Agenda 12/16/2008 Item # 7A
Agenda Item No. 7A
December 16, 2008
Page 1 of 81
EXECUTIVE SUMMARY
CU-2008-AR-13201: VI Ltd, Limited Partnership and Collier County Parks and
Recreation, represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson,
Yovanovich & Koester, P.A., is requesting a Conditional Use in the Residential Tourist
(RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO)
and the RMF-16 Zoning District, pursuant to Section 2.01.03.G.1.e of the Land
Development Code (LDC) for an essential service to allow for government facilities (limited
to public restroom facilities). The subject property is located at the west end of Bluebill
Avenue right-of-way in Section 29, Township 48 South, Range 25 East, Collier County,
Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) acting as the Board of Zoning Appeals
(BZA) consider an application for a Conditional Use to permit a government facility (limited to
public restroom facilities) and ensure the project is in hannony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS:
The petitioners are proposing a Conditional Use pursuant to 2.01.03.G.l.e. of the LDC to allow
for a government facility (limited to public restroom facilities) that will be constructed within the
public right-of-way and partially within the Moraya Bay Beach Club property. That portion of
the Beach Club property is to be transferred to Collier County in fee simple title (see details on
page 4 of this Executive Summary).
The subject site is currently zoned RMF-16 and Residential Tourist (RT) and is also within the
Vanderbilt Beach Resort Tourist Overlay district (VBRTO). The Collier County Parks and
Recreation Department is a co-applicant in this petition because the restroom facility will be
constructed and managed under that County authority. Since a small triangular portion of the
site is currently within the Moraya Bay property, that entity is also required to be a co-applicant
as well.
The restroom facility to serve this area has been evolving over time. A Conditional Use
application was submitted on December 22, 2006, seeking approval of a private club in petition
number CU-2006-AR- 11 046 which will be heard at a later date. The restroom facility was going
to be on the lower story of a new building that was to house the private club on the Moraya Bay
property. That Conditional Use application was revised to move the private club into the
residential building that is currently under construction (known as the Moraya Bay Beach
Tower) rather than constructing any new buildings for the private club.
The Moraya Bay Beach Tower is being constructed under the auspices of SDP-2004-AR-6141
that was approved on November 27,2005, and the settlement agreement entered into on June 14,
Restroom Facilities, CU-2008-AR-13201
October 28, 2008 BCC hearing
] of 5
Agenda Item No. 7A
December 16, 2008
Page 2 of 81
2005, between the Board of County Commissioners, Van-Dev, Inc. and Vanderbilt Beach
Assoc., Ltd. A copy of that agreement is included in the application package. The Moraya Bay
Beach Tower replaces the former structure on site, the Vanderbilt Inn, which was demolished.
The Moraya Bay Beach Tower is an I I-story building over 2 levels of parking. The restroom
facility will be constructed mostly within the county's right-of-way through an agreement
between the Parks and Recreation Department and the Transportation Services Division.
FISCAL IMPACT:
The Conditional Use by and of itself, will have no fiscal impact on Collier County. Based upon
the proposed public restroom use that this Conditional Use approval would allow, there should
not be a negative fiscal impact on Collier County public facilities because the restroom facility
will be a County Parks and Recreation Department facility.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of new development on public facilities however the proposed use should not have an
impact on public facilities because the restroom is a public facility not new development. The
restroom facilities cost was provided for at least in part by the settlement agreement noted above.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property is located within the Urban
designated area (Urban - Mixed Use District, Urban Residential Subdistrict) as identified on the
Countywide Future Land Use Map, and is within the Coastal High Hazard Area. This
designation is intended to accommodate a variety of residential and non-residential uses,
including essential services as defined in the LDC. Government Facilities are identified in the
LDC as "conditional essential services" in most zoning districts, including the RMF-16 and RT
zoning districts as well as the VBRTO on the subject site.
The proposed use is consistent with the Future Land Use Element (FLUE) via FLUE Policy 5.5
which encourages:
. . . the use of land presently designated for urban intensity uses before designating other
areas for urban intensity uses. This shall occur by planningfor the expansion of County
owned and operated public facilities and services to existing lands designated for urban
intensity uses. . . . .
Restroom Facilities, CU-2008-AR-13201
October 28, 2008 BCC hearing
2 of 5
Agenda Item No. 7A
December 16, 2008
Page 3 of 81
Capital Improvement Element (CIE): Policy 3.2 states:
Within the coastal high hazard area, the calculated needs for public facilities, as
represented in the Schedule of Capital Improvements, will be based on the County '01'
adoPled level of sen1ice standards and projections of fillure growth allowed by the
Future Land Use Element.
In addition, CIE Policy 3.3 states:
The County shall continue to support public access to beaches, shores and waterways.
The proposed public restroom facilities would be a complementary component of the existing
beach access and the beach access granted in the Settlement Agreement mentioned previously,
not a stand alone facility. Improvements on the existing beach access are listed in the Schedule
of Capital Improvements ofthe CIE.
Recreation and Open Space Element (ROSE): Objective 1.3 states:
Continue to ensure thaI all public developed recreational facilities, open space and beaches and
public water bodies are accessible to Ihe general public.
ROSE Policy 1.3.2 states:
Collier County shall continue 10 ensure that access to beaches. shores and waterways
remains available to Ihe public. . . .
The restroom facility that is the subject of this Conditional Use application will be constructed
on public land and therefore will be readily accessible to the general public.
ROSE Objective 1.6 states that:
Whenever possible and practical, utilize County owned properly for recreational uses.
As previously noted, the majority of the restroom facility will be placed within County owned
right-of-way. A portion of the structure will be located on Moraya Bay property. The petitioners
have explained the need to place the structure over the property line to "minimize the
encwnbrance into the Bluebill Avenue right-of-way."
Conservation and Coastal Management Element (CCME): Objective 10.2 states:
The County shall continue to insure that access 10 beaches, shores and waterways
remain available to the public and continue with its program 10 expand the availability
of such access. . . . .
The petition furthers the intent of this objective and is consistent with the goal implemented by
Policies 10.2.1 through 10.2.5.
Restroom Facilities, eU-2008-AR-13201
October 28, 2008 Bee hearing
30f5
Agenda Item No. 7 A
December 16, 2008
Page 4 of 81
Based upon the above analysis, staff believes the proposed Essential Services use, limited to
restroom facilities, and thus the Conditional Use petition to allow the use, is consistent with the
GMP.
AFFORDABLE HOUSING IMPACT:
This request contains no provisions to addrcss Affordable- Workforce housing demand because
the use is not anticipated to creatc any such demand.
ENVIRONMENTAL ISSUES:
Environmental Review: Environmental Services staff has reviewed the pctition to address any
cnvironmental concerns. Because the site consists of disturbed lands or developed right-of-way,
this project did not trigger any thresholds that would have required the submittal of an
Environmental Impact Statement, thus this petition did not require review by the Environmental
Advisory Council. Approval of this requcsted Conditional Use application is not anticipatcd to
create any adverse environmental issues.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition CU-Z008-AR-13Z0l on September 4, Z008, and by a vote of 8 to 0
recommended to forward this petition to the Board of Zoning Appeals (BZA) with a
recommendation of approval subject to the following condition;
. The Conditional Use is limitcd to what is shown on the four-page conceptual site
plan, identified as "Bluebill Avenue Beach Toilet Facilities," prepared by My
Architect, Inc., as revised through 3/19/08, to allow for public facilities limited to
public restroom facilities. The site plan noted is conceptual in naturc for conditional
use approval. The final design must bc in compliance with all applicable federal,
state, and county laws and regulations.
The CCPC voiced a concern about the separate ownership of the two parcels by the county and
thc Moraya Bay Beach Club interest. The structure's proposed location across the property line
was discussed at length at the CCPC hearing. Staff advised the CCPC that while therc are
variance procedures thru the Building Department to allow structurcs to cross a property line, the
petitioner's agent indicated that the land will be transferred to the county. That issue was the
subjcct of a CCPC directive to the petitioner. As part ofthe motion to approve this petition, the
CCPC stipulated the following:
. Prior to the time Ihis went for-ward [sic] to the Board Ihere would be an agreement
drafted and presented that would establish how that piece of property that is in the
RT zoning is to be handled.
The petitioners' agent had advised staff that an agreement to transfer the land in fee simple title
is pending. According to the petitioner's agent the agreement had been scheduled for the
September 9, Z008 Board hearing, but it was withdrawn. The petitioners' agent has assured staff
that this agreement will be signed either at the same hcaring or prior to the hcaring for this
Restroom Facilities, CU-2008-AR-13201
October 28, 2008 BCC hearing
40f5
Agenda Item No. 7A
December 16. 2008
Page 5 of 81
Conditional Use petition. If not, this Conditional Use petition will need to be continued at the
Board level or the Board could approve the Conditional Use subject to a stipulation to require the
transfer to occur prior to Site Development Plan approval.
The CCPC approval recommendation was unanimous however letters of objection have been
received; therefore this petition cannot be placed on the Swnmary Agenda.
LEGAL CONSIDERATIONS:
Before you is a recommendation by the Planning Commission for approval of a Conditional Use
authorizing a public facilities use in the RMF-16 and Residential Tourist (RT) zoning districts
within the Vanderbilt Beach Resort Overlay District. A Conditional Use is a use that is
permitted in a particular zoning district subject to certain restrictions. Decisions regarding
Conditional Uses are quasi-judicial, and all testimony given must be under oath. The attached
report and recommendations of the Planning Commission required are advisory only and are not
binding on you. Petitioner has the burden of demonstrating that the necessary requirements have
been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria
has been satisfied. In addition to meeting the necessary criteria, you may place such conditions
and safeguards as you deem appropriate to allow the use, provided that there is competent,
substantial evidence that these additional conditions and safeguards are nccessary to promote the
public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general
welfare of the neighborhood. As a further condition of approval of the Conditional Use, you
may require that suitable areas for streets, public rights-of-way, schools, parks, and other public
facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact
fee credits. Approval or denial of the Petition is by Resolution, with approval of the Conditional
Use requiring four affirmative votes of the Board. The proposed Resolution was prepared by the
County Attorney's Office and is legally sufficient for Board action. This item is quasi-judicial
and as such, it requires ex parte disclosures. (HF AC)
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals approve petition CU-Z008-AR-13Z01
subject to staffs and the CCPC conditions of approval as follows:
1. The Conditional Use is limited to what is shown on the four-page conceptual site plan,
identified as "Bluebill Avenue Beach Toilet Facilities," prepared by My Architect, Inc.,
as revised through 3/19/08, to allow for public facilities limited to public restroom
facilities. The site plan noted is conceptual in nature for conditional use approval. The
final design must be in compliance with all applicable federal, state, and county laws and
regulations.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
Restroom Facilities, CU-200S-AR-13201
October 2S, 200S BCC hearing
5 of 5
Agenda Item No. 7A
December 16, 2008
Page 6 of 81
SUPPLEMENT AL
EXECUTIVE SUMMARY
CU-2008-AR-13201: VI Ltd, Limited Partnership and Collier County Parks and
Recreation, represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson,
Yovanovich & Koester, P.A., is requesting a Conditional Use in the Residential Tourist
(RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO)
and the RMF-16 Zoning District, pursuant to Section 2.01.03.G.1.e of the Land
Development Code (LDC) for an essential service to allow for government facilities (limited
to public restroom facilities). The subject property is located at the west end of Bluebill
Avenue right-of-way in Section 29, Township 48 South, Range 25 East, Collier County,
Florida. (Companion to CU-2006-AR-l1046 and V A-2006-AR-l1064 and the land transfer
item)
SUPPLEMENTAL INFORMATION:
The Board of Zoning Appeals (BZA) originally heard this petition on October 28, 2008, and
continued the petition until December 2, 2008, to allow the petitioners time to finalize the land
transfer agreement that would transfer the triangularly shaped parcel from Moraya Bay to the
County upon which a portion of the restroom facility would be constructed. The petitioners were
unable to make the necessary arrangements to meet the December 2, 2008 BZA hearing date
deadline, thus the petition was continued to December 16, 2008.
The petitioners have not submitted any new information for the Conditional Use petition; all
information regarding the transfer of property and any related Developer's Contribution
Agreement are being provided to the BZA as part of the land transfer item that is listed
separately on the BZA's agenda.
The Department of Zoning and Land Development Review Staff recommendation for this
Conditional Use petition remains the same as noted in the staff report presented to the Collier
County Planning Commission on September 4, 2008, and the Executive Summary provided to
the BZA for the October 28, 2008 hearing.
Restroom Facilities, CU-200S-AR-13201
December 16, 200S BCC hearing 1 of 2
---"~,_"-,,,,_,,"_.._..'-'. _.--~_...~-
Agenda Item No. 7A
December 16, 2008
Page 7 of 81
RECOMMENDA nON:
Staff recommends that the Board of Zoning Appeals approve petition CU-2008-AR-13201
subject to staffs and the CCPC conditions of approval as follows:
The Conditional Use is limited to what is shown on the four-page conceptual site plan,
identified as "Bluebill Avenue Beach Toilet Facilities," prepared by My Architect, Inc.,
as revised through 3/19/08, to allow for public facilities limited to public restroom
facilities. The site plan noted is conceptual in nature for conditional use approval. The
final design must be in compliance with all applicable federal, state, and county laws
and regulations.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
Restroom Facilities, eU-2008-AR-13201
December 16, 2008 Bee hearing 2 of 2
Item Number:
Item Summary:
Meeting Date:
Page I of2
Agenda Item No. 7A
December 16, 2008
Page 8 of 81
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7A
This item continued from the November 18, 2008 BCC Meeting ThIs item requires that all
participants be sworn In and ex parte disclosure be provided by Commission members: CU-
2008~AR~ 13201: VI Ltd, Limited Partnership and Collier County Parks and Recreation,
represented by Richard D. Yovanovich of GoodJette, Coleman, Johnson, Yovanovich &
Koester, P,A.. IS requesting a Conditional Use in the Residential Tourist (RT) zoning district
and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) and the RMF-16 Zoning
District, pursuant to Land Development Code Section 2.01.03.G.1.e, to allow for public
facilities (limited to public restroom facilities) that will be constructed within the public right-of~
way and partially within the Moraya Bay Beach Club property. The subject property is located
in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (CTS)
12116/20089:00:00 AM
Prepared By
Kay Deselem, AICP
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
9/22/2008 9:33:23 AM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
11/12/20089:59 AM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
11/13/20088:52 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
Date
11/13/20082:39 PM
Approved By
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
11/13/2008 3:58 PM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
County Attorney Office
Date
12/1/20084:08 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
12/2/2008 11 :09 AM
Approved By
Joseph K. Schmitt
Community Development &
Community Development &
Environmental Services Adminstrator
Date
Community Development &
12/2120085:52 PM
file:/ /e ;\AgendaTest\Export\ 1I8-Decem ber%20 16,%202008\07. %20BOARD%200F%20...
12/1 0/2008
Page 20f2
Agenda Item No. 7A
December 16, 2008
Page 9 of 81
Environmental Services
Environmental Services Admin.
Approved By
OMS Coordinator
Applications Analyst
Information Technology
Date
Administrative Services
12/3/20089:42 AM
A pproved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
12/3/200810:42 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
12/5/20088:38 PM
fi1e://C:\AgendaTest\Export\ 11S-0ecember%20 16,%20200S\07.%20BOARO%200F%20... 12/1 0/200S
Agenda Item No. 7A
AGmRrA'i_~\~7~~
Co~T County
~ ~~ -
STAFF REPORT
COLLIER COUNTY PLANNlNG COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING: SEPTEMBER 4,2008
SUBJECT: PETITION CU-2008-AR-13201, MORAYA BAY BEACH RESTROOM
F ACILITIES (COMPANION TO CU-2006-AR-l 1046 and V A-2006-ARI1 064)
PROPERTY OWNER/AGENT:
Owner(s): VI Ltd., Limited Partnership
. 800 Laurel Oak Dr_, # 300
Naples, FL 34108
Collier County Parks & Recreation Department
3300 Santa Barbara Boulevard
Naplr.s, FL 34116
Mr. Richard D. Yovanovich
Goodlette, Coleman, Johnson Y ovanovich & Koester, P.A.
4001 Tamiami Trail N. Suite 300
Naples, FL 34103
REQUESTED ACTION:
Agent:
To have the Collier County Planning Commission (CCPe) consider an application for a
Conditional Use for an Essential Service, as provided in Section 2.01.03.G.l.e of the Collier
County Land Development Code (LDC) to allow public facilities (limited to public restroom
facilities) on a 0.05:1: acre site zoned RMF-16 and Residential Tourist (RT) and within the
Vanderbilt Beach Resort Tourist Overlay district (VBRTO).
^,
GEOGRAPIDC LOCATION:
The subject property is partially within the Moraya Bay Beach Tower property and partially
within the right-of-way of Bluebill Avenue, near the southwestern comer of the Gulf Shore
Drive and Bluebill Avenue intersection in Section 29, Township 48 South, Range 25 East,
Collier County, Florida. (See location map on the following page)
CU-2008-AR- 13201
Page 1 of9
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Agenda Item No. 7A
December 16. 2008
Page 16 of 81
PURPOSEfDESCRIPTION OF PROJECT:
The petitioners are seeking Conditional Use approval in the R!\1F-16 and Residential Tourist
(RT) and within the Vanderbilt Beach Resort Tourist Overlay district {VBRTO).Zoning
Districts, to allow for public facilities (limited to public restroom facilities) that will be
constructed within the public right-of-way and partially within the Moraya Bay Beach Club
property in compliance with Land Development Code Section 2.01.03.G.Le. The Collier
COllllty Parks and Recreation Department is a co-applicant in this petition because the restroom
facility will be constructed and managed under that County authority. Since a small triangular
portion of the site is within the Moraya Bay property, that entity has joined in the application as
well.
The restroom :facility to serve this area has been evolving. A Conditional Use application was
submitted on December 22, 2006, seeking approval of a private club in petition number CU-
2006-AR-Il046 which will be heard with this petition. TIle restroom facility was going to be on
the lower story of a new building that was to house the private club on the Moraya Bay property.
That Conditional Use application was revised to move the private club into the residential
building that is currently lUlder construction (!mown as the Moraya Bay Beach Tower) rather
than constructing any new buildings for the private club.
The Moraya Bay Beach Tower is being constructed llllder the auspices of SDP-2004-AR-6141
that was approved on November 27, 2005 and the settlement agreement entered into on June 14,
2005 between the Board of County Commissioners, Van-Dev, Inc. and Vanderbilt Beach Assoc.,
Ltd. A copy of that agreement is included in the application package. The Moraya Bay Beach
Tower replaces the former structure on site, the Vanderbilt Inn, which was demolished. The
Moraya Bay Beach Tower is an II-story building over 2 levels of parking. The restroom facility
will be constructed mostly within the county's right-of-way through ail agreement between the
Parks and Recreation Department and the Transportation Services Division.
SUBJECT
PROPERTY
(Location Is
approximate)
CU-2008-AR-13201
Page 2 of9
Agenda Item No. 7A
December 16. 2008
Page 17 of 81
SURROUNDING LAND USE & ZONING:
North: Delnor-Wiggins Pass State Park, zoned CON-ST
East: Bluebill Avenue right-of-way, then Gulf Shore Drive, then Vanderbilt Landings,
developed high rise residential structures, with a zoning designation ofRMF -16
South: Moraya Bay Beach Club, with a condominium structure under construction; then
Vanderbilt Gulfside Condominiums, developed high rise residential structUres, with
a zoning designation ofRMF-16
West: Bluebill Avenue right-of-way and portions of Moraya Bay Beach Club, then the
Gulf of Mexico
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located within the Urban designated area (Urban - Mixed Use District,
Urban Residential Subdistrict) as identified on the Countywide Future Land Use Map, and is
within the Coastal High Hazard Area. This designation is intended to accommodate a variety of
residential and non-residential uses, including essential services as defined in the LDC.
Government Facilities are identified in the LDC as "conditional essential services" in most
zoning districts, including the RMF-16 and RT zoning districts as well as the VBRTO on the
subj set site.
The proposed use is consistent with the Future Land Use Element (FLUB) via FLUB Policy 5.5
which encourages:
. . . the use of land presently designated for urban intensity uses before designating
other areas for urban intensity uses. This shall occur by planning for the expansion of
County owned and operated public facilities and services to existing lands designated
for urban intensity uses. . . . .
Capital Improvement Element (CIE) Policy 3.2 states:
Within the coastal high hazard area, the calculated needs for public facilities, as
represented in the Schedule of Capital Improvements, will be based on the County's
adopted lewl of service standards and projections of fUture growth allowed by the
Future Land Use Element.
In addition, CIE Policy 3.3 slates:
The County shall continue to support public access to beaches, shores and waterways.
The proposed public restroom facilities would be a complementary component of the existing
beach access and the beach access granted in the Settlement Agreement mentioned previously,
not a stand alone facility. Improvements on the existing beach access are listed in the Schedule
of Capital Improvements of the ClEo
Recreation and Open Space Element (ROSE) Objective 1.3 states:
Continue to ensure that all public developed recreational facilities, ope/2 space and
beaches and public water bodies are accessible to the general public.
GU-2008-AR- 13201
Page 3 of9
Agenda Item No. 7 A
December 16, 2008
Page 18 of 81
ROSE Policy 1.3.2 states:
Collier County shall continue to ensure that access to beaches, shores and waterways
remains available to the public. . . .
The restroom facility that is the subject of this Conditional Use application will be constructed
on public land and therefore will be readily accessible to the general public.
ROSE Objective 1.6 states that:
Whenever possible and practical, utilize County owned property for recreational uses.
As previously noted, the majority of the restroom facility will be placed within County owned
right-of-way. A portion of the structure will be located on Moraya Bay pmperty. The petitioners
have explalned the need to place the structure over the property line to "minimize the
encumbrance into the Bluebill Avenue right-of-way."
Conservation and Coastal Management Element (CCME) Objective 10.2 states;
The County shall continue to insure that access to beaches, shores and waterways
remain available to the public and continue. with its program to expand the
availability of such access. . . . .
The petition furthers the intent of this objective and is consistent with the goal implemented by
Policies 10.2.1 through 10,2.5.
Based upon the above analysis, staff believes the pmposed Essential Services use, limited to
restroom facilities, and thus the Conditional Use petition to allow the use, is consistent with the
OMP.
ANALYSIS:
Before any conditional use can be recommended to the Board of Zoning Appeals (BZA), the
Planning Commission must lTIlIke a finding that; I) granting approval of the conditional use will
not adversely affect the public interest; 2) all specific requirements for the individual conditional
use are met; and 3) satisfactory provisions have been made concerning the following matters,
where applicable:
1. Consistency with the Land Development Code and the Growth Management Plan.
As noted above, this pmposal is consistent with the applicable provisions of the FLUE, the
CrE and the ROSE, and would fulfill several objectives of the CCME Growth Management
Plan; therefore the petition is consistent with the overall OMP. With the conditions of
appmval included by staff, the proposal may be found consistent with all of the applicable
provisions of the LOC.
2. 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.
Transportation Planning staff has reviewed the pe1ition and there are no outstanding issues
associared with vehicular access and traffic control. As shown on the Conceptual Site Plan,
CU-2008-AR-13201
Page 4 of9
Agenda Item No. 7 A
December 16, 2008
Page 19 of 81
adequate vehicular access to the site would be afforded from Bluebill Avenue in the two-lane
vehicular turn around and easement provided as part of the June 14, 2005 Settlement
Agreement. Pedestrian access is the more likely alternative with persons accessing the
facility from the beach.
Patrons of the beach that would use the restroom facilities have parking available to them
across the bridge a1 the Conner's Vanderhilt Beach parking area that is located in front of
Wiggins Pass Landings development on the north side of Bluebill Avenue.
=
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3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
As shown in the aerial photograph on a previous page, the site in question currently is used as
part of the Delnor- Wiggins Pass State Park entrance, public beach parking and the public
access to the beach. The proposed use should have a negligible affect upon the area in
comparison to the existing uses, therefore the restroom uses should not significantly increase
noise. glare or odor or have an adverse economic impact. The restroom facilities should not
generate' additional traffic as they are being provided to serve persons already using
park/beach facilities.
4. Compatibility with adjacent properties and other property in the district.
The- Moraya Bay Beach Tower, the companion petition, is subject to the terms of the
settlement agreement referenced above. According to that settlement agreement:
The settlement offer protects the public interests served by the LOC and VBRTO
by increasing view corridors, light and air movement and decreasing canyonlzation,
by encouraging redevelopment sensitive to existing scale, compatibility and sense
of place; bv orovidino recreational facilities: and by deve/ooinG. utilizinG and
orotectino natural resources. [emphasis added]
CU-Z008-AR-13201
Page 5 of9
Agenda Item No. 7 A
December 16, 2008
Page 20 of 81
Additionally, the settlement agreement required the property owner to grant a 20-foot wide
public beach access easement, a 10-foot right-of-way easement, and an easement along the
Moraya Bay "property's northern boundary to accommodate a two-lane vehicular
turnaround." The entity that would be most affected by the restroom facility's location is the
Moraya Bay Beach property owner because a portion of the facility will be located on the
Moraya Bay Beach property and the remainder of the facility will directly abut the shared
property line.
B!_'L_~
J<<(Rff OF WAY
-.-
"""
Excerpt from Site Plan
CU-2008-AR-13201
Page 6 of9
Agenda.ltem No. 7A
December 16, 2008
Page 21 of 81
The pl'Operty owner to the north, the Delnor- Wiggins State Park should not be affected by the
restroom facility use because of the great distance from the restroom facility to any state park
structure. If anything. the restrooms could be an asset to the state park patrons as well. To
the west is the County park and then the Gulf of Mexico, so clearly no property owner to the
west would be negatively affected. To the east is Gulf Shore Drive, and then a condominium
development, Vanderbilt Landings to the south of Bluebill Avenue and Vanderbilt Towers to
the north of Bluebill Avenue. Because the restroom will be located in the Bluebill right-of-
way at the farthest point from Gulf Shore Drive, the facility will also be located relatively far
from Vanderbilt Towers and Vanderbilt Landings which will already be separated from the
restroom facility by Gulf Shore Drive and the Moraya Bay Beach residential tower building
itself, staff does not anticipate any compatibility issues between the restroom facility use and
the Vanderbilt Towers or the Vanderbilt Landings projects.
Staff believes the limited use of the site for a restroom facility only should limit the impact
the Conditional Use approval for a public use could have on neighboring property owners,
and thus, the proposed restroom facilities use should be compatible with the neighboring
properties. Furthermore, staff believes the proposed condition adequately protects the
public's interest.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition
because no protected species or wetland impacts were identified on the site.
NEIGHBORHOOD INFORMATION MEETING (NIMl:
A separate NIM was not required for this petition because the issues were determined to have
been dnly vetted during the NIM held for the Moraya Bay Beach Private Club Conditional Use
application,
The applicants/agents duly noticed and held the second NIM for the petition October 30, 2007,
5:30 PM, Twenty nine people attended, as well as the applicants' team, Zoning staff, and
officers of the Collier County Sheriffs Office.
Remarks. concerns. Questions. vetted: Questions were raised about who is building and paying
for the turnaround and what the proposal called for regarding building elevations, hours of club
operation, the number of occupants to be allowed on-site, how traffic on Bluebill Avenue and
Gulf Shore Drive will be addressed and general questions regarding the easement and right-of-
way proposals for buildings and turnaround, parking plans.
Agent/developer statements/commitments; Marla Ramsey, Public Services Division
Administrator stated, "$500,000 is eannarked for the bathrooms and turnaround, working with
the developer." She also said the bathrooms will be maintained by County Parks and Recreation
Department normally two times a day. The agent for the applicants, Mr. Rich Y ovanovich,
stated, "The beach club is inside the main building; same footprint." (The) bathrooms will be on
2nd floor, twenty feet in height from existing grade." Mr. Y ovanovich also stated the "beach
club's outdoor hours will be 7 :00 AM to one hour after sunset. The beach club's indoor hours
GU-2008-AR-13201
Page 7 of 9
Agenda Item No. 7A
December 16. 2008
Page 22 of 81
will be 7:00 AM to 11:00 PM. We're also asking for 12 exceptions for special events with
limited occupancy [Staff note: Those 12 exceptions are not within the review purview of the
conditional use], counting the 72 units and up to 250 non-resident members on site occupants,
only at night until 11;00 PM." He also stated that there will be a limit of twelve vehicles that can
be parked outside at any given time, and the developer will provide shuttle service twice per
hour. Mr. Y ovanovich sald, "The public hearings are not scheduled as of today; the right-of-way
easement and the Bluebill Extension are county owned," Sheriff's officers from the North
Naples District Substation discussed their duties relative to directing traffic on weekends and
holidays at Bluebill Avenue and Gulf Shore Drive, A non-emergency and desk phone numbers
were given to an audience member in answer to traffic concern issues. There were no statements
of opposition to the proposals discussed at this NIM and the meeting adjourned at 6:26 PM,
(Provided by Linda Bedtelyon, CDES Community Planning Coordinator)
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-
08-5-AR-13201 to the Board of Zoning Appeals (BZA) with a recommendation of approval,
subject to the following condition;
1. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Moraya Bay Beach Tower (aka Vanderbilt Inn) Conceptual Site
Plan," prepared by V anasseDaylor, as revised through April 22, 2008, to allow for
public facilities limited to public restroom facilities. The site plan noted is
conceptual in nature for conditional use approval. The final design must be in
compliance with all applicable federal, state, and county laws and regulations.
ClJ..2008-AR-13201
Page 8 of9
Agenda Item No. 7 A
December 16. 2008
Page 23 of 81
PREPARED BY:
tJ/1I' [)O.JJ~ 9~f(--- 07{
~EM, MCP, PRlNCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
~ O:~ g--/I-Of:
RA YM D V. BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~ Yn.~ 'il)s-Iog;
sUSAN M, ISTENES, AICP, DIRECTOR bAlE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
fY\(~AAi 'IJfU_~-l1rl/1J'~~,
MARJORIE . STUD T-STIRLING r -- ----0
ASSISTANT COUNTY ATTORNEY
8/Zlf(')f3
DATE
APPROVED BY:
r;;~J~(
K. SCHMITT, AD STRATOR / DATE
TY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Collier County Planning Commission:
'~~e~
"I,..c{~o r-
DATE
Staff report for the September 4, 2008 Collier County Planning Commission Meeting
Tentatively scheduled for the October 28, 2008 Board of County Commissioners Meeting
CU-200S-AR-13201
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COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
Agenda Item No. 7A
December 16 2008
2800 NORTH HORSESHO~ of 81
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
APPLICATION FOR PUBLIC HEARING FOR:
CONDITIONAL USE
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staff
ABOVE TO BE COMPLETED BY STAFF
APPLICANT INFORMATION
NAME OF APPLlCANT(S) COLLIER COUNTY PARKS AND RECREATION
ADDRESS 3300 SANTA BARBARA BLVD. CITY NAPLES STATE FL ZIP 34116
TELEPHONE # 239-353-0404 CELL # FAX #
E-MAIL
NAME OF CO-APPLICANT: VI L TD, LIMITED PARTNERSHIP.
ADDRESS: 800 LAUREL OAK DR #300, NAPLES, FL 34108
TELEPHONE: 239-566-2800 FAX: 239-566-3840
NAME OF AGENT RICHARD YOVANOVICH
FIRM GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA
ADDRESS 4001 TAMIAMI TRAIL #300 CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239-435-3535 CELL # FAX # 239-435- 1218
E-MAIL ADDRESSRYOVANOVICH@GCJLAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE
YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH
THESE REGULATIONS.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005. rev 2/12/0B
'^'~"~8~~~m ~~ H
December ~6, 2?O
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this
petition. Provide additional sheets if necessary. Information can be found on the
Board of County Commissioner's website at htto:/Iwww.collierQov.netJlndex.asox?oaQe=774
NAME OF HOMEOWNER ASSOCIATION: VANDERBILT BEACH & BAY OWNER'S
ASSOCIATION
MAILING ADDRESS 10851 GULFSHORE DR CITY NAPLES STATE FL ZIP 34108
NAME OF HOMEOWNER ASSOCIATION: GULFBREEZE PROPERTY OWNER'S ASSOC.
MAILING ADDRESS 21 BLUEBILL AVE #B102 CITY NAPLES STATE FL ZIP 34108
NAME OF HOMEOWNER ASSOCIATION: VANDERBILT YACHT & RACQUET ASSOC.
MAILING ADDRESS 11030 GULF SHORE DR CITY NAPLES STATE FL ZIP 34108
NAME OF MASTER ASSOCIATION: VANDERBILT LANDINGS CONDO ASSOC.
MAILING ADDRESS 11116 GULFSHORE DR. #802B CITY NAPLES STATE FL ZIP 34108
NAME OF CIVIC ASSOCIATION: VANDERBILT GULFSIDE CONDO ASSOC.
MAILING ADDRESS 10851 GULFSHORE DR CITY NAPLES STATE FL ZIP 34108
DISCLOSURE OF INTEREST INFORMATION
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the
entirety, tenancy in common, or joint tenancy, list all parties with an
ownership interest as well as the percentage of such interest. (Use
additional sheets if necessary).
Name and Address
Percentage of Ownership
Collier County Board Df Commission
100%
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005. rev 2/12/08
b.
If the property is owned by a CORPORATION, list the
stockholders and the percentage of stock owned by each.
Agenda Item No. 7A
December 16, 2008
ffjPaQe 27 of 81
o Icers ana
Name and Address
Percentage of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the
trust with the percentage of interest.
Name and Address
Percentage of Ownership
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list
the name of the general and/or limited partners.
Name and Address
Percentage of Ownership
SC & G Investors Inc.
Trident Development Associates, LLC
VGC II, LLC
1%
49.5%
49.5%
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/12/0B
Agenda Item No. 7A
December 16, 2008
Page 28 of 81
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals,
a Corporation, Trustee, or a Partnership, list the names of the contract
purchasers below, including the officers, stockholders, beneficiaries, or
partners.
Name and Address
Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list
all individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired I2?J leased D Term of lease 6/1/06 yrsJmos.
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates: , or
Anticipated closing date:
h. Should any changes of ownership or changes in contracts for purchase
occur subsequent to the date of application, but prior to the date of the final
public hearing, it is the responsibility of the applicant, or agent on his
behalf, to submit a supplemental disclosure of interest form.
APPLICATION FOR PUBLIC HEARING FOR CONDIT/ONAL USE - 4/14/03, rev 5/20/2005. rev 2/12/08
PROPERTY LOCATION
Agenda Item No. 7A
December 16. 2008
Page 29 of 81
I
Detailed leaal description of the propertv covered bv the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one
zoning district, include separate legal description for property involved in each district.
Applicant shall submit four (4) copies of a recent survey (completed within the last six
months, maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Section/Township/Range 29/48S/25E
Lot: Block: Subdivision: Baker Carroll Point
Plat Book Page #: Property I.D.#:
Metes & Bounds Description:
SIZE OF PROPERTY: ft. X ft. = Total Sq. Ft. 3000+/- Acres 0.07
ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: Western terminus of Bluebill
Avenue
ADJACENT ZONING AND LAND USE
Zoning
Land use
N CON-ST & RMF.16
& Vanderbilt Towers
Delnor Wiggins Pass State Park
S RT-VBRTO
E RMF-16
W N/A
Moraya Bay Beach Tower
Vanderbilt Landings
Gulf of Mexico
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property. (If
space is inadequate, attach on separate page).
Section/Township/Range 29/48/25
Lot: Block: Subdivision: Baker Carroll Point
Plat Book Page #: Property I.D.#:
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/ 12/08
Metes & Bounds Description:
Agenda Item No. 7 A
December 16, 2008
Page 30 of 81
CONDITIONAL USE REQUEST DETAIL
TVDe of Conditional Use:
This application is requesting a conditional use allowed per LDC Section 2.04.03 of the RMF-
.12 zoning district for public restrooms (type of use).
Present Use of the Property: The site has been utilized as County Right-of Way with public
beach parking as well as public access to the beach.
EVALUATION CRITERIA
Evaluation Criteria: Provide a narrative statement describing this request fDr conditional
use.
NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staffs
recDmmendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the cDnditional use will nDt adversely affect the public interest and that the specific
requirements governing the individual cDnditional use, if any, have been met, and that further,
satisfactory provision and arrangement have been made concerning the following matters,
where applicable. Please provide detailed response to each of the criterion listed
below. Specify how and why the request is consistent with each, (Attach additional
pages as may be necessary).
a. Describe how the prDject is consistent with the Collier County Land Development Code
and Growth Management Plan (include information on how the request is consistent with
the applicable section or portions of the future land use element):
The proposed elevated public restroom facility is located mostly within a public right-of-
way (i.e. Bluebill Avenue) with a portion located on the adjacent parcel to the south. Both
the County Parks and Recreation Department and VI Partners, L TO are co-applicants in
this regard. The encroachment into the residential parcel is necessary to facilitate the
construction of the restroom facility minimizing the encumbrance into the Bluebill Avenue
right-of-way which is currently utilized as the Delnor-Wiggins Pass State Park entrance,
public beach parking, as well as the public access easement to the Gulf of Mexico. The
proposed public restrooms are a conditionally permitted use under the RMF-16 zoning as
described in Section 2.03.01.F. Df the Land Development Code that states
"Governmental, social, and institutional land uses that serve the immediate needs of the
multiple-family residences are permitted as conditional uses as long as they preserve and
are compatible with the mid-rise multiple-family character of the district". The Growth
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U5E - 4/14/03. rev 5/20/2005. rev 2/12/0B
Management Plan anticipates the need for public facilities in all zoning dist~7f~~~
where they are limited such as the Coastal areas. The planned project ~Jme5~ Or~1
compliance with the following Objectives/Policies of the Future Land Use Element:
. Policy 5.1 thru 5.5. Approval of a conditional use found to be consistent with Section
10.08 0 of the LDC is hereafter deemed to be consistent with the Future Land Use
Element of the GMP and specifically Policies 5.1. thru 5.5.
. Objective 7 and Policy 7.4; Approval of this conditional use promotes achieving Objective
7 by encouraging new developments to provide walkable communities with a blend of
densities, CDmmon open spaces, and civic facilities. This project is located within one of
the best examples of a walkable community in the County with pathways located along
both Bluebill Avenue and Gulf Shore Boulevard. This proposed essential service is
specifically to serve the existing shoreline recreational uses. The location along the
shoreline allows for maximum utilization by the public.
The following Objectives and Policies describe the projects consistency with the GMP
Conservation and CDastal Management Element.
. Objective 10.1 and Policy 10.1.1 insures that priorities for shoreline land use shall be
given to water dependent uses with public recreational facilities getting the highest
ranking. This project is accessory to the public use of the beach. Policy 10.2.1 requires
areas presently developed as the priority ranking for shoreline development to minimize
the destruction or disturbance of native vegetative communities. The location of this
structure has been located within the disturbed area of the existing right-of-way as well as
the existing development site. Objective 10.2 and Policy 10.2.1. thru 10.2.5 states that the
County shall continue to insure that access to beaches, shores and waterways remain
available to the public and continue with its program to expand the availability of such
access. The existing donated public beach access shall be maintained by the County
Parks Department. New beachfront development shall show on their site plans existing
beach access ways and the proposed development shall continue that access way,
relocate it on the site, or donate it to the County. The dedication of this access by the
landowner to the south along with the financial contribution prDmotes the County's
continued dedication to public access.
b. Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian safety
and convenience, traffic flow and control, and access in case of fire or catastrophe:
In siting the public restroom facility building as not to impede the drive lanes to Delnor-
Wiggins State Park and the public drop off area, a portion of the building straddles the
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005. rev 2/12/08
adjoining residential parcel's property line. This location allows for a~eM~~~~~~
pedestrian access to the dedicated public beach access as well as continued%'litfin~J1
into the State Park. The turn around will also help facilitate the current traffic issue that
occurs when the State Park is full and has closed the gate by allowing for an exit strategy
for those vehicles not able to gain entrance. The restrooms as well as the access will be
accessed from Bluebill Ave. Emergency vehicles will be able to access the public
restrooms as well as the shoreline from the Bluebill Avenue extension to a designed turn
around area in front of the public restroom building. The turn-around will be utilized by
members of the general public which will be able to drop off beach goers prior to parking
in the County owned beach parking lot east of the Bluebill bridge thus facilitating the use
of the beach by the local residents as well as the public at large. A perpetual easement
has been provided by the co-applicant and developer of the adjacent parcel to the south
for the express purpose of allowing public access to the Gulf of Mexico. Public beach
access will be maintained in perpetuity by the County. Nothing inherent in the design for
access to the beach will have any adverse affect on pedestrian safety and convenience,
traffic flow and control, and access in the case of fire or catastrophe.
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor:
The closest off-site neighboring building to the public restroom is approximately 250 feet.
The Moraya Bay Towers is the closest Dn-site building to the public restroom at 53.1 feet.
The height of the facility is limited to one floor which is the minimal request necessary to
build the facility. The public restroom building has been positioned in such a manner as
not to create glare or noise disturbance to the existing development. The hours of
operation of the facility will be limited to reduce impacts on the neighborhood ambiance.
The visual impacts of the building are limited to the eastern exposure from within the
Bluebill Avenue right-of-way. Landscaping and trellis will be designed in keeping with
promoting a visually appealing facility. The maintenance of the facility by the County Park
Department will insure that there will not be any negative impacts tD surrounding parcels.
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district:
The proposed bathrooms are generally located west of the intersection of Bluebill Avenue
and Gulf Shore Boulevard. The proposed public use will be located at the western
terminus of Bluebill Avenue right-of-way, directly adjacent to the entrance to the Delnor-
Wiggins State Park and the Collier County public beach access which represents a
location that has the least amount of exposure to the surrounding properties. The zoning
within the Bluebill right-of-way is designated as RMF-16. The surrounding RMF-16
property have been built and represent high density, multiple-family residences, generally
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005. rev 2/12/08
surrounded by open space such as the Gulf of Mexico, Delnor-Wiggins _'i?~F~~~
Vanderbilt Lagoon. This area is located in close proximity to public and cbiW~~~dJk?1
services, with direct or convenient access to arterial and collector roads Dn the county
major road network. The State Park is zoned as CON-ST which is Conservation-Special
Treatment. The uses are specifically for public recreation with parking and eating areas,
bathrooms and other park services. To the south is the residential parcel formally the
Vanderbilt Inn which is zoned Vanderbilt Beach Residential Tourist Overlay Zoning District
(VBRTO). The design of the restroom building is sensitive to the scale, compatibility and
sense of place that exists in the Vanderbilt Beach area. As a one story structure can be
landscaped in such a manner to keep the residential feel of the area in keeping with The
Community Character Plan For Collier County. A proposed public restroom within the
ROW is consistent and compatible with that general theme.
e. Please provide any additional information which you may feel is relevant to this request.
Approval of this conditional use will bring about a significant public benefit at little cost to
the public. The public benefit CDmes in the form of public access to the beach that will be
facilitated by approval of the conditional use. This public facility located in this area will
promote the overall health of the water quality in the area which promotes public safety.
We will be also removing paving and utilizing best management practices to improve
water quality. A 20 foot easement for public access to the beach has been provided by the
developer at no cost to the public. The beach access will connect to a pedestrian sidewalk
extending from the restrooms to the pathway system along Bluebill Avenue and Gulf
Shore Boulevard will also be provided. The restroom facilities are an urgent need and can
now be accomplished due to the access set aside and financial assistance that the co-
applicant has provided in this critical area of public beach access.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area fDr which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing?
No
Additional Submittal reauirements: In addition to this completed application, the following
must be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005, rev 2/ 7 2/08
a. A copy of the pre-application meeting notes;
Agenda Item No. 7A
December 16, 2008
Page 34 of 81
b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8%" x 11" copy of
site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following
[Additional copies of the plan may be requested upon completion of staff evaluation for
distribution to the Board and various advisory boards such as the Environmental Advisory
Board (EAB), or CCPC];
. all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix
indicating required and provided parking and loading, including required
parking for the disabled],
· 10catiDns of solid waste (refuse) containers and service function areas,
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to
the site),
· proposed and/or existing landscaping and buffering as may be required by the
County,
· location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC).
d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System.
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. A historical and archeological survey Dr waiver application if property is located within an
area of historical or archaeological probability (as identified at pre-application meeting);
h. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U5E - 4/14/03. rev 5/20/2005. rev 2/ 12/0B
Agenda Item NO.7 A
BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE
REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER
FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED
ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC
HEARING ADVERTISING SIGN(S) IMMEDIATELY.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005. rev 2/12/08
(i)
Agenda Item No. 7A
December 16, 2008
Page 36 of 81
STATEMENT OF UTILITY PROVISIONS
FOR CONDITIONAL USE REQUEST
APPLICANT INFORMATION
NAME OF APPLlCANT(S)
ADDRESS CITY STATE
TELEPHONE # CELL #
E-MAIL ADDRESS:
ZIP
FAX #
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
LEGAL DESCRIPTION
SectionlTownship/Range I I
Lot: Block: Subdivision:
Plat Book Page #: Property 1.0.#:
Metes & Bounds Description:
I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
(Check applicable system):
a, COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0
(GPO capacity)
e, SEPTIC SYSTEM 0
TYPE OF WATER SERVICE TO BE PROVIDED
a. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) 0
TOTAL POPULATION TO BE SERVED:
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005, rev 2/12/08
PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK AVERAGE DAILY
B. SEWER-PEAK AVERAGE DAILY
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED
Agenda Item No. 7 A
December 16, 2008
Page 37 of 81
NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process tD be used as well as a specific statement regarding
the method of affluent and sludge disposal. If percolation ponds are to be used, then
percolation data and soil involved shall be provided from tests prepared and certified by a
professional engineer.
COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the
services boundaries of Collier County's utility service system, written notarized statement
shall be provided agreeing tD dedicate to Collier County Utilities the water distribution and
sewage collection facilities within the project area upon completion of the construction of
these facilities in accordance with all applicable County ordinances in effect at the at time.
This statement shall also include an agreement that the applicable system development
charges and cDnnection fees will be paid to the County Utilities Division prior to the issuance
of building permits by the County. If applicable, the statement shall contain shall contain an
agreement to dedicate the appropriate utility easements for serving the water and sewer
systems.
STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived
or otherwise provided for at the pre-application meeting, if the project is to receive sewer or
potable water services from any provider other than the County, a statement from that
provider indicating that there is adequate capacity to serve the project shall be provided.
APPLICATION FOR PUBLIC HEARING FOR CONOITIONAL USE - 4/14/03. rev 5/20/2005. rev 2/12/0B
Agenda Item No. 7A
December 16, 2008
Page 38 of 81
CONDITIONAL USE
(CU) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE
EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
#OF NOT
REQUIREMENTS COPIES REQUIRED REQUIRED
STANDARD REQUIREMENTS;
Cover letter briefly explaininQ the project 20 L U
Application (completed & signed) (download from website for 20 0 0
current form)
'Additional set if located in the Bayshore/Gateway Triangle 0 0
Redevelopment Area) 1
Addressing Checklist siqned by Addressing 1
Pre-Application meetina notes 20
Conceptual Site Plan 24" X 36" plus (one 8 Y, X 11 COpy) 20
Copies of Warranty Deed(s) 2
Completed Owner/Agent Affidavits. Notarized 1 0 0
Environmental Impact Statement (EIS), and digital/electronic 0 0
copy of EIS or exemotion iustification 3
Aerial photographs (taken within the previous 12 months min. 5
scaled 1"=200'), showing FLUCCS Codes. Legend, and project 0 0
boundary
Statement of utility provisions (with all required attachments & 1 0 0
sketches)
Traffic Impact Statement (TIS), or waiver 7 0 0
Historical and Archeological Survey, or waiver 4
Copies of State and/or Federal Permits
Architectural Rendering of Proposed Structure(s) 4
Electronic copy of all documents and plans (CDROM or 1 0 0
Diskette)
Boundary Survey 2 L U
Affordable Housing or Economic Development Council
Projects: . .
EDC "Fast Track" must submit approved copy of official 2
application 0 0
Affordable Housing "Expedited" must submit copy of signed
Certificate of Agreement.
APPLICATION FOR PUBLIC HEARING FOR CONDIT/ONAL USE - 4/74/03, rev 5/20/2005. rev 2/ 72/08
Agenda Item No. 7A
December 16. 2008
Page 39 of 81
AFFIDAVIT
Well, being first duly sworn, depose and say that well amlare the owners of the
property described herein and which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, including the disclosure of interest information,
all sketches, data, and other supplementary matter attached to and made a part of this
application, are honest and true to the best of our knowledge and belief. Well understand
that the information requested on this application must be complete and accurate and that the
content of this form, whether computer generated or County printed shall not be altered.
Public hearings will not be advertised until this application is deemed complete, and all
required information has been submitted.
As property owner Well further authorize
matters regarding this Petition.
to act as ourlmy representative in any
Signature of Property Owner
Signature of Property Owner
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this day of
20_, by who is personally known to me or has produced
as identification.
(Signature of Notary Public)
(Print, Type, or Stamp Commissioned
Name of Notary Public)
APPLICATION FOR PUBLIC HEARING FOR CONOITIONAL USE - 4/14/03, rev 5/20/2005. rev 2/12/0B
.,. "
December 16, 2'001
. Page 40 of 8
TRAFFIC IMPACT STATEMENT (TIS)
A TIS is required unless waived at the pre-application meeting. The TIS required may be
either a major or minor as determined at the pre-application meeting. Please note the
following with regard to TIS submittals:
MINOR TIS: Generally required for rezone requests for property less than 10 acres in size,
although based on the intensity or unique character of a petition, a major TIS may be
required for petition of ten acres or less.
MAJOR TIS: Required for all other rezone requests.
A minor TIS shall include the following:
1. Trip Generation:
(at build-out)
Annual Average Daily Traffic
Peak Hour (MDT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2. Trip Assignment:
Within Radius of Development Influence (RDI)
3. Existing Traffic:
Within RDI
MDT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected major thoroughfares, including any anticipated
changes in level of service (LOS).
5. Any proposed improvements (to the site or the external right-of-way) such as providing
or eliminating an ingress/egress point, or providing turn or decellanes or other
improvements.
6. Describe any proposal to mitigate the negative impacts on the transpDrtation system.
7. For Rezones Only: State how this request is consistent with the applicable policies of
the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including
policies 1.3, 1.4,4.4,5.1,5.2,7.2 and 7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also
include an analysis of the following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005. rev 2/12/08
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS
., ~
,:p .
December 16, 200!
Page 41 of 8
The following standards shall be used in preparing a TIS for submittal in conjunction with a
conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project for each link within the
project's Radius of Development Influence (RDI) in conformance with the acceptable
traffic engineering principles. The rates published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall be used unless
documentation by the petitioner Dr the County justifies the use of alternative rates.
2. Trip Assianment: Provide a map depicting the assignment to the network, of those trips
generated by the proposed project. The assignment shall be made to all links within the
RDI. Both annual average and peak seasonal traffic should be depicted.
3, Existina Traffic: Provide a map depicting the current traffic conditions on all links within
the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI.
4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the
applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of
the GMP.
5. Radius of Development Influence (RDIl: The TIS shall cover the least of the following
two areas:
a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed project on the major
thoroughfares exceeds one percent of the LOS "C".
Land Use
Distance
Residential
5 Miles or as required by DRI
Other (commercial, industrial, institutional, etc.)
o - 49,999 Sq. Ft. 2 Miles
50,000 - 99, 999 Sq. Ft. 3 Miles
100,000 - 199, 999 Sq. Ft. 4 Miles
200,000 - 399, 999 Sq. Ft 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS shall provide the measurement in road miles from the
proposed project rather than a geometric radius.
6. Intersection Analvsis: An intersection analysis is required for all intersections within the
RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200
Vehicles Per Hour (VPH).
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03. rev 5/20/2005. rev 2/12/08
7. Backaround Traffic: The effects of previously approved but undevelo~~~~~~~~
developed projects which may affect major thoroughfares within the RDI of thefj<J~ce1
project shall be provided. This information shall be depicted on a map or, alternatively, in
a listing of those projects and their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from
potential development shall be provided. Potential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) and the Collier
County Land Development Code. This estimate shall be for the projected development
areas within the projects RDI. A map or list of such lands with potential traffic impact
calculations shall be provided.
9. Throuah Traffic: At a minimum, increases in through traffic shall be addressed through
the year 2015. The methDdology used to derive the estimates shall be provided. It may be
desirable to include any additional documentation and backup data to support the
estimation as well.
10. Planned/Proposed Roadwav Improvements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11. Proiect Phasina: When a project phasing schedule is dependent upon proposed
roadway improvements, a phasing schedule may be included as part of the TIS. If the
traffic impacts of a project are mitigated through a phasing schedule, such a phasing
schedule may be made a condition of any approval.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U5E - 4/14/03. rev 5/20/2005, rev 2/12/0B
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Page 44 of 81
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My Architect, Inc.
Florida Registration No. AAO003016
Van Auken Miller AIAArchilecl
Florida Registration No, AR0009669
2335 Mont Claire Drive #202
Naples, Florida 34109-4321
Phone: (239)254-9931
Fax: (239)254-9932
E.Mall: vanmiller@comcaslnet
Bluebill Avenue Beach
Toilet Facilities
Collier County Parks and Recreation
Naples. Florida 34109
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Agenda Item No. 7A
December 16. 2008
Page 47 of 81
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made and entered into this 14'0 day of June,
2005 by and between the Board of County Commissioners of Collier County, Florida, (the
"County") and Van-Dev, Inc. and Vanderbilt Beach Assoc., Ltd., ("Van-Dev ").
WITNESSETH:
WHEREAS, on January 7, 2004, the County amended the CoIlier County Land
Development Code ("LDe") by adopting the Vanderbilt Beach Residential Tourist Overlay
District (UVBRTO"), which reduced the maximum zoned height of new construction in the
District from 1 00 feet and removed a conditional use of an additional 25 feet, thus limiting the
height to 75 feet; and
WHEREAS, Van-De v is the OWner of real-property within the VBRTO, and presented a
claim to the County pursuant to 970.001, Fla. Stat., the Bert J. Harris, Jr., Private Property Rights
Protection Act (Uthe Bert Harris Act"), based on the reduction of maximum zoned height allowed
in the VBRTO; and
WHEREAS, pursuant to g70.001 (4)(c)of the Bert Harris Act. within 180 days after
receiving the claim the Board of County Commissioners met on June 14,2005 at a public
meeling and approved the making ofa written settlement offer to Van-Dev; and
WHEREAS, the settlement offer protects the public interests served by the LDC and the
VI:lRTO by increasing view eonidors, light and air movement and decreasing eanyonization; by
encouraging redevelopment sensitive to existing scale, compatibility. and sense of place; by
providing recreational facilities; and by developing, utilizing and protecting natural resources;
and
WHEREAS, the settlement offer provides the appropriate relief necessary to prevent the
v BRTO from inordinately burdening the real property belonging to Van-Dev; and
WHEREAS, Van-Dev accepted the settlement offer;
NOW THEREFORE. in consideration ufthe mutual covenants set forth in this
Agreement, the sufficiency of which is acknowledged, and with the intent to be legally bound,
the County and Van-Dev mutually agree to the following:
10f4
.
Agenda Item No. 7 A
December 16. 2008
Page 48 of 81
1. The maximum height limitation for buildings in the Vanderbilt Beach Residential Tourist
Overlay District ("VBRTO") shall he adjusted for the subject property from 75 feet of zoned
height to 90 feet of zoned height. Side yard setbacks shall remain at 50 feet for the parking
structure, and shaJI increase from 50 feet to 52 feet for the remainder of the building over
parking, Front and rear yard setbacks shall be as pennitted by the VBRTO.
2, Within 30 days of the execution of this settlement agreement by all parties, the property
owner(s) shall grant to the County, by a recorded easement in a form reasonably acceptable to
counsel for the County, a 20-foot wide easement for public beach access along the properly's
northern boundary, as conceptually depicted on the not-to-scale plan attached hereto as Exhibit
"A;"
3. Within 30 days of the execution of this settlement agreement by all parties, the property
owner(s) shall grant to the County, by a recorded easement in a fonn reasonably acceptable to
counsel for the County, an additional easement of 10 feet eXtending westward from the County's
right-of-way along the property's northern boundary, as conceptually depicted on the not-to-
scale plan attached herelo as Exhibit "A;"
4. The property owner(s) shall grant to the County, by a recorded easement in a form
reasonably acceptable to counsel for the County, an additional easement along the property's
northern boundary to accommodate a two-lane vehicular turnaround, as conceptually depicted on
the not.to-scale plan attached hereto as Exhibit "A." The property owner(s) shall convey this
easement to the County as soon as the exact location and dimensions ofthe easement are
determined during the Site Development Plan approval process.
5. Within 30 days of the execution of this settlement agreement by all parties, the property
owner(s) shall contribute to the County five hundred thousand dollars ($500,000,00) towards
improvement of beach access amenities related to the deeded easements;
6. The property owner(s) shall provide the County with a release of all claims which the
property owner(s) or successor(s) in interest have or could have pursuant to Chapter 70,001,
Florida Statutes, arising from the application upon the subject property of the Vanderbilt Beach
20f4
Agenda Item No. 7A
December 16, 2008
Page 49 of 81
Residential Tourist Overlay District, enacted by the County pursuant to Ordinance No. 04-01.
The fully executed release shall be provided to the County on the first business day after the 30th
day following the County's issuance of a huilding permit, unless a court of competent
jurisdiction has, prior to the expiration of the 30-day period, enjoined the construction permitted
by this Settlement Agreement upon the subject property based on a determination that this
Settlement Agreement is invalid or ineffective. If the injunction is ultimately dissolved and the
Settlement Agreement is upheld, the property owner(s) shall provide the County with a release.
If a lawsuit challenging the validity or effectiveness of the Settlement Agreement is filed,
whether before or after the property owner(s) provide a release to the County, the property
owner(s) and the County shall cooperate in defending this Settlement Agreement, with each
party bearing its own attorney's fees and costs. If, after the exhaustion of all appeals, the
Settlement Agreement is found to be invalid or ineffective, the County shall transfer back to the
property owner(s) the three easements and $500,000.00 described in paragraphs 2, 3,4 and 5
above. However, once the property owner(s) have provided the County with the release, the
release shall be binding and effective upon the parties thereto. regardless of whether an
injunction is entered subsequently, or the Settlement Agreement is ultimately found to be invalid
or ineffective.
7. The rights, burdens and benefits of this Settlement Agreement as well as the rights of the
landowner under the Bert Harris Act Claim filed by it that resulted in this Settlement Agreement,
shall inure to the benefit of and be enforceable by, any and all future and successor owners oftbe
property if and to the extent it is conveyed or sold by the present property owner while this
Settlement Agreement remains effective.
8. Tbe County, to the extent possible, and consistent with existing policies, will expedite the
review of the SDP and building permit applications submitted by the landowner(s) or the
purchaser of the landowner(s)' property.
9. The County and Yan-Dev acknowledge that this Settlement Agreement is the product of
mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement is
30f4
Agenda Item No. 7 A
December 16, 2008
Page 50 of 81
to be construed against any party either based upon a claim that the party drafted the ambiguous
language or that the language was intended to favor one party or the other.
IN WITNESS WHEREOF, the County and Van-Dcv have executed this Agreement as
evidenced in th~'foll(lwing signature blocks:
.' o\,"\n~ eJ.r~'.. ,
. ~J...::........_ ("'I"'"
AITEbjf.. . ~........ ~I" '
Dwfgi),l E.'.Bi'ock, CLE~
BY~~aL'
At st:A..to-'Cltlll'111l1's
'j;~~',,;,0Il11.
~Name
13 n f" Sc.~ If">. c)( ,.....
Pwt,ed N~e
~c. ~ <2-
SiJl!led Name
~-vl..W'"'^ ~.",,~'--'onk
Printed Name
BOARD OF COUNTY COMMISSIONERS
OF COLUER COUNTY, FLO~
By; "1uJ- W.
Fred W. Coyle, CHAIRM
VAN-DEV, INe.
1'-
Signed Name
Gr, '''' .5,. ~ <"" . cIC..."'-
~Name
~C) ~
S!.gried Name
)./.-I.-\"oJr,( ~ --JI:;.v'-^Il".ck
Printed Name
VANDERBILT BEACH ASSOC., LTD.
BY;~, ~~,~
Nam "i)o Nt;.
Title C)u 'C.-A . ;
~pproVed)/s to form and legal suff~encyiJ.-
:../1/ L~ tv (A./{I/
Michael W. Pettit, Chief Assistant County Attorney
40f4
Agenda Item No. 7A
I Page 51 of 81
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Agenda Item No. 7 A
December 16. 2008
Page 56 of 81
RESOLUTION NO. 2008-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE IN THE
RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE
VANDERBILT BEACH RESORT TOURIST OVERLAY
(VBRTO) ZONING DISTRICT AND THE RMF-16 ZONING
DISTRICT, PURSUANT TO SECTION 2.01.03.G.l.e. OF THE
LAND DEVELOPMENT CODE, TO ALLOW FOR PUBLIC
FACILITIES (LIMITED TO PUBLIC RESTROOM
FACILITIES) THAT WILL BE CONSTRUCTED WITHIN THE
PUBLIC RIGHT-OF-WAY AND PARTIALLY WITHIN THE
MORAYA BAY BEACH CLUB PROPERTY FOR PROPERTY
LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter i25, 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
in the Residential Tourist (RT) Zoning District and the Vanderbilt Beach Resort Tourist Overlay
(VBRTO) Zoning District and the RMF-16 Zoning District, pursuant to Section 2.01.03.G.1.e. of
the Land Development Code, to allow for public facilities (limited to public restroom facilities)
CU-2008-AR- 13201
Revised 8/04108 - HFAC
Page 1 of 3
Agenda Item NO.7 A
December 16. 2008
Page 57 of 81
that will be constructed within the public right-of-way and panially within the Moraya Bay
Beach Club property on the property hereinafter described, and the Collier County Planning
Commission made its findings as described in Exhibit "A" 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
conceming all applicable matters required by said regulations and in accordance with Section
10.08.00.0. of the Land Development Code; and
WHEREAS, all interested patties 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:
The petition filed by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich
& Koester, P.A., representing Collier County Parks & Recreation, and VI Ud. Limited
Partnership, successor by merger to VI Partnership Ltd. with respect to the property hereinafter
described in Exhibit "B", be and the same is hereby approved for a Conditional Use in the
Residential Tourist (RT) Zoning District and the Vanderbilt Beach Resolt Tourist O"{erlay
(VERTO) Zoning District and the RMF-16 Zoning District, pursuant to Section 2.01.03.G.1.e. of
the Land Development Code, to allow for public facilities (limited to public restroom facilities)
that will be constructed within the public right-of-way and partially within the Moraya Bay
Beach Club property in accordance with the Conceptual Master Plan in Exhibit "C", and subject
to the conditions contained in Exhibit "D". Exhibits "A", "B", "C" and "D" are attached hereto
and incorporated herein by reference.
BE IT FURTHBR 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
,2008.
CU-2008-AR-13201
Revised 8/04108 - HFAC
Page 2 of3
ATTEST:
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
~
Heidi Ashton-Cicko
Assistant County Attorney
Agenda Item No. 7 A
December 16. 2008
Page 58 of 81
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
TOM HENNlNG, Chairman
Exhibits (attached)
Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description .
Exhibit C: Site Plan
Exhibit D: Conditions of Approval
CU--2008-AR- 13201
Revised 8/04108 . HPAC
Page 3 of 3
(
(
(
'-
Agenda Item No. 7A
December 16. 2008
Page 59 of 81
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDffiONAL USE PETITION
CU-2008-AR-13201
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use Vvill not adversely affect the public interest and will not
I adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No V'
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, economic 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 / No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: '1- t{ - oS;-
MEMBER:M ~ r J&a~
\ CLAov'\!' ,,",~0
EXHIBIT A
Agenda Item No. 7A
December 16, 2008
Page 60 of 81
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13201
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditi onal use.
2. 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:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes~o_
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 ~o
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ 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 ~o
Based on the above findings, this conditional use should, with stipulations, copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
i/l{/r;f'
! '{
MEMB~
EXHIBIT A
Agenda Item No. 7 A
December 16, 2008
Page 61 of 81
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13201
The following facts are found;
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. 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:
A. and 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 access in c of fire or catastrophe:
(
Adequate ingress
Yes No _
Affects neighh ~ies in relation to noise, glare, economic or odor
effects:
C.
No affect or __ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Yes
(
DATE;
9-r-or
..
,.~
)
/
Based on the above findings, this conditional use should, with stipulatio
recommended for approval to the Board of Zoning Appeals.
EXHIBiT A
;f?lerrr t//~ -</c:7e7p'"'---.,
, .
Agenda Item No. 7A
December 16. 2008
Page 62 of 81
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13201
The following facts are found:
1. Sections 2.03.02.E.l.c.5 alld 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. 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;
A 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 access in case of fire or catastrophe:
'.
Adequate ingress & egress
YesL No__
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
K 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~ No_
Based on the above findings, this conditional use should, with sf ulations, (copy attsched) be
recommended for approval to the Board of Zoning Appeals.
DATE; ~r" '<roe
MEMBER:
$(.~~
EXHIBIT A
Agenda Item No.7 A
December 16, 2008
Page 63 of 81
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13201
The following facts are found;
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. 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:
A. CODBistency with the Land Development Code and Growth Management Plan:
Yes V 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, economic or odor
effects :
v" No affect or _ Affect mitigated by
_ Affect carmot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No
Based on the above fIndings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
\
DATE:
f- f- (/~
MEMBER:
~/~
EXHIBIT A
Agenda Item No. 7 A
December 16. 2008
Page 64 of 81
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13201
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v, of the Land Development Code
authorized the conditional use.
2. 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:
A.
Consistency ::~':!"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 access in case of fire or catastrophe:
Adequate ingress ~ess
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects/.
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use w~district
Yes / No
- -
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
='";:'~~;ID~'B"~d"fW::' ;?{P
EXHIBIT A
Agenda Item No. 7A
December 16, 2008
Page 65 of 81
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13201
The following facts are found:
1. Sections 2,03,02.E.l.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. 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:
A.
Consistency wi~le Land Development Code and Growth Management Plan:
Yes vi 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 ini & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: /I.
_ No affect or _ Affect mitigated by IJI!Cftt,.;
_ Affect cannot be mitigated '
D. Compatibility with adjacent properties and other property in the district:
Compatible usfthin district
Yes__ No
Based on the above findings, this conditional use should., wi
recommended fi r approval to the Board of Zoning Appeals.
ulations, (copy attached) be
(
DATE:
88
MEMBER:
EXHIBIT A
Agenda Item No. 7A
December 16. 2008
Page 66 of 81
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13201
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. of the Land Development Code
authorized the conditional use.
2. 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:
A. 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 access 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 -.Lffect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjaMnt 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 for approval to the Board of Zoning Appeals.
DATE: 1/ tf / o!(
MEMBER:;)!l.--nM ~(~ ~
EXHIBIT A
Agenda Item No. 7A
December 16, 2008
Page 67 of 81
BBLS
SURVEYORS AND MAPPERS
1502-ARAlLHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239)-597-1315
FAX: (239)-597-5207
LEGAL DESCRIPTION
MORAYA BAY
RESTROOM FACILITY
A PORTION OF THE BLUEBILL AVENUE (STATE ROAD No. 846) RIGHT OF
WAY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTI:I, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND A PORTION OF LOT 6, BLOCK "A"
BAKER - CARROLL POINT UNIT No.2, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 8 AT PAGE 62 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 6, BLOCK "A"
BAKER - CARROLL POINT UNIT No.2, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 8 AT PAGE 62 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF BLlJEBILL A VENUE (STATE ROAD
No. 846); THENCE RUN N.89052'20"W., ALONG SAID SOUTHERLY RIGHT OF
WAY LINE, FOR A DISTANCE OF 165.66 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE N.89052'20"W., ALONG SAID SOUTHERLY RIGHT OF WAY LINE,
FOR A DISTANCE OF 51.63 FEET TO THE SOUTHWESTERLY CORNER OF
SAID RIGHT OF WAY; THENCE CONTINUE N.89052'20"W. FOR A DISTANCE
OF 5.49 FEET;THENCE RUN N.00oOT42"E. FOR A DISTANCE OF 20.55 FEET
TO SAID SOUTHERLY RIGHT OF WAYLINE; THENCE RUN N.14049'20"W.,
ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 20.13
FEET; THENCE RUN S.89052'24"E. FOR A DISTANCE OF 62.31 FEET; THENCE
RUN S.00007'40''W. FOR A DISTANCE OF 40.00 FEET TO THE POINT OF
BEGINNING. PARCEL CONTAINS 2,335.14 SQUARE FEET OR 0.054 ACRES,
MORE OR LESS.
CU-2008-AR-13201 REV: 2
MORAY A BAY PUBLIC FACILITIES
Project: 2008040015
Date: 612/08 DUE: 6130/08
Exhibit B
SHEET 1 OF 3
Z:\PROJECTSI2004\04129 MORYA BAY Pu'E STAKEOUT 04 27 07\04129_ RR_LEGAL _OVERALL 5 28 08.doc
Agenda Item No. 7 A
December 16, 2008
Page 68 of 81
BEARINGS REFER TO BAKER - CARROLL POINT UNIT No.2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE 62 OF TIm
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
=.' ~- OS/27/08
STEPHEN E. BERRY, STATE OF FLORIDA, (L.S. #5296)
BBLS S'(JRVEYORS AND MAPPERS INC., (L.B. #6753)
PROOFED BY ~'E~ 01127108
SEE ATTACHED SKETCH-SHEET 3 OF 3)
SHEET 2 OF 3
Z:\l'ROJECTS\2004\04129 MORYA BAYPu'E STAKEOUT 04 27 07\04129.RR_LEGAL.OVERALL 5 28 OR.doG
~
3M
o 20' 40'
SCALE ," = 40'
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LEGEND
P.O.C.
P.O.B.
No.
l.S.
lB.
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iWSP.
RNG.
O.R.
_ _PC. --
BLDG.
----......,'*
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POINT OF COMMENCEMENT
POINT OF BEGINNING
NUMBER
LlCENSEO SURVEYOR
LICENSED BUSINESS
SECnON
TO WNSHIP
RANGE
OffiCIAL RECORDS BOOK
- PAGE
BUlLDtNG
BLUEBILL A VENUE
(STA TE ROAD No. 846)
RIGHT OF' WA Y VARIES
----------
NORTH LINE OF' SiX 29.
TWSP 48 SOUTH, ~
RNG 25 EAST
- -
LINE
U
l2
13
l4
lS
L6
17
Agenda Item No.7 A
December 16, 2008
LINE TABLE'
BEARING
N89'S2'20"W
NI4'49'20'W
S89'S2'24 "F:
SOOV7'40"W
N89'S2'20"W
NOO"07'42"E'
N14"49'ZO"W
)
fi~O.c.
NOR THEAS TERL Y
CORNEl? OF' LOT 6'l
165.6 ' BLOCK 'A'
BLOCK "A"
BAKER-CARROLL POINT UNIT No.Z.
"lA T BOOK 8, PAGE 62
"MORA YA BA Y"
BEARINGS SHOWN HEREON ARE BASED ON BAKER. CARROLL POINT UNIT No.2.
PLAT BOOK s, PAGE 62, COLLIER COUNTY, FLORIDA
THlS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR
RESTRICTIONS OF RECORD.
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US~ ANJJ ACC~SS
[AS01~Nr
D.R, ?929, p~ 2319
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/-- ''SOUTHERl Y~'
I,., RIGHTOFWAY
P.OiB. LINE"
....
N.B9'Q,'20"11(...../
.. 217.29'
"SOU THWES TE'RL Y '... ......NORTH LINE: OF LOT 6 BLOCK "A
~ R" ..-! "",BAKER-CARROLL POINT UNIT No.2,
~ / PLAT BOOK 8, PAGE 62
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FmLD BOOK AND PAGE:
DRAWN BY:
RIlJ
APPROVED :BY~ SEB
THIS IS NOT A SURVEY Se>l.LE, 1", 40'
OISTANCE'
51.63
41.40
62.31
40.00
5.49
ZO.5S
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Ii ~ , Bluebill Avenue Beach
0 ~ ~ ~1II?l ~~. ~ . Florida RebtWallon He. AA0003016
W i m. .1- f I Toilet Facilities Van Auken M111&r AlAArthftect
~ iH i " Florida Registration No. AR0009689
. Collier County Parks and Recr&a1ion 2335 Mont 0IeI11Q Drive #21)2
~ ! ~ . Naptas. Plorida 3~109 Naple8. Florida 341 0$-4321
~ g Phone: (239) 254-9931
. , I CU.2008..ARwI32()] REV; 2 Fax: (239)254-9932
. MORAY ABA Y PUBLIC FACn.ITIES E-MalI:vanmllier@comt::a$t.oet
Project: ZO{}804001S
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Agenda Item No. 7 A
December 16, 2008
I ~I p Page 70 of 81
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Agenda Item No. 7A
December 16, 2008
Page 71 of 81
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E-Mail: venmlller@comcastnat
Bluebill Avenue Beach
Toilet Facilities
Collier County P3rtes and ReereaUon
Naples, Flortda 34109
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Agenda Item No. 7A
December 16, 2008
Page 74 of 81
Condition of Approval
CU-2008-AR-13201
The Conditional Use is limited to what is shown on the four-page conceptual
site plan, identified as "Bluebill A venue Beach Toilet Facilities," prepared by
My Architect, Inc., as revised through 3/19/08, to allow for public facilities
limited to public restToom facilities. The site plan noted is conceptual in nature
for conditional use approval, The fmal design must be in compliance with all
applicable federal, state, and county laws and regulations.
Revised 9-3-08
EXHIBIT 0
Agenda Item No. 7A
December 16, 2008
Page 75 of 81
From: Jflan241@aol.com
Sent: Friday, May 09, 2008 11 :02 AM
To: DeselemKay; fiala_d; HalasFrank; henning_t; CoyleFred; ColettaJim
Subject: Re: Moraya Bay Beach CU 2006-AR-l1046
PS...some additional comments to those I filed earlier.
It appears that a gate access to the drop-off circle and the drop-off circle (which implies the loss of all
public parking spaces currently existing in this location would) result in the reality as well as appearance
of a private drop-off circle and main public pedestrian entrance for the development, or a private drop-
off/entrance to the private beach club, especially given no other entry access with the exception of the
Garage Entrance Drive. Such should be unacceptable to the county if they are representing the Citizens
of Collier County...
Please add this to my comments previously transmitted and forward to others having jurisdiction..
Thankyou..
W. James Flanagan I II
280 22nd Ave NE
Naples, FL 34120-2329
239-352-6352 (Office)
781-254-8910 (Cell)
239-352-0509 (Fax)
Jflan241@aot.com (EMail Direct)
In a message dated 4/29/2008 4:15:08 P.M. Eastern Standard Time, KayDeselem@colliergov.netwrites:
here is some information as you requested.
Kay Deselem, ATCP
Zoning & Land Development Review Department
Community Development & Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239.252.2931
Fax: 239.252.6357
Wondering what's for Dinner Tonight? Get new twists on familv favorites at AOL Food.
Agenda ItepJ,!\lQ.17&2
December-rn;':1001f
Page 76 of 81
"
DeselemKay
From: SchmittJoseph
Sent: Monday, May 07, 2007 8:29 PM
To: bellows_r; DeselemKay; murray-s
Subject: FW: Moyra Bay Private Beach Club
FYI - for the Moraya petition file
1-
Joseph K. Schmitt
Administrator
Community Development and Environmental Services Division
office - (239) 403-2385/2390
cell - 595-9751
"Balancing the demands of growth and the demands of the community"
From: HalasFrank
Sent: Monday, May 07,20074:28 PM
To: mudd~
Cc: SchmltUoseph; LeaSandra
SUbject: FW: Moyra Bay Private Beach Club
FYI
From: alexob1@comcast.net [mailto:alexobl@comcast.net]
Sent: Monday, May 07,20072:15 PM
To: Halas Frank
SUbject: Moyra Bay Private Beach Club
Commissioner Halas,
I live at 21 Bluebill Ave on Baker-Carroll point and I am sending you this to voice my opinion on the Moyra
Bay Beach Tower condominium at the former Vanderbilt Inn site. I attended an "information" session held by
PMS, Inc. a project management services for V.I. Partners Ltd., the builders of the Dunes, this condo, and 5
more buildings not started as yet. The session was very "uninformative" as it turned out. Basic+ly what V,I.
Partners would like to do is to make their condo property into a PRIVATE beach club for "off-site" residents,
When questioned about how many members it would have, they didn't know; when asked who would it be for,
they didn't know; when they were asked about the number of people that could be on the PRIVATE beach that
they knew - they could set up 350 lounge chairs across the property, They did specify that the beach will be
PRIVATE & other people attending the beach can go closer to the water past their property. Even when the
Vanderbilt Inn was there I don't think that 350 people were there, This will make it like the Floridian Club
(private) that the Dunes has farther south on Vanderbilt Beach, not much room for other bathers after they set
out the lounges,
- In order to accomplish this PRIVATE beach club for its off site members they have requested for the following:
- Conditional Use Permit
- Flood Damage Prevention Variance
- Setback Variance
They do not have the amount of property to complete the PRIVATE part of the beach club for off site residents,
5/9/2007
Agenda ItElli1:l~7,.(\c'2
Decembef ~,~2tlott
. only for the residents of the condo itself, The proposed facility would have many things for the P:RPv\l\ ffilf 81
beach club members, with 4 bathrooms for public use, The four restrooms for public use will be on ground level
. where they could be affected by weather conditions & since Collier will be responsible for cleaning &
maintenance of the bathrooms it could prove to be a problem, There restrooms will be located at a higher
elevation for better storm protection,
They would also build a "drop off site" for their bus and others to drop off beach goers, There is a terrific traffic
problem already in this area The people going to Wiggins State Park have the area all tied up going into the
park, sometimes it is backed up over the bridge, The addition of the turn around would only add more traffic
and become a safety hazard if the emergency vehicles have to get to Baker-Carroll Point in an emergency.
I was very surprised that the Collier Cty. Parks & Recreation placed it's name on this proposal, The only
benefit Collier will get are 4 "free" bathrooms while the developer will get a COMPLETE PRIVATE beach
club which they could charge their "off site" members for, A selling feature for their condos they are
developing,
Collier has beach access, people can come enjoy the beach as they have in the past without the unnecessary
development along the beach. The condo will be a nice addition, the beach club that has to be "squeezed" onto
the property will not only make it look unsightly but will tax the beach leaving only a small portion of the
beach for "other" beachgoers.
I have been a resident in this area since 1998 & have seen many changes, some great others questionable, This
is another way for the "developers" to take a good idea, Moyra Bay condo & turn it into a problem (private
beach club) that all of the residents that LIVE IN THE AREA will have to endure for a lifetime,
If they do not get all the requested items it will be an addition to the area, if they get what they requested in will
a blight on the area,
Look closely and you will see this is not a win win for everybody, it is a win for the developer (getting
something they couldn't get normally) and a lose for all the residents, The developer will be gone and we will
live with a crowded beach & a stress on the environment in that area,
Please share this with the other Commissioners and see what it is, manipulation by the developer to get
something they didn't think of in the original proposal and want to fast track it through at what expense to
Collier,
Alexander OBrien
21 Bluebill Ave, # 201
Naples, FL 34108
alexob l@comcast.net
5/9/2007
Agenda Item No. 7 A
December 16, 2008
Page 78 of 81
APp, c
, I v 2lJL7S
April 01, 2009
Kay Deselem, Principal Planner
Collier County Government
2800 North Horseshow Drive
Naples, FL 34104
Dear Ms. Deselem:
I received a letter today notifying me of a public hearing to be held on April 17 regarding
a petition by the Moraya Bay Beach Club, I am unable to attend the hearing in person.
Please note that I am VEHEMENTLY OPPOSED to granting this request. The structure
that is being erected there is enormously out of character with the existing neighborhood.
It already looms as a monstrous blemish on Vanderbilt Beach. Why should they be
allowed to compound this by infringing on the public right-of-way?
PLEASE, I beg you, do not cede any more property to them! They have taken the sight
lines away from many, many residents. Thankfully, I am not personally affected by this,
but I have great empathy for the impact the structure has had on my neighbors. Public
restrooms on the right-of-way? NEVER, If they need them, they should put them on
their own site. And what do they mean by public? Does that mean anyone can use them?
Probably not-{)nly those that have paid the dues (or whatever) to enter their private
beach club will be allowed to use these "public" restrooms,
A vote to allow this petition will not serve the public, but only further line the pockets of
developers who clearly have been running Naples govenunent for much too long.
Thank you for carefully considering my input in this matter,
Sincercl\',
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Patricia Koz.a . '"
209 Lexington Avenue
Iowa City, IA 52246
And
3 Bluebill A venue, #703
Naples, FL 34108
Agenda Item No. 7A
December 16, 2008
Page 79 of 81
5 Bluebill Ave, #603
Naples Florida 34108
April 15, 2008
Mr. Mark P. Strain, Chairman
Collier County Planning Commission
2800 No. Horseshoe Drive
Naples, Florida
crn:OVlE n
APR 2 1 2008 U
Re: Petition Cu-2006-AR-II046, Moraya Bay Beach Club
I would register my objection to approval of the conditional use petition on the basis that
it would significantly adversely effect the public interest.
I, I think the public restrooms are inappropriately located outside the footprint of the
Towers, No one appears to be concerned about the quality of life for Tower occupants
and the abutters being exposed to the odors from the restrooms. Both the County and the
Developer should expect significant civil actions from the tower owners for lack of due
diligence in protecting their interests,
2, The restrooms as noted at the meeting at St. John's last Spring, located in the flood zone
are subject to tidal surge which could contaminate the environ with septic overflow. I
noticed that there are restrooms to be provided on the second floor of the Club. Were these
also to be made available,
3, We were promised a twenty fool wide access to the beach similar to that already in place,
The plot plan has the restrooms blocking access, Do we have to go through the restrooms,
out the back door and find our way down a ten foot strip to the beach. This violates the firm
agreement on access and is another reason for denying the petition.
4, Visualize the automobile and pedestrian traffic congestion at the beach and park entrances.
We have the developer shuttling in the 250 nomesident members on the balfhour (who knows
from where) and trying to make the two lane turn around, Pedestrians are trying to angle across
the intersection to the access, Our lone officer (sometimes) is attempting to force the line over the
bridge to turn left with the park vehicles backed up to the intersection. Some traffic going north
on Gulf Shore want a left turn into the Park while residents of Baker Island struggle to gain
entrance and exit from and to their condos,
Approving the petition would effectively destroy all aspects of the communities enjoyment
of the beach and park by restricting ease of access. Please disallow Petition CU-2006-AR-II046
Very truly yours,
~~ 1. o'jk~
Joseph F. O'Shaughnessy
Agenda Item No. 7 A
December 16, 2008
Page 80 of 81
RECEIVED
APR 1 0 2008
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Agenda Item NO.7 A
December 16, 2008
Page 81 of 81
AP ARTMENT 203, V ANDERBIL T GULFSIDE 2
10851 GULF SHORE DRIVE, NAPLES, FLORIDA 34108
Ms Kay Deselem AICP
Principal Planner
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples Florida 34108
24 April 2007-04-24
Dear Ms Deslem,
Proposal by V.I, Partners Ltd and Collier County Parkes and Recreation to
make an application for Conditional Use Permit, Flood Damage Prevention and
Setback Variance for a 5.14 Acre pareellocated on tbe SW corner of Gulf Sbore
Drive and Bluebill Avenue at 11125 Gulf SbOl'e Drive,
We attended the public meeting on 23 April 2007 with regard to the above
application and wish to register our opposition to the above application for the
fo 1I0wing reasons:
1. The proposed use of the parcel (for a private club and 6 public toilets) will cause
even greater traffic congestion at this location than exists already, It is already
extermely difficult for local residents to access their property in season and the
private club house and public toilets will only make this worse,
2, The presence of a club house at this location will severely restrict the public use of
the beach.
3. By granting the application for a set back variance of approximately 25 feet the
Collier County Community Development Services will be setting a precedent for all
developers in the County who apply to locate private clubs or other buildings on the
propelties that have been approved for condominium use only.
We also wish to protest the arrangement that V.I. Partners have with the County
Commission for a "Fast Track" hearing of this application, This would severely
restrict the opportunity for residents to voice their opinions at the hearing as many
will be away from their residences during the summer and early fall. We request that
the hearing be defered until late fall ( 1 ate November /early December)
Yours truly
/'/3 .4~<-~vo.~
Jack PoznanskY;nd Dulcie Poznansky
~LC:e Pr c-~Lr
RECEIVED
APR 2 7 2007
ZONING DEPARTMENT