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CCPC Agenda 05/05/2011 RCCPC REGULAR MEETING AGENDA MAY 5, 2011 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MAY 5, 2011, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES —April 7, 2011 6. BCC REPORT - RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDZ-2007 -AR- 12292: Cope Reserve RPUD -- An ordinance amending Ordinance Number 2004 -41, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps; by changing the zoning classification of the herein described real property from the Estates (E) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Cope Reserve RPUD. The project proposes a total of 43 dwelling units comprised of single - family detached, single - family attached, multi - family and townhouse unit types, in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 14.3± acres; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] B. PUDZ- PL2009 -2496: Emmanuel Evangelical Lutheran Church - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Estates (E) Zoning District to a Community Facilities Planned Unit Development (CFPUD) Zoning District for the project known as Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD, to allow 90,000 square feet of uses to include worship /church and related social services, a 300- person child and adult day care facility, job training and vocational rehabilitation, a 450- person private school; or, in the alternative, development of single- family residential dwelling units, located on the South side of Oil Well Road, in Section 19, Township 48 South, Range 28 East, Collier County, Florida, consisting of 21.72 + /- acres subject to conditions; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS A. CU- PL2010 -1949, Hitching Post Plaza, a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use to allow a coin operated amusement arcade within a C -3 Zoning District pursuant to Subsection 2.03.03.C.1.c.4 of the Collier County Land Development Code for property located in Section 33, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal Planner] 10. OLD BUSINESS A. Continued from the March 17, 2011 meeting.- Watershed Manazement Plan Update Workshop to provide background information to the CCPC. The presentation on a Summary of Existing Conditions is continued from the 3/17/11 meeting. The presentation includes a summary of Water Budgets, Water Quality Impairments, Native Habitat Evaluation, and Ground Water Storage. The Alternative Analysis includes discussions on recommended projects by Watershed, Low Impact Development Standards, and a TDR and Mitigation program for a portion of North Golden Gate Estates. [Coordinator: Mac Hatcher, Senior Environmental Specialist.] 11. NEW BUSINESS A. Overview of Proposed Administrative Code: Staff presentation of the framework and procedure involved in the Board - directed Administrative Code [Coordinator: Fred Reischl] 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 4/26/2011 CCPC Agenda/Ray Bellows /jmp AGENDA ITEM 9 -A Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT HEARING DATE: May 5, 2011 SUBJECT: CU- PL2010 -1949, HITCHING POST PLAZA PROPERTY OWNER/AGENT: Applicant/Agent/Owner: JCS Realty Group, LLC 2614 Tamiami Trail North # 615 Naples, FL 34104 REOUESTED ACTION• To have the Collier County Planning Commission (CCPC) consider an application for a Conditional Use for Coin - Operated Amusement Devices in the Commercial Intermediate (C -3) Zoning District, pursuant to Land Development Code (LDC) Subsection 2.03.03 C. l .c.4. GEOGRAPHIC LOCATION: The subject 4.46± acre site is located at 11536 Tamiami Trail East (U.S. 41) in Section 33, Township 50 South, Range 26 East, Collier County, Florida. (See the location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to obtain a Conditional Use approval to allow existing Coin - Operated Amusement Devices to continue to operate at the Hitching Post Shopping Plaza, which is located in the C -3 zoning district. Coin - Operated Amusement Devices have a Standard Industrial Classification (SIC) number 7993. The land use is listed as a permitted use in the C -4 and C -5 zoning districts and as a Conditional Use in the C -3 zoning district. The proposed use is subject to Florida Statute Section 849 -161. The subject Coin - Operated Amusement Devices have game machines into which players insert cash, a credit card or game card that is purchased from the merchant. Player's who win may redeem winning points CU- PL2010 -1949, HITCHING POST Page 1 of 8 4 -21 -11 LOCATION MAP is PUD HAVEN .AWW- 1A51p CGNSERVATON AREA WHISTLER'S COVE U0G WATDIFORB WON C,og VERGE ESTATES (S) RRST A39EMBLY HACIENDA 13 RIWERA Y C -5 17 NAPLES LAKES MINISTRIES 18 PU 8 COUNTRY =0 14 ,S STATES P PUD NON 15 SITE CATHOLIC VINCENTIAN (s� C UB B CHURCH `INGSONG MAND(C.R. r�M B64) M RAMIESNAKE HAMMOCK ROAD lR'92 NA NOOK PARK q z3 z4 zs ze 2T 28 zB 30 31 lz JJ 7t JS ]B SIERRA 11 COMMERCE CENTRE t LELY MEADOWS GS BENSON STREET LELY PALMS BI L HACIENDA LAMES COUNTRY COLLEGEWOOD ttMRR (BRO (P) CLUB COLLEGE EDISON 24 BASAL BAY 19 (BRI) 20 PARK NLLAGE 21 Y2 3 PU LELY PORTER STREET MH ROKRE00E C-3 SOU 33 33 3 35 36 37 SE 30 40 41 42 4 41 HITCHING POST m Yp SABAL PALM ROAD MOBILE HOME PARK NAPLES MANOR LELY, A R RT COMMUMIY NUA CRT) 25 30 29 29 27 0 26 Al BAY 1R 5 U 291 N1NgNG WENT —TH ESTATES 90 CYPRESS WENTWORTH ESTATES M1TT.E 9� HITCHING POST (DR') Waoos TRAVEL TRAILER ME TOPS TRACT GC -i MH \\ PU WHISTLERS PROJECT TRAIL cow LO CAT I O N ACRES 31 32 33 34 35 [36 NNCENTAN (S) RENTWOR1H ESTATES FALLING VICTDRIA FALLS WATERS BEACH RESORT WINDING WENTWORTH CYPRESS (m) 5 ESTATES 4 EAGLE 2 1 6 3 CREEK ARTESA POINTE LANDS END Ta, PRESERVE A MAKES MOTORCOACH RIVERBEND R—, 12 7 6 9 10 Q ASCM BUSNEWS N 2 CM. OF NAPLES SILVER UNf3 IN COPPER y PEUCAN 1. PRERVE CDVE SE ROOKERY BAY 13 MARCO SNORES / NDDLER'S CREEK 18 (DRI) 17 16 15 14 LOCATION MAP is PUD WHISTLER'S COVE C,og A C -5 Cu PU P PUD SITE VINCENTIAN (s� LO C AT 10 N r�M /qMi lR'92 q z3 z4 zs ze 2T 28 zB 30 31 lz JJ 7t JS ]B t GS BENSON STREET C-3 \ 4/ 'u3 36 BP 00 BJ 64 BT 0B TI 72 15 TS 71 BO 5t 5] 5B BI Bt BB BB BR 70 73 74 77 78 91 RT 2 PU PORTER STREET MH C-3 3 33 33 3 35 36 37 SE 30 40 41 42 4 41 HITCHING POST m Yp MOBILE HOME PARK NUA G PUD 90 TTRVC WENTWORTH ESTATES 9� HITCHING POST TRAVEL TRAILER PARK TRACT GC -i MH \\ PU ZONING MAP PETITION #CU -PL- 2010 -1949 o n TRAILER PARK ----------------------------------- -- — — — — — — — — — — — — — — — -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — z I -IF Fi I (PF-11 LL — PT 1 I o b r P.O. ARCH17FOURAL SITE PLAN 7AMIAMI "FlRAII, (US — 4- 1 MON I W�%vosLooffRrogifrDfil wffafw cfo�fs 0 ""'n, flulto1wrl ERVXMINMAMW v. —.— —1- . 5[[11.11 N1 -Ill—Ol Ol I SIA.—I SIM, -11— .11, 1. IF p. r III, _411C L —11 IN-1.11 .11IE I— E-IOI I. I.— *11 111 111- wlvl I"E sMVpwDS 11 UEIIi OF, 4l —TlIG BUIL011—I I.C. 0'. 1-- I—DIT OF TIFE 4SESS V1 EI2IO1 SINITURIC(S), .I 'ID —0 11 It -111 OF IllE I.— I-- III M OF- ..P. TlICUE OF ` Il.1111O Sln__ E-111 BUM AIM Ili& Sri[ IFI—DR I WST C01110% lVill' nlE —Da Ol- SMIlIll S. 11, u M p:yfpyPDn vv M". —I 1. .1 —11F. vu5 mwA I: I'll sE r 100. D.- 'Ell W611WIKH 15 — "Ell r"FSTIVOINVIAMOM. UISMISNISIIQEDAOM�, NORTH Et VEVA TION 145711*1119011101 A EA57'Et IIEVA 77ON SC4[F. P-JO• PAR77AL SOL17HELVEV477ON I LOGOONAIIAP •lie a�.Ix vJ, Ile "" 0 6-1I.AW4 MIEVELVIVATION AR SOW -XV BwrnID OCT 072005 IFIV-1.1. Ol. —II I'll W-II .1 "E.- Lu 00, V) ARCHITECTURAL SITE PLAN, tour PLAN AMD EIEVATIONS ic I for merchandise only. (That is, in accordance with Florida Statute Section 849 -161, a player cannot win cash). During a site inspection of this facility, Staff observed that the patrons had the potential to accrue points and win merchandise such as restaurant gift cards, retail gift cards, an American Express gift card, and gasoline gift cards. There are no cash winnings at the subject property. The subject Coin - Operated Amusement Devices have been operating at this location since autumn of 2010. According to the Application, the business operating hours are 7 days per week with proposed hours from 9:00 a.m. to 1:00 a.m. The establishment is limited to adults who are age 21 and over. The business is currently the subject of a Code Enforcement Case, CEOCC20100021455. (See Attachment A: Code Case Details) which resulted in the property owner submitting this Conditional Use application. Aerial Photo records indicate that the Hitching Post Plaza has been in existence since 1985. The shopping center is located on the southwest corner of Barefoot Williams Road and Tamiami Trail East (US 41). The subject site is an approximately 5 acre site with 46,600 square feet of commercial space. The Coin - Operated Amusement Devices are located in a central tenant space in the strip shopping center. The required parking of 187 spaces will be met by the 222 existing parking spaces. Vehicular access is provided by two access points on Tamiami Trail East (US 41) and along the Barefoot Williams Road frontage. There is existing landscaping along Tamiami Trail East (US 41) and along the west property line. There is dead hedge material in the landscape buffer along Tamiami Trail East, and the replacement of the dead hedges has been made a condition of approval. There is no existing landscaping along Barefoot Williams Road as there are existing parking spaces that are accessed off of Barefoot Williams Road. There is also no landscape buffer along the rear property line as the property line runs through the middle of the alley. (See Site Plan on previous page and Aerial on the next page). In addition to the Code Enforcement Case, there has been one complaint regarding the Coin - Operated Amusement Devices. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently developed, in the C -3 (Commercial Intermediate) zoning district SURROUNDING: North: Tamiami Trail East (US 41), then Eagles Nest Park in the P (Public Use) and A (Agricultural) zoning districts East: Vacant land in the C -3 (Commercial Intermediate) zoning district South: Hitching Post Mobile Home Park in the MH (Mobile Home) zoning district CU- PL2010 -1949, HITCHING POST Page 4 of 8 4 -21 -11 West: Vacant land in the C -3 (Commercial GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: iat�) zoning district M %, N4 Xi r Future Land Use Element (FLUE): The subject property has a Future Land Use designation of Urban Mixed Use District, Urban Coastal Fringe Subdistrict. The purpose of the Urban Coastal Fringe Subdistrict is to provide transitional densities between the Conservation designated area primarily located to the south of the subdistrict, with the remaining urban designated area located to the north of the subdistrict. The property is further depicted on map FLUE -11, Existing Zoning Consistent with FLUE by Policy 5.9, 5.10, 5.11 and 5.12 of the Future Land Use Element. As such, FLUE policies under Objective 5 allow development and re- development per the property's existing zoning designation. CU- PL2010 -1949, HITCHING POST 4 -21 -11 In addition, the subject site is located within the existing "Hitching Post Center" and the Conditional Use may be considered an allowable use per Land Development Code (LDC) Section 2.03.03 of the existing C -3 zoning district, and per SIC number 7993. No changes are being proposed. Based on the above analysis, staff finds the requested conditional uses consistent with the Future Land Use Element of the Growth Management Plan. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of the neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.03 C.l.c.4., of the LDC permits Conditional Uses in the Commercial Intermediate (C -3) zoning district. The requested use for Coin - Operated Amusement Devices are permitted as conditional uses in the Commercial Intermediate (C -3) zoning district, subject to the standards and procedures established in section 10.08.00, conditional uses procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the Growth Management Plan (GMP) and this project will be in compliance with the applicable provisions of the Land Development Code (LDC). 3. Ingress and egress to the 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. Existing ingress and egress to the subject property is provided by two points along Tamiami Trail East (US 41) and along the Barefoot Williams Road street frontage. There is a service alley adjacent to the rear property line. There is a sidewalk along Tamiami Trail East (US 41) and a covered walkway along the front of the stores. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As previously stated, the Coin - Operated Amusement Devices have been in existence since November 2010. It has had minimal impact on neighboring properties in relation to glare, economic or noise effects. This is because activities at the subject property are generally concentrated inside a tenant space. CU- PL2010 -1949, HITCHING POST Page 6 of 8 4 -21 -11 If approved, the Conditional Use for Coin - Operated Amusement Devices that have been in existence for the past 6 months should have minimal impact on neighboring properties in relation to glare, economic or noise effects. 5. Compatibility with adjacent properties and other property in the district. This strip shopping center has been in existence for nearly 30 years and the Coin - Operated Amusement Devices have been in existence for the past 6 months. As stated previously, there has been one complaint in addition to the Code Enforcement Case. Based on the above findings, this conditional use is recommended for approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION• The EAC did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on April 4, 2011, at 5:30 p.m. at the Hitching Post Plaza, located at 11500 Tamiami Trail East, Naples, Florida. Approximately 10 people along with the applicant and County Staff attended the meeting. No complaints were received from any of the neighbors at this meeting. The meeting ended at approximately 6:00 p.m. Attachment B: NIM Minutes. COUNTY ATTORNEY OFFICE REVIEW: For further information, please refer to The County Attorney Office has reviewed the staff report for CU- PL2010 -1949 revised on April, 13, 2011. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL2010 -1949 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. The Conditional Use approval is subject to the removal of the dead hedge material from the Type D right -of way landscape buffer along Tamiami Trail East (US 41). The dead hedge material shall be replanted with 3- gallon, 18 -24 inch height plant material. 2. The hours of operation are limited to 9:00 a.m. to 1:00 a.m. CU- PL2010 -1949, HITCHING POST Page 7 of 8 4 -21 -11 PREPARED BY: NANCY GUfN H, AICP, PRINCIPAL PLANNER DATE -�-�- GROWTH MENT DIVISION REVIEWED BY: n-'AOLA� RAYMOND V. BELLOWS, ZONING MANAGER DATE GROWTH MANAGEMENT DIVISION f LIAM D. LO ' NZ, Jr., P.E., DIRECTOR DATE GROWTH MANAGEMENT DIVISION APPROVED BY: L� — NICK CASAL NG , DEPUTY ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION Attachments: Attachment A: Code Enforcement Case Attachment A: NIM Minutes Attachment B: Resolution Tentatively scheduled for the June 28, 2011, Board of County Commissioners Meeting CU- PL2010 -1949, HITCHING POST Page 8 of 8 4 -12 -11 J* r r ,gov.net Report Title: Code Case Details Date: 4/20/2011 12:15:34 PM Case Number: Case Number: ICEOCC20100021455 I Case Type: Occupational Licensing Priority: Normal ceocc20100021455 Status: Date & Time Entered: 111/30/2010 12:25:43 PM Entered By: I KimberlyBrandes I Inspector: MicheleMcgonagle Case Disposition: Hearing Jurisdiction: Collier County Code Enforcement Origin: Anonymous Complaint Detail Description: RUNNING BUSINESS INPROPERLY ZONED. SUPPOSE TO BE C -4/C -5 BUT BLDG IS A C -3 FOR THE BUSINESS BEING RAN ON PROPERTY. " "PALACE GAMES" [USE TO BE LOCATED@ 6070 Collier Boulevard, Naples, FL] Paying Cash for winners and not allowable to do that (239) 530 -1918 Location Comments: 11536 TAMIAMI TRL E. "PALACE GAMES" (NEXT TO 11518 TAMIAMI TRL E) - RIGHT ACROSS EAGLE LAKE PARK 11565 Tamiami Trl E, Naples (CALLER: BEVERLY BAGIEL 239 450- 0297.- CALL IF CAN NOT FIND LOCATION) (bldg- 11500 -11572 unit # 11536 which is next to 115321 447800009 Historic Owner JCS Development, LLC Payor JCS REALTY GROUP LLC Property Owner JCS REALTY GROUP LLC Business Management & Budget Office Attachment A 1 Code Case Details Execution Date 4/20/2011 12:15:34 PM Desc Assigned Required Completed Outcome Comments Enter Initial Case Information KimberlyBran 11/30/2010 11/3012010 Complete des Initial Inspection MicheleMcgon 11/30/2010 12/3/2010 Violation(s) Michele, caller called back with detail location agle Found of — (bldg- 11500 -11572 unit # 11536 which is next to 11532)./kb I received an e-mail chain from Claudine Auclair which stated that there is a pre -app meeting scheduled for 12- 9-2010 for a Conditional Use for this business. There is also an entry from Christine Willoughby stating that there is no business tax license or a zoning certificate issued for Palace Games which is currently open for business at this location. I made a site visit on 12 -2 -2010 and observed Palace Games is open and operating. I met with Christopher Shucart, the building owner, who stated that he is in the process of applying for a Conditional Use and has been working with Claudine Auclair. I explained to him that the business cannot operate until they have a current business tax license and a zoning certificate and must close until then am following up with Claudine Auclair and Christine Willoughby Attach Picture(s) MicheleMcgon 12/3/2010 12/3/2010 Complete agle Generate Notice of Violation MicheleMcgon 12/612010 12/6/2010 Complete agle CE Mailing rajahindira 12/6/2010 12/6/2010 Complete Mailed NOV regular and certified to JCS Development on 12/6/10 - it CE Staff Review rajahindira 12/6/2010 12/6/2010 Complete Scanned and attached AOM to case - it Record Violations MicheleMcgon 12/6/2010 1216/2010 Complete agle CE Phone Call KimberlyBran 12/812010 12/8/2010 Complete CALL: 5MIN kB des CALLER CHECKING STATUS OF CASE. READ THE UPDATES. CALLER STATES THEY ARE STILL OPERATING AND DOES NOT UNDERSTAND HOW THEY ARE STILL. CALLER STATED NO RETURN CALL MADE FROM INVESTIGATOR AFTER LEAVING 4 MESSAGES. /KB Business Management & Budget Office 2 0 Code Case Details Execution Date 4/20/2011 12:15:34 PM Desc Assigned Required Re- Inspection MicheleMcgon 12/13/2010 agle CE Staff Review MicheleMcgon agle 12/14/2010 Staff Review rajahindira 12/16/2010 CE Meeting MicheleMcgon agle 12/20/2010 Re- Inspection MicheleMcgon agle 1/4/2011 Execution Date 4/20/2011 12:15:34 PM Re- Inspection MicheleMcgon Completed Outcome Comments 12/15/2010 Non- On 12/9/2010 1 attended the Conditional Use Compliant pre -app meeting. Christopher Shucart, the the case for CEB in February Re- Inspection property owner and John Sekely, the business 1/25/2011 1/2812011 owner were in attendance. I explained to them I called Nancy Gundlach, Principal Planner, that the business cannot continue to stay open without obtaining a business tax license for an update on the Conditional Use and Zoning Certificate and that neither of these items can be obtain with the current C -3 application that was submitted. She said that zoning therefore the business must close until the conditional use is approved. I gave them a she has the application and the review is due copy of the notice of violation which was mailed on 12 -6 -2010 with a compliance date on 2/14/2011. CU -PL- 2010 -1949 Hitching of 12/21/2010. 1 informed them that on 12/22/2010, if the business has continued to Post operate without these items I will schedule the case for a hearing with the Code Enforcement This case is being prepared for a hearing with Board in February. Steve Williams (County Attorney) informed them that if they continue the Code Enforcement board Re- Inspection to operate the business prior to obtaining the 1131/2011 2/1/2011 tax license and zoning certificate it would be submit CEB packet at their own risk and subject to fines which may imposed by the Code Enforcement CE Staff Review rajahindira Board. 12/6/2010 Complete Pre -app meeting scheduled for Thursday, Scanned and attached Statement of Violation December 9, 2010. 12/16/2010 Complete Scanned and attached GCNOV to case - it 12/20/2010 Complete On 12110/10 1 met on site with Fire Inspector, Michael Cruz to verify that no alterations have been made to the electric or fire walls. After reviewing the original building plans and conducting an inspection, Inspector Cruz did not find any evidence that altrerations were made to the electric or fire walls. 1/6/2011 Non- I made a site visit on 1/4/2011 and observed Compliant that the business is still open. I am preparing a packet for the case to go to the Code Enforcement Board hearing on 2/24/11 per Diane Flaoo Re- Inspection MicheleMcgon 1/20/2011 1/21/2011 Non- The casino remains open and I am preparing agle Compliant the case for CEB in February Re- Inspection MicheleMcgon 1/25/2011 1/2812011 Non- I called Nancy Gundlach, Principal Planner, agle Compliant for an update on the Conditional Use application that was submitted. She said that she has the application and the review is due on 2/14/2011. CU -PL- 2010 -1949 Hitching Post This case is being prepared for a hearing with the Code Enforcement board Re- Inspection MicheleMcgon 1131/2011 2/1/2011 Requires submit CEB packet agle Hearing CE Staff Review rajahindira 1/31/2011 1/31/2011 Complete Scanned and attached Statement of Violation & Request for Hearing to case - it ousfriess managernent & twaget Uitice 3 Code Case Details Execution Date 4/20/2011 12:15:34 PM Desc Assigned Required Completed Outcome Comments Assign Hearing Type MicheleMcgon 2/1/2011 2/1/2011 Code agle Enforcemen t Board Hearing CE Supervisor Review (CE) petrullipatricia 2/1/2011 2/1/2011 Rejected 2/1 mtc87 for pp28. reviewed packet, made some suggested corrections, and asked for clarification on the name of the respondent. On the NOV it is listed as one specific entity, then on all other docs it is listed differently. also had a question on the appropriate code section cited. Re- Inspection MicheleMcgon 2/2/2011 2/2/2011 Non- While preparing the case for a hearing I found agle Compliant errors on the Notice of Violation. I have generated a corrected NOV, requested customer service to mail it, and I will attempt to serve it to the property manager Personal Service Attempt MicheleMcgon 2/2/2011 217/2011 Complete I made a site visit on 2/2/11 and served the agle corrected NOV to Christopher Shucart, Manager. I will prepare an Affidavit of Service. The NOV was also mailed certified and first class to the property owner and registered agent. CE Mailing rajahindira 212/2011 2/2/2011 Complete Mailed NOV regular and certified to (JCS Realty) and R/A Jeff Novatt o "2/2/11 CE Staff Review rajahindira 2/2/2011 2/2/2011 Complete Scanned and attached AOM to case (JCS Realty Group) on 2/2/11 - it `§ CE Staff Review rajahindira 2/2/2011 2/2/2011 Complete Scanned and attached AOM (Registered Agent) to case on 2/2/11 - it Schedule Case for Hearing ColleenDavids 219/2011 2/9/2011 Complete Case scheduled for CEB 2/24/11 -CD on Generate Hearing Notice (CE) ColleenDavids 2/9/2011 2/9/2011 Complete 2/11/11 -NOH mailed regular mail. Evident on packet sent certified -CD Re- inspection MicheleMcgon 2/10/2011 2/10/2011 Non- I checked with the Tax Collector and there is agle Compliant still no local business tax receipt for this business. The business remains open. CE Staff Review rajahindira 2/10/2011 2/10/2011 Complete Scanned and attached GCNOV to case - it CE Staff Review rajahindira 2/11/2011 2/11/2011 Complete Scanned and attached GCNOV to case - it Pre Hearing Inspection MicheleMcgon 2/23/2011 2124/2011 Complete agle Record Hearing Results jenniferbaker 2128/2011 2/25/2011 Complete Stipulation agreement. Respondent ordered to apply for and obtaining any and all applicable local business tax receipts from the Tax Collector to include, but not limited to, a zoning certificate from the Growth Management Division within 180 days (August 23, 2011) or $100 /day and pay operational cost of $80.29 within 30 days. JW44 Re- Inspection MicheleMcgon 3/28/2011 4/4/2011 Non- Operational costs were paid on 3/10/2011. agle Compliant The neighborhood informational meeting for the conditional use is scheduled for 4/4/2011; CCPC tentative for 515/2011 and BCC tentative for 6/14/2011. Business Management & Budget Office 4 J Code Case Details Execution Date 4/20/2011 12:15:34 PM Desc Assigned Required Completed Outcome Comments Generate Hearing Results Notice (CE) jenniferbaker 4/1/2011 3/21/2011 Complete Scanned order into G -Drive and Cityview. OR Obtain Book 4656/PG 2324. Stipulation agreement. Respondent ordered to apply for and obtaining any and all applicable local business tax receipts from the Tax Collector to include, but not limited to, a zoning certificate from the Growth Management Division within 180 days (August 23, 2011) or $100 /day and pay operational cost of $80.29 within 30 days. JB44 Not Applicable MicheleMcgon 4/4/2011 4/4/2011 Not agle Required Post Hearing Re- Inspection MicheleMcgon 8/24/2011 Pending agle Violation Description Status Entered Corrected Amount Comments Occupational License - Failure to NOV Issued 12/3/2010 8/23/2011 $0 operating a business without obtaining an Obtain occupational license and zoning certificate Title Reason Result Compliance Fine /Day Condition Code Enforcement Board Hearing on Code Review Guilty 8/23/2011 $0 Scanned order into G -Drive and Cityview. OR 2/24/11 Book 4656/PG 2324. Stipulation agreement. Respondent ordered to apply for and obtaining any and all applicable local business tax receipts from the Tax Collector to include, but not limited to, a zoning certificate from the Growth Management Division within 180 days (August 23, 2011) or $100 /day and pay operational cost of $80.29 within 30 days. JB44 Business Management & Budget Office Minutes of the Hitching Post Plaza — Conditional Use Neighborhood Information Meeting April 4, 2011 Minutes prepared by Christopher Shucart, managing member of JCS Realty Group, LLC: The meeting called to order by Christopher Shucart who introduced Nancy Gundlach as the Collier County Principal Planner of project and Commissioner Fiala. Attendees were informed that the Florida Department of Transportation approved a traffic signal at Barefoot Williams Rd and US 41. Reason for meeting is to discuss a conditional use that will be presented to the board of County Commissioners on June 28h. A resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use to allow a coin operated amusement arcade within a C -3 Zoning District. Man asks question about age limitations. He has some concerns about the age group that might go to the arcade. Christopher stated that he believes the minimum age is 21. Christopher also stated that even with a minimum age of 21 the majority of all patrons are middle aged to seniors. A lady in the audience concurred with Christopher's statement about the age of the patrons /customers. Nancy states that the business already exists and that this process is to have the arcade stay permanently. Commissioner Fiala asked how the people felt. Received positive feedback. Some people said they just really wanted to know what this was about. No one was opposed to the idea or the use after the questions were answered. A question is asked if the games are slot machines and was told no, they are video games. Nancy explains there are two upcoming hearings. One for the BOCC in June and one on May 5' for CCPC. Man asks if the CU Approvals is a done deal because the tenant had told him that he was planning to expand his unit and had a few questions about this expansion. Was told no the CU approval was not a done deal and both Christopher and Nancy stated that doing the improvements was taking a risk if the CU does not get approved. A building permit was issued for the proposed expansion/work. Code enforcement case was brought up. It's about operating a business that's not allowed. Businesses like Palace Games cannot operate in the current zoning district without having a Conditional Use and that the case remains open until the CU is approved. Christopher advised the attendees that the way they are trying to get a Conditional Use is not the normal way. Going this way because he thought the tenant had put the proper procedures in place, but found out after the fact there were miscommunications and misunderstandings between the Tenant and County Staff therefore Christopher is involved in the process now to make sure everything is done the right way. Attachment B 4- RESOLUTION NO. 1I- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A COIN OPERATED AMUSEMENT ARCADE WITHIN A C -3 ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.03.C.1.c.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 33, TOWNSHIP 50 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. 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 of a Coin Operated Amusement Arcade within a C -3 Zoning District pursuant to Subsection 2.03.03.C.1.c.4 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- PL2010 -1949 filed by Christopher Shucart, representing JCS Realty Group, LLC, with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for a Coin Operated Amusement Arcade within a C -3 Zoning - District pursuant to Subsection 2.03.03.C.1.c.4 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C ". Exhibits "A ", "B ", and "C" are attached hereto and incorporated herein by reference. Hitching Post Plaza / CU- PL2010 -1949 Rev. 2/15/11 1 of 2 Attachment C BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super- majority vote, this day of .2011. ATTEST: DWIGHT E. BROCK, CLERK I:• , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney 2 `is�t� Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C — Conditions CPU 1- CPS - 01082 \8 Hitching Post Plaza / CU- PL2010 -1949 Rev. 2/15111 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman h 0 Legal Description of Property A PARCEL OF LAND LOCATED IN THE NORTHWEST 114 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST/40F SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 2 °49'48" EAST ALONG THE WEST LINE OF THE NORTHWEST' /4 OF SAID SECTION 33 FOR 884.91 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 41 (STATE ROAD NO. 90) A 200.00 FOOT RIGHT OF -WAY, THE SAME BEING A POINT ON A CIkCULAR CURVE; THENCE 44.24 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3210.55 FEET, A CENTRAL ANGLE OF 0 047'22" SUBTENDED BY A CHORD WHICH BEARS SOUTH 54 001'20" EAST FOR 44.24 FEET; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 41, SOUTH 54 025'01" EAST FOR 134.94 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE SOUTH 54 °25'01" EAST FOR 929.42 FEET ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE TO THE WESTERLY RIGHT -OF -WAY LINE OF BAREFOOT WILLIAMS ROAD, A 60 FOOT RIGHT-OF-WAY; THENCE SOUTH 35 °34'59" WEST FOR 200.00 FEET ALONG SAID WESTERLY RIGHT-OF-'WAY LINE TO THE NORTHERLY PROPERTY LINE OF THE HITCHING POST TRAILER PARK; THENCE NORTH 54 025'01" WEST. FOR 831.36 FEET, ALONG SAID NORTHERLY PROPERTY LINE, AND ALSO BEING 200 FEET SOUTH AND PARALLEL TO THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 41 TO THE SOUTHEAST CORNER OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 1913, PAGE 1601, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 25 043'36" EAST FOR 16.28 FEET ALONG SAID PROPERTY LINE; THENCE CONTINUE ALONG-SAID PROPERTY LINE NORTH 19 030'57" WEST FOR 87.30 FEET; THENCE CONTINUE ALONG SAID PROPERTY LINE NORTH 73 005'57" WEST FOR 25.00 FEET; THENCE CONTINUE ALONG SAID PROPERTY LINE NORTH 35 034'59" EAST FOR 27.00 FEET TO THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 1315, PAGE 1853, OF THE PUBIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE NORTH 35 034'59" EAST FOR 115.00 FEET ALONG SAID PROPERTY LINE TO THE POINT OF BEGINNING. Exhibit A iloxep♦ r� V e k � a a z e W' w I Lo -J6i°b H, `• auuw® �Y ;� wii6�u iiLK 504..r�2piY � i 1 y� �a aYYl1 ci n� A A• A�`_E �1 N�ti w L �c3H X D W k.4 i h 7 nw LL �$ e k � a a z e W' w I Lo -J6i°b H, `• auuw® �Y ;� wii6�u iiLK 504..r�2piY � i 1 y� �a aYYl1 ci ZUNI F nF�B a p r to .'c X W I S A A• A�`_E N�ti „S2 L �c3H X D W k.4 i h 7 nw �$ 42b �5 eyx a a gsY a � } t4 Sh �p i � ,"�S p Eq a97► � �� ; 177 YY E a 33 GIFAX 9 �y �s Nf€ 4s:e� &a v4 Y u � A 21 g w ti Ft 6 S aa' C� x g S� H w ti bb 4Y j_a sa h Of W t€ Y O ryry � � iB,yAngp °nn �� d��voo�add ZUNI F nF�B a p r to .'c X W I S t$8A A• A�`_E N�ti „S2 FL is �5 eyx t a g w ti Ft 4+ C� x H w ti h ZUNI F nF�B a p r to .'c X W I CONDITION FOR APPROVAL FOR CU- PL2010 -1949 m the 1. The Conditional Use approval is subject to the removalTrail East (US 4g). Theldeadohedge Type D right -of way landscape buffer along Tam 1n material shall be replanted with 3- gallon, 18 -24 inch height plant material. 2. The hours of operation are limited to 9:00 a.m. to 1:00 a.m. EXHIBIT C