Resolution 1996-371
RESOLUTION 96- 371
RELATING TO PETITION NUMBER OSP-96-2 FOR
~FF-SITE PARKING ON PROPERTY HEREINAFTER
D~SCRIBED 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 f9r the protection of the public, and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes regulations
for the zoning of particular geographic divisions of the County, among
which is the allowance of off-site parking, and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted board for Collier County which includes the area hereby
affected, has held a public hearing after notice and has considered the
advisability of off-site parking as shown on the attached plot plan,
Exhibit "A", in an RMF-6 zone for the property hereinafter described,
and has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required
by said regulations and in accordance with SUbsection 2.3.5.3, Section
2.7.5 and Division 3.3 of the Collier County 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 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 the petition filed by Terrace Kepple of Bruce Green &
Associates, representing Gulf Gate Subway and Gulf Gate Lounge with
respect to the property hereinafter described as:
Lot 39, Naples Grove and Truck company's Little Farms No.2,
as recorded in Plat Book I, Page 27A, of the Public Records
of Collier County, Florida.
AUG 1 3 1996
be and the same :.ereby is approved for off-site parking as shown on the
attached plot plan, Exhibit "A", of the RMF-6 zoning district wherein
said property is located, subject to the fOllowing conditions:
a. Prior to final site development Plan (FSDP) approval, an
off-site parking agreement shall be approved by the Board of
County Commissioners, and the applicant shall bear the cost
of recording the restrictive covenant and off-site parking
agreement in the public records, and shall provide the
Planning Services Department with a copy of the recorded
document when submitting the final SDP approval.
b. Lighting shall be designed to shield streets and all adjacent
properties from direct glare, excessive light, and hazardous
interference with automotive and pedestrian traffic.
c. Overnight parking of motorized vehicles or trailers and
overnight storage of any items or materials on Lot 39 is
prohibited. A sign shall be posted at the driveway entrance
to specify these conditions.
d. The petitioner shall submit a final site development plan in
accordance with Division 3.3 of the LDC.
e. The proposed parking lot shall be surfaced with asphalt or
concrete and striped accordingly.
f. A 15 foot landscape buffer strip shall be provided along the
western property line where it directly abutting the
residentially zoned property. This is to include a fence or
berm as required in Section 2.3.4.11.4(g) in the Land
Development Code.
g. No access shall be provided from the off-site parking lot
(/39) to any adjacent residential street. The access shall
be from the existing C-4 commercial lot 138.
h. The petitioner shall provide an architectural finish surface
on the existing 2 story building such as stucco or brick.
This shall include an architectural roof treatment at least
70 percent of the north and east roof areas.
i. The petitioner shall provide landscaping consistent with the
LDC around the building where possible. In areas where this
requirement can not be provided a planter box shall be
provided.
j. The petitioner shall provide on average a 15 foot wide
landscape buffer along U.S. 41 except for the two driveways.
BE IT RESOLVED that this Resolution relating to Petition Number
OSP-96-2 be recorded in the minutes of this Board.
Commissioner
Constantine
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Hancock
and upon roll call the vote was:
AUG I 3 1996
NAYS:
AYES: Commissioner Constantine, Commissioner Hancock, Commissioner Mac'Kie,
Commissioner Matthews, and Commissioner Norris
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
13
, 1996.
August
day of
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A'rrEST:. .........', ..... BOARD OF ZONING APPEALS
DwrCHTE.. BROcR:,.':ct,ERK COLLIER COUNTY FLORIDA
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APPRO~ AS "TO..Fdiuf AND LEGAL SUFFICIENCY:
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Mar 0 e M. Student
ASSISTANT COUNTY ATTORNEY
OSP-96-2 RESOLUTION/17418
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AUG 1 3 1996
RESTRICTIVE COVENANT
AND OFF-SITE PARKING AGREEMENT
THIS AGREEMENT is made and entered into this 13th day of
August, 1996, by and between Lloyd G. Sheehan, Trustee and Robert
A Bliven (the "h,titioner"), and the Collier County Board of
County Commissioners (the "Board").
R B C I TAL 8
WHEREAS, Petitioner is the owner of 2564 Tamiami Trail E.,
Naples, Florida (hereinafter the "Subject property"), more
particularly described as Lot 38, Naples Grove and Truck Company's
Little Farms No.2, recorded in Plat Book 1, Page 27 of the Public
Records of Collir County, Florida; and
WHEREAS, the Petitioner wishes to operate off-site parking
facilities on land more particularly described as: Lot 39, Naples
Grove and Truck Company's Little Farms NO.2, recorded in Plat
Book 1, Page 27 of the Public Records of Collier County comprised
of RMF-6 zoning; and
WHEREAS, the proposed off-site parking does not adversely
impact the character and quality of the neighborhood nor hinder
the proper future development of surrounding properties; and
WHEREAS, the proposed off-site parking is in conformance with
all of the criteria set forth in Section 2.3.4.11.6 of the Land
Development Code; and
WHEREAS, the proposed off-site parking will provide one
hundred seventy eight (178) new parking spaces which will serve to
provide the necessary parking for the SUbject Property; and
WHEREAS, the Board has passed Resolution No. 96- 57/
attached hereto as Exhibit "A", relating to Petition OSP-96-2,
approving the proposed off-site parking.
NOW, THEREFORE, in consideration thereof, the Petitioner
agrees:
1. The above recitals are true and correct and incorporated
herein by reference.
2. That the proposed off-site parking areas shall never be
encroached upon, used, sold, leased, or conveyed for any purpose
except for use in conjunction with the Subject Property and used
&001 000 W! 156
AUG 1 3 1996
so long as the off-site parking facilities are required and that
this Agreement constitutes a restrictive covenant.
3. To b~ar the expense of recording this Agreement in the
Official Recoc~~ of Collier County which shall bind the property
owner and his heirs, successors and assigns.
4. To abide by all of the conditions and stipulations
described in the Agreement Sheet noted as Exhibit "B" and by the
Site Plan noted as Exhibit "C" attached hereto and incorporated by
reference herein.
5. That all of the requirements for a Board of Zoning
Appeals determination for off-site parking referenced in Petition
OSP-96-2 have been met and approved by staff.
6. This Agreement supersedes and modifies any prior Parking
Agreement which may have been executed between the Board and the
then or current owner of the Subject Property.
7. This Agreement shall remain in full force and effect
unless and until terminated by the Board.
8. This Agreement shall be voided by the Board if other off
street parking facilities are provided in accordance with the
requirements of Division 2.3, Collier County Land Development
Code.
9. That upon failure to conform to any of the provisions of
this Agreement or the attached Agreement Sheet, this Restrictive
Covenant and Off-Site Parking Agreement shall become void and of
no effect and the Petitioner shall be required to conform to all
zoning regulations as contained in the Collier County Land
Development Code.
IN WITNESS WHEREOF the parties hereto have set their hands
And ~~alB,.the day and year first abc',,'=!: written.
<Attest:
DWIGHT E. BRO~.Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY'~
' ?-"O'OHN C. NORRIS, Cha rman
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Witnesses:
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Approved as to form and
legal sufficiency:
~ i :-/}'I. ~~;-'(~
Mar fe M. S udent
AssistAnt County Attorney
STATE OF FLORIDA
COUNTY OF COLLIER
ss.
AUG I 3 1996
PETIT~~ ~
By: ~.~
o . G. Shee an, Trustee
4Pl~
Robert A. B1 ven
* * * . *
The foregoing R",J.;e+l"2 CoII~rc..;\-~,,*,;A. P.,.'a"Restrictive
CovenAnt and Off-Site Parking Agreement was Ac~nowledged before me
by Petitioners, R I 111"'-'" and Sl-l-e~ k..,
before me this ~ day of
0. o:O~t,l{ chY\.o.A*l~
Notary 1 c
Q~~L U. M.OJ-til1
Pr nted,~~r Stamped Name
C.C.4-S1C,,{L
Commission Number
(\ SWORN TO AND SUBSCRIBED
1J..~ ~Ad- , 1996.
OSP-96-2 AGREEMENT/md/14962
acn.'iAXMAKnN
NC1ARY I'lIDLIC STATE OF FlORIDA
, COMMlSSlON NO. CC4516t2
MY COMMISSION EXP. APR.. rt 1999
&OOK 000 FA'd58