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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: '-~L/.:U. / -1- - - - 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. y:J~/;'1.2 -2- - -- 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 ,.'1;'1'1' ", " (fl" ATTES'l":' , " "u' DWIGH~' 'E.:'.BROCK; Cf,ERK ~. _ .t~ ~'.'; _ .~. By:"p,j;~-< :7)/';." ACL ;,.,. . ~ 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 --I~/~/. :J -3- _......r____. ........... . ....--. -....--.--.-.- --------.---- . --. _r_........__ .--.. ...----- ~.~-. '~--iiAv-rt199"o COLLIER ~LVD ..,tJ" ~ eo ~~1. ,EXHIBIT "8" . s- .--,..-; ..,'-. , , f; 8 ,.... ~ @ . ._.c.;=.; .' ..."'" ~ -,-:- . A ~. _ ....-----t:...-.-. 1I1'oc.~ per ]"_..- --._~............ J"'..... ,.~l.:..-."-' ..... --~~~'-: -~:~:-: ....J. ~~-~~ ... _.' ~. --::. _of!'" - . - ~~-_. ., . '. ~. ~ . '- ; \ .~ t' -. , . , ! > c: c: w III c: W I- Z ;: '2:1 /-----.} , """._,,," .cy/, . ~.:.:--J - / - :.'} \~ j; / \ '~ .... ;,;- ~ -(~ \.-/ . . . .,,<~J~:': - . F;, ., <,-<-;';~fF>\' ~: ~,<~~~*~i(.?iL . '. \v '.#:~~.' ';;~:.:.\~ 1',. ; "i""-'!i~l.\:)"" ; . ;<:~:~-;, t>. I%,(l$. ;~~\: ';---'-i ,~,,~;";""'" . \>",/j;::":':':-:~c',. : ',iCc! (~;-,;;lff~ .. 'i.:t~~tr~?) . ~ : .-.guj" ,~,---...... "--'~) M %~.~' 'f'\' 0 \;\~ . ~ ..<& r:\ -1~ ..~:'-._....__.':"':-:-.. ...... ~..._., "-'" ............n.-.. -':-_.F :.....-.... ': _'..~.;.~~~-~:t .~ '. . .. ~ _:::>.:'T+-~:-:;~~'":;-:'" '-~._, .~~;~::;~:,,~' ... - - . 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 . 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 -.4 ~e/.).I.t.