Resolution 1994-532
JUL 2 6 1994
RESOLUTION 94-~
R~LATING TO PETITION NUMBER OSP-94-2 FOR
OFF-SITE 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 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 a VR zone for the property hereinafter described, and
has found as a matter of fact that satisfactory provision and
arrangement has 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 Richard Soltow, representing Clifford Lee
Soltow with respect to the property hereinafter described as:
Lots 6, 7, 8, 9, 18 and the south \ of Lot 5, Block 3, Fred
Whidden Subdivision, located on East Main Street and North
Second Street (Immokalee) in Section 4, Township 47 South,
Range 29 East, Collier County, Florida.
!OO( oeo P~',t 55
JUL 2 6 19~
be and the same hereby is approved for off-site parking as shown on the
attached plot plan, Exhibit "A" of the VR zoning district wherein said
property is located, subject to the following conditions:
Exhibit "B"
BE IT RE~LVED that this Resolution relating to Petition Number
OSP-94-2 be recorded in the minutes of this Board.
commissioner
f'latfhews
offered the foregoing
Resolution and moyed for its adoption, seconded by Commissioner
Nor:ris
and upon roll call the vote was:
AYES: Calmisaioner f'latthws, Ccmnissioner: Nor:ds, Ccmnissioner: Saunder:s,
Calmissioner: Volpe and Ccmnissioner Constantine
HAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
26th day of
,'1illy
, 1994.
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ATI"ST: .:, ('
DWIGlfl' 'E. BR~;.~LERX
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
OF
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MA.RJ IE H. STUDENT
ASSISTANT COUNTY ATTORNEY
OSP-94-2 RESOLUTION/11620
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JUl 2 6 1990\
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AGREEKE;1fl'
I, Richard Soltow, as owner or authorized agent for Petition
OSP-94-2, agree to the following stipulations requested by the
Collier County Planning Commission in their public hearing on June
16, 1994.
PlanninaServices:
a. The applicant shall record the approved Of-site Parking
Res~rictive Covenant Agreement with the Clerk of the Circuit
Court 'and shall bear the cost of such recording. Further, the
applicant shall provide community Development staff with a
copy of the recorded document prior to final Site Development
Plan approval.
b. All lighting shall be shielded and directed so as to prevent
glare on neighboring properties.
c. Prior to final inspection and approval of the off-site
facility, the applicant shall provide evidence of a current
Certificate of Occupancy for the Arcade Theater.
Water Kanaaement/Enaineerinq:
a. Detailed paving, grading, site drainage and utility plans
shall be submitted to Project Plan Review for review. No
construction permits shall be issued unless and until
approval of the proposed construction in accordance with the
submitted plans is granted by Project Plan Review.
b. Design and construction of all improvements shall be subject
to compliance with the appropriate provisions of the Collier
County Land Development Code, Division 3.2.
c.
Work within
requirements
93-64.
Collier County right-of-way shall meet the
of Collier County Right-of-Way Ordinance No.
d. Detailed water management plans and calculations, signed and
sealed by a Florida Professional Engineer shall be provide~~
e. An FOOT Permit or Letter of Intent to Issue (if so required)
shall be provided prior to final approval.
f. The entity responsible for maintenance of the water
management system shall be identified on the final site plan.
EXHIBIT "B"
!DOK 000 w,~ 58
-1-
JUl 2 6 1994
g. A boundary and topographic survey (referencing NGVD) shall be
provided at the time of final SDP submittal.
utilities;
a. Letter of water and sewer construction plan approval from the
IlDIlokalee Water-Sewer District shall be provided prior to
tinal approval. ~
~R2f
state of Florida
County of Collier
The foregoing Agreement
2 LI+-O... day 0 f ~ L -r-"
~sonally own to me
a~ i~entj{ic~Qn-and who
Sheet was acknowledged before me this
, 1994 by , who
or whu 1.<&8' preEiuceQ
d44-{did not) take an oath.
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(Signature of Notary Public)
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NOTARY PUBLIC
COlIllIIiss ion I c.0..- 089 <;:':3 9
My Commission Expi~es: .
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REPRESENTATIVE FOR CCPC
state of Florida
County of Collier
The forego in
~ ~day of
~sonallY
Sheet was acknowledged before me this
, 1994 by , who
own to me ~ed __. -" . __
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OSP-94-2 AGREEMENT SHEET/md
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NOTARY PUBLIC 11
Commission I L. ~ 08 Cf (...,3 9
My Commission Expires:
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JUl 2 6 1990\
RESTRICTIVE COVENANT
AND OFF-SITE PARKING AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of
July
, 1994, by and between Clifford Lee Soltow (the
"Petitioner"), and the Collier County Board of County
co..issioners (the "Board").
R Bel TAL 8
WHEREAS, Petitioner is the owner of The Arcade Theater,
~ West Main street, Immokalee, Florida (hereinafter the
"Subject property"), more particularly described as Lots 21
through 24, Block 3, Fred Whidden Subdivision, Section 4,
~ownship 47 South, Range 29 East, Collier county, Florida; and
WHEREAS, the Petitioner wishes to operate off-site parking
facilities on land more particularly described as the South 1/2
of Lot 5, and Lots 6,7,8,9 & 18, Block 3, Fred Whidden
Subdivision, Section 4, Township 47 South, Range 29 East,
Collier County, Florida, comprised of VR 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 propoerties; 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 aavelopment Code; and
WHEREAS, the proposed off-site parking will provide 46
parking spaces which will help provide necessary parking for the
3ubj~ct Froperty; al~
WHEREAS, the Board has passed Resolution No. 94-~,
attached hereto as Exhibit "A", relating to petition number,
OSP-94-1, approving the proposed off-site parking subject to the
conditions set forth in an Agreement Sheet which requires that
Petitioner enter into an Agreement with the Board.
NOW, THEREFORE, in consideration thereof, the Petitioner
agrees:
&OOK OeD m~ 60
JUL 2 6 199't
1. The above recitals are true and correct and incorporated
herein by reference.
2. That the proposed oft-site parking areas shall never be
encroached upon, used, sold, leased, or conveyed tor any purpose
except for use in conjunction with the subject Property and use so
long as the off-site parking facilities are required and that this
Aqree.ent constitutes a restrictive covenant.
3. To bear the expense of recording this Agreement in the
official records 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-94-1 have been met and approved by staff.
6. This Agreement supersedes and modifies any prior parking
agree.ent which .ay have been executed be~ween 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 inacc0rdancewith the..
.. reqUire..nts of Div. 2.3, LDC.
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.
!OOK 000 PA'J~ 61
JUl 2 6 1994
IN WITNESS WHEREOF the parties hereto have set their hands and
seals the daY and year first above written.
Attest:
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DWIGH'1"'~~ol'8RGCK Clerk
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Approved as to form and
legal sufficiency:
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. ..._~..KA&JOltI.ILM. STUDEN.T
Assistant County Attorney
STATE OF FLORIDA
SSe
COUNTY OF COLLIER
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Chairman
PETITIONER
C'~ ~~ ~~u.y
* * * * *
aOOK OOO"Af,[ G2
The foregoing
off-site parking
Restrictive Covenant
JUL 2 6 199't
and Parking Agree.ent was ackno~ledged before me by Petitioner,
Clifford Lee Soltow
~ SWORN ~
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AND SUBSCRIBED before me this ~ day of
, 1994.
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My Co..ission Expires:
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JUL 26 199't
RESOLUTION ~4-
REUTIlIG TO PETITION IIUMBER OSP-94-2 ,,,p.
Off-SITE Pl\lU<IrIG 011 PROPERTY IIEREIllAfTtP.
m:SCRIBED IN COLLIER COUNT'i. fLORIDA,
WHEREAS, ~heLegisla~ure or ~he S::a~e 0:' flo~~::a i~.:~.a;:-::~~ ::Zo.
floridaStatutl!S, has c::>nferred on a 11 COI.::'::::"S i~, ,lor i::a -::::e "0....::
establish, 'coordinate ar.d enforce zoning a~~ suc~ =~siness =g~~_a~l=~3
as are necessary for the protection of the public, a:-,d
WHEREAS, the Coun~: pursuan~ thereto has adop::ed a :a:':c
Development Code (Orc:!inance 110. 91-102.) '.hicn es~az~ishes ~eg'.:la"i':~..
for the zoning of par~:.cular geographic dl 'h. 5 10:':s '::' -:::-,e :::::1.::-,-::':. ~;;:=~.~
which is the allowance of off-site parking, and
WHEREAS, the Board of Zoning Appeals being the duly elec~e::
constituted board for Collier County which includes the area hereby
affected, has held a public hearing after notice and has considered ~he
advisability of off-site parking as shown on the attached plot plan,
Exhibit "A" in a VR zone for the property hereinafter described, and
has found as a matter of fact that satisfactory provision and
arrangement has been made concerning all applicable matters required by
said regulations and in accordance with SUbsection 2.J.5.J, Section
2.7.5 and oivision 3.J of the Collier County Land Develop~ent Code, ~or
the unincorporated area of Collier County, and
WHEREAS, all interested parties have been gi'len oppo~~ani~: ~= :e
heard by this Board in a public ~eeti~g and ~~e 9ca::~ r.a':~~~ :=~s:::e::.::
all matters presented,
NOW THEREFORE 3~ .:~ RESOLV!: ~y
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EXHIBIT "A"
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;..aSTENTIOll :
Done t.his
, 1';.34.
day of
ATTEST:
DWIGHT E. BROCK, CLERK
BOARO OF Z:~fI~:G ;'.??E^!...5
COLr:I~ Co:t:~ITY, ,:'ORIO;..
BY:
TIMOT;;"' J" CONSn':ITINE, CH.Ar:=;'_~':i
APPROVED AS TO FORl'! AND LEGAL StIFFICI=::rCY:
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"Ii,.,. ".>.RJORIE 1".. STl:OB1T
ASSISTANT COUll'!"! Xl"':''JP'::=:'!
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!OOK 000 PA~.t 65
JUl 2 6 199;
AGREEHElfT
I, Richard soltp,w,. as owner or authorized agent for Petition
OSP-94-2, . agree to. the following stipul'ations requested by the
Collier county Planning Commission in their public hearing on June
16,1994.
,
Plannina ~rvices:
a. The , applican~ shall record the. approved Of-site Parking
Restr;.,ictive Covena.nt Agreement with tbe Clerk of the Circuit
Court and shall bear the cost of such recording. Further, the
applicant. IlIhall provide Commun.ity Oevelqpment staff with a
copyoftherec;prded document prior to, final Site Development
Plan approval.
b. All lighting . shall . be. shielded and directed so as to prevent
glare on neighboring properties.
c. Prior to final inspection and approval of the off-site
facil i ty, the applicant shall provide evidence of a current
Certificate of Occupancy for the Arcade Theater.
Water Hanaaement/Enaineerina:
a. oetailed paving, grading, site drainage and utility plans
shall be submitted to Project Plan Review for review. No
construction permits shall be issued unless and until
approval of the proposed construction in accordance with the
submitted plans is granted by Project Plan Review.
b. Design and construction of all improvements shall be subject
to compliance with the appropriate provisions of the Collier
County Land Development Code, Division 3.2.
c.
Work within
requirements
93-64.
Collier County right-of-way shall meet the
of Collier County Right-of-Way Ordinance No.
-'-.,.4...
Detaileq water managementphns .and calcul.ations, liIlgned .and
sealed by a Florida Professional Engineer shall be provided.
An FOOT Permit or Letter of Intent to Issue (if so required)
shall be provided prior to final approval.
The entity responsible for maintenance of the water
management system shall be identified on the final site plan.
e.
f.
EXHIBIT "B"
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A boundary and topographic surv.y
provided at the time of final SDP
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a. Letter or water and sewer construction plan approval frOll the "~:,,. '/
I_okal... ~ater-Sewer District shall be provided prior to . J
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state of Florida
County of Collier
Th. foregoing Agr....nt
~LI+-t day of ~ l ~
~sonally own to ..
~ iA.R~i~i~~on-and who
Sh..t was acknowl.dged before me this
, 1994 by who
at: .ho tu..a. ,rcubulIell
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(~g~~ ch-o~~~C)
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NOTARY PUBLIC .
Commiasion # C!.Q..,OS9 Cp 3?
My commission Expires:
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stat. of Florida ",,:<,J.~
County of Collier ~.~
Th. for.qoin Agr....nt Sh..t was acknowledged before me this .,.. ''::;'1
'~~:~i~" . own to..~:,-:~-,.~~9t~~~~'~'1;1~~' ..' .:.... ..~~~;)!ti~;..:.::~;..~~
and Wbn--(::1r~ ~~~~~ "j
08P-94-2 AGREEMENT SHEET/md
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NOTARY PUBLIC 11 h 6 'f (p:2 (}
commission I ~~ 0 ~7
My commission Expires:
NOTARY PUlllJC STATE IS F'l.ORIDA
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