Resolution 2010-022
RESOLUTION 10-=. P
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER
VA-PL2009-1460, FOR A VARIANCE TO ALLOW A 15.4 FOOT
SETBACK FOR A MAINTENANCE BUILDING FROM AN ABUTTING
RESIDENTIAL DISTRICT AND A SECOND VARIANCE FROM THE
10-FOOT WIDE BUFFER WIDTH REQUIREMENT OF LDC SECTION
4.06.02 C.l ON PROPERTY LOCATED AT THE VINEYARDS PUD AS
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. 2004-41, 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 a variance from the minimum 50
foot setback requirement from abutting residential districts of Ordinance No. 91-75, as amended (the
Vineyards PUD), to allow a 15.4 foot setback for a maintenance building from an abutting residential district
and a variance from the required IO-foot wide buffer requirement of Land Development Code Section
4.06.02 C.1 to allow all of the required plant material to be located in separate 10-foot wide buffer areas
adjacent to the abutting residential district within the Vineyards Planned Unit Development (PUD), as shown
on the attached Exhibit "A", in the Vineyards PUD Zoning District 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 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, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
Vineyards / VA-PL2009-1460
Rev. 1/26/10
lof2
Petition Number V A-PL2009-1460 filed by Michel Saadeh on behalf of Vineyards Development
Corp. with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved
for a variance from the minimum 50 foot setback requirement from abutting residential districts of Ordinance
No. 91-75, as amended (the Vineyards PUD), to allow a l5.4 foot setback for a maintenance building from
an abutting residential district and a variance from the LDC Section 4.06.02 c.] 10-foot wide buffer
requirement to allow all of the required plant material to be located in separate ] O-foot wide buffer areas
adjacent to the residential district, as shown on the attached Exhibit "A", in the zoning district wherein said
property is located, and subject to the conditions found in Exhibit "C". Exhibits "A", "B" and "c" are
attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this %
day of
0fulWiV,\
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ATTEST: ,
DWIGHT E. BROCK, CLERK
"
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By::.:
Atte$t .. toClllf
4tgAabnOft;" ,.\'"
. '",!. . "'1,'"0".,1
Approved as.ti:i 'fo'rm and
legal sufficiency:
By:
w. C.
FRED W. COYLE, Chai
Ji-- 7. W H
Steven T. Williams
Assistant County Attorney
Attachments: Exhibit "A" - Site Plan
Exhibit "B" - Legal Description
Exhibit "c" - Conditions of Approval
09-CPS-00986/30
Vineyards 1 VA-PL2009-1460
Rev. 1126110
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VINEYARDS STORAGE F'AClUlY
PROPOSED SfTE PlAN
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COASTAL
ENGINEERING
CONSULTANTS
INC
g,~_CIGrOl!i:'l Services:
CivilEflgl(~erlng
F\(Innin~1 S('.rvk,G'$
Su! VC'-Y -&Mopplor,!.
(~oc:Y(OI :Et).G,klo~il:in~)
R~l'll E'iH1tel S.{:Hvld~:;
ACECI GROUP COMPANY
Wethit(~: www.coQ$tah~i),g!nesrlng,(:cOin
VINEYARDS STORAGE FACILITY
LEGAL DESCRIPTION
THAT PART OF TRACT "U" THE VINEYARDS UNIT ONE, AS RECORDED IN PLAT BOOK 14,
PAGES 67 THROUGH 74 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
BEJNG DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST GORNER OF SAID TRACT "lJ", RUN N 040 10' 12"
ALONG THE WESTERLY LINE OF' SAID TRACT "U" AND THE EASTERLY RIGHT-OF-WAY
LINE OF VINEYARDS BOULEAVARD FOR 612.50 FEET TO THE NORTHERLY LINE OF
THOSE LANoSKNOWN AS GL,UBS!DE RESERVE AT THE VINeYARDS, A CONDOMINIUM
RECQRDED IN O.R. BOOK 2160, pAGE 1380 OF SAID PUBLIC RECORDS;
THENCE ALONG SAID LINE S 89010'121' E 4p9.87 FEET TO A POINT oN A CIRClJLAR ClJRVE
AND A POINT OF NON.TANGENCY AND THE POINT OFBEGINNINGi
THENce 175.18 FEET ALONG THE ARC OF A CURVE CONCAVE TO \HE NORTHWEST,
HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 66054'54", A CHORD OF 165.40
FEET BEARING N3401T15"E TO A POINT OF TANGENCY;
THENCE N 60049'48" E FOR 70,00 FEET TO. THE NORTHERLY LINE OF SAID TRACT "U";
THENCE ALONG SAID LINE S 84010'12" E 100.00 FEET;
THENCE S 8601 0'22" E 43,q8 FEET;
THENCE 854012;21" E 43.58 FEET;
THENCE S21"10'12" E90.00 FEET;
THENCE S 34010'12" E 13MO FEET;
THENCE S 00"49'48" W 79.22 FEET TO SAID NORTHERLY LINE OF CLUBSIDE RESERVE AT
THE VINEYARDS;
THENCE ALONG SAID LINE N 49058'18" W 127.53 FEET;
THENCE N 69034'15" W 61.49 FEET;
THENOE N 89010'12" W 224.43 FEET TO THE THE POINT OF BEGINNING.
THEABQVE DESCRIElED APPROXIMATELY 52,589 SQUARE FEET OR 1.27 ACRES OF
LAND.
COAS~TLEN..~~1~~9~LTANTS'INC.
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R1CHARDJ.lEWING?"'P:S.i\A.:?
PRQFESSIONAL SURVEYOR AND MAPPER
FLORIOACERTIF!OAn: NO,5~95
NOT VAllO WITHOUT THE SIGNATURE AND
THE ORIGiNAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEO FILENO. 09;086
DATE OF SIGNATURE: /0' 61. ""'7
Exhibit B
3106 $, H()lsl~~;hoe Drive, ~'J(;ipWf" Horid,J 3410.hS! 31' . PtlO!V~ (2:.JNi 64]..2.324 ;:(1:', (2;39]643- j 143 ~ c.Mol!" inf.u@ceciH,corn
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CONDITIONS OF APPROVAL
V A-PL2009-1460
January 26, 2010
1. The Variances approved are limited to the 15.4- foot setback requirement for the
maintenance building from the southern property boundary; and the relocated
southern perimeter landscape buffer depicted on the applicant's conceptual site plan
(Exhibit A), entitled, "Vineyards Storage Facility Proposed Site Plan," prepared by
Coastal Engineering Consultants, Inc.; and as further restricted below.
2. The 10-foot buffer width Variance granted is limited to the southern property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow the
minimum 10-foot wide buffer to be set back away from the property boundary as
feasible rather than along it, as typically required.
3. The building's zoned height shall be limited to 15 feet.
4. All the plant materials required by the LDC for a Type A buffer, calculated to be 14
trees, shall be accommodated in the modified buffers, in locations to be approved by
the County Landscape Architect.
5. Within 20 days of the Board of Collier County Commissioners hearing date, the
Clubside Reserve resident(s) may ask to have the subject maintenance building
moved within 5 feet of the existing wall located along the north property line of
Clubside Reserve and the petitioner shall accommodate such request.
6. If requested by the resident(s) of Clubside Reserve, the petitioner shall fill in the gaps
of the existing landscape buffer along Clubside Reserve's north property line prior to
receiving Certificate of Occupancy for the subject maintenance building.
7. The roof ofthe subject maintenance facility shall be the color green.
EXHIBIT C