Resolution 1996-106
RESOLUTION NO. 96-106
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RELATING TO PETITION NUMBER NUC-96-1,
FOR A NON-CONFORMING USE CHANGE ON
PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
t;;- .,Florida statutes, has conferred on all counties in Florida the power to:,j
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I'\,c,,'.'stablish, coordinate and enforce zoning and such business regulatioris, };i..
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~{'as are necessary for the protection of the public, and
WHEREAS, the County pursuant thereto has adopted a Land
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'?/~; Development Code (Ordinance No. 91-102)
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which establishes regulations:,
divisions of the County, among "
which is the granting of requests for non-conforming use changes, and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and has
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considered the advisability of an indoor putting course (18 hOleS), aric1,i:Y"
accessory pro shop, dining facility and future outdoor pitch andputt",', :).
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area in an "E" Estates Zone for the property hereinafter described, and~'
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has found as a matter of fact that satisfactory provision and
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arrangement have been made concerning all applicable matters requlr~d '~~f::'
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by said regulations and in accordance with Section 1. 8.6 of the Land ,;f::;~~
Development Code for the unincorporated area of Collier County, and
WHEREAS, all interested parties have been given opportunity to
heard by this Board in public meeting assembled and the Board having ,
considered all matters presented,
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS' of>U:4:
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The Petition Number NUC-96:-1 filed by Brian Howell of Gulfcoailt';~iiil'r;1;
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Design Associates, Inc., representing Bill Ricigliano, as contract. '(',c"
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Collier County, Florida, that:
purchaser, with respect to the
property hereinafter described as:
Tract 36, Golden Gate
Plat Book 7, Page 80,
County, Florida.
Estates Unit 20, as recorded in
of the Public Records of Collier
the same hereby is approved for an indoor putting course (18
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holes); and accessory pro shop, dining facility and future outdoor
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pitch and putt area in the "E" Estates zoning District wherein said
property is located, subject to the following:
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a. The subject site and structure shall be brought into compita'nc8,':",
with all applicable provisions of the Land Development, Buildin9'i~"""
Life Safety and Administrative Codes during the site Development.,>~~..
Plan and Building Permit review processes .': 'fc''':~ff;',''t~~
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b. A twenty-five foot wide landscape buffer strip shall be!p'.:>",t"
provided along the south and west property lines (excluding those:',
areas where the existing improvements encroach into the propos~d{: . ~
buffer area). A six-foot-high architecturally designed masonry ,;y',' !:~~
,wall or wooden fence (constructed to present the finished side ot, '.:',. '
. the fence to the adjacent parcels) with a hedge row (minimum24j~."')$i>"
'inches at time of planting) and ten foot tall canopy trees'pl~c~,d..;~j~'
, "no more than thirty feet apart (credit may be granted for , .,... ':: '.,,'!,l!!
preservation of existing native vegetation where it can be ':','!,,,
demonstrated that said vegetation provide adequate screening). ,~.
c. Hours of operation shall be limited to 6:00 A.M. to 12:00 P.M.,
d. Lighting in the rear of the structure shall be confined to a
maximum height of 15 feet from existing ground elevation and
shall be shielded so as to prevent glare on neighboring
properties.
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e. Access from Golden Gate Parkway to the existing parkingarea'X.;,(.:,
(adjacent to Golden Gate Parkway) shall be redesigned to allow-;tor~t~
right turn in only, with exiting traffic utilizing the 68th street;"f
s. W. curb cut, exiting left to the Parkway where the existing" .....' ': ;':"~
medill.n cut will allow traffic to travel east or west. Appropriate 'C,;
sign age and pavement markings shall be installed to direct
motorists.
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f. Signage shall be limited to the Golden Gate Parkway frontage
and shall further be limited to one wall sign, not to exceed 250
square feet.
g. There shall be no amplified music outdoors, except
permitted on a case by case basis pursuant to Section
~emporary Use Permits.
as may ,be
2.6.33,
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h. These conditions are applicable only insofar as the use of;the!i!f';~
property does not conform to the overlying zoning district. SHould. ';.,~
the property be rezoned to allow for this use, the property., o)irie~:f~.
shall enjoy all of the rights granted to a permitted use. ".'..t.:';(J;
BE IT RESOLVED that this Resolution relating to Petition
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:p~NUC-96-1 be recorded in the minutes
$r::~;,": Commissioner constantine
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of this Board.
offered the foregoing
Resolution and moved for its adoption, seconded by commissioner
Hancock
and upon roll call the vote was:
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''rt~,:" .,;.Done this ,JL7
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'1:APPROVEp, 'A's~ '~P."FORM AND LEGAL SUFFICIENCY:
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"~~~"MARJ()it'fE- M~ ~;u~~~'
.J: '0'" ASSISTANT COUNTY ATTORNEY
day of
hL../
,
1996.
AYES:
Commissioner Constantine~ commissioner Hancock~ commissioner
commissioner Matthews~and~ommissioner Norris
NOT ,VOTING:
ABSTENTION:
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OF
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NUC-96-1 RESOLUTION/16558
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