HEX Final Decision 2022-16HEX NO. 2022-16
HEARING EXAMINER DECISION
DATE OF HEARING.
March 24, 2022
PETITION.
Petition No. CU-PL20210001683 - Request for modification to amend conditions of approval
to a Conditional Use Resolution 2000-300 for a private club to modify conditions number 4
and 5. Condition 4 would modify the total number of people allowed and condition 5 would
modify the hours of operation for the site. The subject property is in the Residential Tourist
(RT) Zoning District, and a private club is a conditional use per Section 2.03.02.E.1.c.5 of the
Collier County Land Development Code (LDC). Subject property is .99 f acres located at
9467 Gulf Shore Drive in Section 32, Township 48 South, Range 25 East, Collier County,
Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner seeks a minor modification to amend the conditions of approval numbers 4 and 5
of the existing resolution, and environmental staff requested the addition of condition number 16
of the Conditional Use that was amended and approved in Resolution 2000-300. The Petitioner is
requesting these minor changes because some of the neighbors from the north property
are members of the private club and keeping a total count for the number on -premises is difficult,
and the changes to the hours of operation will let the private club operate with less variability
regarding closing time.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(3) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
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4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
5. A duly advertised Neighborhood Information Meeting (NIM) was held on November 29, 2021,
at the DoubleTree Hotel Conference Room, 12200 Tamiami Trail North, Naples, Florida.
There were four attendees, all in -person and none via zoom. Only one question was asked
regarding the hotel rooms on the bayside of the property, no commitments were made.
6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing.
7. The County Code of Ordinance Sec. 2-87(3)(a) directs the Hearing Examiner to review this
minor conditional use amendment by the Land Development Code Section (LDC) 10.008.D
criteria. The Hearing Examiner may grant the minor Conditional Use modification if it will
not adversely affect the public, and that satisfactory provision and arrangement has been made
for the following matters, where applicable:'
1. Section 2.03.03.E.1.c.5 of the LDC permits conditional uses in the Residential Tourist (RT)
Zoning District.
The record evidence and testimony from the public hearing reflects that the requested use
for a private club is allowed as a conditional use in the Residential Tourist
(RT) Zoning District and well as Section 2.03.07.L.5.c.v in the Vanderbilt Beach
Residential Tourist Overlay Zoning District subject to the standards and procedures
established in LDC section 10.08.00 - Conditional Use Procedures.
2. Consistency with the Land Development Code (LDC) and the Growth Management Plan
(GMP).
The record evidence and testimony from the public hearing reflects this request is
consistent with the GMP and, with the conditions proposed by staff, this project
will comply with the applicable provisions of the LDC.
3. Ingress and egress to the 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.
The record evidence and testimony from the public hearing reflects that ingress and egress
to the subject property will be limited to the access points on Gulf Shore
Drive as shown on the master site plan. The site has limited parking and has no plans to
expand the parking. Members of the club use a shuttle service from the Dunes that leaves
on the hour from the Dunes and leaves the club on the half-hour or walk to the site. The
schedule will not change with the proposed changes to the conditions. Since this site has
'The Hearing Examiner's findings are italicized.
Page 2 of 4
been developed pedestrian connection between both sides of Gulf Shore Drive has already
been established. No TIS was provided for this request.
4. The affect the Conditional Use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
The record evidence and testimony from the public hearing reflects that the facility has
taken steps to ensure that the additional hours of operations they are requesting
will minimize any negative effects on the adjacent neighbors. On the site today exists a
concrete perimeter wall as well as landscape buffer to the north and south property lines,
these will help reduce any noise and glare to the neighboring structures. In regard to odor,
the kitchen facilities are located indoors. There should be no negative economic impacts
on neighboring properties.
5. Compatibility with adjacent properties and other properties in the district.
The record evidence and testimony from the public hearing reflects that the private club
has been in existence for over 20 years and the modifications do not change
the use of the private club. The private club is compatible with the hotel /timeshare to the
south and the multistory condominium to the north.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 10.08.00.1)
of the Land Development Code to approve this Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number CU-PL20210001683, filed by Karen
Bishiop of PMS, Inc. of Naples representing Vanderbilt Beach, LLC, with respect to the property
described as .99 +/- acres and is located on both the east and west sides of Gulf shore
Drive, approximately a quarter mile north of Vanderbilt Beach Road in Section 32, Township
48 South, Range 25 East, Collier County, Florida, for the following:
• An application to modify conditions of approval numbers 4 and 5 of Resolution No. 2000-
300 to increase the total number of people allowed on site and expand the allowed hours
of operation.
Said changes are fully described in the Master Site Plan and subject to the conditions provided in
the List of Conditions attached as Exhibit "A" and as set forth below.
Page 3 of 4
ATTACHMENTS.
Exhibit A — Master Site Plan and List of Conditions
LEGAL DESCRIPTION.
The subject property is .99 +/- acres and is located on both the east and west sides of Gulf shore
Drive, approximately a quarter mile north of Vanderbilt Beach Road in Section 32, Township
48 South, Range 25 East, Collier County, Florida
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Subject to the new list of conditions provided in Exhibit "A" hereto.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
22, 2022
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 4 of 4
EXHIBIT "A"
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Zoning: No Preservation Required
CU Resolution 2000-300
BDE Resolution 2011-03 Landscape Buffers:
HEX No. 2015-20 E W N S Notes
VA-PL20150000189 Type /Width
AAA - 0150 0089 West Parcel D/* n/a B/* B/* *Width varies (existing)
East Parcel n/a D/* B/* B/* *Width varies (existing)
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Rev 2: 01/22
Rev 1:11/21
PROJECT NO
2108
5820SonnenCourt
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PREPARED FOR:
Vanderbilt Beach, LLC
PAGE 71rCE
TWIN EAGLES BEACH AND BAY CLUB
SCALE a47F'
AS WED AUG 21
ACAD ND:
2108-sp00
Fort Myers. FL 33919
Consulting Group
CONCEPTUAL MASTER PLAN
Exhibit
C. A. #28291
DRAWN BY,
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Project Management / Civil Engineering Solutions
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Subject to the following Conditions:
1. The Planning Services Department Director may approve minor changes in the location, sighting, or height of
buildings, structures, and improvements authorized by the Conditional Use. Expansion of the uses identified and
approved within this conditional use application, or major changes to the site plan submitted as part of this
application, shall require the submittal of a new conditional use application, and shall comply with all applicable
County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review, of the
Collier County Land Development Code (Ordinance No. 91-102).
2. This approval authorizes only construction of the facilities shown on the Master Plan. The facilities shall be
constructed in substantial conformance to the Master Plan with only minor deviations to accommodate the
construction process.
3. The Petitioner intends, and will, operate this facility in a reasonable manner so that it will not have an
unreasonable adverse impact on adjacent residential properties.
4. The maximum number of people which may be off in the pFereises building at any one time shall be limited to 112
persons.
5. The facilities shall be open only between the hours of 8:00 a.m. and sunset remain open until the later of (a) 30
minutes after sunset, or (b) 9:00 p.m. (10:00 p.m. during special events). The snack bar must close at that time
and use of the pool and other facilities must cease. All users must depart the facility within 30 minutes after
sunset the allotted closing time. The petitioner shall be responsible for strictly enforcing the hours. The only
exceptions authorized are as follows:
(a) Overnight guests and/or resident managers in the living units may use those units.
(b) There can be as many as six special events each year in which the facility may be open until 10:00 p.m. The
maximum number of people which may be of in the pFemises building 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 special event.
6. The facility will have on -site management during all hours that it is open and such management will also remain
on site after closing to ensure that those actions that need to be taken at the end of each operating day to be in
conformance with these stipulations are, in fact, done. In addition, the Petitioner will provide to the condominium
manager of the adjoining condominiums the name and phone number of a responsible person within the
Petitioner's organization who can respond to problems or emergencies at the site during nonoperating hours.
7. Food service will be limited to a sandwich/grill type operating. Cooking facilities will have proper odor scrubbing
exhaust equipment. This will not apply to barbecue -type cookers that may be used at the special events described
above.
8. Trash and garbage receptacles will be enclosed and will be removed from the beach -side 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.
10. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than
15 feet in height and shall be of a material and color compatible with the design of the facility.
Twin Eagles Beach and Bay Club PL20210001683 1 OF 2
Words underlined are added, Word s►gt► are deleted. Last Revised 1-26-22
EXHIBIT D
11. Parking areas will be utilized only by authorized users of the facility, and (on the beachside) will have devices to
prevent ingress and egress to the parking area during non -operating hours.
12. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front
of the club, defined as the beach area within the area enclosed by the property lines of the club, extended to the
edge of the water.
13. There shall be no personal watercraft or personal sailboats (Hobie Cats and the like) allowed on the beach side.
14. Docks in connection with access via the Vanderbilt lagoon may not be used for the berthing or mooring of boats in
excess of forty-eight (48) hours.
15. The site shall be developed in accordance with the Site Development Plan, SOP 98-119, approved September 16,
1998. Any amendments to the site plan other than minor changes as defined in stipulation #1 of Exhibit D of this
Resolution, shall require a new Conditional Use approval.
16. Lighting, windows, and doors must comply with Land Development Code 3.04.02 B regarding sea turtle protection,
specifically visible light and window transmittance values of 45% or less.
Twin Eagles Beach and Bay Club PL20210001683 2 OF 2
Words underlined are added, Wordsgk are deleted. Last Revised 1-26-22