Resolution 1999-084
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RESOLUTION99-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
A PRIVATE GOLF COURSE AND CLUBHOUSE FACILITY
CONDITIONAL USE "17H IN THE "AH ZONING DISTRICT
PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTIONS 24 AND 25, TOWNSHIP 49
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 "17H of Section 2.2.2.3 in an "AH Zone for a private
golf course and clubhouse facility 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:
,._...._..."."..___._..,.___<._~__~__._.....H__._ -,. __.
The petition fii.~d by Emilio J. Robau, P.E. of RWA, Inc.,
representing Hideout Golf Club, Ltd., 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 private golf course
and clubhouse facility 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.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vete.
Done this
Signature only.
ATTEST:
DWIGHT E. BROCK, Clerk
Ap~qved as to Form and
Legal Sufficiency:
Assistant County Attorney
day.~, of ~, 1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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BY:~ M~A_C~ /~
f/CU-98-22 RESOLUTION
FINDING OF FACT
BY
COLLIER COUNTY P~%INING COMMISSION
FOR
A CONqDiTIONAL USE PETITION
' FOR
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'idistrict or neighborhood because of:
Consistency with the Land Development Code and Growth
Management Plan:
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 ~ egress
Yes ~-'-No
C o
De
Affects neighborin9 properties in relation to noise,
glare, economic or odor effects: ~
No affect or Affect mitigated b ~ /ff~/C
Affect cannot be mitigated ~C,'~,,
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes 6/ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval .
DATE: CHAI
III
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CU-98-22
Exhibit D
Subject to the following Conditions:
CU-98-22
1. Permits or letters ofexcmption from the U.S. Army Corps of Engineers (ACOE) and thc South
Florida Water Management District (SFWMD) shall be presented prior to final site
plan/construction plan approval.
2. An appropriate portion of native vegetation shall be retained on site its required ill Section
3.9.5.5.4. of thc Collier County Land Development Code (CCLDC).
3. An exotic vegetation removal, rr|onitoring, and maintenance (exotic free) plan for tile site, with
en'~phasis 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. This
plan shall include methods of exotic vegetation removal 1o be used within areas of retained native
vegetation.
4. The petitioner shall conlply with tile guidelines and rcco~nmcndations of thc U.S. Fish ami Wildlife
Sen'ice (USFWS) and Florida Game and Fresh \\'ater Fisll Commission (FGF\VFC) regarding
impacts to protected wildlife species. Where protected species occur on site, a habitat Management
Plan for those protected species shall be submitted to Current Planning Environmental Staff for
review and approval prior to final site plan/construction plan approval.
5. A roadv.,ay surface condition survey ofthe last (southerly) mile of 23'a St. S.W., shall be submitted
to the Collier County Transportation Services Department for review and approval prior to final
site plan/construction plan approval. Following construction of the golf course, thc clubhouse, and
the maintenance facility, the developer shall submit another survey. If, and to the extent that. the
survey discloses degradation to the last mile of23'~ St. S.W. attributable to thc construction of the
golf course, tile clubhouse, and the maintenance facility, thc developer shall restore that portion of
the street to its pre-construction condition. Prior to the issuance of building pen'nits for the project.
the petitioner shall provide reasonable financial assurances, in any of tile forms authorized for
subdivision improvement guarantees, that funding will be available to make the restoration if
shown as necessary by tile survey.
6. The Collier County Transportation Services Department reserves the right 1o monitor the roadway
conditions to dctem'fine if roadway improvements arc required as a result traffic associated with
Hideout Golf Club. If improvements are deemed necessary, the developer shall bc responsible for
their proportionate share of required improvements.
7. The petitioner shall pave and maintain Brantley Boulevard from 23'" St. SW to the Clubhouse
entrance, to County standards, with a minimum pavement width of twenty-two (22) feet.
8. Brantley Boulevard shall not be vacated or closed through the limits of the proposed project.
9. The GolfCourse and its accessory uses shall be limited for use by members and their guests only
and shall not be open to the public. Membership shall be limited to a maxinmm of 350 people.
10. Restaurant size shall be limited to a maximum seating capacity of 150 seats and shall serve patrons
not later than one hour after sunset.
1 I. Pro-shops with equipment sales shall be limited to a maximunl of 1,000 square feet in size.