Resolution 2018-153 RESOLUTION NO. 18- 1 53
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, GRANTING A
PARKING EXEMPTION, TO ALLOW OFF-SITE
PARKING ON A CONTIGUOUS LOT ZONED
RESIDENTIAL SINGLE FAMILY (RSF-4) AND
PROVIDING FOR REPEAL OF RESOLUTION NO. 09-152,
RELATING TO A PRIOR PARKING EXEMPTION. THE
SUBJECT PROPERTY IS LOCATED BETWEEN
ROSEMARY LANE AND RIDGE STREET, IN SECTION 22,
TOWNSHIP 49 SOUTH, RANGE 25 EAST IN COLLIER
COUNTY, FLORIDA. (PL20170002684)
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 adopted a Land Development Code (Ordinance
No. 04-41, as amended) which establishes regulations for the zoning of particular geographic
divisions of the County; and
WHEREAS, Section 4.05.00 of the Land Development Code sets forth requirements and
standards for off-street parking and loading facilities and permits an exemption from these
standards under certain circumstances; and
WHEREAS, after proper notice, the Board of Zoning Appeals held a public hearing to
consider a Parking Exemption on property zoned Residential Single Family (RSF-4) and found
that the criteria set forth in Section 4.05.02.K.3 of the Land Development Code has been met,
and the Petition should be approved; 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.
[17-CPS-01733/1418571/1)80
Sandbanks/PL20170002684 Page 1 of 2
6/13/18
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition PL20170002684 filed by Frederick E. Hood of Davidson Engineering
representing Sandbanks, LLC is approved to permit off-site parking on contiguous land zoned
Residential Single Family (RSF-4), more particularly described in Exhibit A.
The off-street parking shall comply with the Site Plan attached hereto as Exhibit B, and
shall be subject to the conditions attached in Exhibit C.
BE IT FURTHER RESOLVED,that Resolution No. 2009-152 is hereby repealed.
BE IT FURTHER RESOLVED, that this Resolution be recorded in the minutes of this
Board.
PASSED AND DULY ADOPTED by the Board of Zoning Appeals of Collier County,
Florida, this ! I day of SP cry) b(X , 2018.
ATTEST: CRYSTAL K. KINZEL, BOARD OF ! ING APPEA
CLERK • COLLIER r• , FLO'
By: -' ,O By: A
'11." Aputy Clerk ANDY SOLIS, CHAIRMAN
Attest as to
signature only,`
Approved as to form and legality:
Heidi Ashton-Cicko A
Managing Assistant County Attorney
Exhibits: A Legal Description
B Site Plan
C Conditions of Approval
[17-CPS-01733/1418571/1]80
Sandbanks/PL20170002684 Page 2 of 2
6/13/18
COASTAL CECT Group Services
ENGINEERING Coastal and Marine Engineering
CONSULTANTS Environmental and Geological Services
Land and Marine Survey and Mapping
' INC. Website: www.coastalengineering.com
A CECI GROUP COMPANY
EXHIBIT "A"
OFF-SITE PARKING
LOT 14, ROSEMARY HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 2, PAGE 83, AND LOTS 53 AND 55 OF ROSEMARY HEIGHTS ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 78, BOTH OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 20,239 SQUARE FEET OR 0.46
ACRES OF LAND.
3106 S.Horseshoe Drive,Naples,Florida 34104*Phone(239)643-2324*Fax(239)643-1143 *E-mail:inf'o(a,;ceeifl.com
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Exhibit B
41!,
CONDITIONS OF APPROVAL
1. Any Administrative Parking Reduction may not reduce the minimum required parking for property
shown on the conceptual site plan below 100 spaces; and
2. The Parking Exemption area is limited to lots 14, 53, and 55 of the Rosemary Heights Addition
subdivision as shown on the "Sandbanks Redevelopment Conceptual Site Plan" prepared by
Davidson Engineering. All subsequent development orders shall be consistent with the approved
plan and utilized for Parking Exemption approval only. Final site design and development plans
shall comply with all applicable federal, state, and county laws and regulations; and
3. The Parking Exemption is limited to a maximum of 25 parking spaces and shall be restricted for
use by the proposed concept building and Mr.Tequila restaurant only; and
4. The Parking Exemption area is limited to improvements shown on the attached Site Plan,attached
as Exhibit B to this Resolution and improvements identified on this Exhibit C. This area shall be
restricted for use by only the proposed buildings shown on the Site Plan, attached as Exhibit B to
this Resolution; and
5. The Parking within the Parking Exemption area will be only paved surface parking; and
6. The use of the Parking Exemption area for parking will be restricted to normal retail business
hours of operation. Signage will be posted restricting the parking exemption spaces to hours of
use between 7:00 AM and 10:00 PM; and
7. Parking Exemption Area Lighting - Parking lot lighting within the Parking Exemption Area will be
restricted to light fixtures having an overall height no greater than 42 inches and shall be restricted
to operating in the Parking Exemption Area between the hours of 6:30 AM and 10:30 PM.
8. C-4 Area Lighting (adjacent to Parking Exemption Area) - Lighting provided at any building and
structure and adjacent to the parking exemption area or adjacent to lots 57, 59 and 16 of the
Rosemary Heights Subdivision (recorded in Plat Books 1 & 2, Pages 78 & 83, respectively of the
Public Records of Collier County) shall be Dark Skies compliant and installed to protect
neighboring properties from direct glare by directing all light sources away from residential
properties. Lighting shall be provided with full cutoff shielding and not exceeding 0.2 foot-candles
at the shared property line(s), and restricted to operating between the hours of 6:30 AM - 10:30
PM and shall be in the form of shielded structure mounted wall packs. These shielded fixtures
shall be placed no higher than 10-feet measured from the closest drive isle pavement.
9. C-4 Pole Lighting at any building or structure and adjacent to the Parking Exemption area shall be
no higher than 10-feet measured from the closest drive isle pavement of the building or structure
and shall be Dark Skies compliant and installed to protect neighboring properties from direct glare
by directing all light sources away from residential properties. Site lighting shall be provided with
full cutoff shielding and not exceeding 0.2 foot-candles at the shared property line(s), and
restricted to operating between the hours of 6:30 AM - 10:30 PM; and
Exhibit C
Page 1 of 2
10. An 8-foot precast concrete, concrete masonry, or brick wall shall be provided and located a
minimum of 6 feet from the common property line adjacent to lots 57,59 and 16 of the Rosemary
Heights Subdivision (recorded in Plat Books 1 & 2, Pages 78 & 83, respectively of the Public
Records of Collier County);within a 15-foot wide Collier County LDC Type B Landscape Buffer;and
11. There shall be no direct access from the adjacent streets to the parking exemption area. Access
to this parking area shall be via the commercially zoned property.
Exhibit C
Page 2 of 2