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Resolution 2000-158 13A4 RESOLUTION 2000-158 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRlV A TE CLUB CONDITIONAL USE 5 IN THE RT ZONING DISTRICT PURSUANT TO SECTION 2.2.8.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORlDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 5 of Section 2.2.8.3 in an RT Zone for a private club on the property hereinafter described, and has found as a matter offact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by George L. Varnadoe, Esquire of Young, van Assenderp, Varnadoe & Anderson, P.A., representing La Playa, LLC, with respect to the property hereinafter described as: Lots 25 through 30 inclusive Block A, Unit No.1, and Lots through 28, inclusive, Block B, Unit No.1, Connors Vanderbuilt Beach, as recorded in Plat Book 3, Page 9, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use 5 of Section 2.2.8.3 of the RT Zoning District for a private club in accordance with the Conceptual Master Plan (Exhibit "B"). -1- BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this o~.~.3 ~ day of ~/~ ~ ,2000. , ATTEST: '! DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER C~Y~~A TIM(~ J. CON*~NTINE, CHAIRMAN slg at, 0hiS. Approved as to Form and Legal Sufficiency: Scuderi Assistant County Attorney CU-2000-3 Resolution 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-03 The following facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. o 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 ~i~Land Development Code and Growth Management Pe~j 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 a~c, Dm~in case of fire or catastrophe: Adequate/~j~e_s~ & egress No Co Affects neighboring properties in relation to noise, gl~con~ or odor effects: ~a~.~ ~r Affect mitigated by c cannot be mitigated D. Compatibility with adjacent properties and other property in the distri~ Compatible us~~ district No Based on the above findings, this conditional use should, with stipulations, (cop~ attached) (should not) be recommended for approval ~PP~0~ ~~~~ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-03 The following facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. 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: Consistency with the Land Development Code and Growth Management P~': Yes No C o 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 &~ress Yes ~ No Affects neighboring properties in relation to noise, gl~, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use ~ithin district Yes %/ No Based on the above findings, ~ditional use should, with stipulations, (copy attached~~ not) be recommended for approval . ~/FINDING OF FACT M~MBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-03 The following facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. 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: ao Consistency with the Land Development Code and Growth Management~an: Yes ~ No 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 ~ress Yes/~ No Affects neighboring properties in relation to noise, g~, 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 u~e,,~ithin district Yes//X~_J No Based on the above findings, this conditional use should, with for (shout~ not ~~~ed MEM - - ~ st ipul at io~s~(~c qpy f~t t ached) approval /~,~_~_ 3 . f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-03 The following facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. 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: Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B o 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 w"' No C o Affects neighboring properties in relation to noise, glare, economic or odor effects: ~/ No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use within district Yes m/~ No Based on the above findings, this conditional use should, with s_s_Kip~l__ations, (copy attached) (shoul~ nct) be recommended for !.~approva~I~ DATE: MEMBER f/FINDING OF FACT MEMBER/ 13A4 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-03 The following facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. o 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: Ao Consistency with the Land Development Code and Growth Management P~~N Yes o 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 & ecir. ess Yes ~ No Co Affects neighboring properties in relation to noise, gla~e_~._economic or odor effects: v No affect or Affect mitigated by Affect cannot be mitigated D o Based on the above findings, stipulations, (copy attached) approval DATE: ~/~ ~3/~ J Compatibility with adjacent properties and other property in the district: Compatible use within district Yes :/ No this~?n~_~%~~~ ~g~h f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-03 The following facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. 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: Consistency with the Land Development Code and Growth Management Plan: Yes L/ No 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 o Affects neighboring properties in relation to noise, glar~ economic or odor effects: v No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-03 The following facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. o 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: ao Consistency with the Land Development Code and Growth Management P~an: Yes & No B o 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 o Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~,~- No Based on the above findings, th~ditional use should, with stipulations, (copy attached) ~(shoula~not) be recommended for approval -~ ..... f/FINDING OF FACT MEMBER/ Exhibit "B" I