Ordinance 91-033 ORDINANCE NO. 91- 33
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER ~0~,~7
ADDING SUBSECTION 8.12f., OFF-StrEET VEHIC%rLAR
FACILITIES - PARKING AND LOADING, IN ORDER TO ADD
PROVISIONS FOR SHARED PARKING; , BY PROVIDING FOR
CONFLICT AND SEVERABILITY; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on January 5, 1982, the Board of County Commissioners
approved Ordinance Number 82-2, which established the comprehensive
Zoning Regulations for the unincorporated area of Collier County;
and'
' WHEREAS, Thomas Wood of Vega, Brown, 'Stanley & Martin, P. A.,
representing Sign of the Vine Restaurant, petitioned the Board of
County Commissioners of Collier County, Florida, to amend Ordinance
Number 82-2 by amending Section 8, Supplementary District
Regulations, by adding Subsection 8.12f, Off-Street Vehicular
Facilities - Parking and Loading, in order to add provisions for
shared parking;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE: Amendments to Subsection 8.12 - Off-Street Vehicular
Facilities - Parking and Loading, of Ordinance No.
82-2, the Collier County Zoning Ordinance, as amended.
Section 8, supplementary District Regulations, Subsection
8.12, Off-Street Vehicular Facilities - Parking and Loading, of
Ordinance 82-2, the Zoning Ordinance of Collier County, Florida is
hereby amended by adding a new subsection to read as follows:
f. Ofl'-Street_Parkin~: Shared Parkin~
For the DurDoses of this subsection shared DarkiD~ shall
be defined as: off-site Darkin~ on DroDertv that
normally is not under the same ownership as the structure
or us_e '__~he Darkin~ is designed to serve and consists
j~%_parkin~, where parkin~ serves and is credited for
]u~/k~__~$os on two or more properties, and/or leased
Daykin~.. where credited Darkin~ is provided on off-site
leased land and onv leased Darkin~ space is excess to the
Parkin~ requirements of the lot on which it is located
%\
:,~ ek-~h~o~oh deleted; words ~ are added.
.2~ An application for shared parking approval maY b~
submitted, and shall be processed in conjunction with a
Site Development Plan, pursuant to Section 10.5 of this
Zoning ordinance, The determination of the reauest shall
be made bV the Doard of Zoning Appeals, after review and
recommendation bv the Planning Commission. The
procedural re~uirements set forth in Section 11.1b. of
the Zoning Ordinance shall be followed in the review and
determination of shared parking petitions.
Proposed shared parking facilities shall meet all of the
~ollowing provisions:
(_ak All parking spaces that are to be shared shall be
pave~;
/~ NO shared Darkin~ space shall be located further
tha~ thre~ hundred (300) feet from the buildings or
uses they serve unless special circumstances exist
includinG, but not limited to:
(1] Wher~ %he proposed off-site parking will serve
Temporary Parking for Sports Events, ReliGious
Events, or Community Events as described in
Section 8.23;
(2) Where the proposed off-site parking will serve
....... ~ses within the'Immokalee Central Business
p~s~rict as described in Section 8.23A.;
(31 Where the proposed off-site parking spaces will
only ~e for valet parkinG:
(4) Where the proposed off-site Parking will serve
water-dependent and;or water-related uses: and
(5) Where the Proposed off-site parking will only
be for employees ¢limited to a maximum of
fifteen (15) percent of the project's total
parking reGuirement),
The shared parking spaces shall not be separated
from the bu~dSnqs or uses they are designed to
serve by a roadway designated as a c011eGt0r Or
arterial in the Transportation Element of the Growth
Manaqement ?~an.
Credit ~or ~o~t payk~g Spaces shall be limited to the
~ollowinq aDounts:
(a) Where the reGuest involves a church and a~other
property WhOse predominant parking demand is between
7:00 A.M, add 6:00 P.M., Monday through Friday. or
two (~) other properties, where the business hours
of one (%) property do not overlap the business
hours o~ ~he other property, the credit for Joint
parking spaces shall not exceed fifty f50) percent
of the minimum reGuired spaces for the property
requ~ri~ the least amount of spaces. The credit
may be applied all to one propertv or split between
the tWO properties: or
In all other oases, the credit for Joint parking
spaces shall not exceed twenty-five f25) percent of
the minimum reGuired spaces for the property
LequirinG the least amount of spaces. The credit
~ay be applied all to one property or split between
the two properties.
Words-s~-th~a~h are deleted; words under]~[ned are added.
Credit for leased off-site parking spaces shall be
limi~¢~ in all cases to thirty-five ¢35~ percent of the
la~ qsg's parkin~ reauirement thg~ the parking spaces
are proposed to serve.
T~e p~tit~ion for shared parkin~ approval shall include~
{al. ~\ site Development Plan with all necessar~
~ttachment$, pursuant to Section ~0.5 of this Zoning
!)rdinance'
(b)_ [~be Si~e Development Plan shall also depict: the
proposed shared parkin~ facility and its vehicular
i~cces~ drives and parking spaces: pedestrian
}~alkw~ys between the shared parking facility and all
)~_~ui~din~s or uses they are desianed to connect:
]ki~htin~ an~ landscaDin~ of the shared parking
.~acility; ~Dd th~'alternate parking ~lan or land
reservation plan described in Subsg~tion ~,12~,6)
~his Zoning ordinance unless a minimum te~ ¢10) year
~Lea$~ ~rkin~ agreement is proposed:
(c] !~otariz~g d'9~%me~a~on~d~n~t~a{in~' that 'the
petitioner has permission for all involved property
!>wners tg obtain the necessary approvals and
,~e$cribing all buildings or uses that will be
receivin~ credit for the. shared parkin~ inc~udin~
norma~ operatin~ h~urs for such'bUildings or uses:
.and
d/~ A pr~P0sed ~hared ~ar~inH'a~reement between all
involved Property eWeS. with notarized signatures.
~escribinG the rights and limitations of ali
property owners and businesses. Such aqreemen~
shal% bi~d ~he heirs, successors and assiqns o~ each
s__UGh owner. _
7~ T_J!e Board 0: z6~ih~-K~'pe~ls '~hall ~se ~heir
~_~eg~nation of the requests for share~..p~rki~ on ~he
~ollowinq review criteria:
/_a~ The ProP6s~d-~h-~d ~arkfnG facilitv.'includin~ its
~nqress and e~res's, i~ safe add ¢opvenient for
motorists and pedestrians:
The proposed shared parking facility will not
adversely impact the character and :ualitv of the
aeiqhborhood nor binqer the proper future
~evelopment of surroundin~ properties:
~be shared parkiD~ plan will hav~ ~nvironmental.
economic or traffic flow benefits for the community;
(d) ~_he shared parking plan will solve parkinq problems
th~% were ~gt created by the owners or leasees of
the subject properties;
.(e) Other more viable parking alternatives ar~
~vailable for the subject properties:
(f) The operating hours, typgs o~ land uses. and other
~pplicable factors are conducive for shared parking
at the present time and ar9 likely to remain
' coDs~a~t:
(~) ~pproval of the Shared Parking A~re~ment woul~ b~
~onsistent with the Future Land Use Element
Growth Manaqement Plan.
Words-s~u~k-~h~h are deleted; words underlin~ are added.
~ where the shared parking plan show~ no land
r_9~n or a minimum ten ¢10) year leased
parking a~,reement, the petitioner has demonstrated
that the alternatiy9 parking plan is feasible at the
preseD~ time, and should be feasible in the future:
/j~ ~ai~ure'of the shared parking Plan and th~
Alternative parking plan or the minimum ten
year. leased parking agreement would not have serious
implications on the public health, safety ann
welfare; and
{j) ApProval ~'{h~_'p~tit~0n will ~ot create Parking
problems for any neiohborinG property.
Where shared par~'in~ ~'S-'apProved under'subsection 8.12f.
of this Zoning Ordinance the following provisions shall
.(a) The Boar~-~f ~0ninG A~pe~ls may impose re~uirements
or conditions upon approval as appropriate to
promote the public health, safety and welfare.
These reGuirements_or conditions may include, but
s_~.~_be limited, to: pedestrian oround level
and _overhead walkwavs.-traffic signals, traffic
~Qntrol devices, directional signs, signs to
designate shared parking spaces, lighting standards.
extra.landscaDino, buffers, screens and limited
hours of operation:
~e shared parking a~reement shall De recorded in
th~ Public Records of Collier Countvo Florida at the
owner's expense. Collier County shall release the
parties to the shared parking agreement and from the
~erms thereof, if other reguired off-street
facilities are provided in accordance with the
requirements of this Ordinance: and
minimum ten fl0~ year leased parking agreement or
the alterpative..parking plan is feasible or the
pet~t~0ner aDd,or Qwner of the shared facility
reserves, sufficient land areas reouired to meet
future parking needs. A land reservation shall be
required for all shared parking approvals except
where the.sh~re~ parking is between a church and
another %and use or only between existing structures
for joint parking or ~ existing structure for
%eased parking ~ha~ have received Certificates of
occupancy, Such loDd reservation may include any
number o~ parking spaces so long as there are
su~fic~el]~ spaces to ~Gc0mmodate the parktDq Deeds
of both the sharing facility and the facility
neediDq the additional parkinG. This reservation
~hall be recorded in the Public Records of Collier
c0unt¥. Florida at the owner's expense. Collier
Co~nt¥ shall release the parties to the land
reservation agreement from the terms thereof, if
other reouired off-street facilities are provided in
~ccordance with the reouirements of this Ordinance.
SECTION TWO: Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance
of Collier County and other applicable law, the more restrictive
Words-s~rueR-th=ough are deleted; words ~ are added.
shall apply. If any phrase or portion of the ordinance is held
invalid or unconstitutional' by. any court of competent jurisdiction,
such portion shall .be.deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portion. . ....
SECTION THREE: Effective Date
This Ordinance Sh~l-£'bec'~e"~f'f~?iV~".-_~.o.~.r-~c~ipt ~f notice
from the Secretary of. St.a.t.e _that_t_his_.0~rdtn.an_.co~..h_as._.~.een filed with
the Secretary of State.
PASSED AND DULY ADPOTE~.'by '~he'B'~rd '6~'-C°un%y Co~%T~tssioners
of Cell.let County, ¥1or'~da, this'- 1'6 ~:..day--.of April "~ ,1991.
ATTEST: ; . _ '' ' BOARD OF COUNTY CO O ER$~
· ~" COLLIER~ COUNTY; · FLORIDA -
~ C. GILE~/.CLERK ...... p_ATR!C.!A ..A~..NE..G.0ODNIdHT, d~AIRMAN
APPR~a£, ..%$',TO' FoRM AND 'LEGAL SUF~_.ICIENC¥: ......
ASSISTAS'T COUNTY ATTORNEY
Z0-90-18 AMENDMENTS/~'609 ........... Thru c~c~n~e ~;~ w~m ~
J' !
Words-st~rueh-th~ou~h are deleted; words underlined are added.
STATE OF FLORIDA )
'?. · COUN?Y OF COLLIER )
'~/' I, JAMES C. GILES, Clerk of Courts in and for the
~"[-. Twen~icth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91-33
which was adopted by the Board of County Commiss]oner~ on
the 16th day of April, 1991, during Special Session.
WITNESS my hand and the official seal of the Board of
Coun':y Commissioners of Collier County, Florida, this 23rd
day of April, !991.
JAMES C. GILES ~''
Clerk of Courts and Clerk.,,
Ex-officio to Board of .".:
County Commissioners .'.:.