Resolution 2011-018
RESOLUTION NO. 11- 1 8
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, DENYING THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
GOLF DRIVING RANGE WITHIN AN AGRICULTURAL (A)
ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.
A.l.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR 29.6 ACRES OF PROPERTY LOCATED AT 6500
AIRPORT ROAD NORTH IN SECTION 12, TOWNSHIP 49
SOUTH, RANGE 25 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. 2004-41, as amended) 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 Board of Zoning Appeals (Board), 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 a Conditional Use
for a golf driving range within an Agricultural (A) Zoning District pursuant to Subsection
2.03.01. A.1.c.17 of the Collier County Land Development Code on the property hereinafter
described, and the Collier County Planning Commission has made findings that the granting of
the Conditional Use will not adversely affect the public interest and the specific requirements
governing the Conditional Use have been met and that satisfactory provision and arrangement
have been made concerning all applicable matters required by said regulations and in accordance
with Subsection 10.08.00.D. of the Land Development Code; 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:
Petition Number CU-PL2009-1497 filed by Karen Bishop ofPMS Inc., representing John
A. Pulling, Jr., Trustee, with respect to the property hereinafter described in Exhibit "A", be and
the same is hereby DENIED for lack of the necessary votes for approval ofa Conditional Use for
a golf driving range within an Agricultural (A) Zoning District pursuant to Subsection
2.03.01.A.l.c.17 of the Collier County Land Development Code, for the reasons set forth in a
record of the proceeding.
Pulling Driving Range\CU-PL2009-1497
Revised 1/28/11
10f2
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion for approval of the Conditional U%,ailed to
achieve the necessary four of five votes for passage of the Conditional Use, this day of
January, 2011.
ATT~r;' ':'J . fJ} "."
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DWlG ' T E:'BR~, CLERK
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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By: ~ .
FRED W. COYLE, Chat
Approved as to form and
legal sufficiency:
Ji,A A: C/O
Heidi AShton-Cicko
Assistant County Attorney
Section Chief, Land Use/Transportation
Attachments: Exhibit A - Legal Description
09-CPS-00984/42
Pulling Driving Range\CU-PL2009-1497
Revised 1/28/11
20f2
LEGAL DESCRIPTION:
THE NORTH ~ OF THE NORTH ~ OF THE NORTH ~ OF THE NORTHWEST ~ LESS
WEST 100' FOR R.O. W. SECllON 12, TOWNSHIP 49 SOUTH. RANGE 2S EAST,
COlLIER COUNlY. flORIDA, CONTAINING 19.768 ACRES, MORE OR LESS.
AND
THE NORTH ~ OF THE SOUTH ~ OF THE NORTH ~ OF THE NORTH ~ OF THE
NORll-lWEST ]4. SECllON 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNlY, FLORIDA, LESS THE WEST 100 FEET THEREOF, CONTAINING 9.896 ACRES,
MORE OR LESS.
EXHIBIT A