Resolution 1995-158
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RESOLUTION NO. 95-158
RELATING TO PETITION NUMBER V-94-18, FOR
A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations
as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes regulations
for the zoning of particular geographic divisions of the County, among
which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted Board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and has
considered the advisability of a variance permitting the reduction of
41 parking spaces from the required 71 parking spaces to 30 parking
spaces as shown on the attached plot plan, Exhibit "All, in a PUD 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 Section 2.7.5 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 THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition V-94-18, filed by Richard H. McCormick of Wilkison &
Associates, Inc., representing United Church Homes, Inc., with respect
to the property hereinafter described as:
Tract D, Collier Village (Part B), as recorded in Plat Book
17, Pages 60-62, of the Public Records of Collier County,
Florida.
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be and the same hereby is approved for a variance permitting the
reduction of 41 parking spaces from the required 71 parking spaces to
30 parking spaces as shown on the attached plot plan, Exhibit "A", of
the PUD zoning district wherein said property is located, subject to
the following conditions:
Exhibit "B"
BE IT RESOLVED that this Resolution relating to Petition Number
V-94-18 be recorded in the minutes of this Board.
Commissioner
Mac'Kie
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Hancock
and upon roll call the vote was:
AYES: Commissioner Mac'kie, Commissioner Hancock, Commissioner Norcis~
Commissioner Constantine and Commissioner Matthews
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
28th day of
Febcuat'y
, 1995.
ATTEST:
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DWI~HT E. BROCK.~CLERK
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MARJO~IE M"STUDENT
ASSISTANT COUNTY ATTORNEY
SUFFICIENCY:
V-94-18 VARIANCE RESOLUTION/13259
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AGREEMENT
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I, Richard H. Mccormick, as owner or authorized agent for
petition V-95-18, agree to the following stipulations requested by
the Collier County Planning Commission in their public hearing on
February 2, 1995.
Plannina Services:
a. When requested by the County, the developer shall build all
or part of the reserved parking spaces as deemed necessary by
the Development Services Administrator.
b. The reserved parking area shall never be encroached upon,
used, sold, leased or conveyed for any purpose except in
conjunction with the building which the reserved parking area
serves.
_:"'{~/~,/ .,e/j.,! 4<, u<"J...
PETITIONER OR AGENT
State of Florida
County of Collier
The foregoing Agreement
'1 !:!' day of Fe .PA:''''''''''~
is personally known to e
as iaentif~~d~on and who
Sheet was acknowledged before me this
,1995 by ,-"At'r,/ (/lr{'<,--:"",,/... , who
or wl,u I,d" prod=ed ' -
QJ4 ~did not) take an oath,
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(S gnature of Notary Public)
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NOTARY PUBLIC,
Commission # (' If :)..1,f'oJ 7 y
My Commission Expires: ~/'yv/qC.
<Je61'a ~nY 'dX3 NOISSll~1'l(x)AI'l
Zl6S1= 'ON ~lSSll'll'im
OlXO'H.iO !J.',lS ;)J1S,od AlIV.LON
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EXHIBIT "B"
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REP~AT~~~
state of Florida
County of Collier
~Th~ foregoing.~greement Sheet was acknowledged before me this
~ day of ~1l1AM ,1995 by , who
1S personally known to mel-or wl.u I.d.. pruduG.ca
..as- iaentJ.rl.f..:ClLiolJ ClJld wno aId -(diA not) t-~kp An 03+-h_
~~~ )~. ~~
(Slgnature of Notary Publ1C)
~e Li 1,00 )(. M a.r-t-i h
NOTARY PUBLIC /
Commission # C2..C- 0'8'9 (o_~q
My Commission Expires:
AGREEMENT SHEET/md
r.OTA~Y PUrn.lC STATE OF rt1lR~"~
Iff vr'?H::~:G~ D':P. /lPt;.27. lJ'f;
i;,;:~r:t~) T;;,~l.! -;:';':?\:. q'.. ".
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RESERVATION OF OFF-STREET PARKING AGREEMENT
THIS AGREEMENT made this 28 day of February, 1995, by and
between Collier County, a political subdivision of the State of
Florida (hereinafter referred to as County), and United Church
Residences of Immokalee, Florida, Inc" a not-for-profit
corporation, and the owner of the development subject to this
Agreement (hereinafter referred to as united Church).
WIT N E SSE T H:
WHEREAS, United Church is the fee simple owner of the United
Church Residences of Imrnokalee, Florida, Inc. development located
at Hope Circle, Immokalee, Collier County, Florida 33934; and
WHEREAS, United Church has applied for Site Development Plan
approval with the Collier County Planning Services Department as
required by Division 3,3, Collier County Land Development Code;
and
WHEREAS, the Planning Services Director has determined that
30 parking spaces are necessary based on a buildout of 40 units at
a rate of 0.75 spaces per unit as required by Division 2,3,
Collier County Land Development Code; and
WHEREAS, the Planning Services Director has determined that
the 71 space requirement is excessive pursuant to Division 2,3,12,
of the Collier County Land Development Code; and
WHEREAS, the Planning services Director has determined that
the appropriate number of spaces for the 40 units is 30 spaces or
0.75 per unit; and
WHEREAS, County has the authority to enter into Reserved
Parking Agreements pursuant to Division 2,3 ,12. of the Collier
County Land Development Code; and
WHEREAS, United Church, as fee simple owner, has the
authority to enter into this Agreement and to bind itself, its
heirs, successors and assigns to the terms and conditions of this
Agreement set forth below;
NOW, THEREFORE, in consideration of the findings set forth
above which are incorporated herein, the mutual promises set forth
-.
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hereinafter and other good and valuable consideration, County and
United Church hereby covenant and agree as follows:
1. United Church agrees to construct 30 parking spaces
pursuant to the requirements of the Collier County Land
Development Code and approved site Development Plan attached
hereto as Exhibit A,
2. United Church agrees to reserve 41 parking spaces until
such time as it is determined by the Collier County Planning
Services Director that said spaces are no longer excessive and are
necessary to serve the United Church development.
3. United Church agrees to maintain the reserved parking
area as a landscaped open space area in lieu of paving until such
time as the parking area is needed.
4. United Church further agrees that it will permit no
encroachments in the reserved parking area. Addi tionally,
United Church agrees that it will not use, lease, sell or
otherwise convey the reserved parking area except in conjunction
with the building or use served by said area.
S. Uni ted Church agrees to record this Agreement in the
Official Records of Collier County and to bear the expense
thereof.
6. This Agreement shall remain in full force and effect
unless and until terminated by County.
7. County shall terminate the Agreement only of the reserved
parking area is converted to usable parking area or the reserved
parking area is no longer required as may be determined by the
Collier County Planning Services Director. Said release or
termination shall be recorded in the official records of Collier
County, Florida.
8. This Agreement shall be binding upon United Church, its
heirs, successors or assigns.
9. Should the reserved parking area be converted to paved
parking, United Church agrees to submit engineered construction
plans for the additional parking area to the Planning services
Department for review and approval prior to the commencement of
construction.
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10. This Agreement supersedes and modifies any prior reserved
parking agreements which may have been executed by County and
united Church of the subject property.
IN WITNESS WHEREOF the parties hereto have set their hands
and seals the day and year fist above written.
ATTEST:
Dli'IGH'l". '''" BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By:
BETTYE
UNITED CHURCH RESIDENCES OF
IMMOKALEE, .FLOR7DA' C.
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PRESIDENT
Ap ro ed as to form and
leg a sufficiency:
'7J\~, :'f." u dh &uh ,J
MarJov. e M. Student
Assistant County Attorney
UNITED CHURCH PARKING AGREEMENT/md/13556