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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 , 1 '.f" ~ '. ,..'...... '. ~ ...... ,. , .," ~'H.nU (J~ ,.:. .; .,-': "~'." .,,' ';':'."> ATr~ST: ":' ~"'vv- . . ~'.' - ~. .:' DW:J:GHT E. BR6cK-;. CLERK .. ~"~:....': ;~ill. ,~ . BY: .t- j. '. ....;....~_~.: " . ",'" ..J,~ ",;<'-'~ 'Ap ~pVED'.AS ~~") .RM "ANQ L AY'!"SU}'~CIENCY: " ~.'.~, ';":";:tV::':.i::':" ". ~:.:. ma..~~';.l~~' {k<.,J(4Lt:. 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 [. ~hlf3;' .. ~ .' (") o :lJ > r ~ ~ m m , iJ C , > ::0 iJ <: iJ z ~ G) :lJ > Z Ci) m !II fh !!~I >~ t,\ Vl- J~: ~~ ~,.i OVl ~ -0 rl-~Z .i 51'1 E.t, _Ill&" I' I I, J' ;n~(') 'i I mO p cn~ ) f...: ~m~ ! . = 0 "' '1lZ .> ll'~' PI i ! I N.....I SEPTEMBER 28, 1993 I;~ ~ ~lnil( C ~f'~~ ',:!!!!~ !HI Jill' .", ,p I\l I ill II ' U13 I mmU;11 J!rj! f.1 . "".'c~,,'~' If; !1. . :;lj':.2$I;' ," i: III, 2." 'I I. la I I,Wl"!fi'I:!11,.lli · "i I 'il It' · i D,U i'l Jsi I I :llli!! :', iji! I i!!!ll~il;1 H! : !ii~;"!lt hi jI ('!~I~~~;S Jl:, ,I ."., " I I 'I :E? ~= . ~ 800K 000 f'A',: 227 Exllll3~1 "c" z .~~, ...".. -.-,,"-,.. ...._~'_....,.-"".......__.,...._.._--_.._...__..__.,-----....._~"".,._--- 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- ~OOl( 000 p~r,( 230