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Resolution 1998-234 ~ 13A 1 RESOLUTION 98- 23' A RESOLUTION PROV I DI1IG FOR THe ESTABLISHf-lENT OF PRIVATE CLUB CONDITIONAL USr. "S" IN THE "?,T" ZOIlIllG DISTRICT PURSUAllT TO SECTIotJ /..2. P, . 1 0F TilE r:or.[. r ~:p COUtlT"( LMW uE'/ELOPI~ENT coot:. FOR PROPERTf LOCATED IN SECTIon 32, TO'fiNSHIP 48 SOUTH, RANGE 2S EAST, COLLIER COUIIT'!, FLORI DA. ~HE?EA~, :~~ L~gislatur~ of the Stat~ 8f florida in Chapter 67-12t,~, l..:t.....s of Florida, and Chapt~[ 12~. florida Statutes, has conferr~"'J ...,:-~ r::011i~r (:')l..lnt'j ':h~ V""',r to') r~:jt,;jblish. coordinrJte and enforce zo~i~g dnd such busi~ess reg~ldtions as are necessary for the protection 0E the public: and ~HEREAS. the County pursuant thereto has adopted a Land Develop::"l'O!nt (':ode (Ordir.ance r;o. 'jl-l()21 \<"'hi:::h i~clud'.!s d Ccmpr~hA~si~~ ZQning Ordinan~~ est~tlishi~~ r~l~latiQns for ~he zoninr:; o~ t::n.~ticular geographio:.: di';isions -:: t!ie (:ounty. among ....'hich is t~e qrdn~ing of Conditior.al Uses; a~d ~mS:U:hS, the Colli,=r C;Jur.ty P:unning r;cx:unission, b~ing the duly appoint~d dnd co~stituted planning baard for the ~rea hereby affec~ed, h~5 held ~ public hCdri~~ after noti~e as in said regulati~~s made and p:~vided. a~d ~dS cons~de:ed i.~p an'lis~bility of CO~ldi::iC:Li'l1 ~)se "5" af S,=ctiCil 2.2.>:.3 in an ";';T" z('"Jn'~ f0r d privat.e club Oil the property hereir.afto::oc "::!:;;cribed, .;1:~:::I has found ,)s a. matter of fae: iE:xhibit "An) that s3.tis!ac:.'):,y pr:Y:~s:.on <ilnd urran'Jerr.ent have bee~ made concerni~g all ~pp:~~~ble ~~tters required by sa.id regul/l:::>:l.S a:-ld in a:::cordance with :~,;bsectio:-I :'.7..;..; -",: '_h", L.1nd DeveI0p~~nt Code for th~ Collier C~unty Planning ~0~~issi'~r,; and WHEREAS, all inter~sted pdrties have be~n ~iv~rl Gpp"!tll!llty to be heard by this Board in a public meeting assembled und the BOdrd hav:ng considered all matters presented. flO'tl, THEREfORE BE IT RESOLVED, BY THE BOARD Of ZONING APPEALS of ColliJ"!" ">Jurj':y, Florida that: -1- Th . [,:,.ition filed by Chzi~top,h,;r O. Wri.:ht p L. o! RWA, Inc., represen~ ir,-~ Twin Eagles Development Company, LTD with ~espect to the proper:',,' ?..:.reinafter d_scr,b_j as: ".2" which is attached hereto ,~nJ inccr~orated by herein be and the 7]r.e is hereby approved for Conditionai Use "5" of Section 2.2.8.3 .~.f the "PT" zoning disLri,::. !or a private club in accordance with the Conceptual Master Plan (Exhibit "q", .~nd su?,j,:ct to the followin? ccnJitions: The Planning 6 Technical Services Manager may approve rlnsr changes in the location, hiring, or h,~i,jht o! r_u:-dings, structures, and improvements authorized by ~he conditional use. Expansion of the use:~ id,~ntL~ied ~r.~ approved within this conditional use application, .r rajor changes %o the site plan s'th~tltte'~ ds part of this application, shall re~ulre the r~ubm:zta[ of a new :tr. Ji:ionai use application, and shall comply with all ~:iicable County ordinance:- in elf .... a- 'he tim,t of >.:a:r. lttal, inciudin~ 2'i'.'is: n 3.], .Fire le'.'elepment Fian Review and Approval, :; the t':,liler 'iquntty Land ~e'.'eiopmenz Code (Ordinan~.: ::o. ~l-ili. . approval authorizc, s '~''':' 'const r'.c'.ion .t *i~e ::~.:ilicies shown on ~he Master }ian. The facilities shall be ccnstructed in substantial rDnformance to the Master ~[,~n with only mini-ir r~e'.'iations to accomm, odate the constr ;rtlcn ~rocess. The facilities shall operate ~-.~.. as an amenity ~o che 7win Eagles Golf and Count:). Clu:. Le'.'ei-~.ment, for use -:.l:,' by members and guest.,; ~.f the Petitioner intends, and will, operate this [aciiity ,~ reasonable manner so th,~t it will n<.t have ';nreasonable adverse impact on adJ= .... t residen[ial !:rzperties. · - -acz,ztz_s shall be oper, only between 8:CO AM and ~¢~' The ' su ...... snack oar must close at that time and use of the [ool and other facilities must cease. All users must depart the facility within 30 minutes after sunset. Petitioner shali ~e responsible for strictly .~.~,~r~l,.C these hours. Tr.<- only o:-:c~:~tlons authorized are as follows: Overnight guests ant/ir resident manager in tile 'lying units mai· use 'hose units. There can be as many as six events each year in which the facility may ~e open until 10:00PM. The maximum number of people which may be on the premises at any one 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. -2- '7he facility will h.ave on-site management during all hours that it is open ret. sin on-site after cicsing to ensure that those 5peratlng day to F~e in conformance with these stipulations are, in fact, done. In addition, the Petitioner will pro'lido t~ the c,~nd~minium r~anaqer of the adjoining conOomlniums the name and phone number of a responsible person within Petitioner's crqanlzation who can respond tc problems or emergencies at the site during non-operating hours. Food ger';ice will be limited to a s~r, dwich/grii! type operation. Cooking facilities will have proper odor scrubbing exhaust equipment. This will not apply to barbecue-type cookers that may ke u~ed at the special events descrlzed Trash and garbage ~= ~ ~ ~cep~a_~es will be enclosed and will be removed from the beach-~ide 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. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than !5 feet in height and shall be of a material and color compatible with the design of the facility. ii. ?arking areas will be utilized only by authorized users cf the facility, and (on the beach-side) will have ~evices to prevent ingress and egress to the parking area during non-operating hours. 12. Beach chairs, umbrellas, cabanas, and similar devices g~plied by the club shall only be used on the beach in Jr2nt of the club, defined as the Seach area within the area enclosed by the prcFerty lines of the club, =->:tended to the edge of th~. water. shall be no personal ,,:atercra:~'. qr per:~onal leoats (Hcbie Cats and ~he like], allowed on the side. lzz~:s in connection with access via the Vanderbilt au-.on may not be used ....... ~c. the b~r'hi~ or mooring of c>ats In excess of ~ ' FURTHER RESOLVED that this Resolution be recorded in the minutes _f this Board. -3- This Resolution adopted after motion, second and majority vote. Done ~his .~/-,~ day of )'~-~..e./ , 1998. Attest as to Chal~an's signature ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marj.6rie !.i. Stud_hr Assistant Count}, Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBARA B. BEPRY, Chairman -4- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDiTiONAL USE PETITION FOR CU- 98-7 The following facts are found: Section 2.2.8.3.5 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 ~ 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 acc%ss in case of fire or catastrophe: Adequate ingress &/egr_.e. ss Yes C.-'- No C. Affects neighboring properties in relation to noise, glare, ~c~mic 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 within district Yes Based on the above findings, this conditional us with approvalstipulations,/{ ~' ~, cody/attached) ( should/~ . . no t ) b/~~~o me--~--~-a"~- f o r f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" FI~ING OF FACT BY COLLIER CO.STY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The = ~ol!owing facts are found: Section 2.2.8.3.5 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: io Consistency with :he Land Development Code and Growth Management P~an: 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 acc%ss in case of fire or catastrophe: Adequate ingress & e~ess Yes V No C. Affects neighboring properties in relation to noise, glare, ec/~omic or odor effects: ~No affect or Affect mitigated by Affect cannot be miti_uated D. Compatibility with adjacent properties and other property in the district: Compatible use 3~ithin district Yes .. ~/ No Based on the above findings, this conditional use should~ with stipulations (copy attached) L_~ ....... ' ~--" ,,, :' -:--, be recommen~e~ for approval ~ 2. ~/~~x___~ DATE: /~ ~F ~/ ~'f' MEMBER: / f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The folicwing facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and wii~ not adversely affect other property cr uses in the same district or neighborhood because of: Ao 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 acc%ss in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. 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, this conditional use should, with stipulations, (copy attached) (~ be ×recommended fo~ approval //-' '- A //~'/ ,.,,, / f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLAN~ING COMiMISSiON FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: Section 2.2.8.3.5 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: 2onsistency with the Land Ceveicpment Code and Growth Management Plan: Yes I./ 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 acc%ss in case of fire or catastrophe: Adequate ingress & egress Yes /~ No C. 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 ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval f/CU-98-7 FIelDING OF FACT MEMBER/ Exhibit "~" FINDING OF FACT BY COLLIER COUNTY PLA~ING CGMMISSiCN FOR A CONDITIONAL USE PETITION FOR CU- 98-7 The following facts are found: Sectlon 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 wlll not adversely affect other proper~y or uses in the same district or nei?hborhocd because of: A.Conslstency with the Land Deveicpmen~ Code and Growth Management Plan: Ye s z 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 acc%ss in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economlc or odor effects: ,,..-' NO affect or Affect mitigated by Affect c~'nnot~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within distr:ct Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached)~onot) be recommended for approval DATE: f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: Section 2.2.8.3.5 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 cr neighborhood because of: A. Consistency with the Land Deveiopmen~. 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 ingres~ & egress Yes ~/ No C. Affects neighboring properties in relation to noise, glare, ecoj~omic or odor effects: u~- No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use w~thi~/district Yes ~-' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (s~) be recommended for DATE:ap proval'~/~/ ~ RMAN~~ / ./ ~.. CHAI ~ f/CU-98-7 FINDING OF FACT CHAIRMAN/ Exhibit "A" ' ';.' · ' t( , ' ' ,l~l~tl;" ' · 2,.-i- :.'41~""'- . A TE~T ~ P~ or ~ND ~O ~N THE STA~,t~OR~'.~~-COLLIER.,' L~l~ itl SECTION 52, TOWNSH~ ~ SOU~. ~NG[~.~T. BEl~ ~T ~, BL~K I. THE PIORTH ~E ~ ~ LOT 11;,~ B ~ND ~[ S~[ ~ OF ~T;,12, BLC~K CC. HH[R'S VAHOERBILT B~CH. SU~IVISIOH. P~T~E.E-, 5, PAGES 8 ~ g, CgLUER COIJN~ PUBLIC RECORDS, AND. BEING FURTHER ~OA~ DESCRIB[O'.'~ FOLLOWSt COUuEHC~NG AT A ~LROAD SP~E U~s'(~;G THE I~TI~ OF T~.~E~Ut~E OF GULF ~HOEE DR~vE (70.00 KE~.W)DE) N4D lHE NO~:RI~T OF WAY L~'OF COUN~ ROAD NO. 5-862 ~ANDERBILT B~CH ROAD - 100.~t~ m~),. AS' S~N ON RECORD ~T OF CONNER'S VAN~RBILT ~E~CH SU~QN, ~D I~~ON LY~' N.80'09'~5~. A~ 36.78 FE~ FROM THE 50UrHWEST;.'~NEE OF LOT 1, ~D BLOCK CONNEP'_~ VANOER~LT REACH SUBD~0~, IHENCE' ~05'05'W. CEHTERL~NE OK GULF SNO~E DRY, FOR ~)~5.32 E[~;' THENCE N.81'~5'E., FOE 55 gO FED l0 THE POINT OF BEGINNING OK THE ~ST.'~EL (SNO N~H ONE HAL~' OF LOT t,, BLOCK B ~D THE SOUiH ONE H~L~ CF LO~),)2, BL~K B); TH[~[ N.8~'~6'55"E. FOR 200.00 FEET; THENCE N08'03'05~,.~NG THE ~T LI~ 0F BLOCK B, FOP 1gO.OD FEET; THEHCE ~ ~1'56'55~[,' FOR 200.~ F~; IHFHCE S 08'05'05"E. ALONG THE EAST R~HT OF wA~' LINE ..OF ~O GULF S~-DR~E, FOR I~ O0 FEET FO T~ POINT OF BEGINNING OF ~O ~j..PARCEL, .~",',~. ... , .' ~ , CCUU[HC~HG AT SAID POIN[ OF BEGINNing CF tHE E~C~' T~E $'~1'56'55~ ACROSS ?ID GULF SHORE DRN[, FOR' 70.00 FEEl THE~ OF '8E~"~F THE WES'T. P~RCEL (~lb LO[ 13, BL~K A): ~HENC[ N OS'O3'OS~;'~ONG IHE.~T R~I OF WAY . L~E OF '3A~D 5bLF SHORE DRi~,' FOR ~ FE~;~ S.81'~'~..':~ONG IRE '. NORTH Lf~E OF ~10 LOT ~3. BL~K A, FOR 354.7 F~'~0 ~E M~H~;.WATER LINE'; OF IHS GULF OF MEXICO: THENCE' SOUTHERL3 ALONG~M~N H~'.WAT~ UNE FOR' S~.2 FEET. MORE ~ LESS TO ~ ~ERSECTION WlT~.~.~OUTH UNE~.,~D LOT 15, 8EADI~G ~ EV56'55~. FROM lite POINI C,F 9EGINNI~ T~NCE N~r55t~'E. ALOHG SAiO SOUIH ~[. FOR 529 2 FE~, MORE F)D ~ESS, T~.~O[N3 ~.'8EG~G OF THE wEsr , CEL .; '., -' PAFCEL5 COMBINED. CONTAPi 53195 'SOUAPE F[~ OR.~,22~RES, .~RE-.~' LESS. WEST ~A~CEL CONTNNS 33196 S~[ FEfr O~ 0.~~'," MOR~ OR Exhibit "B" I