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Resolution 1993-050 , FEBRUARY 16, 1993 RESOLUTION 93--5D A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN INDOOR MINIATURE GOLF AND COIN-OPERATED AMUSEMENT DEVICES CONDITIOHAL US=: IN THE C-J ZONING DISTRICT PURSUANT TO SECTION 2.2.14 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 17, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florid~, and Chapter 125, Florida Statutes, has con~erred on Collier County the power to establish, ccordinate and enforce zoning and such business regulations as are necessary for the protection of the publici 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 at Conditional Use "1" in an C-J zone for indoor miniature golf and coin-operated amusement devices on the property hereinafter described, and has found as a matter of fact (Exhibit IIA'I) 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 Martin D. Pinckney of American lOOK QQQ PI" 50 .. FEBRUARY 16, 1993 Engineering Consultants, Inc., representing Tract S, Inc., with respect to the property hereinafter described as: Unit 215, Mission de San Marco Plaza, Tract B, Marco Beach Unit 7, according to Plat thereof, recorded in Plat Book 6, Page 55-62, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "1" of the C-) zoning district for indoor miniature golf and coin-operated amusement devices in accordance with the Conceptual Master Plan (Exhibit "8") and subject to the following conditions: Exhibit "e" 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 r\()rrf~ offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Volpe and upon roll call, the vote was: AYES: Commissioner Norris, Commissioner Volpe, Commissioner Constantine, Commissioner Matthews, and Commissioner Saunders NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of l:'o'hr"..,r:" 1 h , 1993. BOARD OF ZONING APPEALS COLLI~R UNTY: FLO)7'A BY: b mJ L. ANDERS, CHAIRMAN '\,il,)y iJ- . t ATTEST: . ,~/. DWIGHT E: ,BROC1(, CLERK . -' ~;>>L ' :',~_ @.(', APP;lVE~ AS 'T~ 'AND LEd~ SUFFICIENCY: -fY1.t1A~^,' Yh~d: HARJO IE M, STU ENT ASSISTANT COUNTY ATTORNEY CU-92-15 RESOLUTION nb/9056 1001 000 PlGl 51 -2- FEBRUARY 16, 1993 FINDING OF FAer BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-92-IS The ~ollowing ract~ are found: 1. Section 2.2. r 4 . 3 . r of the Land Devlopment Code author1zed the conditional use. 2. Granting the conditional use ~ill not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consis~ency with Growth Managemen Yes e Land Development Code and Plan: 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 tire or catastrophe: Adequate ingress~ egress Yes.-L No c. Affect neighboring propertIes in relation to nois 1 glare, economic or odor effects: No affect or _____ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility ~ith adjacent properties and other property in t~e istrict: CQmpatible u within district Yes _ No _ Based on the above findings, this conditional use should, with stipulations, (copy att9fh~d) (shpu1d not) be recommended for approval J1fe~. DATE: '2-1 .::r;;.--; ~3 CHAIl\l:1All' FINDING OF FACT CHAIRMAN/md Exhibit "An 1001 000 PIG, 52 FEBRUARY 16, 1993 'f '. . ~M.ii Ill...UCI "** ~i MEEU &.II II ~= n~_ _:1 ~! -I GLASS COYEREDARCADE 1 i -:0:.- """" rr=-l I i IWJI(J.( Il\QQ !L::::J I -r nto'rl' 1 -if ...... _ I =11 I * 1fN~~"", i =1 -:t 'I =1 ' 'gj;" ca:.. ~' -I aa.. . rrrrrrfrTlT! rrrn " ~U*~~i. . N. SooIh Coi1ler SIv1j, ~~;llkr.1!<~'1l'~~'fJ~"'i'~~~t"."00 ~#~ ~ ~%;.:;, ;:/~Q#' 'i'M~zJ~'f!~'~Z::~";>ZN,,,~/_~>~..-,,~;fjL.,,< :;<;;r, SO<J1hCollierSlvd. S. . Entn.~~omWinle[terry -'- '" ';' '" g -'l '? ;; ~;lllal;!:'&!;'lilJl'WJPJ~i;l'~T_~j;h;'rn7;'''~i'1'i'i+T''1C_'V'_''l.'lr;7'f:~.~'__-.c......-~y;,:;;;;P~';T-; ,. 1~'~~~W'~~~'S'-';;jL~6a"'~"~~.kj1.hjjk~.~M.'~~~~iP#Aljf;Ut;;~;,.>,,;.;;,. Hilton Radisson f-):hiliit "8" 1001 000 PA" 53