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Resolution 2004-326 1_1' RESOLUTION 04- 326 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER PE-2004-AR- 6093 FOR A PARKING EXEMPTION ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) recodified by Ordinance No. 04-41, as amended which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of a parking exemption; and WHEREAS, the Board of Zoning Appeals, being the duly constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of a parking exemption as shown on the attached Plot Plan, Exhibit" A," in the C-4 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.3.4.11.2.c, of the Collier County Land Development Code, [UDC 4.05.02.K] for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting and the Board considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number PE-2004-AR-6093 filed by Q. GRADY MINOR AND ASSOCIATES, INC., representing THE LUTGERT COMPANIES, with respect to the property hereinafter described in Exhibit "8," attached hereto and incorporated by reference herein, be and the same hereby is, approved for a parking exemption pursuant to the LDC as shown on the attached plot plan, Exhibit "A," in the C-4 Zoning District wherein said property is located, subject to the following condition: Free-standing parking garages are not permitted on this property. Page 1 of2 17E BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PE-2004-AR-6093 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this J). -16 day of ;)t h .ou ,2004. ATTEST: DWIGHT ~:.,~R9.f.~' CLERK ,......~. t,~i'r:!'i t~,...,' tfI/t.').............'~ ~~',.., ~'-;:. :11~~,t.u It.tStll'$'tO"~h.1'$'" ';\~~ffi~J~tO'~Gr' . ,:'; ~~ Patrick . White Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONN PE-2004-AR -6093/F RlI d 11em# I '1 E:. Agenda If) ~ Z. 0'1 Dale ...1::..:.__ Page 2of2 D~t~ Rec'd tD +3 -D'f' -- 17E VlVl Ww --z- UU << I /l./l. S a:: VlVl ~ 11:1"- Z U" ..,.., ~ ~ I ::l al ~ ~ in II I e ill ... -' '" J ~ < !I w..:~u..:u.: u.: ~ vi vi vi vi vi ~ Q, al gggg ~ @ tl '-'l ~ LI1QOO 0 r' ~ u r-: .,.: ..-....- LO U" ~i ..-..- - ci' go ... "'" -' w ~~ < 00 ~ lr lr>- 05 tr8~g~ ~o Olr 18CO", ","0.. -: ..J ..J ClCl ~I i hi l.J....Ou...I zz >-~o~ i:::i: VlU~::l trtr ~lIJi!=e << a. a. ~ i:1 :ii ... "'" I ~ ~'I ~" 0 i"1 !II w 0 5 ~ I I!. II 0 tr a. Cl ~~ I z 0- s;: '" < a. II _ MJ' rt1DIf AUIfY ", a_ADA JIOUUYARD- o 01 I o w o 5 o lr a. Cl Z so:: 0:: < a. I I lr It ::l (Jj-'- . cri; rA.llWO ftWl. (U,II. 4J) ~ E ><hL brt -~ ~~ ~:i ~~ ~g: a. a. w< u ~~ ucr ~~ <- Ifl ~~ IflZ ~G: ~~ Vi>- o~ z-, <al ::l >-Ifl Z ii~ e:< 8~ U,,< ~~ g~ 5< alZ ~ o z ~;q~~ llii(- n I a ~ J I I .. '~ ,7E Legal Description Lot 29 & 30, Block 1 Naples Twin Lakes, according to plat in Plat Book 4, Pages 35-36, Public record of collier County, Florida_ Exhibit "B" , 7 E-' .. CONDITIONS OF APPROVAL PE-2004-AR-6093 1. The parking exemption is limited to Lots 29 and 30, Naples Twin Lakes, Block 1. 2. The petitioner shall construct, or cause to be constructed, a pedestrian walkway from the subject site, across the alley, to the proposed office building. The pedestrian walkway shall be completed and operational prior to the issuance of a Certificate of Occupancy for the proposed office building. The walkway shall be signed and marked according to the Manual of Uniform Traffic Control Devices (MUTCD) standards. 3. The subject parking area shall be primarily utilized by employees. 4. This Parking Exemption shall expire if the commercial parcel to the west is developed with a building in excess of 55 feet in height. 5. The applicant shall provide a continuous 6-foot tall concrete wall that runs along the east boundary of the property then along the Alhambra Circle frontage and then along the south property line. The wall will have irrigated landscaping along both sides, including palms, shade trees, a hedge and ground cover. 6. Lighting in the parking lot shall be designed and maintained at the lowest lighting levels permitted by the LDC. Exhibit "C"