Resolution 1995-330
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RESOLUTION 95-330
RELATING TO PETITION NUMBER SPA-95-1 FOR
SHARED PARKING 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 91-102) which establishes regulations for
the zoning of particular geographic divisions of the County, among
which is the allowance of shared parking; 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 shared parking as shown on the attached
plot plan, Exhibit "A", in an "I" 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
2.3.5.6, Section 2.7.5, and Division 3.3, of the 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 filed by J. D. Allen,
representing Joe Dimassimo for Teo's Restaurant, with respect to the
property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a shared parking as shown on the
attached plot plan, Exhibit "A", of the "I" zoning district wherein
said property is located, subject to the following conditions:
a. The applicant shall have the Restrictive Covenants and Shared
Parking Agreement (attached hereto and labeled as Exhibit "C")
recorded by the Collier County Clerk of the Circuit Courts and
shall bear the cost of said recordation. This shall be done
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within fifteen (15) days of receipt of the restrictive covenants
and Shared Parking Agreement approved by this Board of Zoning
Appeals and signed by the Chairman of said body.
b. The applicant shall construct and maintain a pedestrian walkway
between the off-site shared parking located on Carini's Auto Sales
(Lot 21) and Teo's Restaurant (Lots 22 and 23). The walkway shall
~e maintained in a safe and well-lit manner, so long as the Shared
Parking Agreement remains in effect.
c. The twenty-two (22) parking spaces at Carini's Auto Sales
reflected on the site plan's parking data shall be paved and
striped.
d. The petitioner shall provide an egress to Corporate Blvd. from the
existing parking lot west of Teo's Restaurant (Lot 22) in order to
provide access to the proposed shared parking on Lot 21 of
Carini's Auto Sales.
e. The petitioner shall provide directional signs at the entrance to
the parking lot(s) for Teo's Restaurant reflecting the additional
parking on the adjacent shared parking immediately to the west.
The signs shall comply with Division 2.5 of the Land Development
Code.
f. The applicant shall submit a site Development or Site Improvement
Plan, whichever is determined to be applicable, depicting all site
improvements required pursuant to Division 3.3 of the Collier
County Land Development Code.
g. A minimum of 25 of the shared parking spaces should remain
accessible for parking for Teo's patrons and shall not be used for
automobile display or storage.
h. All applicable impact fees shall be paid prior to zoning approval
of beverage license and increased seating.
BE IT RESOLVED that this Resolution relating to Petition Number
SPA-95-1 be recorded in the minutes of this Board.
Commissioner MA~~;~
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
hancock and upon roll call the vote was:
AYES: Commissioner Nocris, Commissioner Hancock, Commissioner Mac'Kie
NAYS:
ABSENT AND NOT VOTING: Commissioner Constantine
I
. ABSTENTION:,'" Commissioner Matthews
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,....:' 'Done' this
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~DWIGHT E. BROCK,'CLERK
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, 1995.
ONING ~.L(1
TY, l"DoRl, "'t
TTHEWS, CHAIRMAN
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APPROVED,AS"TO FORM AND LEGAL SUFFICIENCY:
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'Jrt1ic' )iJJ'~
ar 0 e M. Student
ASSIS ANT COUNTY ATTORNEY
SPA-95-1 RESOLUTION/lgk/14095
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EXHIBIT B
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LOT 21, J & C INDUSTRIAL PARK (AN UNRECORDED P~T) IN
THE NORTH ONE/HALF OF SECTION 11, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE WEST ONE/QUARTER CORNER OF SECTION
11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; THENCE ALONG THE WEST LINE OF SAID SECTION
11, NORTH 0 DEGREES 10' 36" WEST. 1829.95 FEET TO THE,
CENTERLINE OF A ROAD; THENCE ALONG SAID CENTERLINE,
NORTH 89 DEGREES 28' 18" EAST, 4672.60 FEET FOR A
PLACE OF BEGINNING: THENCE CONTINUING ALONG THE LAST
DESCRIBED COURSE 100.00 FEET; THENCE SOUTH 0 DEGREES
31' 42" EAST, 185.00 FEET; THENCE SOUTH 89 DEGREES 28'
18" WEST, 100.00 FEET; THENCE NORTH 0 DEGREES 31' 42"
WEST, 185.00 FEET TO THE PLACE OF BEGINNING BEING PART
OF THE NORTH ONE/HALF OF SECTION 11, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; SUBJECT
TO A DRAINAGE EASEMENT OVER THE SOUTHERLY 15.00 FEET
WITH NORTHERLY 35.00 FEET THEREOF RESERVED AS ROAD
RIGHT-OF-WAY FOR PUBLIC INGRESS AND EGRESS.
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EXHIBIT "B"
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13A 2
RESTRICTIVE COVENANT
AND SHARED PARKING AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of
May
, 1995, by and between Joe Oimassimo
(the "Petitioner"), and the Collier County Board of County
Commissioners (the "Board"),
---------
R Eel TAL S
WHEREAS, Petitioner is the (~~ (owner of)
Tea's Restaurant
(hereinafter the
"Subject Property"), more particularly described as follows:
Lot 22 & 23 J&C Industrial Park
Section 11 Township 49 S, Range 26 E,
and
WHEREAS, the Petitioner requires additional parking spaces
because of a planned expansion of of seating within the
petitioners facility which will require additional seating under
the Collier County Land Development Code; and
WHEREAS, the Collier County Land Development Code ("LDC"), in
Section 2,3.5, defines two types of shared parking, joint and/or
leased; and
WHEREAS, the petitioner is requesting leased parking where
credited parking space on the lot which is served by said parking
exceeds that which is required by Section 2,3.14 of the Land
Development Code; and
WHEREAS, it is not practical to provide all of the required
parking in accordance with Section 2,3,14 of the Collier County
Land Development Code on the subject property due to the physical
constraints of the subject property; and
WHEREAS, the Petitioner wishes to operate shared parking
facilities on land more particularly described as:
Lot 21 J&C Industrial Park
Section 11 Township 49 S. Range 26 E,
and
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WHEREAS, the proposed off-site parking will provide ~
spaces; which will meet the required parking for the subject
property; and
WHEREAS, the Board has passed Resolution No, 95- ?30
relating to petition SPA 95-1 approving the proposed off-site
shared parking subject to the conditions set forth below and any
further conditions found on the Agreement Sheet attached hereto
and labeled Exhibit "B",
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 shared parking areas shall never be
encroached upon, used, sold, leased, or conveyed for any purpose
except for use in conjunction with the Subject Property for the
term of this Agreement.
3 ,
That this agreement constitutes a restrictive covenant.
4.
To bear the expense of recording this Agreement with the
Clerk of the Circuit Court 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" attached
hereto and incorporated by reference herein,
5. That all of the requirements for a Board of Zoning
Appeals determination for off-site shared parking have been met.
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 Div. 2,3, LDC.
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9. That upon failure to conform to any of the provisions of
this Agreement or the attached Agreement Sheet, this Restrictive
Covenant and Shared 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.
'i;:~ " IN ~ITNES~ WHEREOF the parties hereto have set their hands
,~,an'd,,"l!aH"'~e.'day and year first above written,
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/ ~tl~IGHT;, E.~..BR6c~, Clerk
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Approved as to form and
legal sufficiency:
~ 'In fJt:r..t.h"k
Mar 0 1e Student
Assistant County Attorney
STATE OF FLORIDA
ss.
COUNTY OF COLLIER
The foregoing
Covenant and P rkin
Petitioner,
~SWT
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My Commission Expires:
'roTARY PUBlIC STATE Of flOlUD.
MY COMMISSION EXP, APR.27.1191
IlONOEO TlJRU GENERAL IllS, UNO.
BOARD OF COUNTY
COLLIER COUNTY,
PETITIONER
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Restrictive
acknowledged before me by
before me this 2./
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