Resolution 1994-733
October 11, 1994
(2514)
It.. _13A2
RESOLUTIOK ~4-733 RE PETITION CO-94-13, ALAN D. REYNOLDS OV NILSON,
MILLER, BARTOK AKD PEEK, INC., REPRESENTIRG BONITA BAY PROPERTIES,
IRC., REQUESTIKG COKDITIONAL OSES -1- AND -16- OV THE RURAL
AGRICULTURAL ZOKING DISTRICT POR EARTH MIRIRG AND GOLP COURSES _
ADOPTED
Legal notice having been published in the Naples Daily News on
September 25, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Planner Sam Saadeh stated that the petitioner is :requesting
Conditional Uses 1 and 16 of the Rural Agricultural Zoning District
for earth mining and golf courses. He said that the proposed con-
ditional use will allow for two 18 hole golf courses, club house with
accessory cocktail lounge, snack bar, 200 seat restaurant, 2,000
square foot pro shop, cart barn, m~intenance building and other
accessory uses as listed in the ap~,lication package. He reported
that the maximum overall square footage of the structures on the site
is not to exceed 50,000 square feet. He said that in addition to
these proposed uses the petitioner is requesting approval for an earth
I,ining activity only ancillary to the construction of the golf
courses. He stated that the Collier County Planning Commission recom-
Ilended approval subject to Staff et ipulations. He sa.1d that Staff
recommends approval subject to the stipulations incorporated into the
resolution of adoption.
In response to Commissioner Norris, Mr. Reynolds representing the
petitioner, confirmed that the property is approximately 1,000 acres.
He said that there are no housing unIts involved in this petition.
Commissioner Constantine closed the public hearing.
eo.aI..Ioner Matthew. aoved, .econded by Co..I..ioner Korri. and
carried unaniaouely, that Petition 00-94-13 be approved, thereby
adopting Resolution ~4-733.
OCT 1 1 199'
RESOLUTION 94-~3
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USES "1" AND "17" IN THE "A" ZONING
DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 19 AND PART OF SECTIONS 17, 18
AND 20, TOWNSHIP 48 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 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 Condltional 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 Uses 1 and 17 of Section 2.2.2.3 in an "A" zone for
earth mining and a golf course on the property hereinafter
described, and has found as a uatter of fact (Exhibit "A") that
satisfactory Provision and arrangement has been made concerning all
applicable matters required by said regulations and in accordance
with Subsection 2.7.4.4 of the Land Davelopment 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:
aODIC oeo rA(.~ 357
-1-
OCT 1 1 199+
The petition filed by Alan D. Reynolds, AICP, of Wilson,
Miller, Barton' Peek, Inc., representing Bonita Bay Properties,
Inc., 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 Uses 1 and 17 of
Section 2.2.2.3 of the "A" zoning district for earth mining and a
golf course in accordance with the Conceptual Master Plan (Exhibit
"C") and subject to the following conditions:
a. Hauling of any lake excavated materials shall not be
permitted onto Immokalee Road.
b. The proposed golf course and accessory uses shall be
strictly for the use of the Bonita Bay Club members
and their guests and shall not be open to the qeneral
public. The Pro Shop shall be limited to 2,000 square
feet in size, the restaurant shall be limited to 200
seats or less and shall serve patrons no later than
10:00 P.M.
c. If, during the course of site clearinq, excavation or
other construction activity, any historic or
archaeological artifacts are found, all development
within the minimum area necessary to protect the
discovery shall be jmmediately stopped and the Collier
County Compliance S~rvices Department contacted.
d. Detailed utility an~ water management plans shall be
submitted at the titre of construction plan review.
e. The project's main entrance shall line up with Krape
Street (n private road).
f. The County reserves the right to collect impact fees
in accordance with the applicable ordinances in effect
at the time a final development order for the project
is issued.
g. The County reserves t:he right to modify the project's
entrance and access nhould such modifications become
necessary due to traffic or operational conditions.
Such modifications shall include median geometry and
turning movement restrictions.
h. The developer shall be responsible for the design and
construction of turn lanes on C.R. 846 necessary to
serve the project.
i. The developer shall submit, prior to final construc-
tion plan/site development plan approval, all Federal
and State permits or letters of exemption for wetland
and wildlife impacts.
aoor flr;()p1~!~~fJ
-2-
OCT t t f9~
j.
All preserved jurisdictional wetlands shall be re-
corded as conservation easements dedicated to an
approved entity and/or to Collier County with no re-
sponsibility for maintenance, and subject to the uses
and limitations similar to or as per Florida statutes,
Section 704.06.
k.
Locations of gopher tortoise burrows and gopher
tortoise relocation area(s) shall be indicated on the
construction plans/site development plans. A note on
the plans shall indicate that no work shall take place
in these locations prior to receipt of a Florida Game
and Fresh Water Fish Commission Gopher Tortoise
Relocation or "Take" Permit by Collier County.
Prior to the approval of construction plans/site
development plans, the developer shall submit a
management plan for the site. The plan shall include
exotic vegetation rn~oval and a maintenAnce schedule
for the preserve, a management plan for listed species
requiring such, and a plan addressing habitat which
may be utilized by other listed specie" after
development.
1.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Matthews
offered the foregoing
Resolution and moved for its a~option, seconded by Commissioner
Norris and upon roll call, the vote was:
AYES: Commissioner Matthews, Commissioner Norris, Commissioner
Volpe~ Commissioner Saunders, and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
11th
, 1994.
October
day of
ATTEST:
DWIGHT E. BROCK; CLERK
~t:"" "~~ VJ~
APP OVED AS T FORM AND
LEGAL SUFFICIENCY:
IllfLuiu _e.. In. &U-dJt~i:t
MARJOi!iE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-94-13 RESOLUTION/12154
~DtIr flOOuc! 359
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OCT 1 1199'
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
Fon
CU-94-13
The
1.
following facts are found:
2. 2 . i .3. I and
Section 2.2.2.3, 17 of the Land DevlOP1\1ent
Code authorized the conditional Use.
2. Granting the conditional Use will not adver.ely attect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because ot:
A. Consistency with the lAnd Development Code and
Growth Managemen~ 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 l>l:opert'ies in relation to
noise~glare, economic or odor effects:
~ No affect or Affect mitigated by
, Affect cannot be mitigated
D. Compatibility with adjacent propertie. and
other property in the district:
comp~tible~ithin district
,Yes No __
Based on the above findings, this conditional us~oui~
with stipulations, (copy attach~d) (should not) be~
recommended tor approval ,
DAT.. q)5J~y{ CHm";,.,/au:-4'a.-.A
FINDING OF FACT CHAIRMAN/md &ODt flCO "".! aGO
Exhibit "A"
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OCT 1 1199'
"
FINDING OF FACT
BY
COLLIER COUNTY PLAN~ING COMMISSION
FOR
^ CONDITIONAL USE PETITION
FOR
('11-910-11
The following facts are found:
2.2.2.3,1 end
1. section 2.2.2.3. 17 ot the Land Development
Code authorized the conditional use.
2. Grant 1ng the cond 1 t 10n/\ 1 ua.t will not adversely affect
the public interest ftnd wi):. not adversely affect other
property or lIRes in the salt'! district or neighborhood
because of:
A. consistency with the Lund Development Code and
Growth Management Pla~:~
Yes -1t::::- No
B. Ingress and egress to property and proposed
structures thereon with particular refer~nce to
'automotive and pedestrian satety and convenience,
traffic flow and control, and acces. in ca.e of
fire or catastrophe: .',
Adequate ingr~vs , egress
Yes _i/ No
C. Affects neighboring propertie. In relation to
nois" glare, economic or odor eftects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatible u~e within district
Yes v No -.-- r1
Based on the above findings, this conditional u.e~
with stipulations, (copy attached) (should not) be
recommended for approval
DATE: ((jl,})';"!
MEHBER: ~
FINDING OF FACT MEMBER/md
noo p,v,~ 361
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A 1T ACJIMENT 1
IApJ DtsaipUon
BONrr A 8A Y
EAST COLF CLUB
CONDrrlONAL USE APPLICATIO'f
Allor l!Ie "Utctly soo.oo reet or 'he IOUIM,'y 630.00 reet or die HOf1h,.,.. " or Sec:cloa II. Towublp 41 South. Ran,.
27 ENe, Collier County. Florid..
Aba ioc:'Dded lhercto allot &he Souch,.,.. !.C ot Sec:cion I', Towuhip 4' Soudl, Ran,. 27 Eut. Collier Couary. florida.
Abo ioc:luded lhercto .n or &he -<<hetly 700.00 (act ot &he ~ !.C ot Seetioa I'. TOW1IIhip 4' Soudl.IWt,. 27 East,
Collier Collllly. F1orid8.
A'eo Inc'ucJeolllaemn -II nr See,;"" 19, TOWMhlr <4, SnacJt. It_,. 27 Eat. Conier Co.ly. F1oricla. I... aIllf "cepe'"
lbererrom Ihe aoulhcr'yIOO.OO rNt .. nmnJcd In Ornei.1 RKOnI Boot 10. P.,. 319 aIllf 390. Public RIlCOI'da ot Colli.,
Coonl,. Florida.
Abo inclDded lhercto.1I ot &he NlIf1Jtwuc \ol ot Seclion 20, Towuhip'" SolIda. 1Wt,. 27 Eut, Comet Couary. flonda.
Subject 10 euemen....... rucrierltln. 0; reconI emCalnln. 914.11Cn1 more .,...
'" ~NlDot...,
Exhibit "."
600t.' om r.(,~ 362
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