Resolution 2011-102
RESOLUT]ON NO. 11- 102
A RESOLUTION OF THE BOARD OF ZON]NG APPEALS OF
COLLIER COUNTY, FLORIDA, PROVID]NG 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. LcA 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 ]25, 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. 2004-4], 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.] .cA 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 10.08.00.0. 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-PL20l 0-1949 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.LcA 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 "Coo. Exhibits "A", "B", and "C" are attached hereto and
incorporated herein by reference.
Hitching Post Plaza / CU-PL20 I 0-1949
Rev. 4/26/1 1 1 of2
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
J . This Resolution adopted after motion, second, and super-majority vote, this I~day of
\ (tne ,201 I.
ATTEST:
DW]GHT E. B~GK. CI.,ERK
~:;,~", ..:"".. ~~<.~~.l~
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
,
BY: '1uJ- w. ~
FRED W. COYLE, Chauffi
Attest IS
i j ~na till" OIUI"". .'
Approved as to form
and legal sufficiency:
~-7 .l-JL
Steven T. Williams {..>
Assistant County Attorney 5"p1111
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C - Conditions
CP\ II-CPS-O 1 082\22
Hitching Post Plaza / CU-PL201 0-1949
Rev. 4/26/11
20f2
./
Legal Description of Property
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 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 Y. OF
SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; TIIENCE NORTH 2049'48" EAST ALONG THE WEST LINE OF THE
NORlHWEST y. OF SAID SECTION 33 FOR 884.91 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF U.S. mGHW A Y NO. 41 (STATE ROAD
NO. 90) A 200.00 FOOT RIGHT OF- WAY, THE SAME BEING A POINT ON A
CIRCULAR 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 0047'22" SUBTENDED BY A CHORD wmCH BEARS
SOUTH 54001'20" EAST FOR 44.24 FEET; THENCE CONTINUE ALONG SAID
SOUTIIERL Y RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41, SOunt
54"25'01" 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 35034'59" WEST FOR 200.00 FEET
ALONG SAID WESTERLY RIGHT .OF-W A Y LINE TO THE NORTHERLY
PROPERTY LINE OF THE HITCHING POST TRAILER PARK; THENCE NORTH
54"25'01" WEST FOR 831.36 FEET, ALONG SAID NORTHERLY PROPERTY
LINE, AND ALSO BEING 200 FEET SOUTH AND PARALLEL TO THE
SOUTIIERL Y 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 25043'36" EAST FOR 16.28 FEET ALONG
SAID PROPERTY LINE; THENCE CONTINUE ALONG-SAID PROPERTY LINE
NORTH 19030'51" WEST FOR 87.30 FEET; THENCE CONTINUE ALONG SAID PROPERTY LINE NORTH 73005'57" WEST FOR 25.00 FEET; THENCE CONTINUE
ALONG SAID PROPERTY LINE NORTH 35034 '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 35034'59" EAST FOR 115.00 FEET
ALONG SAID PROPERTY LINE TO THE POINT OF BEGINNING.
exhibit A
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CONDITION FOR APPROVAL
FOR
CU-PLlOIO-I949
I. 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.
3. The building area for the coin operated amusement devices is limited to 10,000 square feet.
EXHIBIT C