Resolution 2000-300
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RESOLUTION 2000- 300
A RESOLUTION PROVIDING FOR THE
ESTABLISHMENT OF A PRIV ATE 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 32, 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 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 of fact (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 Richard C. Grant of Grant, Fridkin, Pearson, Athan & Crown, P.A.,
representing Signature Communities, Inc., with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional 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 "C") and subject to
the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
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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 ;2 a.. day of .~ ,2000.
BOARD OF ZONING APPEALS
COLLIER COUNT A
N
A~ttst IS to Chlf~an's
s 91lature?n 11.
.' .A:rrnST:'
. DWIGHTE. 'BROCK, Clerk
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Approvedas to Form and
Legal Sufficiency:
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Marjo M. Student,
Assistant County Attoney
gladminlCU.2QOO-l0I RESOLUTION/SMlim
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CD-2000-10
The following facts are found:
1. Section 2.2.8.3.5 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 Pl~:
Yes t/ 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 & e~ss
Yes ,,/ No
C. Affects neighboring properties in relation to noise,
glareyeconomic 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 w~n district
Yes ,,/ No
Based on the above findings, this conditional use,ah: ld, with
stipulations, (copy attached) (~ nut:.) be re;(omm ded for
approval C" !( . .- ~ / L'
.. CHA{~A" L- ,/
DATE: c:;."'1- I? ;;/10 (! MEM~E1(..s. __-(.<" L)~
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Exhibit B
CU-2000-10
LEGAL DESCRIPTION
A parcel of land located on the Gulf of Mexico and on Vanderbilt Lagoon containing
approximately 1.1 acres of land consisting of all that real property that comprised the
former V ANDERBIL T V AcA TION VILLAS, a condominium, according to the
Declaration of Condominium recorded in Official Records Book 985, at Page 794, of the
public records ofeollier County, Florida, as amended.
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Page 1 of 2 Exhibit D
Subject to the following Conditions:
1. The Planning Services Department Director may approve minor changes in the location,
sighting, or height of buildings, structures, and improvements authorized by the Conditional
Use. Expansion of the uses identified and approved within this conditional use application,
or major changes to the site plan submitted as part of this application, shall require the
submittal of a new conditional use application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan
Review, of the Collier County Land Development Code (Ordinance No. 91-102).
2. This approval authorizes only construction of the facilities shown on the Master Plan.
The facilities shall be constructed in substantial conformance to the Master Plan with only
minor deviations to accommodate the construction process.
3. The Petitioner intends, and will, operate this facility in a reasonable manner so that it will not
have an unreasonable adverse impact on adjacent residential properties.
4. The maximum number of people which may be on the premises at anyone time shall be
limited to 112 persons.
5. The facilities shall be open only between the hours of8:00 a.m. and sunset. The snack bar
must close at that time and use of the pool and other facilities must cease. All users must
depart the facility within 30 minutes after sunset. The petitioner shall be responsible for
strictly enforcing the hours. The only exceptions authorized are as follows:
(a) Overnight guests and/or resident managers in the living units may use those units.
(b) There can be as many as six events each year in which the facility may be open until
10:00 p.m. The maximum number of people which may be on the premises at anyone
time shall be limited to 112 persons. Two (2) weeks prior to each event, notice shall be
delivered to the property managers or other owner representatives of the adjacent
properties of the date of each event.
6. The facility will have on-site management during all hours that it is open and such
management will also remain on site after closing to ensure that those actions that need to be
taken at the end of each operating day to be in conformance with these stipulations are, in
fact, done. In addition, the Petitioner will provide to the condominium manager of the
adjoining condominiums the name and phone number of a responsible person within the
Petitioner's organization who can respond to problems or emergencies at the site during non-
operating hours.
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Exhibit D Page 2 of 2
7. Food service will be limited to a sandwich/grill type operating. Cooking facilities will have
proper odor scrubbing exhaust equipment. This will not apply to barbecue-type cookers that
may be used at the special events described above.
8. Trash and garbage receptacles will be enclosed and will be removed from the beach-side
facilities at the close of each operating day.
9. The roofs of any buildings on the site, and the pool deck, will be of a non-glare material in a
muted color.
10. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles
shall be no more than 15 feet in height and shall be of a material and color compatible with
the design of the facility.
11. Parking areas will be utilized only by authorized users of the facility, and (on the beach-
side) will have devices to prevent ingress and egress to the parking area during non-operating
hours.
12. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used
on the beach in front of the club, defined as the beach area within the area enclosed by the
property lines of the club, extended to the edge of the water.
13. There shall be no personal watercraft or personal sailboats (Hobie Cats and the like) allowed
on the beach side.
14. Docks in connection with access via the Vanderbilt lagoon may not be used for the berthing
or mooring of boats in excess of forty-eight (48) hours.
15. The site shall be developed in accordance with the Site Development Plan, SDP 98-119,
approved September 16, 1998. Any amendments to the site plan other than minor changes as
defined in stipulation #1 of Exhibit D of this Resolution, shall require a new Conditional Use
approval.