Agenda 06/09/2009 Item #17D
Agenda Item No. 17D
June 9. 2009
Page 1 of 34
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EXECUTIVE SUMMARY
PE-2008-AR-14071 Sandbanks LLC, represented by Michael R. Fernandez, AICP of
Planning Development Incorporated is requesting a Parking Exemption pursuant to Land
Development Code Subsection 4.05.02.1(, to allow 63 parking spaces of a proposed 195-
space parking lot to be placed off-site on property with a Residential Single-Family (RSF-4)
zoning designation. The proposed off-site parking lot would serve the Midtown Point
commercial development located on the east side of US-41 North and the north side of
Rosemary Lane, in Section 22, Township 49 South, Range 25 East, Collier County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider an application for a Parking Exemption to
permit an off-site parking lot pursuant to Subsection 4.05.02.K.3.c, of the Land Development
Code (LDC) to allow 63 parking spaces of a proposed 195-space parking lot to be placed off-site
on property with a Residential Single Family (RSF-4) zoning designation, and ensure the project
is in harmony with all the applicable codes and regulations in order to ensure that the
community's interests are maintained.
CONSIDERATIONS:
,d'-'
The applicant seeks a parking exemption to allow 63 parking spaces to be located off-site on a
0.69:1: acre lot in the Residential Single-Family (RSF-4) zoning district. The subject C-4 parcel
currently contains a strip commercial development and restaurant that is approximately 12,000
square feet in size. The off-site lots contain vacant cleared land and a single-family home which
will be razed for the development of the off-site parking lot. The property owners intend to
redevelop the subject site with office and commercial land uscs and will increase the maximum
building area to 60,000 square feet with a maximum height of 75 feet.
FISCAL IMPACT:
The Parking Exemption petition by and of itself will have no fiscal impact on Collier County.
There is no guarantee that the project, at build out, will maximize its authorized level of
development, however, if the Parking Exemption is approved, the principal commercial site
could be redeveloped and the new development will result in an impact on Collier County public
facilities.
--
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrcncy management, the developer of every local development
order approved by Collier COW1ty is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collectcd prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
PE-2008-AR-14071
June 9, 2009
Page 1 of 3
Agenda Item No. 17D
June 9. 2009
Page 2 of 34
County's water and sewer system. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements. Please
note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property (2.55::l: acres in total) is designated
Urbani Urban Mixed Use District/Urban Residential Subdistrict, as identified on the Future Land
Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan.
The principal commercial site, comprising 1.86:1:: acres, has a General Commercial (C-4) zoning
designation. The C-4 zoning at this location is not consistent with the locational criteria in the
FLUE for commercial development. However, this site is identified as "improved property" on
the Consistent by Policy Maps in the FLUE, therefore, this property's zoning is deemed
consistent by policy and, pursuant to policy 5.9 in the FLUE, the site may be developed or
redeveloped in accordance with the C-4 zoning on the property. The site is presently developed
with commercial uses and redevelopment of the site is proposed.
The proposed off-site parking lot, comprising 0.69:1:: acres, has a Residential Single-Family
(RSF-4) zoning designation. Parking for uses not permitted in this zoning district, such as
commercial uses as proposed on the abutting (principal) site, is not typically allowed; however,
Section 4.05.02.K, of the LDC provides for this requested parking exemption to allow off-site
parking on land not zoned commercial. The FLUE is silent regarding the off-site parking use,
however. the LDC provides for off-site parking on non-commercial zoned property to serve
commercial uses, and that provision was deemed consistent with the FLUE by the Board of
County Commissioners via its adoption and incorporation into the LDC, in other words,
consistent by policy. Based upon the above analysis, the proposed off-site parking may be
deemed consistent with the FLUE.
Transportation Element: The Transportation Services Division staff has reviewed this petition
and found no cause for objection to the placement of parking east of the C-4 zoning boundary.
ENVIRONMENT AL ISSUES:
There are no environmental issues associated with this Parking Exemption.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC did not review this petition as they do not normally hear Parking Exemption petitions.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition PE-2008-AR-1407l on April 16, 2009, and by a vote of 8-0
recommended to forward this petition to the Board of Zoning Appeals (BZA) with a
PE-2008-AR-14071
June 9, 2009
Page 2 of 3
Agenda Item No. 170
June 9, 2009
Page 3 of 34
recommendation of approval subject to the following conditions which have been incorporated
into the attached resolution:
1. The Parking Exemption is limited to a maximum of 63 parking spaces and limited to
employees who work at The Midtown Point development.
2. Parking Exemption Commitments (Exhibit C) and as depicted on the conceptual site plan
(Exhibit B) of the resolution.
Because the CCPC approval recommendation was unanimous and no letters of objection have
been received, this petition has been placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for
Board action. This item is quasi-judicial and as such, requires ex parte disclosure. This item
requires a majority vote only. (STW)
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals approve the request for PE-2008-AR-
14071, subject to the Parking Exemption Conunitments (Exhibit C) and the conceptual site plan
(Exhibit B) of the resolution and the cepe conditions of approval that were incorporated into
Exhibit A of the Resolution.
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning & Land Development Review
PE-2008-AR-14071
June 9, 2009
Page 3 of3
Item Number:
Item Summary:
Meeting Date:
Page 1 of 2
Agenda Item No. 170
June 9, 2009
Page 4 of 34
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17D
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PE-2008-AR-14071 Sandbanks LLC, represented by Michael R.
Fernandez, AICP of Planning Development Incorporated is requesting a Parking exemption
pursuant to Land Development Code Subsection 4.05.02.K. to allow 63 parking spaces of a
proposed 195-space parking lot to be placed off-Site on property with a Residential Single-
Family (RSF-4) zoning designation. The proposed off-site parking lot would serve the
Midtown Point commercial development located on the east side of US-41 North and the
north side of Rosemary Lane, in Section 22, Township 49 South, Range 25 East. Collier
County, Florida.
6/9/2009 9:00:00 AM
Prepared By
Melissa Zone
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
5/14/20097:04:45 PM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
5/15/2009 2:58 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/18/20092:51 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
5/19/2009 1 :51 PM
Approved By
Steven Williams
Attorney's Office
Assistant County Attorney
Date
Attorney's Office
5/27/200910:59 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
5/27/2009 11: 21 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
5/27/2009 1 :47 PM
Approved By
file:IIC:\A~endaTest\Exnort\ l11-June%209.%202009\ 17.%20S1 iMMA RY%?OAGF.NDA\ 17
f)!iOOOQ
Susan Istenes, AICP
Community Development &
Environmental Services
Page 2 of2
Agenda Item No. 170
June 9, 2009
Page 5 of 34
Zoning & Land Development Director
Date
Zoning & Land Development Review
5/28/2009 9:35 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin,
5/28/2009 12:57 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
5/29/20098:35 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/29/20098:46 AM
Approved By
Leo E. OChs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/29/2009 5:53 PM
file://C:\AgendaTest\Export\l 3 I -June%209.%202009\ 17.%20SUMMARy%20AGENDA\1 7... 6/3/2009
Agenda Item No. 170
AGEND~mMJ~.4009
Page tl aT 34
r County
~'1~~""~"ll
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 16, 2009
SUBJECT: PE-2008-AR-14071: MIDTOWN POINT
PROPERTY OWNER/AGENT:
Owner:
Sandbanks, LLC
700 Old Trail Drive
Naples, FL 34103
Agent:
Michael R Fernandez, AICP
Planning Development, Inc.
5133 Castello Drive, Suite 2
Naples, FL 34103
REQUESTED ACTION:
To have the CoIlier County Planning Commission (CCPC) consider an application for approval of a
Parking Exemption (PE) pursuant to Subsection4.05.02.K.3.c of the Land Development Code (LDC) to
allow 63 parking spaces of a proposed 195-space parking lot to be placed off-site on property zoned
Residential Single Family (RSF-4). The proposed parking lot would serve the Midtown Point
development which has a General Commercial (C-4) zoning designation and is limited to a maximum of
10,000 square feet of retail and 50,000 square feet of office space.
GEOGRAPHIC LOCATION:
The total subject site consists of 2.55:1:: acres and the proposed off-site parking lot consists of 0.69:1::
acres, and is located on the east side of US-41 North, on the nOlth side of Rosemary Lane and on the
south side of Ridge Street, in Section 22, Township 49 South, Range 25 East, of Collier County,
Florida. (See location map on/allowing page)
PURIJOSE/DESCRIPTION OF PROJECT:
The applicant seeks a parking exemption to allow 63 parking spaces to be located off-site on a 0.69:1::
acre lot in the Residential Single-Family (RSF-4) Zoning Designation. The subject C-4 parcels currently
contains a strip commercial development and restaurant that is approximately 12,000 square feet in size.
The off-site lots contain vacant cieared land and a single-family home which will be razed for the
PE-08-AR-j./07 J. March 22.2009
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Agenda Item No. 170
June 9, 2009
Page 9 of 34
development of the off-site parking exemption lot. The property ovmers intend to redevelop the subject
site with office and commercial land uses and will increase the maximum building area to 60,000 square
feet with a maximum height of 75 feet. Exhibit B for this petition depicts generalized areas of
development, parking and traffic access which is from Ridge Street and Rosemary Lane.
SURROUNDING LAND USE AND ZONING:
North:
West:
Ridge Street, Professional Offices, with a zoning designation of Planned Development in
the City of Naples, and Single-Family homes, with a zoning designation of Residential
Single-Family (RSF-4)
Single-Family homes, with a zoning designation of Residential Single-Family (RSF-4)
Improved Commercial, with a zoning designation of General Commercial (C-4), and
Single-Family and Multi-Family homes, with a zoning designation of Residential Single-
Family (RSF-4)
Tamiami Trail (US-41), Improved Commercial with a zoning designation of Highway
Commercial in the City ofNap1es
East:
South:
AERIAL PHOTO
.
':JU:~, .C':.:u.rl1~~~ ,Pr~..p-~~y .~tcJj;.:1>:~~r~N~:p-~:;:;. FL.:'
Page 2 of7
1'I,'-08-AR-l-I07/, March 22.2009
Agenda Item No. 170
June 9, 2009
Page 10 of 34
CITY OF NAPLES ZONING MAP
III HC, Highway Commercial
o PD, Planned Development
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Zoning
RSF-4
Zoning
SUBJECT
SITE
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property (2.55::1: acres in total) is designated UrbanI
Urban Mixed Use DistrictlUrban Residential Subdistrict, as identified on the Future Land Use Map and
in the Future Land Use Element (FLUE) of the Grm:vth Management Plan.
The principal commercial site, comprising 1.86::1: acres, is zoned General Commercial (C-4). The C-4
zoning at this location is not consistent with the locational criteria in the FLUE for commercial
development. However, this site is identified as "improved property" on the Consistent by Policy Maps
in the FLUE, therefore, this property's zoning is deemed consistent by policy and, pursuant to policy 5.9
in the FLUE, the site may be developed or redeveloped in accordance with the C-4 zoning on the
property. The site is presently developed with commercial uses and redevelopment of the site is
proposed.
PE-08-AR-l'/()71. March 22.2009
Page 3 of7
Agenda Item No. 170
June 9. 2009
Page 11 of 34
The proposed off-site parking lot, comprising 0.69x acres, is zoned Residential Single-Family (RSF-4).
Parking for Llses not permitted in this zoning district, such as commercial uses as proposed on the
abutting (principal) site, is not typically allowed; however, Section 4.05.02.K, of the LDC provides for
this requested parking exemption to allow off-site parking on land not zoned commercial. The FLUE is
silent regarding off-site parking use, however, the LDC provides for off-site parking on non-commercial
zoned property to serve commercial uses, and that provision \vas deemed consistent with the FLUE by
the Board of County Commissioners via its adoption and incorporation into the LDC, in other words,
consistent by policy. Based upon the above analysis, the proposed off-site parking may be deemed
consistent 'with the FLUE.
ANALYSIS:
Transportation Review: The Transportation Services Division staff has reviewed this petition and
found no cause for objection to the placement of parking east of the C-4 zoning line.
Zoning Review: Section 4.05.02.K.3 (a) 2, of the LDC allows a parking exemption to be sought when a
lot proposed for off-site parking is not zoned for commercial uses. As part of its review of this
application, staff has completed a comprehensive evaluation of the parking exemption criteria outlined
in Section 4.04.02.K.3 (b), of the LDC, upon which a determination for any parking exemption must be
based. The criteria are italicized, followed by staffs comments below. This evaluation will form the
foundation of the Collier County Planning Commission's recommendation, which is then fOlwarded to
the Board of Zoning Appeals Board (BZl\.) for a final decision.
(1) Whether the amount of off-site parking is required by LDC Sectioll 4.05.04 G, and 4,05,09, or is
ili excess of these requirements.
I Parking Calculations
Rctail:
Proposed retail area = 9,600 SF. 11 space p.er 250 square feet 38 spaccs
Officc:
Proposed office area = 47,100 SF 1 space per 300 square feet ] 57 spaces
--
Total Parkill2 Required 195 spaces
Total Pat'kino Pl'ovided ] 95 spaccs
As shown in the tablc above, the parking for the proposed site requires a minimum of 195
parking spaces. Total parking provided on the C-4 lots is 132 spaces and meets Section
4.05.02.K criteria that at least 67 percent of the required parking is on the lot with the
principle structure; total parking provided on the RSF-4 lots is 63 spaces. The proposed
1 95-space parking lot would serve the fvlicltown Point office/commercial development. The
63 spaces VI/ill he restricted to employee parking. Therefore, the amount of off-site parking
is not in excess of the LDC required parking.
(2) The distance of tit e fartli est parking spacefrol1l tlzefacility to be served.
The farthest parking space \vill be approximately 118 feet from the building and 180 feet
from the buildings nearest entrance.
(3) Pedestrian safety if the iots are separated by a coHeetor or {[rterial roadway;
Page 4 of7
PFAJ8-/1R-I./07J. Marcil 22. 20M
Agenda Item No. 170
June 9, 2009
Page 12 of 34
TIle lots are not separated by a collector or arterial roadway. The proposed parking will be
contained on site with a proposed covered drop-ofT internal access roadway running north
and south and interconnecting Ridge Street and Rosemary Lane.
(4) Pedestriall ami vehicular safety,
TIlere are no safety issues foreseen with tlus request. The proposed design of the parking
exemption area along the eastern property line adjacent to residential property will have a
minimum IS-foot wide buffer along the northeastern portion and a 40-foot wide buffer
along the southeastern portion. The parking lot will have a six-foot high prefabricated
concrete walVfence along the eastern boundary, and adjacent to the right-of-way (ROW)
the parking lot will have a four-foot high prefabricated concrete wall/fence. The wall/fence
"will have shrubs and trees on both sides. Fmthermore, sidevlalks, crosswalks, circulation
striping and signage will be in compliance with all the LDC requirements.
(5) The character and quality of tlte neighborlrood and the future del'elopmellt of surrounding
properties.
The character and quality of the neighborhood will be enhanced by the redevelopment of
the existing property, and the enhanced landscaped buffer and wall noted above should
improve the compatibility of the proposed 63 space off-site parking lot with the
sUlT0l.1l1ding prope11ies. The exempt parking area will be restricted to serve normal office
business hours of operation, and signage will be posted restricting the parking exemption
spaces to hours of use between 7:00 AM and 6:00 PM, Monday through Friday.
(6) Potential parking pro blems for neighboring properties.
There is no direct access to the adjacent residential parcels and all vehicles must access the
parking 101 from the parcels zoned C-4.
(7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site
parking,
Internal traffic flow is designed so cars will not have to leave the site to access the parking
exemption area.
(8) Whether velticu/al' access shall befrom or onto residential streets.
Vehicular access will be from Rosemary Lane and Ridge Street which are residential
streets. The Transp0l1ation Planning Department has approved the ingress/egress to the
site.
(9) Wllether buffers adjacent to the property zoned residential are 15 feet in widtll and include a
wall ill addition to required landscaping.
The landscaping is designed to include buffers at minimums of 15 feet and 40 feet in \vidth
with a six~foot concrete/fence wall. Fmthermol'e, landscape slU'ubs and trees will be placed
on both sides of the wall/fence.
(10) Whether the off-site parking area will be usedfor valet parking.
The parking lot exemption area will not be used for valet parking.
(11) Whetlter tlte off-site parking area will be used for employee par/dug.
The applicant has indicated on the site plan (Exhibit B), that the off-site parking area is to
Page 5 01'7
PE-08-AR-J./071. March 22.2009
Agenda Item No. 170
June 9. 2009
Page 13 of 34
be utilized by employees only.
(12) Whether there are more viable alte1'1latives available.
Staff concurs with the applicant that the proposed site is the most feasihle alternative for
the proposed parking area without significantly reducing the scope of the project.
(13) Off-street parking areas must be accessible from a street, alley or otheJ' public right-oj-way ami
all off-street parking facilities IIlIlSt be so arranged tltat no motor vehicle shall have to hack onto
allY street, excluding sblgle-jamily amI tlVo-jamily residential dwellings ami churches approved
muleI' section 2,3.16.
TIle parking lot has been designed so motor vehicles will not be required to back onto the
adjacent streets.
NEIGHBORHOOD INFORMATION REQUIREMENTS:
For parking exemptions, the LDC requires the petitioner to notify all neighboring property owners by
mail. No Neighborhood Information Meeting (NIM) is required. The petitioner provided documentation
to show that the required Jetter was sent on January 15,2009.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has revieyved the staff report for PUDA-2008-AR-14071 revised on March
22,2009.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) fOlwarc1 Pctition PE-2008-AR-
14071 to the Board of Zoning Appeals (BZA) with a recommendation of approval suhject to the
following conditions of approval.
1. The off-site Parking Exemption is limited to a maximum of 63 parking spaces and limited to
employees ~who work at The Midto\vn Point development.
2. The Parking Exemption commitments as depicted on the conceptual site plan (Exhibit C) of the
resolution.
Attachment 1: Pictures of the CUlTcnt conditions or the site.
Page 6 of7
PE-08-AR-J ./.071. March 22. 2009
PREPARED BY:
MELISSA ZONE, P
DEPARTMENT OF Z
REVIEWED BY:
V.
. .~. ",.. .~ iJ.,
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I ,o:~,/ /~' 0-----.--
RA YMgN V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
i~ AJ_l~~"- -1\0 . ) S 'bJvv-::1
,SUSAN M.ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
Agenda Item No. 170
June 9, 2009
Page 14 of 34
dlfJ. 9~CJ$'9
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DATE I
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DATE ( ,
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JOS,EPH K. SCH ITT, ADMINISTRATOR DATE' I
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
V
Tentatively scheduled for the Jlme 9, 2009 Board of Zoning Appeals Meeting.
COLL~ER c.?V~r"lJ~LA.. NNING COMMISSION:
1l.J ll./ fiJr. II .
It/ ! I VLv~
MARK . STRAIN, CHAIRMAN
PE-08-AR-14071. March 22.2009
Page 70f7
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Agenda Item No. 170
June 9, 2009
Page 16 of 34
COLLIER COUNTY GOVERNMENT
PEPT, OF ZONING & lAND DEVELOPMENT REVIEW
WWW.S:;OLlIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6968
APPLICATION FOR PUBLIC HEARING FOR
PARKING EXEMPTION (LDC 4.05.02.K)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
[
PE-2008-AR-14071
MIDTOWN POINT
PROJECT: 2008080005
DATE: 12/18/08 DUE: 1/6/09
]
Above to be completed by Staff
GENERAL INFORMATION
APPLICANT SANBANKS LLC
ADDRESS 700 OLD TRAIL DRIVE CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239-247-4303 CELL # NA FAX # NA
E-MAIL ADDRESSS: NA
AGENT MICHAEL R. FERNANDEZ, AICP I PRESIDENT FIRM PLANNING DEVELOPMENT fNCORPORA TED
ADDRESS 5133 CASTEllO DRIVE, STE. 2 CITY NAPLES STATE Fl ZIP 34103
TELEPHONE # 239-263-6934 CELL # FAX # 239-263-6981
E-MAIL ADDRESSS:mfernande:r:@planningdevelopmentinc.com
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. ADDITIONALLY, THIS
PETITION IS SUBJECT TO COMPLIANCE WITH CERTAIN NEIGHBORHOOD INFORMA rlON AND
SIGN REQUIREMENTS OF THE LAND DEVELOPMENT CODE (lDe). GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
last revised 7/22f2008
Page 1 of 8
Agenda Item No. 170
June 9. 2009
Page 17 of 34
OWNERSHIP INFORMATION
NAME OF OWNER(S) SANDBANKS LLC
ADDRESS 700 OLD TRAIL DRIVE CITY NAPLES STATE FL ZIP 34103
TELEPHONE #. 239-2474303 CELL # NA FAX # NA
E~MAIL ADDRESSS: NA
I
PROPERTY LOCATION.
I
Detailed legal description of the property covered by the application; (If space is inadequate,
attach on separate page,) Applicant shall submit four (4) copies of a recent survey (completed
wiiliin the last six months, maximum 1" to 400' scale) if required to do so at the pre-application
meeting.
NOTE; The cipplicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
PRINelP ALSITE:
Sedion/Township/Range 22/49/25 Plat Book 2 and 1 Page #: 83 and 78
Lot: 2, 4, 6, 8, 10, 12 (Rosemary Heights), 41, 43, 45, 47, 49, 51 (Rosemary Heights Addition)
Block: Unit Subdivision: Rosemary Heights & Rosemary Heights Addition
Property 1.0. Number(s): 70970080009, 70970120008, 70970280003, and 71020080000
Metes & Bounds Description: no
Size of property:. 270 ft. X 300 ft. = Total Sq. Ft. 81,000 Acres 1.86+/-
OFF-S.TE PARKING AREA:
Section/Township/Range 22/49/25 Plat Book 2 and 1 Page #: 83 and 78
Lot: 14, 16, W 25' of 18(Rosemary Heights); 53 & 55(Rosemary Heights Addition) Block:
Unit Subdivision: Rosemary Heights & Rosemary Heights Addition
Property 1.0, Number(s): 70970280003,70970360004,71020160001, and 71020240002
Metes & Bounds Description: na
Size of propertY1112.5+/- ft. X 270 ft. = Total Sq. Ft. 30,375 Acres 0,697+/-
Address/general location of subject property: 3114 and 3126 N. Tamiami Trail, 917, 923 & 927
Rosemary Lane and 924 Ridge Street, Naples, Florida 34103
Last revised 7/22/2008
Page 2 of 8
Agenda Item No. 170
June 9, 2009
Page 18 of 34
I .
ASSOCIATIONS
I
Complete the following for all Association{s} affiliated with this petition. Provide additional sheets if
necessary. If there are NO associations, please indicate N/A for EACH item.
NAME OF HOMEOWNER ASSOCIATION: NOT APPLICABLE
MAILING ADDRESS
CITY
ST A TE
ZIP
NAME OF HOMEOWNER ASSOCIATION: NOT APPLICABLE
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION: NOT APPLICABLE
MAILING ADDRESS
CITY
ST A TE
ZIP
DISCLOSURE OF INTEREST INFORMA nON
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary),
Name and Address
Percentage of Ownership
b, If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address
Percentage of Ownershi p
Sandbanks LLC 700 Old Trail Drive, Naples, FL 34103 100%
Please see affached Sandbanks, LLC Operating Agreement
excerpt, Exhibit A on Page 20
Last revised 7/22/2008
Page 3 of 8
Agenda Item No. 170
June 9, 2009
Page 19of34
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
Percentage of Ownership
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Co ntract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
Last revised 7/22/2008
Page 4 of 8
Agenda Item No. 170
June 9, 2009
Page 20 of 34
PROJECT INFORMATION
Zoning of proposed off-site parking lot RSF-4
Zoning of commercial tract the Parking Exemption Is proposed to serve C-4
Type of land use that the parking exemption is proposed to serve office
Total number of parking spaces required for project 195
Number of Parking Spaces Proposed Off-Site 63
Is the proposed parking lot separated from the permitted use by a collector or arterial roadway?
DYES f8I NO
If yes, please name the roadway:
Does the permitted use propose to share required parking with another permitted use?
DYES f8I NO
,
EVALUATION CRITERIA .
I
Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of
Zoning Adfustments shall be based upon consideration of the applicable criteria noted in lOe Section
4.05.02.K.3.b. Please provide a narrative statement describing the req...est with specific reFerence to the
criteria noted in the cited section of the LDC. Include any backup materials and documentation
that you wish to have considered in support of the request.
I.... ....
,. .
..SUBMmAL 'REQUIREMENTS.
I
GENERAL INSTRUCTIONS
Application must be clearly printed .or typed. All material must be legible and completed in full. All
requirements must be submitted as indicated below, unless otherwise determined during the pre-
application meeting.
PRE..APPLlCA nON MEETING NOTES
Provide copies of notes taken at pre-application meeting, if one was held.
ADDRESSING CHECKLIST FORM
Must be completed and approved by the Addressing Deportment, 2800 North Horseshoe Drive,
Naples, Florida 34104. Phone (239' 252-2482, FAX (239) 252-5724
DIGITAL REQUIREMENTS
An electronic version of all plans {in pdf format' and dcx:uments (in Word format) on CDROM must
be submitted as part of the original submittal package. .
Last revised 7/22/2008
Page 5 of 8
Agenda Item No. 170
June 9, 2009
Page 21 of 34
BOUNDARY SURVEY, if required
Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by 0
Florida registered land surveyor, showing the location and dimensions of all property lines, existing
streets or roods, easements, rights-of-way, and areas dedicated to the public. The Survey shall be
accompanied either by on Attorney's Opinion of Title, or by a sworn statement from the property
owner(s} stating that he or she has provided sufficient information to the surveyor to allow the
accurate depiction of the information on the survey.
CONCEPTUAL SITE PLAN
20 copies of a 24" x 36" conceptual site plan drown to 0 maximum scale of 1 inch equals 400 feet
1 reduced 8V2" x 11" copy of site plan. A copy of the 8.5 inch by 11 inch copy must be Included in
the CDROM in pdf format. Additional copies of the plan may be requested upon completion of stoff
evaluation for distribution to the Boord and various advisory boards.
The site plan sholl show the following information:
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian ingress and
egress to the site and the structure{s) on site),
· 011 existing and/or proposed parking and loading areas [include matrix indicating required
and provided parking and loading, Including required parking for the disabledJ,
· required yards, open space and preserve areas,
· proposed and/or existing landscaping and buffering os may be required by the County
OWNER I AGENT AFFrDA vir
Affidavit signed by owner authorizing agent and applicant to oct os representative. Must be
signed and notarized.
WARRANTY DEED
A copy of the last recorded deed, contract for sale or agreement for sole, or a notarized statement
of ownership clearly demonstrating ownership and control of the subject lot or parcel of land.
FEES
Required fees in accordance with the adopted Fee Schedule effective on the date the application is
accepted by Collier County. Check shall be made payable to: Collier County Board of
Commissioners.
Application Fee
~ $1,500.00
legal Advertising Fees
~ BCe = $363
~ CCPC = $760
NOTE:
In accordance with adopted Fee Schedule
~ When land use petitions are continued, additional fees payments may be required.
. An additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the
origrnai fee.
Last revised 7/22/2008
Page 6 of 8
Agenda Item No. 170
June 9, 2009
Page 22 of 34
PARKING EXEMPTION
(PE) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT
ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBfTT ALS WILL NOT BE ACCEPTED.
REQUIREMENTS #OF NOT
COPIES REQUIRED REQUIRED
Completed Application 20 [gI
Pre-Application meetino notes 20 ~
Conceptual Site Plan 24" x 36" 20 ~
Site Plan 8 %" X 11" 1 [:)<J
Narrative Statement (based upon LOC Evaluation
Criteria) 20 ~ 0
Warranty Deed 2 ><
Owner/Aoent Affidavit, sianed & sealed 1 >< 0
Boundary Survey, no more than 6 months old (24" x 36") 4 ><
Electronic copies of all document & Plans 1 ~
Addressino Checklist 2 ~ 0
Location Map 2 rxJ D
10-Year Lease Agreement (see LDC 4.05.02.K.2.a) 2 0 ~
Fees: The following are current; however the fee schedule is subiect to change. The petitioner will be required to pay
fees in compliance with the adopted Collier County Fee Scheduled in effect when the petition is accepted by Collier
County.
[gI $1,500 Public Hearing Application Fee
o $500.00 Pre-application fee credit (Applications submitted 9 months or more after the date of the
last pre-application meeting shall not be credited towards application fees; a new pre-appfic:ation
meeting may be required.
[gI $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt Naples Datly News
Invoice}.
rgj $400.00 legal Advertising Fee for BeC meeting
o Property Owner Notification Fees. Property Owner Notifications $1.50 Non-certified; $3.00 Certified
return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review)
As the authorized .agentlapplicant for this petition, I attest that all of the information
indicated on this checklist is included in this submittal package. I understand that
failure to include all necessary submittal information may result in the delay of
processing this petition.
Y;2;;;?~
Agent! ppJicant SIGNATURE
Last revised 7/22/2008
/~~8
Da e
Page 7 of 8
Agenda item No. 170
June 9, 2009
Page 23 of'34
I
AFFIDA vIr
Welf, Sandbanks, LLC being first duly sworn, depose and say that welf am/are the owners of
the property described herein "and which is the subject matter of the proposed hearing; that aJl
the answers to the questions in this application, including the disclosure of interest information,
all sketches, data, and other supplementary matter attached to and made a part of this
application, are honest and true to the best of our knowledge and belief. Well understand that
the information requested on this application must be complete and accurate and that the
content of this form, whether computer generated or County printed shall not be altered, Public
hearings will not be advertised until this application is deemed complete, and all required
information has been submitted.
As property owner Well further authorize Michael R. Fernandez, AlCP, President, Planning
Development Incorporated to act as ourlmy representative in any matters regarding this
Petition.
SANDBANKS, LLC
_ew
ture of Property Owner
~~ ~
Typed or Printed Name of Authorized Representative
Typed or Printed Title of Authorized Representative
"
The foregoing instryr;ent was acknowledged befor? .~e this ..~~ :~ day of D))~~~ljA.:I ,200~,
by ~)( :J.,-, /('\ ~ (] ^ ..A. . ,as f Ii 1(LAt/l..\-L.-' l_ " of S~ndbanks, LLC
who is)personally known to me or who has produced:JU.'!rr.hJrf.{ !J/LO../t'A/.:, iil"'A:J,<':-(!j:" as
identification.
State of Florida
County of Collier
-A);~'.O . (~J^' e
~__~.. ~ (6) "../" i,.. J.../--I__)..C-~:....
(8ig n~.tl!.~~ E~f ,~~~~rxt~.~~~]~ ~!...fn<< 'Ut
. KIM A. SHOWS ::
Comm# 000800743 ~
Expires 6/28/2012 $
ill F10rida Notafy AsSt'l.. ino E
(Prin, yp~:'or'SU:iJHp"'Cmfm~rg~8ned-
Name of Notary Public)
Last revised 7/22/08
0:\='0; CCNTRAL OOCUMENTS\PROJECr fILE5-SY YEAR\2COB Pfqlocral.M:dlown Tower oa.O"lD11iCOl.I~ Ccunty\PanlJ~ E>:Gf"ptlOn A;::pllotl!onlAffidEMl.dOC
Page 8 of 8
Agenda Item No. 170
June 9, 2009
Page 24 of 34
SANDBANKS, LLC
OPERATING AGREEMENT
This 'Operating Agreement (this "Operating Agreement"). of SANDBANKS, LLC, a Florida
limited liability company (the "Company"), is entered into the 25th day of January, 2007 (the "Effective
Date''), by and between John A. Carr and Melanie Jewell Hibbs, as Trustees of the Paul Ambrose Carr
Trust for the Descendants of John A. Carr UtA dated 12/21/06, John A. Carr and Petrolina Carr
(collectively, the "Members"), in consideration of the mutual covenants and agreements contained in this
Operating Agreement, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged.
ARTICLE I
DEFINED TERMS
1.1 Defined Terms. The defined terms used in this Operating Agreement shall have the
meanings specified below or in the Section in which they first appear.
(a) "Act" means the Florida Limited Liability Company Act, as amended, Florida
Statutes Chapter 608, or any corresponding provision or provisions of succeeding law.
(b) "Additional Capital Contribution" means the aggregate of the amounts
contributed by the Members to the Company in accordance with Section 5.1 (b) of this Operating
Agreement.
(c) "Adjusted Capital Contribution" means, as of any day, a Member's Capital
Contributions adjusted as follows: .
(i) Increased by the amount of any Company liabilities which, in connection
with distributions to a Member, are assumed by such Member or are secured by Company property
distributed to such Member;
(ii) Increased by any amounts actually paid by such Member to any
Company lender pursuant to any agreement by which such Member assumes any Company liability; and
(iii) Reduced by the amount of cash and the value of any Company property
distributed to such Member pursuant to Article VI hereof and the amount of any liabilities of such
Member assumed by the Company or which are secured by any property contributed by the Member to
the Company.
In the event a Member transfers all or any portion of its Membership Units in accordance
with the terms of this Operating Agreement, its transferee shall succeed to the Adjusted Capital
Contribution of the transferor to the extent it relates to the transferred interest.
(d) "Affiliate" means, with respect to any specified Person, (i) any Person directly or
indirectly controlling or under common control with the specified Person; (ii) any director, officer,
partner, manager 0.1" trustee of the specified Person; (iii) any Person directly, indirectly, or beneficially
owning or controlling twenty percent (20%) or more of any class of voting securities of, or otherwise
having a substantial beneficial interest in, the specified Person; and (iv) any ancestor, spouse, or family
Agenda Item No. 170
June 9. 2009
Page 25 of 34
number of issued and outstanding Membership Units, and as to an Interest Holder who is not a Member,
the Ownership Interest of the Member whose Interest has been acquired by such Interest Holder, to the
extent the Interest Holder has succeeded to that Member's Interest.
(s) "Person" means any individual, partnership, corporation, association, trust,
limited liability company, or other legal entity, whether foreign or domestic, and its heirs, executors,
administrators, legal representative, successors, and assigns where the context requires.
(t) "Profits" or ';Losses" means, for each Fiscal Year or other period, an amount
equal to the Company's taxable income or loss for such year or period, determined in accordance with
Code Section 703(a) (for this purpose, all items of income, gain, loss, or deduction required to be stated
separately pursuant to Code Section 703(a)(1) shall be included in taxable income or loss), but computed
with the following adjustments:
(i) Any income of the Company that is exempt from federal income tax and
not otherwise taken into account in computing Profits or Losses pursuant to this definition shall be added
to such taxable income or loss;
(ii) .A.ny expenditures of the Company described in Code Section
70S(a)(2)(B) or treated as Code Section 70S(a)(2)(B) expenditures pursuant to Treasury Regulation
Section 1.704~1(b)(2)(iv)(i), and not otherwise taken into account in computing Profits or Losses pursuant
to this definition, shall be subtracted from such taxable income or loss; and
(iii) Notwithstanding any other provisions herein, any items of income, gain,
loss, or deduction specially allocated pursuant: to Section 7.2(c) hereof shall not be taken into account in
computing Profits or Losses.
(u) "Transfer", "Transfers n, or "Trar.sferred" means the sale, assignment, transfer,
pledge, encumbrance, or other disposition, by operation oflaw or otherWise, of Membership Units.
(v) "Treasury Regulations" means the regulations of the United States Treasury
Department pertaining to income tax, as amended, and any successor provision thereto.
ARTICLE II
FORMATION AND PURPOSES
2.1 Formation. The Company was formed pursuant to the Act by filing the Articles of
Organization with the Department of State on June 27, 2006.
2.2 Name. The name of the Company is "SANDBM1JZS; LLC". The Company may do
business under that name and under any other name or names that the Manager selects. If the Company
does business under a name other than that set forth in its Articles of Organization, then the Company
sball file any fictitious name registrations required by applicable law.
2.3 Governing Law. This Operating Agreement and all questions ,\11th respect to the rights
and obligations of the Members, the construction, enforcement, and interpretation hereof, and the
formation, administration, and termination of the Company, shall be governed by the provisions of the
Act and other applicable laws of the State of Florida.
3
Agenda Item No. 170
June 9, 2009
Page 26 of 34
2.4 Defined Terms. Except as otherwise specified or when the context may otherwise
require, all capitalized terms used in this Operating Agreement shall have the meanings specified in
Article I of this Operating Agreement or the Section where such capitalized term is first deJined.
2.5 Pm::pose. The Company is organized to engage in any business permitted under the Act,
upon and subject to the terms and conditions of this Operating Agreement (the "Business").
2.6 Term of the Company, The term of the Company commenced upon filing of Articles of
Organization with the Florida Department of State, and the Company shall have perpetual existence,
unless soorier terminated as provided in this Operating Agreement or the Act.
ARTICLE ill
STATUS, RIGHTS, AND OBLIGATIONS OF MEMBERS
3.1 Members.
(a) There shall be a single class of Members. From and after the date of this
Operating Agreement, the Members shan be John A. Carr and Melanie Jewell Hibbs, as Trustees of the
Paul Ambrose Carr Trust for the Descendants of John A. Carr UIA dated 12/21/06, John A. Carr and
Petrolina Carr, or any permitted successor or assign thereof admitted to the Company in accordance with
the terms of this Operating Agreement. The Members' respective addresses and ownership of
Membership Units are set forth on Exhibit A hereto.
(b) Additional Members of the Company may be admitted from time to time and
upon such terms and conditions as Approved by the Members and in accordance with the provisions of
this Operating Agreement. The name and address of each such additional Member shall be added to
Exhibit A, which shall thereby be amended.
3.2 Membership Units. The Company is authorized to issue 1,000 Membership Units. The
Membership Units owned by each Member shall be as set forth on Exhibit A, as it may be amended from
time to time.
3.3 No Right to Withdraw. Except as otherwise provided herein, no Member shall have any
right to voluntarily resign or otherwise withdraw from the Company without the written consent of all
remaining Members.
3.4 Powers of Members. Members shall have the powers and authority conferred upon them
pursuant to the Act and this Operating Agreement. Members shall have the right to attend all meetings of
the Members. The management of the Company shall be reserved to its Manager, as provided in Article
IV.
3.5 Voting by Members. Except as otherwise provided herein or by the Act, each Member of
the Company shall be entitled to one vote per Membership Unit owned by that Member on all matters on
which Members are entitled to vote or consent pursuant to the Act or this Operating Agreement. Except
as otherwise provided herein or by the Act, the affinllative vote or consent of a Majority of the
Membership Units shall be necessary and sufficient to decide any issue,
3.6 Consent of Members in Lieu of Meeting. Unless otherwise provided in this Operating
Agreement or by law, any action which may be taken at any meeting of Members of the Company may be
taken without a meeting, without prior notice, and without a vote if a written consent, setting forth the
action so taken, is signed in person, by proxy, or by facsimile signature by the Member or Members with
4
Aqenda Item No. 170
~ June 9. 2009
Page 27 of 34
the recipient of the fax; and (4) items sent by certified or registered mail shall be deemed delivere-,d tive
days after deposit in the United. States mail, postage prepaid.
1].8 Waiver. No consent or waiver, ex.press or implied, by any party bereto of any breach or
default by any other party hereto in the performance of its obligations here\mder shall be deemed or
construed to be a consent or waiver to or of llny other breach or default in the performance by such party
of the same or any other obligations of such party hereunder. Failure on the part of any party to complain
of any act or failure to act of another party or to declare another party in default, irrespective .of how long
such failure continues, shall not constitute a waiver by such party of its rights hereunder.
11.9 Attornevs' Fees. If any legal action or other proceeding is brought to enforce or mterpret
this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs
and all expenses, even if not taxable as court costs, through trial and appeal.
11.10 Counterparts and Fascirnile. This Agreement may be executed simultaneously in
two or more C01IDlerparts~ each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. Furthermore, a facsimile signature shall be
accepted as if it were an original signature.
IN \VITJ:'fESS WHEREOF, t1Je parties hereto have executed this Operating Agreement as of the
date first above written.
ohn . Carr. Trustee of the Pau~ Ambrose
C' Trust for the descendants or johu A. Carr
A dated 12121/06
~~
Petrolina Carr, Member
7J1drM~ /I;~
Melanie Jewel Hibbs, Trustee of tIle Paul
Ambrose Carr Trust for the descendants of
John A. Carr UtA dated 12/2Jf06
Company:
SANDBANKS, LLC
By Its ager:: Branksome
fCc~
By: Petrolina Carr, Manager of
Branksome, LLC
19
Agenda Item No. 170
June 9, 2009
Page 28 of 34
EXHIBIT A
SANDBANKS, LLC
SCHEDlJLE OF MEMBERS, CAPITAL CONTRIBUTIONS,
AND MEMBERSHIP UNITS
Member Name Initial Capital Percentage Membership
and Address Contribution Ownership Interest Units
I
I
John A. Carr & Melanie Jewel 80% I 400
Hibbs, as Trustees of the Paul
Ambrose Carr Trust for the
descendants ofJoOO A. Carr U/A
dated 12/21/06
John A. Carr 10% 50
Petrolina Carr 10% 50
TOTALS 100% 500
20
N^PLESl318~41 V.O~
("
,
.
l\genda Item No. 17D
June 9. 2009
Page 29 of 34
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, GRANTING PARKING
EXEMPTION PETITION PE-2008-AR-14071, IN ORDER TO
PERMIT OFF-SITE PARKING ON A CONTIGUOUS LOT
ZONED COMMERCIAL (C-4), LOCATED BETWEEN
ROSEMARY LANE AND RIDGE STREET, IN SECTION 22,
TOWNSHIP 49 SOUTH, RANGE 25 EAST 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 adopted a Land Development Code (Ordinance
No. 04-41, as amended) which establishes regulations for the zoning of particular geographic
divisions of the County; and
WHEREAS, Section 4.05.00 of the Land Development Code sets forth requirements and
standards for off-street parking and loading facilities and permits an exemption from these
standards under certain circumstances; and
WHEREAS, after proper notice, the Board of Zoning Appeals held a public hearing to
consider Parking Exemption Petition PE-2008-AR-14071 and found that the criteria set forth in
Section 4.05.02.K.3 of the Land Development Code has been met and the Petition should be
approved; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Page 1 of2
,
tit
Agenda Item No. 170
June 9, 2009
Page 30 of 34
,.
Petition PE-2008-AR-14071 filed by Michael R. Fernandez of Planning Development
Incorporated representing Sandbanks, LLC is approved to permit off-site parking on contiguous
land zoned Commercial (C-4), more particularly described in Exhibit A.
The off-street parking shall comply with the Site Plan dated December, 2008, and
prepared by Planning Development Incorporated., attached hereto as Exhibit B, and shall be
subject to the conditions attached in Exhibit C.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
PASSED AND DUL Y ADOPTED by the Board of Zoning Appeals of Collier County,
Florida, this
day of
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
Steven T. Williams s(~ 0'\
Assistant County Attorney '3'"
Exhibits: A Legal Description
B Site Plan
C Conditions of Approval
Page 2 of2
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15EF~r:::~;; ~~~~~~~A~:;~~g:~:~'r6~~~U~llR
WITH INTI;GRATI;D 8 FOOT HIGH PREFA6RlCAllOD CONCRETE
WAL.I.A='ENCE W1i'l1 SHR:UBS ON 80TH SIDES TO BE MAINTAINED AT
,. MINIMUM HEIGHT Of a FEET, MD, 'TREES 26 FEET ON CEN~R
INSTALLED WITH A MINIMUM HEIGHT OF '8 FEET.
COlliER COUNTY ~: ~lvTi~~3
CooE (lOC) TYPE 0
10' FT MINIMUM WIDTH BUFFER VYITH
INTEGRATED ~ FOOT HIGH
PREFABRICATED CONCRETe
WAWFENCE WITH SHRl.8S ON BOlli
SIDES TO BE UAINTAlNEOATA MINIMUM
HEIGHT OF 8 FEET: AND, TREES 30 FEET
ON CENTER INSTALLED WITH A U'NIMUU
HEIGHT OF 1.. FEET.
RSF~ Re._nll. Zonq;: DiIn:t
C4 Coml'Nt'C;.t Z0nir9 O-.cl
COLLIER COUNTY LAND DE~~::~'
COOE (lDC)TYPE 0
to' FT MINIMUM W1DT11 eUFFEA WITH
TREES 25 FEET ON CENTEF1: INSTALLED
WITH A MINIMUM HEIGHT OF 10 ~ 12 FEET;
AND. DOUBLE ROW HEDGE OF SHRUBS
MAINTAINED AT A MINIMUM OF 3B INCHes
IN HEIGHT.
HATCH KEY
. P..-viou. I Clur.a
0 Pa\lllrMI"lt
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KEY PLAN I EXISnHG CONOInONS
SCALE' t. c 100'
EXHIBIT
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,rr _"
genaa Item NO. 0
June 9, 20 9
Page 32 of 4
PARKING EXEMPTION AREA
!l!':UImSi.
COLLIER COUNTY LAND DEVELOPMENT
CODE (lOC) TYPE 0
'0' FT MINIMUM WIDTH BUF~ER WITH
INTEGRA TI;D ~ FOOT HIGH
PRE~AMlCATED CONCRETE
WAUlFENCE WITH SHRUBS ON BOTH
SIDES TO BE MAINTAINED AT A MrNtMUM
HEIGHT Of'aFEET: AND, TREES:SO FEET
ON CENTER INSTALLEO VVITH A MINIMUM
HEIGHT OF'" FEET.
PROVIDED PARKING:
\PARKlNG EltENPTION AREA)
~~~~R::~.s,:ICl,~~~
(\\EST Of' PARKING ElCEMPTiO;:;;---
132 PARIONQ SPACES (>87%)
~ CormwrtWll20nJrig OifJtticl
,... TOTAL PARKING SPACES ('00%1
l!ClU.I!fWI;
COLUER COUNTY lAND DEVELOl>MENT
CODE (lDC) TYPE D
10' Fl. MINIMUM WtCTHeUFFEAWITH'
TReES 10 FEET ON CENTER INSTAU.ED
WITH A MINIMUM HEIGHT OF 10-12 FEET:
ANO. DOUBLE ROW HEDGE Of' SHRUBS
MAINTAINED AT A MINIMUM OF 3B INCHES
IN HEIGHT.
~
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I -- II
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KEY P~~~~~~:~~~~ENTIAL
SCALE' 'T" . 1 DO'
NOTES:
I'AAlGNO EXE....'IOHl"'EIClONlllTMENTS
\ TtE USE OF THE ~ "NOO~ EJlf_11ON, I'NIQ..o AREA IH4U. IE IltESTRlCTEC TO II!JM. IllORMIl QR:ICf ~.. HOVIa
OF OPERo\T1ON 1l0lUDE WILL If POSTED _'TfUrnNO T~ PNlllUNO E"lC"IIPTICN aPACES ro HOURS OF USE IE"TWlEl'II J ~ NlD. Ptil
MONOll'THFIOUOI1FAlJA'r
2 THE PAAIOlG UiMPTlON 'MtIIJ<<lIlPll.a:$.w.L. RtlTAlCTED TO "';ETNG PA_NG FlEQUlIlil!MtMTI FOROI"f'IQ; "ACE
I. PA.RKtt+Q WITHIN TloE...oorr~ IPNl.IGNG EXEW'TION) il'MICING NlE41S RE5TNCrtD TOIl1JRF,frICf. I'NIlIOfrG
" flIIrRlQNQW""H T\oE ~t'~ftG UfYPTI()lItIP~ 11'10.. ~ te l"OSlEO WfTHtlOMJE OE.QmlATNJ THE. P....ING...
RUTRlCTfO TO fMPlOYEE I'AJlIOMO
e tJlNilKlNa LOT UOHTINCI WIT"N"* ADOlT~ tl'AAlaNO Ell'fW'T1ON) '~_Ml AAEA 'Wll.1. Bf RElTflCTiP 'f0 UG>ft RX'JUR[S J.IA\IlM) N4
OVfAAU HEIOl-I' NO OJlfAl1A nWoI Cl'1HOE1
. THfIll:E 8lW.1. BE NO DlQCT ,t(:QEU FllOIlTME AD.W:lENl STRfETS TO THE APDIflOftl,l. jPNWNO EltEIIFT1ON) PoWCtIIJ ARE... ~sa
TO TtoIS PARKlNO ARE'" SHltU.IE Yl.A HE COMMEACtAlL Y ZONEO ~RTY
7, ~WfTHN tHfADOn'~fP.llIWNOEICEMPTIOfll)~#AKING AAEA~E~ COl.LlERClQI..M"Yl.JoNDDE~LOPfIlEN'I' OODE
tLDC)IlEQUlREWE""" ''f ~l*IO LAN~ TO TI-E I'Q~OWlNG 8l.a.tAlAO EACH PARIOfIIO IP.ce 8H.ftlL MlJT ... ~
IIl..IFFeR AN UIIT~llIIOR PAIl" LOT UWOBCAPE fIlNCl, OR A 1'Aff DIAMOND 1*.f ~T. A P...... TREE H,AVUI'G A M'NMUN CLEM
IEIOI'lTOF 1 FEET AND A""""" Ollt:fW.L tElOHT Of "REf
I THE: ltIf'fl:ilIS FMOMTtE PMIGNO EXEWTlONAAeJ. TO THE oIDJo\CEN'l USES &AAU.BE
1) SITE PLAN WITtilN PARK'NG EXEMPTlON AREA 8liAllBE Sl..BST/t.NTIAU,.Y CONSISTENT
WITH DE"CTION.
2) THE P4RJ(1NG EXEMPTION PARKING SPACES 8HAU. BE RESTRICTED TO
MEETING PARKING REQUIREMENT. FOA OfFICE SPAOE.
3) SITE F'LAN, BUILDING FOOTPRINT Nt/CJ LAND USE WITHIN C4 ZONED
SITE AREA ARe CONCEPTUAL "ND aMY CHANGE P'FICMOEO 'THE
CHANGE!S) ^"E COHSlSRNT VV1TH APPLICMLE lOO DEVELOPMENT
STANDARDS AND P.4RKINO EXEMPTION COAUTM:H1"S.
4) CEVElOPMENT OF A PARKING GllRAOE ON THE COMMERC1AL.l y ZONE PORTION IS
PROHIBITED.
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i ~T 'REFAlRtCl.TEO OONCRETE WAlL lOCf.rtD... MI....LlMOF . FEET FROUTHI: 00MaCW PftOPf",... IN: WITMthi. tJ ~T wlOE
CCUJfR OOlJJlT'l' LAND DPJELClPlIIENT COD[ TTJOE el.AH)8CNllE UP!!!R.
. V"!!OEfAnYE Pl..ANTW'fOI ~ BE Loc:;A'TIO EXTfIlUW. TO THf lIMU .tf<<),Ql ffNCIE lIUCH Tltln IIIlITY (101 PEN;Em OF M .N..L
NoIOOM I'ENCt lSSCREI!NEOWlntlNONE l'IYUROP T,*, INItAU.ATlONOF MID Vf0E1ATM: MAT&1WoL ACQfITIHUOUI'HEDOEItW.L.
'" L~nDOI.J11llDf OF' THE WH.\. AHOaio\U.lE GROWN AND MAHTAlNEP TO AHEGHT DF' fEn MlJlRlOATIO'I 8't'5TEN.w..L IIIE
(NlT..ufDlO~ THE l'JONtll'IU!Ow.tlUT't'QI' THf ~GnATl\ESCRUN,
. 1 TREE PEA. 25 FEE1' THE TREES At TItE "",E Of" IHITAUATlON IrW.L lIE ,.IiIIMlM)" Of 21 OILL.ONI. &llCTEl:H I'.) FEET IN IEltUn.
....VE" 2 "'NCH CALIPER IAT t2lNCHESAIIOVf:: THE' 0RQI..H)1AH)" 1l.l.lOO1"~
.
3PACfl
Of"EN "ACe _QUl"-'-"'" NOME.
I c.... MlNIM)M TNlD AEQUlR!'''ENfS
~MlN'T 'fAlllO& (~~~IC_t
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UfEP!T
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IItRUCTI,lRfSIIO nET III/ HEKJ,"" 0Ill i:Mf"TlIl:
aHALL fl'ACMOE ~ ADDrrlOHAi. ONE FOOT Of 'E'fBACt( fOR Ii:...eH FOOl OF
IIUll.DIHOItf:IOHTlI'IDlceMCH"ao.fI!IT
. .. FOOT I"fIlEFMlAICATEO OONCRETf W....l W1T...N....10 ,.-ooT WDf CQU1EIIl COUJlll"V l.NCl DfVELCWlitEWT CODE T'Il'f 0 I..AfirCeCN'E
-..
\If!QE''''M: PLJtN'11olO81HJtU BE ~YlDE.lITEA;rtIU. "TOTIoE WAll SUCt-l lW.T RF'1y ITIO)f'f"CEMlIlF'~ 'W....l.....OO1'I. R:1olCt'1&
~ENEOwl'HIN ,,"E (1) YEAR OF THf. INlITAL......'1ON OF 5A10 VEOET"TlVE MIoTER1AL NoIIRIIfOATIOH 8't8l'f1lt I!IHAU.IE "STAU.ED TO
i....... THe OONTN.lED~Tt' Of" TWE WGlTATM IIICREEH ,,* REQUIRED lXlUal! ROW HEDO.E 1'E000Rl"iNT IIIW.L IE 8PI.IT
B'(THfWALL. THE COI,POl(Tf I'ECXlE StfAU.'-:OROWNHtDWrltNTAINl!D fOAHEIOHT OI'eFlrT
~ TEE 'uS! Ffn TI4' Tltl'F1li AT THE" TlYf ~ IN"T"lUlTION.......t t! .........,..C1= 25!!ljlilQlollJ IFOIJ':l:TH"'l~"!"fET lNlo!5!'31"f
NAVE 42.IolNCHOIt.tPER(AT 12 frQoE.~ THE Oftl'JlfllD)~AFIIo'!.R:IQTPlICf.AO
IIN'f'fNKIAamNllItf"DE"NfLAl
f PLANNING DEVELOPMENT INCORPORATED
i DEVELClPIkENT CONIUL:TAHTS. ENGIE_, PLA*EAS AHDL.AIC)6QNIEAACHflECTI
-----...--. ---~..~
5133 CASTELLO DRIVE, 81J1'TE.2. NAPLEI, FlORlOA )4102
YDTOWN ~
--
CONCEPTUAL SITE PLAN
-...
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H~EIl, FLORIDA
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Agenda Item No. 17D
June 9, 2009
Page 33 of 34
PE-2008-AR-14071 Midtown Point Commitments:
1. The use of the additional 0.69:l: acres parking exemption area shall be restricted to serve
normal office business hours of operation. Signage will be posted restricting the parking
exemption spaces to hours of use between 7:00 AM to 6:00 PM, Monday through Friday.
2. The parking exemption is limited to a maximwn of 63 parking spaces and shall be
restricted to meeting parking requirements for office space.
3. Parking within the additional parking exemption area is restricted to surface parking.
4. Parking within the additional parking exemption area shall be posted with signage
designation the parking as restricted to employees parking who work at The Midtown
Point development.
5. Parking lot lighting within the parking exemption area will be restricted to light fixtures
having an overall height no greater than 42 inches.
6. There shall be no direct access from the adjacent streets to the parking exemption area.
Access to this parking area shall be via the commercially zoned property.
7. Landscaping within the parking exemption area shall exceed Collier County Land
Development Code (LDC) requirements by providing landscaping to the following
standard: Each parking space shall abut a landscape buffer; an interior parking lot
landscape island; or a tree diamond that supports a pabn tree having a minimum clear
height of7 feet and a minimum overall height of 14 feet.
8. The buffers from the parking exemption area to the adjacent uses shall be:
a. To Abutting Residential Lots:
· A 6-foot prefabricated concrete wall, located a minimum of 4 feet from
the common property line; within a IS-foot wide Collier County LDC
Type B Landscape Buffer;
· Vegetative plantings shall be located external to the wall andlor fence such
that 50 percent of the wall and/or fence are screened within 1 year of the
installation of said vegetative material. A continuous hedge shall be
installed to ensure the continued viability of the vegetative screen;
· 1 tree per 25 feet, the trees at the time of installation shall be a minimum
of30 gallons, 16 feet in height, have a 2.5 inch caliper (at 12 inches above
the ground) and a 6-foot spread.
b. To Ridge Street and Rosemary Lane Right-of-Way:
· A 4-foot prefabricated concrete wall within a 10-foot wide LDC Type D
Landscape Buffer;
· Vegetative plantings shall be located external to the wall andlor fence such
that 50 percent ofthe wall andlor fence are screened within I year of the
installation of said vegetative material. An irrigation system shall be
installed to ensure the continued viability of the vegetative screen. The
required double row hedge requirement shall be split by the wall. The
composite hedge shall be grown and maintained to a height of 6 feet.
· One (l) tree per 30 feet, the trees at the time of installation shall be a
minimum of25 gallons, 14 feet in height, have a 2.5 inch caliper (at 12
inches above the ground) and a 5-foot spread.
Exhibit C
Agenda Item No. 170
June 9, 2009
Page 34 of 34
Co~~un.t.Y
Memorandum
From:
Melissa Zone, Principal Planner, Department of Zoning and Land Development Review
David Weeks, AICP, Planning Manager, Comprehensive Planning Department
January 14, 2009
Future Land Use Element (FLUE) Consistency Review
To:
Date:
Subject:
PETITION NUMBER: PE-2008-AR-14071
PETITION NAME: Midtown Point
REQUEST: Parking Exemption to allow a portion of the required parking (63 of 195 spaces) to be
located off-site on abutting property.
LOCATION: The site is located on the east side of US-41 North, on the north side of Rosemary
Lane and on the south side of Ridge Street, in Section 22, Township 49 South, Range 25 East.
COMPREHENSIVE PLANNING COMMENTS: The subject property (:t2.56 acres total) is
designated Urbani Urban Mixed Use District/Urban Residential Subdistrict, as identified on the Future
Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan.
The principal site, comprising :t1.86 acres, is zoned C-4, General Commercial. C-4 zoning at this
location is not consistent with the locational criteria in the FLUE for commercial development.
However, this site is identified as "improved property" on the Consistent By Policy Maps in the FLUE,
therefore, this property's zoning is deemed consistent by policy and, pursuant to policy 5.9 in the
FLUE, the site may be developed or redeveloped in accordance with the C-4 zoning on the property.
The site is presently developed with commercial uses and redevelopment of the site is proposed.
The proposed off-site parking lot, comprising :to.697 acres, is zoned RSF-4, Residential Single
Family. Parking for uses not permitted in this zoning district, such as commercial uses as proposed
on the abutting (principal) site, is not typically allowed; however, Section 4.05.02K. of the Collier
County Land Development Code (LDC) provides for this requested parking exemption to allow off-site
parking on land not zoned commercial.
The FLUE is silent to off-site parking use. However, the LDC provides for off-site parking on non-
commercial zoned property to serve commercial uses, and that provision was deemed consistent with
the FLUE by the Board of County Commissioners via its adoption and incorporation into the LDC.
FLUE Policy 5.4 requires new developments to be compatible with, and complementary to,
surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land
Development Review staff as part of their review of the petition in its entirety.
Based upon above analysis, the proposed off-site parking may be deemed consistent with the FLUE.
ON CD PLUS
cc: Susan Murray-Istenes, AICP, Director, Department of Zoning and Land Development Review
Ray Bellows, Manager, Department of Zoning and Land Development Review
Randy Cohen, AICP, Director, Comprehensive Planning Department
PE-2008-AR-14071 Midtown Point Parking Exemption
G :Consistency Reviews\2009 dw/1-14-09
1