Resolution 1993-430
SEPTEMBER 28, 1993
RESOLUTION 93-~J
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
GOLF DRIVING RANGE CONDITIONAL USE IN THE "A"
ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3.17 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 15, TOWNSHIP 51
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 2.2.2.3.17 in an "A" zone for a golf driving
range on the property hereinafter described, and has found as a
matter of fact (Exhibit "A") that satisfactory provision and
arrangement has 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:
The petition filed by David S. Wilkison of Wilkison &
Associates, Inc., representing Mike Pappas with respect to the
property hereinafter described as:
800K OO{ll'Ar:r 223
---------
SEPTEMBER 28, 1993
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use 2.2.2.3.17
of the nAn zoning district for a golf driving range in accordance
with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
Exhibit "0" which is attached hereto and incorporated by
reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
commissioner
Norris
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Matthews
and upon roll call, the vote was:
AYES: Commissioner NOrris, Commissioner Hatthews. Commissioner Vo:.pe
Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
28th
September, 1993.
day of
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MARJ IE M._ STUDENT
ASSISTANT COUNTY ATTORNEY
CU-93-11 RESOLUTION
nb/9965
~OOK 000 p~s~ 224.
-2-
SEPTEMBER 28, 1993
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
rrr-Q1_1 I
The following facts are found:
1.
Section 7 7 7 1 17 of the Land Devlopment
Code authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property Gr uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and
Growt:h Manage~t 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
nOi~ glare, economic or odor effects:
No affect or Affect mitigated by
~ Affec~not be mitigated
D. Compatibility with adjacent properties and
other property in the district:
compatibl:Lu within district
Yes No
, -----
Based on the above findings, this conditional use should,
with stipulations, (copy att~h~) (spould not) be
recommended for approval flt'~. ~_
DATE' ;Z ~ 75 CHA~:"-~
FINDING OF FACT CHAIRMAN/md
EXHIBIT "A"
800K 000 rAr:( 225
SEPTEMBER 28, 1993
Attached Page for
Application for Public Hearing
for Rezone Request
Section 3 continued: Legal Description of Proposed Rezone Property
Description of a parcel of land lying in that portion of the south 1/2 of the
northwest 1/4 of Section 15, lying east of State Road 951, Township 51 South,
Range 26 East, Collier County, Florida, more particularly described as follows:
Commencing at the northeast comer of the south 1/2 of the northwest 1/4 of said
Section 15, run north 89013'52" west 543.27 feet along the north line of the said
south 1/2 of the northwest 1/4 to the Doint of beginning; thence south 02"27'39"
west 780.00 feet; thence north 89013'52" west 750.00 feet to a point of intersection
with the east right-of-way line of State Road 951; thence north 02"27'39" 780.00
feet along lle said east right-of-way line State Road 951 to a point of intersection
with the north line of said south 1/2 of the northwest 1/4; thence south 8~13'52"
east 750.00 feet along said north line to the point of beginning.
Subject to a road easement along the north 30 feet.
800~ 000 PA~~ 226
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SEPTEMBER 28, 1993
AGREEMENT
I, David S. Wilkison of Wilkison & Associates, Inc., as
authorized agent for Petition CU-93-11, agree to the following
stipulations requested by the Collier County Planning Commission
in their public hearing on September 2, 1993.
a. The Current Planning Manager, may approve minor changes in
the location, siting, or height of buildings, structures, and
improvements authorized by the conditional use. Expansion of
the uses identified and approved within this conditional use
application, or major changes to the site plan submitted as
part of this application, shall require the submittal of a
new conditional use application, and shall comply with all
applicable County ordinances in effect at the time of
submittal, including Division 3.3, site Development Plan
Review and approval, of the Collier County Land Development
Code, Ordinance (91-102).
b. All project lighting shall be shielded and directed away from
adjacent property.
c. The maximum daily hours of operation for the golf driving
range and the clubhouse shall be from 8:00 a.m. to 10:00 p.m.
Monday thru Sunday.
d. The clubhouse shall be a maximum of 2,400 square feet. Uses
permitted within the clubhouse shall be limited to an
administrative office; range ball dispensing; rest room
facilities; range ball cleaning and storage; golf club
rental; office for teaching pro; sale of accessory items
(tees, gloves, specialty clubs); beverage and snack vending
machines; and utility room.
e. The height of the netting along the projects western property
line, adjacent to SR-951, shall be a minimum of 50 feet in
height. The net shall be located as close as possible to the
last tee area provided on the golf driving range~
f. The tee area placement shall be positioned in such a manner
as to align the golfers stance towards the middle and
southeastern portion of the driving range.
g. Off-street parking shall be in compliance with Section 2.3.14
of the Collier County Land Development Code.
h. Provide a fire hydrant, serviced by a minimum 8" water main
within 500 feet of all structures. NFPA 1:3-5.5, CC Ord.
192-72
EXHIBIT "Oil
-1-
800( 000 FA:: 228
SEPTEMBER 28, 1993
i. All customers connecting to the water distribution and sewage
collection facilities to be constructed will be customers of
the County and will be billed by the County in accordance
with the County's established rates.
j. The on-site water distribution system to serve the project
must be connected to the District's 12" water main on the
north side of Marriot Club Drive consistent with the main
sizing requirements specified in the County's Water Master
Plan and extended throughout the project.
k. Letters of water and sewer availability shall be provided
prior to final SOP approval.
1. Detailed Paving, grading, site drainage and utility plans
shall be submitted to Project Plan Review for review. No
construction permits shall be issued unless and until
approval of, the proposed construction in accordance with the
submitted plans is granted by Project Plan Review.
m. Design and construction of all improvements shall be subject
to compliance with the appropriate provisions of the Collier
County Land Development Code, Division 3.2.
n.
Work within
requirements
No.82-91.
meet the
Ordinance
Collier County right-of-way shall
of Collier County Right-of-Way
o. This project shall be required to meet all County Ordinances
in effect at the time final construction documents are
submitted for development approval.
p. A copy of South Florida Water Management District Permit or
Early Work Permit with staff report is required prior to
final site development plan approval.
q. At the time of site development plan review, petitioner shall
demonstrate that no off-site drainage historically comes onto
site. If any off-site drainage is coming onto site, this
drainage shall be conveyed through or around the site
property.
r.
Prior to final
be submitted
Environmental
District and
required time
Agreement.
site development plan approval, evidence shall
to Project Plan Review that Department of
Protection, South Florida Water Management
The Conservancy, Inc. have been given the
to review the plans, per the Deltona Settlement
-2-
~OOK 000 W.[ 229
SEPTEMBER 28, 1993
/JIJI4fI/\
State of Florida
County of Collier
The foregoing
r:L l!:-- day of
is personally Kno
~~ iQgRtifi~~tiQA
Sheet was ac~owl~dged~9:J~re me this
, 1993 by tLvr.d S. lVl /StJ,J , who
~~;".h~~:d eX &~
~nature of ~tarY ~PUbliCJ
Po;(1JJ4 A:7~AJv
NOTARY PUBLIC,
Commission I~ ,;1.1.5"'17.=1 / /
My Commission 'res: J1~~/9t.
^
Nor: NO!t\fA A 8Oo,'IE
~~~srAnoFFLORIDA
MYco~ No.CC2IS97]
ION EXP. AlJC. 21,I9Q\
State of Florida
County of Collier
d-T.he, foregoing
.J:JJf day of
~s personally kno
as identificatio
heet was aCl)J:!OWledg;t: ~re me this
, 1993 by rlZlfTJ ,/ l.#M.n..7?1 who
or who has produced
did ( id not) take an 0 tho
~. "
(S' otary Publ~c)
A!J~I/lr1 4~",(/v
NOTARY PUBLIC
Commission I r!-f!:.-t9-/~'11~ j.,
My Commission Expires: J?j').-v /16
NOTARY f<<)!t\fA A 800NE
COMP~UC.srATl: OF FLORIO...
MLCOAf~;g~ No. CO!;972
. . ~I'. M:C, <;>,19<>1
CU-93-11 AGREEMENT SHEET/md
-3-
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000 p~r,( 230