ct
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached)~onot) be recommended for
approval
DATE:
f/CU-98-7 FINDING OF FACT MEMBER/
Exhibit "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-7
The following facts are found:
Section 2.2.8.3.5 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 cr neighborhood because of:
A. Consistency with the Land Deveiopmen~. 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 ingres~ & egress
Yes ~/ No
C. Affects neighboring properties in relation to noise,
glare, ecoj~omic or odor effects:
u~- No affect or
Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use w~thi~/district
Yes ~-' No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (s~) be recommended for
DATE:ap proval'~/~/ ~ RMAN~~
/ ./ ~.. CHAI ~
f/CU-98-7 FINDING OF FACT CHAIRMAN/
Exhibit "A"
' ';.' · ' t( , ' ' ,l~l~tl;" ' · 2,.-i- :.'41~""'- .
A TE~T ~ P~ or ~ND ~O ~N THE STA~,t~OR~'.~~-COLLIER.,'
L~l~ itl SECTION 52, TOWNSH~ ~ SOU~. ~NG[~.~T. BEl~ ~T ~, BL~K I.
THE PIORTH ~E ~ ~ LOT 11;,~ B ~ND ~[ S~[ ~ OF ~T;,12, BLC~K
CC. HH[R'S VAHOERBILT B~CH. SU~IVISIOH. P~T~E.E-, 5, PAGES 8 ~ g, CgLUER
COIJN~ PUBLIC RECORDS, AND. BEING FURTHER ~OA~ DESCRIB[O'.'~ FOLLOWSt
COUuEHC~NG AT A ~LROAD SP~E U~s'(~;G THE I~TI~ OF T~.~E~Ut~E OF
GULF ~HOEE DR~vE (70.00 KE~.W)DE) N4D lHE NO~:RI~T OF WAY L~'OF COUN~
ROAD NO. 5-862 ~ANDERBILT B~CH ROAD - 100.~t~ m~),. AS' S~N ON
RECORD ~T OF CONNER'S VAN~RBILT ~E~CH SU~QN, ~D I~~ON LY~'
N.80'09'~5~. A~ 36.78 FE~ FROM THE 50UrHWEST;.'~NEE OF LOT 1, ~D BLOCK
CONNEP'_~ VANOER~LT REACH SUBD~0~, IHENCE' ~05'05'W.
CEHTERL~NE OK GULF SNO~E DRY, FOR ~)~5.32 E[~;' THENCE N.81'~5'E., FOE
55 gO FED l0 THE POINT OF BEGINNING OK THE ~ST.'~EL (SNO N~H ONE HAL~' OF
LOT t,, BLOCK B ~D THE SOUiH ONE H~L~ CF LO~),)2, BL~K B); TH[~[
N.8~'~6'55"E. FOR 200.00 FEET; THENCE N08'03'05~,.~NG THE ~T LI~ 0F
BLOCK B, FOP 1gO.OD FEET; THEHCE ~ ~1'56'55~[,' FOR 200.~ F~; IHFHCE
S 08'05'05"E. ALONG THE EAST R~HT OF wA~' LINE ..OF ~O GULF S~-DR~E, FOR
I~ O0 FEET FO T~ POINT OF BEGINNING OF ~O ~j..PARCEL, .~",',~.
... , .' ~ ,
CCUU[HC~HG AT SAID POIN[ OF BEGINNing CF tHE E~C~' T~E $'~1'56'55~
ACROSS ?ID GULF SHORE DRN[, FOR' 70.00 FEEl THE~ OF '8E~"~F THE WES'T.
P~RCEL (~lb LO[ 13, BL~K A): ~HENC[ N OS'O3'OS~;'~ONG IHE.~T R~I OF WAY .
L~E OF '3A~D 5bLF SHORE DRi~,' FOR ~ FE~;~ S.81'~'~..':~ONG IRE '.
NORTH Lf~E OF ~10 LOT ~3. BL~K A, FOR 354.7 F~'~0 ~E M~H~;.WATER LINE';
OF IHS GULF OF MEXICO: THENCE' SOUTHERL3 ALONG~M~N H~'.WAT~ UNE FOR'
S~.2 FEET. MORE ~ LESS TO ~ ~ERSECTION WlT~.~.~OUTH UNE~.,~D LOT 15,
8EADI~G ~ EV56'55~. FROM lite POINI C,F 9EGINNI~ T~NCE N~r55t~'E. ALOHG
SAiO SOUIH ~[. FOR 529 2 FE~, MORE F)D ~ESS, T~.~O[N3 ~.'8EG~G OF THE
wEsr , CEL .; '., -'
PAFCEL5 COMBINED. CONTAPi 53195 'SOUAPE F[~ OR.~,22~RES, .~RE-.~' LESS.
WEST ~A~CEL CONTNNS 33196 S~[ FEfr O~ 0.~~'," MOR~ OR
Exhibit "B"
I