Resolution 1996-233
MAY f 4 1996
RESOLUTION 96- 233
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A MINIATURE GOLF COURSE CONDITIONAL USE "1"
IN THE IlC-3" ZONING DISTRICT PURSUANT TO
SECTION 2.2.14.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 17, TOWNSHIP 52 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
liHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Fiorida, 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 "I" of
Section 2.2.14.3 in a ltC-3't zone for a miniature golf course on the
property hereinafter described, and has found as a matter of fact
(Exhibit itA") 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
MiEREAS, 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:
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MAY 1 4 1996
The petition filed by Michael Hubbs representing Tract B, Inc.
with respect to the property hereinafter described as:
Tract B, Marco Beach Unit 7, as recorded in Plat Book 6,
Pages 55-62, or the Public Records of Collier County,
Flor~da
be and the same is hereby approved for Conditional Use Itl" of section
2.2.14.3 of the "C-3" zoning district for a miniature golf course in
accordance with the Conceptual Master Plan (Exhibit "B") and subject to
the following conditions:
1. 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 neceBsary to protect the discovery
shall be immediately stopped and the Collier County Code
Enforcement Department contacted. .
2. At the time or site dovelopment plan submittal, drive
aisle widths shall be shown at a minimum or 18 feet for
one-way 60 degree parking.
3. Water management concerns will be reviewed at the time
of site development plan submittal.
4. Prior to final site dE!velopment plan approval, a letter
from Southern States Utilities stating that they have
reviewed and approved the water and sewer facilities
construction documents for service to the project shall
be submitted.
5. Prior to final slte development plan approval, a letter
of water and sewer availability from Southern States
utilities shall be provided.
6. consideration should be given to removing the first
parking space along the northern property line.
Vehicles attempting to enter or exit this space may
block the northern access point or cause an accident.
The final traffic circulation plan will be reviewed at
the time of site Development Plan Review.
7. The property owner shall provide a fair share
contribution toward any future traffic signal system
installation at the South Collier Boulevard -
Wlnterberry Drive intersection.
8. Prior to issuance of a Certificate of Occupancy the
property owner shall coordinate with the Collier County
Transportation Services Department to determine
appropriate crosswalk markings and shall bear the cost
of installation or reinstallation of the crosswalk
markings and warning signs at the three potential
pedestrian crossings; fipecifically, across south Collier
Boulevard from the Hilton Hotel to the SUbject site,
across South Collier Boulevard tram the Radis&on Hotel
to the convenience store and across Winterberry Drive
trom the convenience store to the subject site.
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HAY 1 4 1996
9. Miniature golf props (sculptures, windmills, etc.) shall
be limited to 15 feet in height.
10. Light poles shall be limited to 20 feet in height and
lighting shall be dirscted to minimize glare to
neighboring properties and roadways.
11. The architectural theme of the signs, building and other
structures shall be consistent with the architectural
theme of the shopping center.
12. The applicant has agreed to adhere to the conditions set
forth in Exhibit "CO.
BE IT FURTIIER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Hancock
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Mac'Kie
and upon roll call, the vote was:
AYES:
Commissioner Hancock, Commissioner Mac'Kie, Commissioner Constantine,
Commissioner Matthews and Commissioner Norris
NAYS:
ABSENT AND NOT VOTING:
ABSTEl1TION:
Done this
14th
, 1996.
Hay
day of
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ATTES'l":' , " "u'
DWIGH~' 'E.:'.BROCK; Cf,ERK
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By:"p,j;~-< :7)/';." ACL
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APPROVED AS TA'Fnro. AND
LEGAL SUFFIc.ENCY:
BOARD OF ZONING APPEALS
~
. RR S, CHAIRMAN
1Y\.t;t:'^-'- h1 !ftr {AI ,d
HARJ IE M. S1'UDENT
ASSISTANT COUNTY ATTORNEY
CU-96-4 RESOLUTION/16736
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MARCO ISlAND CIVIC ASSOCIATION, INC.
'.a.I011?I.. WAACO IIlANO. nCH\IDA"HI
TIL~E (141) t41.1nl
FAX (INti IQ.....3
HAY 1
MINIATURE GOLF CONDITIONAL USE APPLICATION
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Iuma ofconcern ofraident. and MICA member.:
1. No objcc:t. will be vi.ible above the bermed hedge except the 24' x 24' building, the
wcerfallDd four or five Iigbt poIet.
2. The bormed hedse will DOt obstruct t~ light linea in either direction when a car i. at
the 1l0p IIgn on WInterberry.
3. The footprint of the 24' x 24' building will not cIwIge in t~ future.
4. MICA will have approval right to the Bignage. Signage will be of8l'OWld buod design
and will Dot be more than S' high and wIII have DO moving paru or flashing light..
S. MICA will have approval ri&ht of the lighting plan. Owncra agree that if lighting i. an
lUIllOyance to tnffic or the IWTOIIndina DCiahborhood that they will fe-adjust DahMS to
"lImln.,. the &DIIOy&DCe. Venica1liahti'1& will have no more than five poles that
an:bitccturaIly blend with the mopping caner's.
6. A bond will be given to MICA that will aUow MICA to remove any IlJ'Ucturet that
remain if the project fails. This bond InISl include cost of maimenance of landscaping for
a period of two YWI.
7. The owner agrees to "spearhead" an effort to obtain a traffic cootrolliaht at the
intenection ofWlI1terbeny and CoI1ier and pay the owners' "fair lhare" o(the co..s (or
this signal.
8. The owners agree to recognize their obligation to abide by the MICA deed restrictions
on tbis property DeW and In the future.
EXHIBIT "en
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