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Resolution 1999-061 .' .l. i A.._ HESOLUTI0N 99-21- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A GOLF COURSE CONDITIONAL USE ~17u IN THE ~AH AGRICULTURE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 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 "17" of Section 2.2.2.3 in an "AU Rural Agricultural Zone for a golf course 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 COTl'.mission; 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 Dwight Nadeau of McAnly Engineering and Design, Inc., representing Everglades Golf Corporation 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 "17" of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Prior to approval of construction plans, the Petitioner shall submit to the Transportation Services Director, evidence that the Petitioner has the right to make improvements to Douglas Road. 2. Improvements to Douglas Road or Vanderbilt Beach Road are not eligible for road impact fee credits. 3 o Arterial level street lighting shall be provided at the intersection of Douglas Road and Vanderbilt Beach Road, prior to the issuance of a Certificate of Occupancy. 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 ./~ day of ~ , 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Attest as to Chairman's signature only. ATTEST: DWIGHT Eo BROCK,% Clerk ~pproved a~ to ~orm and ~egal Sufficiency: ~arjorie ~. Studene ~8~i~tant Count7 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-17 The following facts are found: Section 2.2.2.3.17 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 PYN Yes o 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 & Yes ~/ No Co Affects n~ighboring properties in relation to glare.,,~onomic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated noise, Compatibility with adjacent properties and other property in the district: Compatible use~ithin district Yes ~/ No Based on the above findings, this con, ditional use shoul~'~ith stipulations, (copy attached)- (.sh~--~ --~-) be recomm~zOed/for approval I I / f/CU-98-17 FINDING OF FACT MEMBER/ E~IEIT "A" GOLF CLUB OF THE EVERGLADES · LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE · 27 EAST. COLLIER COUNTY. FLORIDA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: TIlE EAST HALF OF SECTION 36. TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ,.OF SAID SECTION· · SAID PARCEL CONTAINING 261.85 ACRES MORE OR LESS, SUBJECT TO EASEMENTS· RESTRICTIONS AXD RESERVATIONS OF RECORD GOLF CLUB OF THE EVERGLADES I.AND USE TARI~ C43L,a' COLq~E: lB3 '- A~