Resolution 2007-247
RESOLUTION NO. 07- 247
A RESOLUTION BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, GRANTING PARKING EXEMPTION
PETITION PE-2006-AR-1055I, IN ORDER TO PERMIT OFF-SITE
PARKING ON A NON-CONTIGUOUS LOT ZONED RESIDENTIAL
MULTI-FAMILY (RMF-6), LOCATED AT 1397 TRAIL TERRACE
DRIVE.
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-2006-AR-1055I 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:
Petition PE-2006-AR-I055 I filed by Q. Grady Minor and Associates, P.A., representing
the DeVoe Family Limited Partnership ("Owner"), is approved to permit off-site parking on non-
contiguous land zoned Residential Multi-Family (RMF-6) at 1397 Trail Terrace Drive, more
particularly described in Exhibit "A."
The off-street parking shall comply with the Site Plan dated September, 2006, prepared
by Q. Grady Minor and Associates P.A., attached hereto as Exhibit "B", and shall be subject to
the conditions attached in Exhibit "c."
Page I 01"2
Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
PASSED AND DULY ADOPTED by the Board of Zoning Appeals of Collier County,
Florida, this I!~ day of ~ ,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
:J,;
By:
o.c.
~
Attest to
It~ OIlh
A
fo m
an
Jeff y A Kia ow
Ass tant Cou t Attorney
Exhibits: A. Legal Description
B. Site Plan, dated September 2006
C. Conditions of Approval
Page 2 of 2
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By ~4.I
J S COLETTA, Chairman
LEGAL DESCRIPTION
THE EAST HALF OF LOT 19 AND ALL OF LOT 20, ALL IN BLOCK E OF TRAIL TERRACE
AS RECORDED IN PLAT BOOK 2 AT PAGE 94 IN THE PUBLIC RECORDS. OF COLLIER
COUNTY FLORIDA.
EXHIBIT A
PE-2006-AR-10551
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CONDITIONS OF APPROVAL
DEVOE SUZUKI DEALERSHIP
I, The Parking Exemption is limited to what is shown on the conceptual site plan,
identified as "DeVoe Parking Exemption," prepared by Q, Grady Minor and
Associates, P,A. and dated September 2006, The site plan noted is conceptual in
nature for parking exemption application approval only, The final site design and
development order plans shall be compliance with all applicable federal, state, and
county laws and regulations; and
2, The Parking Exemption is limited to a maximum of 14 parking spaces that shall be
restricted to employees ofthe Suzuki auto dealership only; and
3, Prior to the use of the site as a parking lot, the owner shall install a sign indicating
that the parking lot use is limited to employees of the Suzuki dealership only, This
sign must be shown on all development plans and is subject to further review by
county staff; and
4, Prior to the use of the site as a parking lot, the owner shall install a gate across the
entire entrance, This gate shall be locked at the end of every business day after the
last employee has departed, This gate must be shown on all development plans and is
subject to further review by county staff; and
5, The petitioner shall revise the site plan as part of any development order submittal
showing new, code-compliant sidewalks, Upgrades to existing sidewalks are not
acceptable,
6, The petitioner shall revise the site plan as part of any development order submittal to
show a six-foot high barrier wall along the southern boundary ofthe property,
EXHIBIT C
PE-2006-AR-10551