Agenda 01/25/2011 Item #16A1
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1/2S/2011Itern 16.A.1.
EXECUTIVE SUMMARY
Michel Saadeh of the Vineyards Development Corporation is requesting a clarification of V A-
PL2009-1460 Conditions of Approval number 6 to accept landscape plantings between a golf course
maintenance building and an abutting residential district; and to accept landscape plantings that
are located in an abutting residential district instead of on the required maintenance building
property. The subject properties are located at 400 Vineyards Boulevard, and in Clubside Reserve
in Section 5, Township 49 South, Range 26 East, Collier County, Florida.
OBJECTIVJt:
To have the Board of County Commissioners (BCC) consider the as-built condition for the
above-referenced Variance petition and render a decision pursuant to Section 9.04.04 of the Land
Development Code (LDC) in order to eI).sure that the project is in harmony with all applicable
codes and regulations and that the community's interests are maintained.
CONSIDERATIONS:
The applicant was granted approval of a Variance on January 26, 2010, to permit the
construction of maintenance building that would be located within 5 feet of the adjacent Clubside
Reserve residential condominiums northern property line. A Variance from the required 10-foot
buffer width was also granted to allow the requisite plant material to be located on the northern
side of an existing golf cart path adjacent to the southern boundary of the property rather than
immediately along the southern boundary itself. In addition, Condition of Approval number 6
permits landscaping to be located on the adjacent Clubside Reserve property so as to fill in
"gaps" in the landscape buffer. lbis is so as to improve the screening of the maintenance
building from the residential dwelling units.
The maintenance building has since been constructed. It is separated from the multi-family
residences to the south by an eight-foot high masonry wall and a Type B Landscape Buffer that
is located on the neighboring Clubside Reserve property. A total of 13 Sabal Palms have been
planted within the landscape buffer located at Clubside Reserve. On the maintenance building
property, two Washingtonia Palms have been planted.
Attachment A, depicts photographs of the palms planted within the existing Clubside Reserve
landscape buffer. Attachment B, an Aerial, depicts the palm tree locations described above as a
hand drawing on the Aerial.
In addition, the Growth Management Division is extending a Temporary Certificate of
Occupancy (TCO) for the Vineyards Maintenance Building until January 26, 2011. The Growth
Management Division Deputy Administrator recommends that the Board of Collier County
Commissioners (BCC) waive the $500 fee for the Tca as this is a Staff initiated delay in order
to seek final BCC approval.
P~rkpt p~O'p -t; 11_
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1/2S/2011Itern 16.A.l.
FISCAL IMPACT:
Approval would have no fiscal impact on Collier County. However, as previously stated, the
Growth Management Division Deputy Administrator recommends that the BCC waive the $500
fee for the TCO.
LEGAL CONSIDERATIONS:
County staff has determined that the changes as made by Mr. Saadeh are equivalent to the
Conditions of Approval entered into with the Board during his variance. As the existing
conditions do differ from the terms of the variance, it is properly brought before the Board again
for consideration. lbis item has been reviewed by the County Attorney's Office and has been
found legally sufficient. lbis item requires a supermajority vote as it clarifies a variance. STW
RECOMMENDATION:
Staff recommends that the Board of County Commissioners accept the Aerial plan showing the
locations of the palm trees as they meet the intention of the landscape code to provide buffering
and screening between the Clubside Reserve residences and the maintenance building.
Furthermore, the Growth Management Division Administrator seeks approval of the fee waiver
of $500 for the Temporary Certificate of Occupancy.
PREPARED BY:
Nancy Gundlach, AICP, Principal Planner (Florida Registered Landscape Architect # 1244),
Department of Land Development Services
Attachments:
A: Photographs
B: Aerial
C: Resolution 10-22, containing "Exhibit C: Conditions of Approval"
D: Letter of Agreement
Packet Page -512-
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1/2S/2011Itern 16.A.l.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1.
Item Summary: Michel Saadeh of the Vineyards Development Corporation is requesting a
clarification of VA-PL2009-1460 Conditions of Approval number 6 to accept landscape plantings
between a golf course maintenance building and an abutting residential district; and to accept
landscape plantings that are located in an abutting residential district instead of on the required
maintenance building property. The subject properties are located at 400 Vineyards
Boulevard, and in Clubside Reserve in Section 5, Township 49 South, Range 26 East, Collier
County, Florida.
Meeting Date: 1/25/2011
Prepared By
Name: GundlachNancy
Title: Planner, Principal, Comprehensive Planning
1/5/2011 11:38:51 AM
Approved By
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Comprehensive
Date: 1/8/201111:07:35 AM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 1110/2011 2:19:21 PM
Name: PuigJudy
Title: Operations Analyst,
Date: 1/11/201111:14:02 AM
Name: :federNorm
Title: Administrator - Growth Management Div, Transportati
Date: 1/11/2011 11:35:39 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Packet Page -513-
Date: 1/13/2011 1:55:36 PM
Name: Williams Steven
Title: Assistant County Attorney,County Attorney
Date: 1/13/2011 4:07:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/20111:15:05 PM
Name: StanleyTherese
Title: ManagementlBudgetAnalyst, Senior, Office of Management & Budget
Date: 1/17/2011 8:12:19 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/18/2011 8:53:10 AM
Packet Page -514-
1/2S/2011Itern 16.A.l.
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View of existing landscape buffer supplemented with new palm tree plantings.
Attachment A
page 1 of 2
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1/2S/2011Itern 16.A.l.
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View of existing landscape buffer supplemented with new palm tree plantings.
Attachment A
page 2 of 2
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1/2S/2011Itern 16.A.l.
RESOLUTION! 0-: ~?
A RESOLUTION OF TIlE 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 WlDE BUFFER WIDTH REQUIREMENT OF LDC SECTION
4.06.02 C.1 ON PROPERTY LOCATED AT mE 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
aU counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as
are necessary forthe protection ofthe 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 JO~foot wide buffer requirement of Land Development Code Section
4.06.02 C.l 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:
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Vineyards / VA-PL2009-1460
Rev. 1/26/10
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Attar.hmp-nt ~
Packet Page -518-
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1/2S/2011Itern 16.A.l.
Petition Number V A-PL2009-1460 filed by Michel Saadeh on behalf of Vine)lards 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 15.4 foot setback for a maintenance building from
an abutting residential district and a variance from the LDC Section 4.06.02 C.1 10-foot wide buffer
requirement to allow all of the required plant material to be located in separate 10-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 2(p day of
~'2010.
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A TrEST: , BOARD OF ZONING APPEALS
DWIGHT E. BROCK..< CLERK COLLIER COUNTY. FLORIDA
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By: F~O~~,~~
By:==- .
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Approved is~tb"fo~ and
legal sufficiency:
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Steven T. Williams
Assistant County Attorney
Attachments: Exhibit "A" - Site Plan
Exhibit "8" - Legal Description
Exhibit "c" - Conditions of Approval
09-CPS-00986/30
Vineyards / VA-PL2009-1460
Rev. 1/26/10
20f2
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COASTAL
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VINEYARDS Sl'ORAGE FAC{LITY
LEGAL DESCRIPTION
T:HA:T f.'Aa.r Of. 'tRAOT iiUsi tHE ViNEYARDS UNIT ONE, AS BECOAADED: iN PLA r.BOQ.K' 1:4;
PAGES, 57- THROUGH. 74: OF THE :PUBLlC RECORDS OF 'O.Q.yPJl;!1 COUNTY; :P!-QH1'DA
BENG P5~o.R{Bl;;P AS: ~OLL"c)W~k '.
COMMENCINQ AT THE $QlflliY\'I;$T GORNER OF SAID 'TAA-QT' !'!J~~, RON N. 04~' 10,;' 1~"
Al..G)Ne' i'iit; '\NESt~:aLY :.L.H'iJe OF $ArD.. "TRACT "U~" AND' THE' ~SiERLY RJ.GHi!..oF-WAY
LINE OF \lirNEYA8DS BOU.LEAV19..RD FOR 612.50 FEET TO THE NORTHERLY LINE- OF
THO$1;:~LAiii!OS.;KN.q,~N A$ ~lja:$.ft)1; BESERVEAT THE WN$.:~A8DSi A CONDOMINIUM
REC6,PIOt:o. iN O.R. Bo.~'K 2i.:ao,i. PA13E'..1:380 OF SAID PUBUC>RECORDS;
THENOE Al:QNG$AmfLlNE $' 8~c~1:Q:t?1' ~. 4.P'9~87 FEET T.O A POJI\JT qJN A CI RCULARG1JRVE
AND A F'~l'NrOF NON,.TANGENbVAI$ID THE POINT OFBEGiNNING;
THgNG~ f1$.'~'~~ FE~T AL,qNG THg; A'RC. 'OF A CURVE' .cQNPA\I.'~ 1t). tHE NORT'r:IW1;$,T.;'
HAViNG. A RADUjs,CP 15tttlO FEET" A OENTRAL ANGLE OF: 66'?54'54",ACHORD"OF '~6.s..4'0
FEEr BEAB1N6 N34C17...t5~!E TllA ~~NT OF TANGENCY;' .
THE~GfE !1r$O~~~:48;"~ rQR. V{j~.O:' FEjIT'rO THE NORTHERLy tlNE, 01= SAlQ TRACT ''O'l;.
THENOE ALONG S~II)'LINE S.,B4~1'O~12!' E iOO.OO FEET~
THENQJ; ~8lS'''fO~gz' 1; 43;58 FEgT; .
THEN,bE S'S'i1>12',2j" E 43.58 FEET;
ThfENCE S~1b10'12." E 90.00 FEETi
THENCE S 34(>1<1;-12" E135AJ{) FEEt;
THENCE S ci().t'49~48" W 79.22 FEET TO SAID !\lORTHERl Y L~NE QF:GLUSSIDE RESERVE AT
TH!=:v.r~$rAffQ$;' . .. . .'
THENCEAL'ON~ SA\l)'L1NE- N 490S$!18" W 127.5$ FEEl.;
THENOE N.;6.9c.341:t5!' W 6.1:.4=9 FEET;
THENCE ~',~9ot(J'l2'" W 2}~4.4~;F.E8T TO THE THE POINT OF BeGINNING:.
THE:A80VE DESCRIBED APPRQXIMA TEL Y 52,589 SQUARE FEET OR 1.27 ACRES- OF
LAND.
COI\S~~~TANTS' INC.
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R1GHARD J.ew.ING(p.S.M. '
PRQFESS1QNAL SURVEYQR AND MAPPER
FLORlOA 'C'l;fmF.lC.A TE: NQ. '52.9$
NOT VAUD Wrrl-louTTHE SU3NAWRE AND
THE ORIGINAL RAISED SEAL OF:A FLORIDA
LICENSED SURVEYOR AND MAPPER Exhibit B
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DATE OF SIGNATUBE: / t>. Z f . a /
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3106 s. HOISE!lOr,';,e Dri\!e. N~plf!S. Floridn 341011-6~3i' . Phone {239j 643.2324 ~o~ {239! 64'3-1143 . E.Mail' infO'~cecm.ccm
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1/2S/2011Itern 16.A.1.
CONDITIONS OF APPROVAL
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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 i5 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 shan 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 of the subject maintenance facility shall be the color green.
EXHIBIT C
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1/2S/2011Itern 16.A.l.
October 29,2010
Clubside Reserve Homeowners' Association
Board of Directors
Re: Sabal Palms
Dear Board:
We are pleased that we have come to an agreement with regard to the installation of the
trees.
Nevertheless, we want to be very clear that after we install up to 13 sabal palms on the
Clubside Reserve side of the wall, the palms will then be the maintenance obligation of Clubs ide
Reserve which would include watering, fertilization and general care.
In addition, there is no warranty with these palms and this will conclude all of our
obligations to Clubside Reserve with regard to the construction of the maintenance building.
As such, we would request that the President of the Association sign below and forward
this letter back to us a..') soon as the pahn trees are installed.
(ine ~ r ,..... 1.-, .1 c:.-: y"'"}_.
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MICHEL SAADEH
President & CEO
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Acknowledged and agreed:
CLUBSIDE RESERVE CONDOMINIUM ASSOCIATION
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By:rcY~;;t~1
Its: ~em---~-~
MSllhf
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Attachment D
Packet Page -523-
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