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Ordinance 86-81RECEI~E!~ AN Oi~,DI'~J~ICE AMIH~DIN~ O~NANCE 82-2 ~ ~~- SI~ ZONING ~T~ONS FOR ~E ~INCO~O~T~ ,OF ~LL~ER ~, ~IDA, BY ~E~ING ~E OFFIC~ ZONING A~S ~ ~ 50-26-2 BY ~NG~NG ~-. ZO~NG ~SSIFI~T~ON OF ~E HEREIN DES~B~ PROP~ ~T~ ON ~ SO~ SIDE OF DAVIS ~0~, ~PR~I- ~TELY ~-~/2 MILE WEST OF SR-95~, JUST EAST OF ~IL DRIP-IN ~T~ IN SECTION 9, TO~S~IP 50 SO~, ~GE 26 ~T, + 12.&7 AC~S FROM A-2 TO ~ B% PR~IDING F0K ~E~I~ DATE. ~, Dr. Neno 3. SpaBma, representing A.W. Cook, Jr. and Christine G. Cook, petitioned the ard of County Co~tssionars to change Zoning Classification of the hera~,.~fter described real property$ NO~, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COI~T. SSIOIf~RS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The Zoning Classification of the herein deeczibed real property ia changed from A-2 to RD and cbe Official Zoning Atlas Map Number 50-26-2, as described in Ordinance 82-2 is hereb7 mnended accordin81yl The east 500 feet of the south 1,087.70 feet of the northeast 1/4 of the northvest 1/4, Section g. Township 50 Sou~h, Range 26 East, all in Collier County, Florida, O.R, 4~8, Pass ~$1, Official Records of Collier County. This Ordinance shall become effective upon notice that it has been received by the Office of the Secretary of State. BOARD OF COUNTY COMMISSIONERS COLLIER.gO~, FLORIDA ~ APPRO~D AS TO FORIt AND LFfAL SUFFICIEI~CY: ' BRUCE ARDERSON ASSI~'I'~T COUNTY ATTOPJqE'~ R-86-15 I AGREEP, ErlT ], Neno J. Spagna, as owner or authorized agent for Petitions R-S&-15C and PU-S&-13C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on November ~0, 1~8&. A. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan ~tll be submitted to the Natural Resources Management Department and the Community Development Division for their review and approv- al. This plan ~iil depict the inca''oration of native species and · their mix with other species~ if ar.~, The goal of site landscaping shall be the re-creation of nativi, .egetation and habitat charac- teristics lost on the site during :onstructton or due to past activities. -"'"~..'-StargaZer management of the improvements described under R-86-15C ~.' P. '~nd ~-B~-13C shall be ~equired only for water quality treatment I.~ ~ ?~rom ail ne~ construction as depicted on the rezone and provisional ~'. ~ ~e petittons,~nd shall be separated from the existing drainage '~' ':~. ~acilttles surrounding the d~ive-in theate~ and adjacent open ]and.~ C'.:' P~io~ to any fu~the~ devel~pmen~ Petittone~ shall provide a -- ~' comp~ehensive ~ate~ management plan fo~ his enti~e contiguously ~wned p~ope~ty in accordance ~tth the Rules of the South ~lo~ida Water Management District. D. Stipulation No. ~ above shall be guaranteed by a notarized "Letter of Commitment' to Collier County, and shall be recorded ~lth the County Clerk of Courts. This commitment shall be transferred to petitioners successors, heirs and/or assigns and shall be single or Jointly enforced. E. If the facility is to be In operation after sunset, the developer shall provide arterial level street lighting at the main entrance on Davis Boulevard. · F. Therrshal~-be-:n~ median opening-at this point~upon the four laning of Davis Boulevard. ,!~ **** O. A revised traffic impact statement will be required prior to ~,~.~ construction of the miniature golf courseJCt,~i~,-.~ H. There is insufficient information at this~time to determine if the project ~ould conform to tOD-& FAC for OSD~. Any establishment requiring a CC~ permit ~st sub~t~ plans for revte~nd approval. I. All driv~ays ~entrancesl shall remain private. a*** J~./A fence at least ~en (!0) feet in height and of a sufficient .. ~_~opacit~ so as ta pFevent golf balls from passing through tt shall ~'~ be erected along th~ southern perimeter of the driving range and Do G. along the eastern and ~festern perimeter fr~m the tee area to th~ southern fence. All lighting shall be located so as not te preduce glare onto adjacent properties. All parking areas and driveways that aro adjacent to the neighbor- ing properties and oriented so as to cause vehicles to face these neighboring properties shall be adequately buffered to prevent vehicle headlight glare from shlni-~ directly onto adjacent proper- ties, as deemed necessary during t site development plan approval prOCOSS. M. The archery range shall be adequ..tely buffered, fenced and/or bermed, to insure public safety, as d~emed necessary during the .o site development plan approval process. ,/ -.~? The ~aster Plan ska]l merit Plan (S~PI. An SDP shall be submitted and approved accocd~g to the requirements in the Z~ning O~dinance. . ~ .. '5~ - ............. REPRESENTATIVE FOR CCP~ __, 1~8~. - ..... ....... NOTARY SEAL NOT^~ PUSUC STA:TE OF ~OR~ · ~ Revised per ~¢¢ 1~'~---8'~-~--~''~T ......................... Stipulation C. above shall be ~uaranteed by a notarized "Lette~ of Comitment~ to Collier County, and shall be recorded vith the County Clerk o~ Courts prior to any construction permits bein$ issued by the County. This commitment shall be transferred to petitioners successors, heirs and/or assigns and shall be stn$1e or jointly e~iorced. A revised traffic impact statement rill be submitted as part of the Site Development Plan review/approval ~cess aC the t~ o~ application for construction permita for the miniature ~olf course (Putt-Putt) if required by the Zonin~ Director. A fence at ~eaet ten (10) feet in heiiht and of a sufficient opacity and lensth mo as co prevefit ~olf balls from passlnB throush it shall be erected alon~ the southern p,erimeter of the d~ivin~ ranse and alone the eastern and vestern pecmimeter from the Cee area to the southern fence, at such time end such l~cation as determined necessary by the Zonin$ Director. STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Co11]-7 County, Florida, do hereby certify that the foregoin.', is a true copy of ORDINANCE NO. 86-81 that was adopted by the Board of County Commissioners during Regular Session on the 9th day of December, 1986. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of December, 1986. JAMES C. GILES Clerk of Courts and Clerk ....... ,,,,,,,,, Ex-officio to the Board o~,-.'~ V6i,o'",,o · · .. .. County Commissioners .. ~,~ ..~i,,,. .. ,.~..-,.....~:,~..~..., By: ' ' ' ' ' ' ;" . 'g~a ~agrx, p~ ~.~t~,. ~, ~;~