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Resolution 1999-062 . . 1 7 8 . ~.: RESOLUTION 99-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A GOLF COURSE CONDITIONAL USE -17u IN THE "Au ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 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 ~nd 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 Comprehens~Ye Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is ~he 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 "17u of Section 2.2.2.3 in an "Au 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 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, B~ THE BOARD OF ZONING APPEALS of Collier County, florida that: The petition filed by Donald A. Pickworth, P.A. representing Naples Golf Partners 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" Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. o Parking spaces for the disabled shall be arranged so that the person is not required to wheel behind another vehicle. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/ construction plan approval. A schedule for exotic vegetation removal within all areas of retained native vegetation shall be submitted with the adore mentioned plan. 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 ~~4~, 1999. D~I~H¥.:~..' ~ROCK, Clerk ~. siOnature'odl ~. Approved'as' to Form and Legal' sufficiency: Marjo~ie M. Student Assistant County Attorney f/CU-98-20 ~L~OLU~ I O~i BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY:~man FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-20 17El 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: 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,  , economic or d~r effects: No affect or ~l~ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi~h}n district Yes .~L No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval f/CU-98-20 FINDING OF FACT CHAIRMAH/ EXHIBIT "A" PARCEL I: BEGINNING AT TIlE SOUTIIEAST CORNER OF TIlE SOUTttEAST QUARTER (SE !/4) OF TIlE SOUTItWEST QUARTER (SW 1/4) OF SECTION 17 AND THE NORTIIEAST CORNER OF Tile NORTitEAST QUARTER (NE I;4) OF THE NORTHWEST QUARTER (NW I/4) OF SECTION 20 RUN NORTtl ALONG THE EAST BOb~DARY LINE OF TIlE EAST tlALF (E I,~) OF TIlE SOUTIt~I~ST QUARTER (SW i/4) (APPROXIMATELY N.00°36'45"E.) FOR 129.00 FEET TO A MARKER. BEING THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID EAST BOUNDARY LINE AT N.00°36'45"E. FOR 2551.34 FEET TO A CONCRETE MARKER, SAME BEING THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION 17; TIIENCE WEST ALONG TIlE NORTI! BOb~DARY LINE OF THE NORTHEAST QUARTER (NE I/4) OF I'ttE SOUTItWEST QUARTER (SW 1;~), (APPROXIMATELY N.88°44'00"W.), O~: SECTION 17 FOR 1326.25 FEET TO A MARKER: TIIENCE SOUTH ALONG THE WEST BOUNDARY LINE OF TIlE EAST ttALF (E I/~) OF TIlE SOUTHWEST QUARTER (SW I/4), (APPROXIMATELY S.00°35'20"W.) OF SECTION 17 FOR 1613.36 FEET TO MARKER, THENCE SOUTHEASTERLY (APPROXIMATELY S33°40'50"E.) AND PARALLEL TO AND 400.00 FEET BY PER~£.~D$C~'LAR. ,MEASU~.M~-~T TO 'TI-IS 'NOR.T1-t~L¥ RIGHT-OF-~,'A¥ LI~E OF US HIGH g,'A Y 4 i FOR i 642.7 FEET TO THE POINT OF BEGINNING. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER. OF THE SOUTHEAST QUARTER. (SE !/4) OF THE SOUTHWEST QUARTER (SW' 1/4) OF SECTION 17 AND THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE !/4) OF THE NORTHWEST QUARTER. (NW !/4) OF SECTION 20 RUN NORTIt ALONG THE EAST BOUNDARY LINE OF THE EAST tlALF (E !/2) OF THE SOUTHWEST QUARTER (SW I/4) (APPROXIMATELY N.00°36'45"E.) FOR 129.00 FEET, MORE OR LESS, TO A MARKER, THENCE NORTHWESTERLY (APPROXIMATELY N.53°40'50"W.) ALONG A LINE PARALLEL TO AND 400 FEET BY PERPENDICULAR MEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 (TAMIAMI TRAIL) FOR A DISTANCE OF 816.00 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF AN EXISTING ROAD; WHICH BISECTS THE EAST HALF (E !/2) OF THE WEST HALF FO SECTION 17, SAID POINT ON THE CENTER LINE OF SAID EXISTING ROAD BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTitWESTERLY LINE FOR A DISTANCE OF g22.00 FEET, MORE OR LESS, UNTIL REACttING THE EAST BOUNDARY LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1'4) OF SECTION 17 (SAID NORTItWESTERLY LINE ABUTS THE SOUTHERLY BOUNDARY OF LAND, 63 ACRES. MORE OR LESS CONVEYED TO HENRY C. tlIXSON BY DEED DATED JUNE 9, 1976), THENCE SOU'ttt (APPROXIMATELY S.00°35'20"W.) ALONG SAID EAST BOUNDARY LINE FOR A DISTANCE OF 492.00 FEET, MOR~ OR LESS, UNTIL REACHING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 (TAMIAMI TRAIL); THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY (APPROXIMATELY S.53°40'50"E.) OF US HIGHWAY ,ti FOR A DISTANCE OF 533.00 FEET, MORE OR LESS, TO THE CENTER LINE OF TIlE EXISTING ROAD WHERE IT INTERSECTS AND IS PERPENDICULAR TO US HIGHWAY 41: THENCE NORTHERLY (APPROXIMATELY N.36°I3'I0"E.) ALONG THE CENTER LINE OF SAID ROAD FOR A DISTANCE OF ,100.00 FEET TO TIlE POINT OF BEGINNING. t:].X tt'l' R I T"R" P,~t,e I ~f'? PARCEL 3: A PARCEL OF LAND LYING IN SECTION 17. TO~AZNSltlP 51 SOUTH. RANGE 27 EAST. COLLIER CoL,rNTy. FLORIDA. ALSO BEING A PART OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 324. PAGE 149 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. SAID PARCEL OF LAND BEING N1ORE PARTICULARLY DESCRIBED AS FOLLOWS: CONIhlENCING AT THE SOUTHEAST CORNER OF TIlE SOUTHWEST QUARTER (SW I/4) OF SAID SECTION 17~ THENCE N,00°27'26"E. ALONG TIlE EASTERLY LINE OF SAID SOUTHWEST QUARTER (SW I/4) FOR A DISTANCE OF 128.90 FEET TO AN INTERSECTION WITI[ A LINE 400.00 FEET NORTItEASTERLY OF AS MEASURED AT RIGHT ANGLES TO AN PARALLEL WITIt THE NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (US HIGHWAY 41, STATE ROAD 90); THENCE N.54°II'31"W. ALONG SAID PARALLEL LINE FOR A DISTANCE OF ?50.05 FEET: TtlENCE N.54°22'01"W. CONTINUING ALONG SAID PARALLEL LINE FOR A DISTANCE OF 65.55 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN EXISTING ROAD: TttENCE S.35°37'$9'W. ALONG SAID CENTERLINE FOR A DISTANCE OF 400.00 FEET TO AN INTERSECTION WITH THE SAID NORTIIEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL; THENCE N.54°22'01"W. ALONG SAID NORTItEASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 524.47 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER (SW i/4) OF SAID SECTION 17, TIlE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN BEING DESCRIBED; THENCE N.54°22'0 i'W. CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL FOR A DISTANCE OF !106.30 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN EX[STING ROAD; THENCE N.35°37'59"E. ALONG SAID CENTERLINE FOR A DISTANCE OF 402.60 FEET; THENCE s.gg°30'23"E. FOR A DISTANCE OF 672.96 FEET TO AN INTERSECTION WITH TIlE AFORESAID EASTERLY LINE OF TItE WEST HALF OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION 17; THENCE S.00°29'37'~V. ALONG SAID EASTERLY LINE FOR A DISTANCE OF 965.95 FEET TO THE POINT OF BEGINNING. ABOVE SAID THREE PARCELS OF LAND CONTAINING 82.48 ACRES, MORE OR LESS. 'l' 11111, f! lil~ I~ I!~ I~H'I+I'H'I'i+I,H+H-H-H-Ikl t" ;1 .. ~ [ SEP 2 Exhibit "C" ,,,