Resolution 2025-217 RESOLUTION NO. 2025 -21 7
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
A PRIVATE CLUB IN A RESIDENTIAL TOURIST (RT)
ZONING DISTRICT WITHIN THE VANDERBILT BEACH
ROAD TOURIST OVERLAY (VBRTO) PURSUANT TO
SUBSECTION 2.03.02.E.1.c.5 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE
NEAR THE INTERSECTION OF BAYVIEW AVENUE IN
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35±
ACRES. [PL20240009700]
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. 2004-41, as amended) 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 Board of Zoning Appeals (Board), 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 a Conditional Use
of a private club in a Residential Tourist (RT) Zoning District within the Vanderbilt Beach Road
Tourist Overlay (VBRTO) pursuant to Subsection 2.03.02.E.1.c.5 of the Collier County Land
Development Code on the property hereinafter described, and the Collier County Planning
Commission has made findings that the granting of the Conditional Use will not adversely affect
the public interest and the specific requirements governing the Conditional Use have been met
and that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land
Development Code; 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:
[25-CPS-02602/1949710/1]34
Paraiso Club/CU-PL20240009700
6/3/25 1
Petition Number PL20240009700 filed by Robert J. Mulhere, FAICP and Ellen
Summers, AICP, of Bowman and Richard D. Yovanovich, Esq. of Coleman, Yovanovich &
Koester, P.A., representing Paraiso Club, LLC, with respect to the property hereinafter described
in Exhibit "A", be and the same is hereby approved for a Conditional Use for a private club in a
Residential Tourist (RT) Zoning District within the Vanderbilt Beach Road Tourist Overlay
(VBRTO) pursuant to Subsection 2.03.02.E.1.c.5 of the Collier County Land Development
Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the
conditions found in Exhibit "C". Exhibits "A", `B", and "C" are attached hereto and
incorporated herein by reference. The effective date of the Resolution will be the effective date
of Ordinance No.,2O2519Xor the companion rezone PL20240007340.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this / day of
Ocfo , 2025.
AT II. BOARD OF ZONING APPEALS
ESIT K. K 'ZEL, CLERK COLLIER COUNTY, FLORIDA
v s /0/ tkI;
, ' $y ,' L 1� By:
,-, j eputy Clerk urt L. Saun ers, Chairman
x,',. Attest as to Chairman's
''i 4 • ',� , signature only
r,l.o r;r i �tr""'u
Approved as to form and legality:
0c.....
eidi shton-Cicko 7-14-25
Managing Assistant County Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C—Conditions of Approval
[25-CP 5-02602/1949710/1134
Paraiso Club/CU-PL20240009700
6/3/25 2
Exhibit A
Property Description as Furnished..
Lot 31, Block A,RE-SUBDIVIS1ON OF PART OF CONNER'S VANDERBIL T BEACH ESTATES, UNIT NO. 1,according to
the plat thereof as recorded in Plat Book 3,Page 18, of the Public Records of Collier County,Florida,
AND
Lot 32,Block A,RE-SUBDIVIS1ON OF PART OF CONNER'S VANDERBILT BEACH ESTATES, UNIT Na 1,according to
(hop/at thereof as recorded in Plat Book 3,Page 18,of the Public Records of Collier County,Florida
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9 iev. DESCRIPTION DM
Exhibit C—Conditions of Approval
Paraiso Club Conditional Use
PL20240009700
1. No building or structure shall exceed a zoned building height of thirty-eight(38) feet, and
an actual height of fifty-seven(57) feet
2. The facility shall be open only between the hours of 8:00 a.m. and remain open until 11:00
p.m, except that the use of pools and access to the beach will cease one hour after sunset.
All users must depart the facility within 30 minutes after the allotted closing time. The
Owner shall be responsible for strictly enforcing the hours.
3. 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.
4. Trash and garbage receptables will be enclosed and will be removed from the beach-side
facilities at the close of each operating day.
5. The roof of any buildings on the site, and the pool deck, will be of a non-glare material in
a muted color.
6. 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.
7. Lighting, windows, and doors shall comply with LDC Section 3.04.02 B. regarding sea
turtle protection, specifically visible light and window transmittance values of 45%or less.
8. Parking areas will be utilized only by authorized users of the facility and will have means
to prevent ingress and egress to the parking area during non-operating hours.
9. Members shall be prohibited from driving to and from the beach club, except those with
disabilities or special needs. The Owner shall require all members to adhere to this
restriction as part of their membership agreement.
10. Members shall be transported to the club via Paraiso's luxury shuttles.
11. The Owner will attempt to arrange for food and other vendor deliveries to be scheduled
during times when traffic volume is at its lowest, such as in the early morning.
12. The Owner shall promote bicycling and walking to the club for members and staff by
providing bicycle racks within the building footprint and pedestrian connectivity to the
existing sidewalk along Gulf Shore Drive.
13. 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 beach area between by the north and south
property lines of the club,extended to the edge of the water.Notwithstanding the foregoing,
Paraiso Club, LLC, its successors or assigns, will retain a 15-foot sandy beach area
landward of the Mean High Water Line for public use.
14. The maximum total daily trip generation for the Conditional Use shall not exceed 19 two-
way PM peak hour net rips based on the use codes in the ITE manual on trip generation
rates in effect at the time of application for SDP/SDPA or subdivision plat approval.
[25-CPS-02602/1979090/1]\\bcc.colliergov.net\data\CPSHARE\CPWin\History\251010_0001\[1979090]Exhibit C-Conditions of Approval(6-2-2025)revised 10-
14-25.docx with revision to#13 10-14-25
15. A beach dune vegetation restoration plan for the subject site shall be provided at time of
SDP or subdivision plat.
16. All other applicable state or federal permits must be obtained before commencement of the
development.
17. 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.
[25-CPS-02602/1979090/1]\\bcc.colliergov.net\data\CPSHARE\CPWin\History\251010_0001\[1979090]Exhibit C-Conditions of Approval(6-2-2025)revised 10-
14-25.docx with revision to#13 10-14-25