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Agenda 07/28/2009 Item #17CAgenda Item No. 17C July 28, 2009 Page 1 of 43 EXECUTIVE SUMMARY VA- 2008 -AR -13671 The Collier County Parks and Recreation Department, represented by Heidi Williams, AICP, of Q. Grady Minor and Associates, is requesting eleven variances from LDC subsection 4.06.02 regarding buffer requirements and one variance from LDC subsection 4.02.03 regarding standards for the location of accessory buildings and structures, with all 12 variances being for a community park to be known as the Mar Good Harbor Park in the Residential Single- Family (RSF -4) and Village Residential (VR) zoning districts with a Goodland Zoning Overlay (GZO). The 2.62 -acre subject property is located in Goodland, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. Companion Item: RZ- 2008 -AR -13967 OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above - referenced Variance petition and render a decision pursuant to Section 9.04.04 of the Land Development Code (LDC) in order to ensure that the project is in harmony with all applicable codes and regulations and that the community's interests are maintained. CONSIDERATIONS: According to LDC Section 9.04.02, Types of Variances ,4uthorized, a Variance may be requested for any dimensional development standard, including the dimensional aspects of landscaping and buffering. In order to build a waterfront community park that would preserve views of Goodland Bay, the applicants are requesting Variances from the required 10 -foot Type D buffers along adjacent roadways and from the required 15-foot Type B buffers along various interfaces with adjoining residential uses. In an effort to maintain the existing setbacks of several historic structures in the easternmost portion of the site, the applicants are requesting a further reduction of the required 15-foot Type B buffer width to five feet. Because the LDC only permits Variances from the requirements of Subsection 4.06.02, Buffer h'equircMents, to be strictly dimensional, the plant materials required by LDC - compliant buffers would still need to be planted within the modified buffer areas or accommodated elsewhere on the site. Finally, the applicants are requesting two setback Variances from the requirements of LDC Subsection 4.02.03, Specific Standards for Location ofAccess01T Bitildinis and Structures. Table 4, for two accessory structures —a covered shelter and a canoe storage rack —to reduce their side yards from 10 feet to five feet. As depicted on the Conceptual Site Plan entitled, "Mar -Good Harbor Park," prepared by Q. Grady Minor & Associates, P.A. and dated August 2008, the proposed park would provide pedestrian pathways adjacent to Goodland Bay for passive recreational use. These pathways would offer pedestrian access from Papaya Street to the west, Pettit Drive to the east, and Pear Tree Avenue to the south, providing users of the park with interconnections to two piers, a playground, volleyball court, bocce ball court, picnic VA- 2008 -AR -13671 May 20, 2009 area, a canoe /kayak launch, and various overhead shelter areas. A historic building on the site is proposed to be adapted for re -use as an "interpretive center" (i.e., a museum and educational facility), and several historic buildings across Pettit Drive are also proposed to remain. Each of these buildings is eligible for listing in the National Register of Historic Places and was recommended for historic designation by the County's Historic /Archaeological Preservation Board (HAPB). Vehicular access to the park facility would be possible from two access points on Pear Tree Avenue, where a 20 -space parking lot would be provided. Along the park's perimeter, the following buffers and transitional screening would be installed (these buffers are graphically illustrated in Exhibit C to the resolution, which has been attached to this report): 1. In the two areas on the conceptual site plan labeled with cross - section A -A, Variances from LDC Subsection 4.06.02.C.2 to allow: clustered trees every 50 liner feet instead of the requirement for individual trees to be planted every 25 feet on center; clustered —or "staggered " — shrubs, instead of the required single hedgerow; and a waiver of the wall requirement between residential and non- residential uses; 2. In the two areas labeled with cross- section B -B, Variances from LDC Subsection 4.06.02.C.2 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 25 feet on center; "staggered" shrubs instead of the required double hedgerow; and a waiver of the wall requirement between residential and non - residential uses; 3. In the four locations labeled with cross - section C -C. Variances from LDC Subsection 4.06.02.C.4 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 30 feet on center; and a waiver of the wall requirement; 4. In the location labeled with cross- section D -D, Variances from LDC Subsection 4.06.02.C.4 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 30 feet on center, a "continuous double staggered hedgerow" instead of the required double hedgerow; and a waiver of the required wall between residential and non- residential uses; 5. In the location labeled with cross- section E -E, Variances from LDC Subsection 4.06.02.0 to allow: a ten -foot wide buffer instead of the required 15 -foot wide buffer; clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 25 feet on center; and a waiver of the required wall between residential and non- residential uses; 6. In the location labeled with cross - section F -F, Variances from LDC Subsection 4.06.02.C.4 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 30 feet on center, and a waiver of the wall requirement between residential and nor, - residential uses, 7. In the three areas labeled with cross- section G -G, Variances from LDC Subsection 4.06.02.C.2 to allow: buffer widths of five feet instead of the required 15 feet, due to the existence of historic structures there; clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 25 VA- 2008 -AR -13671 2 May 20, 2009 feet on center; and a waiver of the wall requirement between residential and non- residential uses; 8. In the location labeled with cross- section H -H, Variances from LDC Subsection 4.06.02.C.4 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 30 feet on center; and a waiver of the wall requirement between residential and non - residential uses; 9. Along the beach in the locations labeled with cross - sections I -I, Variances from LDC Subsection 4.06.02.C.2 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 25 feet on center (with various shoreline restoration plantings to substitute for the required double hedgerow); and a waiver of the wall requirement between residential and non- residential uses; 10. In the location labeled with cross - section J -J, Variances from LDC Subsection 4.06.02.0.2 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 25 feet on center; a waiver of the required double hedgerow; and a waiver of the wall requirement between residential and non- residential uses: 11. In the location labeled with cross - section K -K, Variances from LDC Subsection 4.06.02.C.4 to allow: a buffer width of five feet instead of the required 10 feet, due to the existing playground's chain -link fence, which accommodates children's "fall zones" surrounding the playground equipment; a waiver of the required trees planted 30 feet on center; and a waiver of the wall between residential and non - residential uses. In addition, the applicants are requesting: 12. Variances from LDC Subsection 4.02.03, Specific Standards .for Locution of Accessori, Buildings and Str-irctures, Table 4, to allow reduction of the required ten -foot side yard setback to five feet for both a covered shelter (the northernmost on the site plan) and a canoe storage rack. It should be noted that, although the applicants are requesting a waiver of the wail requirement between residential and non - residential uses with this application, an administrative process exists for this type of waiver, which staff will review for appropriateness and the mitigation of impacts under a separate application. Therefore, this issue will not be addressed by this report. FISCAL IMPACT: Approval of this Variance petition would have no fiscal impact on Collier County. GROWTH MANAGLMLNT PLAN (GMP) IMPACT: Approval of this Variance would not affect or change the requirements of the GMP. AFFORDABLE 1< OUSiNG UMPAC-[ : VA-2008-AR-13671 3 May 20, 2009 4 7i 43 Approval of this Variance would have no affordable housing impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Variance. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION• The EAC did not review this petition as they do not normally hear Variance petitions. COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard petition VA- 2008 -AR -13671 on June 18, 2009, and believing that approving the Variance would not be injurious to the neighborhood or detrimental to the public welfare, voted unanimously (9 -0) to forward this petition to the BZA with a recommendation of approval, subject to the following conditions: The dimensional Variances approved are strictly limited to the landscape buffer width requirements and side yard setback requirements as depicted on the applicant's conceptual site plan, entitled "Mar -Good Harbor Park," and its associated cross - sections, prepared by Q. Grady Minor & Associates, P.A. and dated August 2008, as further restricted below. 2. The ten -foot buffer width granted is limited to the location labeled as cross - section E- E, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A, to allow a reduction of the 15 -foot wide buffer requirement. The five -foot buffer width granted is limited to the three areas labeled with cross - section G -G, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A, to allow a reduction from the 15 -foot wide buffer requirement. 4. The five -foot buffer width granted is limited to the location labeled with cross- section K -K, as depicted in the conceptual site plan and its associated cross- section included as Exhibit A, to allow a reduction from the 10 -foot wide buffer requirement. A fine -foot setback Variance shall be permitted for the northernmost covered shelter and the canoe storage rack, as depicted on the conceptual site plan, to allow a five - foot side yard setback instead of the required ten -foot side yard setback. 6. All the plant materials required by the LDC for screening and buffering shall be accommodated in the modified and /or reduced width buffers' respective areas, or may be relocated to other areas of the site, subject to review and approval by the County Landscape Architect. VA- 2008 -AR -13671 May 20, 2009 '7C i r,e,.5 -1i 3 7. Irrespective of that depicted in the cross - section J -J exhibit, a double hedgerow shall be provided in this buffer, which may be clustered and planted at a minimum height of 30 inches in order to preserve views. The CCPC was amenable to the applicant's request to waive Condition No. 7, provided that staff receive letters from the three property owners adjoining buffer J -J stating that they did not want the recommended double hedgerow. However, as of the writing of this Executive Summary, these letters had not been received. Because the CCPC's recommendation of approval was unanimous, and no letters of objection were received from the connnunity, this item is being placed on the summary agenda. LEGAL CONSIDERATIONS: The petitioner is requesting Variances from the side yard setback requirements and for landscape buffer widths. The granting of such Variances is permitted under LDC Section 9.04.02. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. Decisions regarding Variances are quasi - judicial and ex paste communications must be disclosed, and all testimony given must be under oath. Petitioners have the burden to prove that the proposed Variance is consistent with all the criteria set forth below, and you may question the petitioners or staff to assure yourself that the necessary criteria have been satisfied. Should you consider denying the Variance, to assure that your decision is not later found to be arbitrary, discriminatory or - unreasonable; the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Approval of this request requires three affinnative votes of the Board. In granting any Variance, the BZA may prescribe appropriate conditions and safeguards in conformity with the zoning code, including, but not limited to, reasonable time limits within which action for which the Variance is required shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, would be deemed a violation of zoning code. -STW Criteria for Variances 1. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. 2. There are special conditions and circumstances which do not result from the action of the applicant, such as pre - existing conditions relative to the property which is the subject of the Variance request. 3. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. The Variance, if granted, %,,Jll be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or v %elfare. 5. Granting the Variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the saute zonitrg district. VA-2008-AR-13671 5 May 20, 2009 A - 6. Granting the Variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. 8. Granting the Variance will be consistent with the GMP. The proposed Resolution was prepared by the County Attorney's Office and is sufficient for Board action. -STW RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve Petition VA- 2008 -AR- 13671, subject to the conditions of approval below, which have been incorporated into the attached resolution: 1. The dimensional Variances approved are strictly limited to the landscape buffer width requirements and side yard setback requirements as depicted on the applicant's conceptual site plan, entitled "Mar -Good Harbor Park," and its associated cross - sections, prepared by Q. Grady Minor & Associates, P.A. and dated August 2008, as further restricted below. 2. The ten -foot buffer width granted is limited to the location labeled as cross - section E -E, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A, to allow a reduction of the 15 -foot wide buffer requirement. 3. The five -foot buffer width granted is limited to the three areas labeled with cross - section G -G, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A, to allow a reduction from the 15 -foot wide buffer requirement. 4. The five -foot buffer width granted is limited to the location labeled with cross - section K -K, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A, to allow a reduction from the l0 -foot wide buffer requirement. 5. A five -foot setback Variance shall be permitted for the northernmost covered shelter and the canoe storage rack, as depicted on the conceptual site plan, to allow a five -foot side yard setback instead of the required ten -foot side yard setback. 6. All the plant materials required by the LDC for screening and buffering sl-all be accommodated in the modified and/or reduced width buffers' respective areas, or may be relocated to other areas of the site, subject to review and approval by the County Landscape ,Architect. VA- 2008 -AR -13671 6 May 20, 2009 Agenda !lem No. 17C .duly 48, 2039 Page 7 of 43 7. Irrespective of that depicted in the cross- section J -J exhibit, a double hedgerow shall be provided in this buffer, which may be clustered and planted at a minimum height of 30 inches in order to preserve views. 8. If any of the historic structures across Pettit Drive are removed such that the LDC- required 15 -foot buffer width could be accommodated, then the five -foot buffer width shall not be permitted. PREPARED BY: John -David Moss, AICP, Principal Planner Department of Zoning and Land Development Review VA- 2008 -AR -13671 7 May 20. 2009 ISO ev County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: TUNE 4, 2009 SUBJECT: VA- 2008 -AR- 13671, MAR -GOOD HARBOR PARK (COMPANION TO RZ- 2008 -AR- 13967) PROPERTY OWNER/APPLICANT /AGENT: Owner: Collier County Parks and Recreation Department 15000 Livingston Road Naples, FL 34109 REQUESTED ACTION: S' :;f : 3 Agent: Heidi Williams, AICP Q. Grady Minor & Associates, P.A. 3800 Via del Ray Bonita Springs, FL 3 To have the Collier County Planning Commission (CCPC) consider I I Variances from Land Development Code (LDC) Subsection 4.06.02, Baer Reguiren7ents, and one Variance from Subsection 4.02.03, Specific Sta71da1-ds for Location of Accessory Buildings and Structures, Table 4, for a community park. GEOGRAPHIC LOCATION: The subject property is located on the north side of Pear Tree Avenue; west of Goodland Drive East: east of Papaya Street and Goodland Bay; and south of Pettit Drive and Goodland Bay, in Section 18, Township 52 South, Range 27 East, Goodland, Collier County, Florida (see location map on the following page). PURPOSE /DESCRIPTION OF REOUEST: According to LDC Section 9.04.02, T}pes of Y'ariances Authorized, a Variance may be requested for any dimensional development standard, including the dimensional aspects of landscaping and vuiieiiiig. n Cir cr t0 biiiid a wawiuvLt CGi11n1liilitV hark that would preserve Mews Of GUOdiand Bay, the applicants are requesting Variances from the required 10 -foot Type "D" buffers along adjacent roadways and fi-om the required 15 -foot Type "B" buffers along, various interfaces with VA-2008-AR-1 3071 May 12, 2009 Page 1 ^ 9 D r •= 3 adjoining residential uses. In an effort to maintain the existing setbacks of several historic structures in the easternmost portion of the site, the applicants are requesting a further reduction of the required 15 -foot Type "B" buffer width to five feet. Because the LDC only permits Variances from the requirements of Subsection 4.06.02, Buffer Requirenients, to be strictly dimensional, the plant materials required by LDC - compliant buffers would still need to be planted within the modified buffer areas or accommodated elsewhere on the site. Finally, the applicants are requesting two setback Variances from the requirements of LDC Subsection 4.02.03, Specific Standards for Location of Accessoi -v Buildings and Structures, Table 4, for two accessory structuresa covered shelter and a canoe storage rack—to reduce their side yards from 10 feet to five feet. As depicted on the Conceptual Site Plan entitled, "Mar -Good Harbor Park," prepared by Q. Grady Minor & Associates, P.A. and dated AuO ust 2008, the proposed park would provide pedestrian pathways adjacent to Goodland Bay for passive recreational use. These pathways would offer pedestrian access from Papaya Street to the west, Pettit Drive to the east, and Pear Tree Avenue to the south, providing users of the park with interconnections to two piers, a playground, volleyball court, bocce ball court. picnic area, a canoe /kayak launch, and various overhead shelter areas. A historic building on the site is proposed to be adapted for re -use as an "interpretive center" (i.e., a museum and educational facility), and several historic buildings across Pettit Drive are also proposed to remain. Each of these buildings is eligible for listing in the National Register of Historic Places and was recommended for historic designation by the County's Historic /Archaeological Preservation Board (HAPB). Vehicular access to the park facility would be possible from two access points on Pear Tree Avenue, where a 20 -space parking lot would be provided. Along the park "s perimeter, the following buffers and transitional screening would be installed (these buffers are graphically illustrated in Exhibit C to the resolution, which has been attached to this report): 1. In the two areas on the conceptual site plan labeled with cross - section A -A, Variances from LDC Subsection 4.06.02.C.2 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 25 feet on center; clustered —or "staggered " — shrubs, instead of the required single hedgerow; and a waiver of the wall requirement between residential and non - residential uses: 2. In the two areas labeled with cross- section B -B, Variances from LDC Subsection 4.06.02.C.2 to allow: clustered trees every 50 linear feet instead of the requirement Or individual trees to be planted every 25 feet on center: "staggered" shrubs instead of the required double hedgerow. and a ,vaivcr of the wall requirement between residential and non- residential uses: 3. In the four locations labeled with cross- section C -C, Variances frorn LDC Subsection 4.06.02.C.4 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 30 feet on center; and a waiver of the wall requirement: 4. in the location labeled with cross - section D -D, Variances from LDC Subsection 4.06.02.0.4 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 30 fect on center; a "continuous double staggered hedgerow" instead of the required double hedgerow; and a waiver of the required wall between residential and non - residential uses: 5. in the location iabelcd with cross - section E -E, Variances from LDC Subsection 4.06.02.0.2 to allow: a tl.n -root wide buffer instead of the required i 5 -loot wide buffer; \'A- 2008 -AR -1 : 3671 Mav 12, ZOOM Page 2 u; °^ cz Itet11 CEO. I 1 Pace 10 of 3 clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 25 feet on center; and a waiver of the required wall between residential and non - residential uses; 6. In the location labeled with cross - section F -F, Variances from LDC Subsection 4.06.02.C.4 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 30 feet on center; and a waiver of the wall requirement between residential and non - residential uses; 7. In the three areas labeled with cross - section G -G, Variances from LDC Subsection 4.06.02.C.2 to allow: buffer widths of five feet instead of the required 15 feet, due to the existence of historic structures there; clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 25 feet on center; and a waiver of the wall requirement between residential and non - residential uses; S. In the location labeled with cross - section H -H, Variances from LDC Subsection 4.06.02.C.4 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 30 feet on center; and a waiver of the wall requirement between residential and non - residential uses; 9. Along the beach in the locations labeled with cross - sections 1 -1, Variances from LDC Subsection 4.06.02.C.2 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 25 feet on center (with various shoreline restoration plantings to substitute for the required double hedgerow); and a waiver of the wall requirement between residential and non - residential uses; 10. In the location labeled with cross- section J -J, Variances from LDC Subsection 4.06.02.C.2 to allow: clustered trees every 50 linear feet instead of the requirement for individual trees to be planted every 25 feet on center; a waiver of the required double hedgerow; and a waiver of the wall requirement between residential and non- residential uses; 11. In the location labeled with cross - section K -K, Variances from LDC Subsection 4.06.02.C.4 to allow: a buffer width of five feet instead of the required 10 feet, due to the existing playground's chain -link fence, which accommodates children's "fall zones" surrounding the playground equipment; a waiver of the required trees planted 30 feet on center; and a waiver of the wall between residential and non - residential uses. In addition, the applicants are requesting: 12. Two Variances from LDC Subsection 4.02.03, Specific Standards for Location of ACCeSS0711 Bitildings and Structures, Table 4, to allow reduction of the required ten -foot side yard setback to five feet for both a covered shelter (the northernmost on the site plan) and a canoe storage rack. It should be noted that, although the applicants are requesting a waiver of the wall requirement between residential and non- residential uses with this application, an administrative process exists for this type of waiver, which staff will review for appropriateness and the mitigation of impacts under a separate application. Therefore, this issue will not be addressed by this report. SURROUNDING LAND USE & ZONING: North: Single - family homes with an RSF -4, VR and GZO zoning designation; and Goodland Bay VA- 2008 -AR -13671 May 12, 2009 Page 3 South: Single - family homes with an RSF -4 and GZO zoning designation; and Pear Tree Avenue East: Single family homes with an RSF -4, VR and GZO zoning designation West: Single - family homes with an RSF -4, VR and GZO zoning designation AERIAL VIEW GROWTH MANAGEMENT PLAN (GMP) CONSISTENCE': Future Land Use Element (FLUE): The subject property is designated Conservation on the Future Land Use Map (FLUM) of the GMP and is within the Coastal Hiuh Hazard Area (CHHA). The purpose of this designation is to conserve and maintain the natural resources of Collier County for their associated environmental, recreational and economic benefits. Relevant to this petition, the Conservation designation permits non - residential uses, including parks, open space and recreational uses, and allows water- dependent and water- related uses, such as the requested islling pier, boating pier. and canoe launch. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. Therefore, since the proposed use is consistent with the Conservation desiunation. staff deems it to be consistent with the GMP. A A' A 1 ,%CAC: .'Ll\2-1L 1 1 Section n Q.4 Ql pt the T T)(- (rives the Board )4 Zoning Appeals tQ7 A� f auth O r ;iv to -ran' , k L .L_ w t \ 'A- 20(18 -AR -1 ?671 May 12, 2009 Page 4 Au- inch tvrn P,o. 1 ,7 july ?3, 2009 Fade 1� :;;43 Variances. The CCPC is advisory to the BZA and utilizes the provisions of Subsection 9.04.03 A. through H., in italics below, as general guidelines to assist in making a recommendation of approval or denial. Staff has analyzed this petition relative to these provisions, and offers the following: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. As noted in the companion Rezone staff report, the proposed park site's configuration is the result of a prior owner's aggregation of available parcels in the area, many of which were irregularly shaped by virtue of their location on Goodland Bay. Because the community would like to preserve the park's and adjacent neighbors' viewsheds of the bay, the applicants are proposing to cluster most of the required plant materials instead of installing them in their required linear formation. According to the applicant, the community also specifically requested that the proposed covered shelter in the northernmost corner of the park be situated in that location because of water views afforded there; however, as evidenced by the site plan, it is a particularly constrained corner of the site, necessitating a setback Variance. Additionally, the presence of multiple historic structures proposed for preservation across Pettit Drive demands the reduced buffer widths requested in the easternmost portion of the park; and an existing fenced playground the applicants would prefer not to move has been cited as the reason for the requested reduced buffer width along cross - section K -K. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre- existing conditions relative to the property, which is the subject of the Variance request? Yes, there are pre - existing conditions that do not result from the action of the applicant. The neighborhood was platted decades ago without any consideration given to a neighborhood park; and the subject site's unusual shape is a direct consequence of the only available properties the applicants' land grantor was able to consolidate. Furthermore, almost half of the site contains pre - existing structures, which are eligible for listing in the National Register of Historic Places. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. A literal interpretation of the LDC provisions would create practical difficulties for the applicants by preventing them from developing the site in accordance with the community's desire to preserve views of Goodland Bay. It would also preclude their ability to erect the proposed covered shelter at the site's northernmost point, as specifically requested by the community; and to incorporate the historic structures across Pettit Drive into the park project, since some of these structures stand in the required buffer yards. d. Will the Variances, if granted, be the minimum Variances that will make possible the reasonable use of the land, building or structure and which promote standards of 'health, safety and welfare? VA-2008-AR-13671 May 12, 2009 Page 5 err. 1, l o. 17:- Yes. According to the applicants, the number and size of the requested Variances have been limited to those necessary to provide the amenities required by the community. In response to the community's wishes, they are requesting reductions in buffer widths and the ability to depart from the typical linear arrangement of plant materials in favor of clustered planting areas that would permit park and bay views from outside the park itself. This design approach would not only have aesthetic benefits, but would also be consistent with a commonly accepted CPTED (Crime Prevention through Environmental Design) principle for public parks, since such a landscape design would allow outsiders to surveil activities within the park. e. Will granting the Fariances confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. However, as previously noted, LDC Section 9.04.02 provides relief through the Variance process for any dimensional development standard, including the dimensional aspects of landscaping and buffering requirements. As such, other properties facing a similar hardship would be entitled to make a similar Variance request and would be conferred equal consideration. i N ill granting the Variances be in harmony with the general intent and pu►pose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. LDC Subsection 4.06.01.A.2. Bitffcrin and Screenin;, states that the purpose and intent of landscape buffering and screening is to, among other things: • Reduce the potential incompatibility of adjacent land uses; • Maintain open space; • Enhance community identity: • Improve the aesthetic appearance of development; • Provide physical and psychological benefits to persons through landscaping by reducing noise and glare; • Improve environmental quality by reducing and reversing air, noise, heat and chemical pollution... and the creation of shade and microclimate: and • Reduce heat Qain in or on buildings and paved areas through the Filtering capacity of trees and veLetation. As the LDC - required plant materials would still be provided in dimensionally modified buffer areas, the proposed Variances. with the conditions of approval recomrnended by staff, would be harmonious with these objectives. g. Qr•e there natural conditions or phl�sicaliy induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? VA 20OK- AR -i;s-, i May 12, 2009 Page 6 ,uen:da Item No. 17C ,July 28, 2'?Gq Pag-3 14 of 43 Yes, there are physically induced conditions that would ameliorate the goals and objectives of these regulations. The site is located on Goodland Bay, whose viewsheds the applicants, at the request of the surrounding neighbors, would like to preserve. This objective could only be accomplished by way of the proposed Variances to allow clustering of the required plant materials. Furthermore, the clustered buffers would also allow the integration into the project of a group of historic buildings across Pettit Drive. Both of these aims would enhance the aesthetics of the surrounding area and, with the conditions of approval recommended by staff, compensate for the impact of the requested Variances from the requirements of the LDC. With respect to the reduced side yard setbacks for the overhead shelter and the canoe storage rack, these two Variances would be mitigated by these structures' separation by Goodland Bay from the nearest residential uses. h. Will granting the Variances be consistent mith the Growth Management Plan (GMP) ? Approval of this Variance petition would not have any affect on the GMP. The proposed use is permitted within the land use designation of the GMP in which it is located. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear Variance petitions and did not hear this one. RECOMMENDATION: Staff recommends that the CCPC forward Petition VA- 2008 -AR -13671 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. The dimensional Variances approved are strictly limited to the landscape buffer width requirements and side yard setback requirements as depicted on the applicant's conceptual site plan, entitled "Mar -Good Harbor Park," and its associated cross- sections, prepared by Q. Grady Minor & Associates, P.A. and dated August 2008, as further restricted below. 2. The ten -foot buffer width granted is limited to the location labeled as cross - section E -E, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A, to allow a reduction of the 15 -foot wide buffer requirement. 3. The five -foot buffer width granted is limited to the three areas labeled with cross - section G- G, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A, to allow a reduction fi•om the 15 -foot wide buffer requirement. 4. The five -foot buffer width granted is limited to the location labeled with cross - section K -K, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A, to allow a reduction from the 10 -foot wide buffer requirement. " 5. A five -foot setback Variance shall be permitted for the northernmost covered shelter and the canoe storage rack, as depicted on the conceptual site plan, to allow a five -foot side yard setback instead of the required tcn -foot side yard setback. VA- 2008 -AR -13671 May 12, 2009 Page 7 J f l 6. All the plant materials required by the LDC for screening and buffering shall be accommodated in the modified and./or reduced width buffers' respective areas, or may be relocated to other areas of the site, subject to review and approval by the County Landscape Architect. 7. Irrespective of that depicted in the cross - section J -J exhibit, a double hedgerow shall be provided in this buffer, which may be clustered and planted at a minimum height of 30 inches in order to preserve views. 8. If any of the historic structures across Pettit Drive are removed such that the LDC- _required 15 -foot buffer width could be accommodated. then the five -foot buffer width shall not be permitted. \A 2008 -AR -13671 May 12. 2009 Page 8 A'--4endla !Leni No. 17C J,-Iy 28, 2909 Pa if-3 PREPARED BY: JOHN -DAVID MOSS, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY- ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 099IM -1]L N 17 1T JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the June 23, 2009 Board of Zoning Appeals meeting. VA- 2008 -AR -13671 May 12, 2009 Page 9 Page I of 2 !I em, l.o. 17 C My 2& 209 Page 17 of Q COLLIER COUNTY Item Number: -C Item Summary: T,iis item requires t`iat A pamnpaos he sworn in and n: parte disclosure be provided by Commisso-i mem5ers VA-2003-AR-13571, T',e --.o!iierCoL.,nty Parks and Recreation Depwiment iepreseNej ny HeK Ghurrs, ACPnf Ch Grady Minor and Assoc,azes is nopewmg eleven vana=Rs from !DC subsenor 4 G6 S2 regarding huffer requirements and we vx4rice bom LDC subsezhon 4 02 03 regarcling szandarcs for ocatior of accessory WAings and 0-javvy qh all 12 vaqarces being for a comriuriity za!k. 10 he Knovvr. as tre Mar Good haWor Pa* in me Residential SingbTarnily (RSF-4) and Wage Residential (VRi zoning o0ncs Y ir n OZW+ od Zown vemay 000v he 212-ame Si bow pmpemy is located in !r, -Iezticr, 18. TO sh:,-, -.2 So,ilh, Barge 27 East, Collier Cojrty, Florida. CTS Meeting Date: - X23 ;-1D -2;y 11 u ti C!d rJo Prepared By John - David Moss Senior Plallnr.r Date Community Developmr-It F- zD m-;�i &-, Zmevlk�pnlen* 753"1 10� PIA e Envinonrierral SvWss Approved By Ray _allows CNO power Data Community Dev --lopment & ZWKg & Lou De"Opm"! Rvvicv�- 71152009 1:12 PlArl, Environrv.ental Approved By JAY puig opfomn Av UE) Camrnv,-,:ty v,7, iz; 0 r [ C,- nt VINW9 408 PM Enlwwwmw Zw,-iz?s Approved By Skwn VM"ms Ate Aqw.y's omne Ammon C 03�-, 0141009 445 Pikl), Approved By !we 7, "j; 7,14 TOG9 T; j 001i Approved By Susan Nows, A Tp D ::w Doe Emovr"Ims SWOWS Approved Q At Klokmv Cour"y ccurly Al"Me, 070- 7 11 TQ909 4:2G VnIA Approved By F C r file:IIC:\AL�eiidaTL-st",Ext)oi-t1 133-Julvtt2O2814202009\17.",'020',t]MM,ARY'%20AGF,NDA\-.. 7/22/2009 Pu(,c2o[2 "\genda!1emNo. 17C July 2S.2OD9 Paga1Oof43 County Wianae*,'s office Office cfmanao=mcnt & Budget 7m51'2309 7:51 Am Approved By mam!saclxun Budget Analyst Da= County Manager's Office of, ice m* Management &Budget 7,116,12009 en5 xm Approved By Leo e. Ochs, Jr. Deputy County Manager oa/o Board nfCounty Commissioners CountnM»nag�r"D�,�p 712012009 10:23 � fi|c:/�C:\4�.TcnduTes1UExnort\|33-Ju|vY62028.%2O2OO9\|7.%20SUk1M/\RY%2O/\GFND/\\— 7/22/2009 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 6968 • it -' 'ram ^�c. 17 _. 4 uI y '_"Q­ _X .4') 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252- VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PETITION NO (AR) PROJECT NAME To he completed by staff PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER Above to be completed by staff APPLICANT /AGENT INFORMATION —� NAME OF APPLICANTS) COLLIER COUNTY PARKS AND RECREATION ADDRESS 15000 LIVINGSTON ROAD, NAPLES, FL 34109 TELEPHONE # 239- 252 -4000 CELL # E -MAIL ADDRESS: NAME OF AGENT Q. GRADY MINOR & ASSOCIATES, P.A. ADDRESS 3800 VIA DEL REY, BONITA SPRINGS, FL 34134 TELEPHONE # 239-947-1144 CELL # E -MAIL ADDRESS: HWILLIAMS(p'GRADYMINOR.COM FAX # FAX # 239- 947 -0375 PROPERTY DESCRIPTION I Legal Description of Subject Property: Section /Township/ Range 18/52 Sr27 E Property I.D. #: Please see attached. Subdivision: Unit Lot: Block: Metes & Bounds Description: Acreage: 2.62 -� /'- acres Address of Subject Property (If different from Petitioner's address): Please see attached. BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS._ Collie, County .lpplicatiim UCS GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANC 'W[ THESE REGULATIONS. ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http: / /www.collierciov.net /Index.aspx ?page -774 NAME OF HOMEOWNER ASSOCIATION: GOODLAND CIVIC ASSOCIATION MAILING ADDRESS P.O. BOX 571 CITY GOODLAND STATE FL ZIP 34140 NAME OF HOMEOWNER ASSOCIATION: GOODLAND PRESERVATION COALITION, INC. MAILING ADDRESS P.O. BOX 691 CITY GOODLAND STATE FL ZIP 34140 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP ADJACENT ZONING AND LAND USE Zoning N RSF -4 -GZO S RSF -4 -GZO E RSF- 4 -GZO, VR -GZO vacant W VR -GZO, C -4 -GZO Land Use Single - family residential, mobile homes, water Single - family residential, vacant Single - family residential, Single- family residential, vacant Minimum Yard Requirements for Subject Property: Front: 35' Corner Lot: Yes ❑ No Side: 15' Waterfront Lot: Yes ® No ❑ Rear: 30' Collica County .Application 2008 � 2009 D of 43 J:: h, BE ADVISED THAT SECTION 10.03.05.6.3 OF THE LAND DEVELOPMENT CODE REQUIRESPAw APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 1 8'; when property owner purchased property; when existing principal structure was uuiit iin%iude -uil- Ul Ing permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. For projects authorized under LDC Section 9.04.02, provide detailed description of site alterations, including any dredging and filling. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1 - 8). (Please address these criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Please see attached. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre - existing conditions relative to the property which is the subject of the variance request. Please see attached. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Please see attached. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land; huilding or structure and Whir-11 l)romote standards of health, safety or .vel'ar e Please see attached. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Please see attached. 6. Will granting the variance be In harmony with the Intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Please see Collier County Annhcatinn 20fN 3 c. r 1 -J' 4 3 /`gen.Ca item No. 17C ?. Are there natural conditions or physically induced conditions that ameliorate the goals af4 y 28, 2009 objectives of the regulation such as natural preserves, lakes, golf course, etc. Face 22 a{" Please see attached. 8. Will granting the variance be consistent with the growth management plan. Please see attached. 9. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑ No If so, please provide copies. CDJ1C1 COUII1Y Application 20M ' 4 cure 2J3 3 Mar -Good Harbor Park Folio Number Address Leual Description 1. 46270800007 None Goodland Heights Amended, Block 3, Lot 11 2. 01057120000 None S /T;R 18%52 %27, Parcel in Lot 14, Desc in DB 47, Pg 411 3. 01057160002 None S!T;R 18/52127, Parcel in DB 27 -357 4. 01057080001 426 Papaya 18152;'27 Parcel Desc in DB 54 -59 in Govt Lot 14 5. 46 270680007 321 Pear Tree Goodland Heiolhts Amended, Block 3, Lot 4 6. 46 2 7 0120005 321 Pear Tree Goodland Heights Amended, Block 3, Lots 5 and 6 7. 46270760008 321 Pear Tree Goodland Heights Amended, Block 3, Lots 7 -10 S. 66680200002 326 Pettit Pettit Lots 9 and 10 9. 66680120001 331 Pettit Pettit Lots 4 -6 my -28. 20C"9 P E,:e 24 ui = -3 RESOLUTION 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- 2008 -AR- 13671, FOR ELEVEN VARIANCES FROM LDC SUBSECTION 4.06.02, CONCERNING BUFFER REQUIREMENTS AND ONE VARIANCE FROM LDC SUBSECTION 4.02.03, CONCERNING ST a SID e IRDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES; EACH OF THE TWELVE VARIANCES FOR THE PURPOSE OF ALLOWING A COMMUNITY PARK WITHIN RESIDENTIAL SINGLE FAMILY (RSF -4) AND VILLAGE RESIDENTIAL (VR) ZONING WITH A GOODLAND ZONING OVERLAY (GZO) ON PROPERTY LOCATED IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST 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) (Ordinance No. 200441, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of eleven variances from LDC subsection 4.02.03, concerning buffer requirements and two variances from LDC subsection 4.02.03, concerning standards for the location of accessory buildings and structures as shown on the attached Exhibit "A ": conceptual site plan, in the Residential Single Family (RSF -4) and Village Residential (VR) Zoning Districts, both of which contain Goodland Zoning Overlay (GZO) for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all V !"k;f 23. 2Ht.D9 "5c}f_3 applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board 'having considered all matters presented. NOW, T114EREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The Petition Number VA- 2009 -AR -13671 filed by Heidi Williams of Q. Grady Minor and Associates representing Collier County Parks and Recreation Department with respect to the property hereinafter described as: See Attached Exhibit "B" be and the same hereby is approved for variances from LDC subsection 4.06.02 to allow: 1. A variance in cross - sections A -A of the conceptual site plan to allow: clustered trees every 50 lineal feet instead of trees planted every 25 feet on center; clustered or "staggered" shrubs instead of the required single hedgerow; 2. A variance in cross - sections B -B of the conceptual site plan to allow: clustered trees every 50 lineal feet, instead of trees planted 25 feet on center, "staggered" shrubs instead of the required double hedgerow; 3. A variance in cross- section C -C of the conceptual site plan to allow clustered trees every 50 lineal feet instead of trees planted 30 feet on center; 4. A variance in cross- section D -D of the conceptual site plan to allow clustered trees every 50 lineal feet instead of trees planted 30 feet on center and a double clustered hedgerow instead of the required double hedgerow; 5. A variance in cross- section E -E of the conceptual site plan to allow a ten -foot wide buffer enhanced by a landscaped stormwater management pond instead of a 15 -foot wide buffer; clustered trees every 50 lineal feet instead of trees planted 25 feet on center; 6. A variance in cross section F -F of the conceptual site plan to allow clustered trees every 50 lineal feet instead of trees planted 30 feet on center; 2 I -',q i a It iTi Nlo. l 7 C July _8 2009 page 26 of =3 7. A variance in cross- sections G -G of the conceptual site plan to allow buffer widths of five feet instead of 15 feet due to the presence of historic structures; clustered trees every 50 lineal feet instead of trees planted 25 feet on center; and a clustered double hedgerow; 8. A variance in cross - section H -H of the conceptual site plan to allow clustered trees every 50 lineal feet instead of trees planted 30 feet on center; 9. A variance in cross - section I -I of the conceptual site plan to allow clustered trees every 50 lineal feet instead of trees planted 25 feet on center; various shoreline plantings to be permitted instead of a the. double hedgerow; 10. A variance in cross section J -J of the conceptual site plan to allow clustered trees every 50 lineal feet instead of trees planted every 25 feet on center and a waiver of the double hedgerow; 11. A variance in cross - section K -K of the conceptual site plan to allow a buffer width of five feet instead of ten feet due to the existing playground fence and a waiver of the required trees to be planted 30 feet on center; Also be and the same hereby is approved for a variance from LDC subsection 4.02.03 to allow: 12. A reduction of the required ten -foot side yard setback for the northernmost covered shelter and a canoe storage rack from 10 feet to five feet for both structures. as shown on the attached Exhibit "A ", in the zoning district wherein said property is located_ BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote this day of , 2009. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, Chairman 3 Approved as to form and legal sufficiency: STEVEN T. WILLIAMS 5 Assistant County Attorney EXHIBIT "A ": Conceptual Site Plan EXHIBIT "B ": Legal Description EXHIBIT "C ": Cross Sections of Buffers EXHIBIT "D ": Conditions of Approval 08-CPS-00892116 REV. 5!15109 4 July 288 'x(19 °v 3 1 1 t iE i 1 �1 {D bsl I � 1 v • 4� 5 GOOD LAND DRIVE FAST - r _ 7 ui I �E I e4 I �$ I E �J r 4 1 1� Aoellda Item No. 17C Pace 28 of 1;3 Exhibit A MAAR -000D ILAXBOR PARK VARIANCE K S Jff&Q. GRAVY MINOR & ASSOCIATES, P.A. CNrL ENUMMS • LAND SURVEY ORS . PLkWUS • LANDSCAPE ARCFIft M fI0t61A S�YJNOI • Tpf:TyyDT.S � NOUN lORT CCP�iCEP; UAL PLAN K'WW.GRADYMI1JOP ubM 9102T 1 OF Mar -Goon Harbor Park Polio Number Address Legal Description �.. J, 1. 46270800007 None Goodland Heights Amended, Block 3, Lot 11 2. 0105 7120000 None S/T /R 18/52/27, Parcel in Lot 14, Desc in DB 47, Pg 411 3. 01057160002 None S /T /R 18152127, Parcel in DB 27 -357 4. 01057080001 426 Papava 18/52/27 Parcel Desc in DB 54 -59 in Govt Lot 14 5. 46270680007 321 Pear Tree Goodland Heights Amended, Block 3, Lot 4 6. 46270720006 321 Pear Tree Goo"and Heights Amended, Block 3, Lots 5 and 6 7. 46270 7 60008 321 Pear Tree Goodland Heights Amended, Block 3, Lots 7 -10 8. 66680200002 326 Pettit Pettit Lots 9 and 10 9. 66680120001 331 Pettit Pettit Lots 4 -6 Exhibit B TYPE "B" BUFFER TREES 10' HT.,4' SPR. TREES CLUSTERED < 50' ON CENTER TYPE "B" BUFFER MULTIPLE STAGGERED ROWS, HEDGE 5' HT. 10 GAL. CONTAINER 4' ON CENTER, 24" ON STAGGER, ADDED SHRUBS FROM OTHER SITE BUFFER AREAS. -Ex-hibitC, 10, 15' WIDE TYPE "B" BUFFER SECTION A-A NO PERIMETER BERM OR WALL N-T-S- MAR-COOD HARBOR PARK ZARIANCE Q. GRADY MINOR & ASSOCIATES, P.A. CTM ENGMUPS LAND SLMVEYOn • PLAWTEPS - LANDSCAPE ARL141TEM -ohni MXT ul M SECTION A-A Www.GMDywNojLcom 31�LT I OF ii TYPE "B" BUFFER - TREES 10'HT-.,4'SPR. REFS U L U STEr-\F— D <- 50'ON CENTER TYPE "B" BUFFER MULTIPLE STAGGERED ROWS, HEDGE 5' HT. 10 GAL. CONTAINER 4' ON CENTER, 24" ON STAGGER, ADDED SHRUBS FROM OTHER SITE BUFFER AREAS. P/L t. f 8'TYP. TT4 v 3 II 91 15' BUFFER 5' WIDE TY PE "B" B U F F IF R SECTION B - B Prr---RlMrr_-TER BERM, NO WALL N.T.S. H.4RDOR RA-RK V,4RL4NCE 1-7,s —VAR—COOL Q. GRADY MINOR &� ASSOCIATES, P.A. --J0- Lr, 1 1 � 1'. S % A7, F 1, SEC T014 B—B w1v op'iloyl`41N' C(lm �s43.T OF S1 : 6' WIDTH CONC.WALK (LOCATION VARIES) VARIES P/L 43 TYPE "D" BUFFER TREES 10' HT. 4'SPR. TREES CLUSTERED <- 50' ON CENTER 10, 10' WIDE TYPE "D" BUFFER SECTION C-C WITH PERIMETER BERM N.T.S. MAR-COOD HARBOR PARK PARLANCE GRAVY MINOR & ASSOCIATES, P.A. CMLLNGOMMS - LAND SURVEYORS - PLA14MIS - L4'4D9l-A?tAX0(rf-,ZM SEC 10N C-C SK= :5 OF 11 TYPE "D" BUFFER TREES 10' HT., 4' SPR. �,� P/L TREES CLUSTERED < 50' ON CENTER L i/ v6 v ASPHALT PARKING - 10' BUFFER —#-{ i 0' VVIDE TYPE "D" BUFFER SECTION D -D @ PARKING AREA WITH PERIMETER BERM, NO WALL N I.S. �. G A n ASSCCI T -c P.A. CNR. EVQ NEEDS • L.ND SURVEYOFS • PLAWERS • LANDSCAPE ARCUTTtM nwrr,.s 2 mo.r,aros xoxrxr«r R'N'N'.GFADYNJNO1:Cpia i YPE "D" BUFFER 5' HT. CONTINUOUS DOUBLE STAGGERED HEDGE 10 GAL. 4' O.C. 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W z I Lij 0r oi U) vi MAR—GOOD HARBOR PARK VARIANCE, Sr'_CTION 1-1 SHErf 9 OF II TREES CLUSTERED <- 54' ON CENT EX. ROCK WALL 4,5' TO 2' P/L IAD �1'11,1 11 0 i- p SECTION J-J N.T.S. MAR-COOD HARBOR P-4RK VARIANCE SECTION J-J 2 H. shl= 10 OF 11 Of 4 IZ % EXISTING IINU I r- r- e- EXISTIM P LAY GR FENCE P/L EXISTING PLAYGROUND SECTION K-K 5` BUFFER N.T.S. .12--l"-COOD HARBOR PARK VARIANCE' Q. GRADY MINOR & ASSOCIATES. P.A. CrVIL ENGNMM • T� M SURVEYORS . LAgD=Ur SECTION EXHIBI CONDITIONS OF APPROVAL VA- 2008 -AR -13671 Jime 30, 2009 The dimensional Variances approved are strictly limited to the landscape buffer width requirements and side yard setback requirements as depicted on the applicant's conceptual site plan, entitled "Mar -Good Harbor Park;" and its aesnc;?ted cross_ sections, prepared by Q. Grady Minor & Associates, P.A. and dated August 2008, as further restricted below. 2. The ten -foot buffer width granted is limited to the location labeled as cross - section E- E, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A. to allow a reduction of the 15 -foot wide buffer requirement. 3. The five -foot buffer width granted is limited to the three areas labeled with cross - section G -G, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A, to allow a reduction from the 15 -foot wide buffer requirement. 4. The five -foot buffer width granted is limited to the location labeled with cross- section K -K, as depicted in the conceptual site plan and its associated cross - section included as Exhibit A, to allow a reduction from the 10 -foot wide buffer requirement. 5. A five -foot setback Variance shall be permitted for the northernmost covered shelter and the canoe storage rack, as depicted on the conceptual site plan, to allow a five- foot, side yard setback instead of the required ten -foot side yard setback. :3.11 the plant materials required by the LDC for screening and buffering shall be accommodated in the modified and /or reduced width buffers' respective areas, or may be relocated to other areas of the site, subject to review and approval by the County Landscape Architect, 7. If any of the historic structures across Pettit Drive are removed such that the LDC- rnntiirPri 15_fbnt buffer width coull d be acconar,,o date d, then the lve -lUOt buffer width shall not be permitted. July 28, ping L L►f 7- 1-2009 John c artwri ght all -312 Pettit dr 3oodland FL 34140 Collier County Parks Naples, FI ATT Sandy Pe : 3.79 Pettit Property Line f vvaz recontly mntacAed and a_ked iz I would like a wall or a hedge along the property line of 319 pettlt drive wet Le it borders the new county park. I },ave decide i that I like tale view as it is and do not want any wall or hedge buil at this property line. I you need any further feedback please contact me at my affica t 2'9- 732- s��29, , John C� rig t !emu '2F Sunday, July 12, 2009Mii� i��tus NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tues- day, July 28, 2009, in the Boardroom, 3rd Floor, Ad- ministration Building, Collier County Government Center, 3301 East Tamlaml Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETI- TION NUMBER VA- 2008 -AR- 13671, FOR ELEVEN VARI- ANCES FROM LDC SUBSECTION 4.06.02, CONCERN- ING BUFFER REQUIREMENTS AND ONE VARIANCE FROM LDC SUBSECTION 4.02.03, CONCERNING STAN- DARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES; EACH OF THE TWELVE VARI- ANCES FOR THE PURPOSE OF ALLOWING A COMMU- NITY PARK WITHIN RESIDENTIAL SINGLE FAMILY (RSF -4) AND VILLAGE RESIDENTIAL (VR) ZONING WITH A GOODLAND ZONING OVERLAY (GZO) ON PROPERTY LOCATED IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. Petition: VA- 2008 -AR- 13671, The Collier County Parks and Recreation Department, represented by Heidi Williams, AICP, of Q. Grady Minor & Associ- ates, is requesting eleven variances from LDC sub- section 4.06.02 regarding buffer requirements and one variance from LDC subsection 4.02.03 regarding standards for location of accessary buildings and structures, with all 12 variances being for a com- munity park in the Residential Single - Family (RSF -4) and Village Residential (VR) zoning districts with a Goodland Zoning Overlay (GZO). The 2.62 -acre sub - ) ct property is located in Goodland, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. NOTE: Ail Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be ad- dressed. Individual sneakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or groupp is encouraged. If recognized by the Chair, a spokes- person fora group or organization may be allotted 10 minutes to speak on an Item. Persons wishing to have written or graphic materi- als included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. in an case, written materials intended to be considered y by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hear- ing. All material used in presentations before the Board wil I become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record or the proceedings per- taining 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 based. If you are a person with disability who needs any accommodation in order to participate in this pro- ceeding, you are entitled, at no cost to you, to the prev!s,on of ce—ain SiSta Ce. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listen- ing devices for the hearing i maired are available in the County Commissioners' 0„!ce. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Poiaski, Deputy Clerk (SEAL) Ju!v 11 2009 No1806786