Ordinance 91-106a. ~ ~ ORDIN~CE PROVIDING FOR THE ESTABLISHMENT OF "
~Z~,,~, .~b~INA, YACHT CL~ ~D PRIVATE CLUB CONDITIONAL
~'~ USES IN THE RT ZONING DISTRICT FOR PROPERTY
~CATED IN SECTION 17, TO.SHIP 48 SO.H, ~GE
25 ~ST, COLLIER CO~TY, FLORIDA; BY
ESTABLISHING THE RE~TIONSHIPS BETWEEN
O~IN~CES ~D RESOL~IONS G~TING CONDITIONAL
USES; ~D BY PROVIDING ~ EFFECTIVE DATE.
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
~HEREAS, the County pursuant thereto has adopted a Land
Develcpment Code 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
9~EREAS, 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
regula.tions made and provided, and has considered the advisability
of tLe following inter-related Conditional Uses in an RT zone; of
(i) '2" Marinas (Private), (ii) "5" Private Clubs, and (iii) "6"
Yacht Clubs, it being the express intent of all of these
conditional uses to provide for a private yacht club with
supporting and accessory boating facilities, food and beverage
facilities and other rooms intended to serve the social needs of
the private yacht club including but not limited to dining rooms,
card rooms, meeting rooms and other similar rooms devoted to the
recreational entertainment of its members on the property
hereinafter described, and has found as a matter of fact (Exhibit
"A") that satisfactory provision and arrangement has been made
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concerning all applicable matters required by said regulations and
in acccrdance with Section 2.7.4.4 of the Land Development Code for
the Collier County Planning Commission; and
W~EREAS, all interested parties have been given opportunity to
be heard by t-his 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:
SECTION ONE: Grant of Conditional Use.
Tha petition filed by Robert W. McClure representing Conklin
Point Development Corporation with respect to the property
E~%ibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Uses "2", "5"
and "6" of the RT zoning district in accordance with the Conceptual
Master ])lan (Exhibit "C") and subject to the following conditions:
1. The Planning Services Manager, may approve minor changes
in the location, siting, or height of buildings,
structures, and improvements authorized by the provisional
use. Ex~pansion of the uses identified and approved within
this provisional use application, or major changes to the
site plan submitted as part of this application, shall
require the submittal of a new provisional use
application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including
the provisions of Divicion 3.1, of the Collier County Land
Development Code (91-102).
2. The developer and all subsequent landowners are hereby
placed on notice that they are required to satisfy the
requirements of all County ordinances or codes in effect
prior to or concurrent with any subsequent development
order relating to this site subject however to the
provisions of the Development Agreement Detween the
Developer and Col.~ier County, dated November 26, 1991 and
recorded at O.R. Book 1667, Pages 1557 through 1578,
inclusive, of the Public Records of Collier County,
Florida and which are hereby made a part of condition
precedent to the approval of Petition CU-91-16. This
includes, but is not limited to, Preliminary Subdivision
Plats, Site Development Plans and any other application
that will result in the issuance of a final or final local
development order.
3. The project shall be platted if applicable in accordance
with Collier County Subdivision Regulations.
4. Detailed water management plans and calculations, signed
and sealed by a Florida Professional Engineer shall be
provided prior to construction plan approval.
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5. In accordance with the Rules of the South Florida Water
Management District, (SFWMD) Chapters 40E4 and 40E-40.
6. Water distribution, sewage collection and transmission
facilities to serve the project are to be designed,
constructed, conveyed,-owned and maintained in accordance
with Collier County Ordinance No. 88-76, as amended, and
other applicable County rules and regulations.
7. All customers connecting to the water distriDution and
sewage collection facilities to be constructed will be
customers of the County and will be billed by the County
in accordance with the County's established rates.
8. "At the time of construction plans review, petitioner
shall submit an engineering plan of the existing water and
sewer system on-site with any applicable revisions needed
to make the ~ystem work."
9. The existing off-site sewage transmission facilities of
the district must be evaluated for hydraulic capacity to
serve this project and improved as required outside the
projects boundary to provide adequate capacity to
transport the additional wastewater generated without
adverse impact to the existing transmission facilities.
Detailed paving, grading, site drainage and utility plans
shall be submitted to Project Review Services for review.
No construction permits shall be issued unless and until
approval of the proposed construction in accordance with
the submitted plans is granted by Project Review Services.
Work within Collier County right-of-way shall meet th~
requirements of Collier County right-of-way Ordinance No.
82-91.
12. A sewage pump-out facility shall be provided in an area of
easy access.
A Manatee Alert Bulletin Board, with postings of recent
manatee sightings and other environmental information,
shall be constructed.
14. "Manatee Area" signs shall be prominently posted in dock
areas.
15. Prior to Final Site Development Plan approval, a letter of
no objection from Florida Game and Fresh Water Fish
Commission to the proposed activity as it affects the
southern bald eagle, shall be presented.
1.5. The developer of the subject land shall provide at their
expense an acceleration and deceleration lane subject to
design standards as req~ired by Collier County in both the
current geometry of the roadway and shall relocate same in
the event of the four laning of Vanderbilt Road and shall
also provide a right turn out lane to provide for
uninterrupted left turn movements in both the current and
future geometry of Vanderbilt Road again all in accord
with Collier County design standards.
17. DevelQDment ~rov~s~o~: The following parameters shall
establish the maximum allowable development for components
of the provisional uses.
(i) Boat docking spaces shall be limited to 190 spaces.
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(ii) Marina activities shall not include Ory storage,
provision for boat launching and boat repairs.
(iii)A dining/restaurant area not to exceed 220 seats, a
cocktail lounge with accommodation for 80 seats
· together with meeting rooms with a seating capacity
of approximately 300 seats all within a yacht
club/private clubhouse facility/building not
exceeding 35,000 square feet are permitted.
(iv) Overnight guest unit accommodations shall not exceed
ten (10) units. Guest unit accommodations shall not
contain housekeeping facilities.
SECTION TWO: Relationship Between Ordinance And Resolution Granting
Conditional Use.
In the event that it should be determined that the grant of
conditional uses should be by resolution, then this Ordinance shall
constitute a resolution for such purpose.
SECTION THREE: Effective Date.
T~is ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED by the Board of Zoning Appeals of
Col'lief County, Florida, this _~ day of _~r , 1991.
D~TED: D~.ce~6~r xu. ~
.J~S C. "G~E~. Clerk COLLIER CO~TY, F~RIDA
BY:PATRICIA ~NE GO.NIGh, C~I~
legal. ~:~ficien~y:
~E M. STUDENT
ASSIS%'$~ CO~TY A~O~EY ~s ordinonce fi~ed with tho
fi~i-~ r~eived thi~~y
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COM~IIS$ION
FOR
A P~OVISIONAL U. SE PETITION
FOR.. ~
PU-9 I-{6
The following facts art~ found:
1.Section 7.15 b.3)(b),(c) amt~ the Zoning Ordinance
authorized the provisional use.
2. Granting the provisional 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:
A. Consistency with th~ Comprehensive Plan:
Complies with Comprehensive 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 properties in relation to
noise, glare, econcmic or odor effects:
__ No affect or __ Affect mitigated by --
____Affect cannot be mitigated
D. General compatibility with adjacent properties and
other property in the district:
Compatible use within district
Yes No
Based on the above findings, this provisional use should,
wit.h stipulations, (copy attached} (should not) be
recommended for approval
DATE: CHAIRMAN:
FINDING OF FACT CHAIR~D~N . .
EXHIBIT "A"
87
ISLAND PORTION OF CONKLIN POINT
CONKLIN 1301NT, A SUBDIVISION IN THE SOUTHEAST QUARTER (SE I/4). SECTION 17. TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, ACCORDING TO THE PLAT RECORDED
tN PLAT BOOK 8, PAGE IG, OF T~IE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA,
TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ALL RIGHT, TITLE AND INTEREST THE
GRANTORS MIGHT HAVE IN AND TO ~,ND UNDER ALL ADJACENT WATERWAYS EXTENOING OUT
50 FEET FROM APPROVED BULKHEAO LINE NO. I. AS DESCRIBEO IN BULKHEAD LINE PLAT
~OOK I, PAGE 7, COLLIER COUNTY RECORDS; LESS AND EXCEPT A PARCEL OF LAND LYING IN
SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY. FLORIDA. KNOWN AS
MAINLAND CONKLIN POINT DESCRIBE[) AS FOLLOWS:
FROM THE NORTHEAST CORNER OF CONKLIN POINT, AS RECORDED IN PLAT BOOK 8, AT PAGE
16. PUBLIC RECORD5 OF COLLIER COUNTY, FLORIDA; RUN S 00'26'00" E ALONG THE
EASTERLY LINE OF SAID CONKLIN POINT FOR 126.73 FEET TO A POINT OF CURVATURE:
THENCE RUN SOLITHERLY ALONG THE ARC OF A CURVE TO THE RIGHT OF RADIUS IBGO,O8
FEET (DELTA ANGLE 07'17'52", CHORD DISTANCE. 2.36.76 FEET, CHORD BEARING S 03'12'56"
W) FOR 2.36.92 FEET TO A POINT OF TANGENCY:, THENCE RUN S 06'51'52" W ALONG SAID
EASTERLJf LINE FOR 150,00 FEET TO A POINT OF CURVATURE: THENCE RUN SOUTHERLY
ALONG SAID EASTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT OF RADIUS 1960.08
FEET, (DI~LTA ANGLE 07'17'52". CHORD DISTANCE 249.49 FEET. CHORD BEARING S 03'12'56"
W) FOR 249.GG FEET: THENCE RUN 5 00'26'00" E ALONG SAID EASTERLY LINE FOR 139.49
FEET TO THE SOUTHEASTERLY CORNER OF SAID CONKLIN POINT; THENCE RUN S 89'16'10" W
ALONG TltE SOUTHERLY LINE OF SAID CONKLIN POINT FOR 285,00 FEET; THENCE RUN
N00'26'00" W FOR 692.99 FEET; THENCE RUN S B9'16'10" W FOR 195.00 FEET;, THENCE
RUN N 00'26'00" W FOR 207,00 FEET TO THE NORTHERLY LINE OF SAID CONKLIN POINT:
THENCE RUN N 89'16'10" E FOR 530,00 FEET ALONG THE SAID NORTHERLY LINE TO THE
NORTHEAST CORNER OF SAID CONKL.N POINT,
STA~E OF FLORIDA )
GOU}[TY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
herE,by certify that the fore~to~.n~l is a true copy o~:
Ordinance No. 91-106
which was adopted by the Board of County Commissioners on
the lTth day of December, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
Gounty Commissioners of Collier County, Flor/da, this 17th
JAMES C. GILES .,','-'
Clerk of Courts and Clerk '
Ex-officio to Board af~ '
County Commissioners
~ / / a teen K_nyon .' ~
Deputy Clerk ' '