Resolution 2004-007
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RESOLUTION NO. 04- 07
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER PE-2003-AR-4261 FOR A
PARKING EXEMPTION TO ALLOW OFF-SITE
PARKING VIA A SHARED PARKING
AGREEMENT, PURSUANT TO LDC SECTION
2.3.4.1l2.C BETWEEN THE COCOHA TCHEE
NATURE CENTER AND THE PEWTER MUG 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 its Land Development Code (LDC)
(Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the allowance of a parking exemption; 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 a parking exemption as shown on the attached Site Plan, Exhibit
"A," in the "A-ST" Zone and in the C-4 Zone 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 Subsection 2.3.4.11, 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, PE.2003-AR.4261, filed by Doug Schroeder, Executive Director of Cocohatchee
Nature Center, representing Cocohatchee Nature Center, requesting a parking exemption to allow
off-site parking via a shared parking agreement, pursuant to LDC Section 2.3.4.1.2.c, between the
Cocohatchee Nature Center and the Pewter Mug, with respect to the property hereinafter
described in Exhibit "B" attached hereto and incorporated by reference herein be and the same
hereby is approved for a parking exemption as shown on the attached Site Plan, Exhibit "A," of
the C-4 Zoning District wherein said property is located, subject to the Joint Parking Agreement
attached as Exhibit "C" and incorporated by reference.
Page 1 of 2
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BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PE-2003-
AR-426l be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this / ~..,.L day of ~. ,2004.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~~~~~~~ BY
Atte'sf.',as to CM1ruA s
S i '.lr,ature:on 11'.
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/f1t--- ,~IRMAN
Approved as to Form
~~
Patrick G. White
Assistant County Attorney
Exhibits:
A. Site Plan, stamped "Received July 22,2003"
B. Legal Description for both parcels
C. Joint Parking Agreement, stamped "Received September 16,2003"
D. Conditions
Page 20f2
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Exhibit A
Site P'a n
PE-2003-AR-4261
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COCOHATCHEE NATURE CENTER
Leqal Description
A parce~ of land in the North ~ of Section 21, Township 48
South, Range 25 East, Collier County, Florida, lying within
Bulkhead Line No.4 as recorded in Bulkhead Line Plat Book 1,
Page 16, Public Records of Collier County, Florida, and the
Westerly Right of Way line of O.S. Route 41 (S.R. 45), more
particularly described as follows: Beginning at the point of
beginning of Bulkhead Line No.4, as recorded in Bulkhead Line
Plat 1, Page 16, Public Records of Collier County,Fl~rida; run
S 73049'13" W for 281.74 feet to a point of curvature; thence
run 257.08 feet along the arc of a curve concave to the
Northeast having a radius of 100.00 feet and sub tended by a
chord having. a length of 191.91 feet and bearing N 32031158" W
to a point of compound curvature; thence run 420.68 feet along
the arc of a curve concave to the Southeast baving a radius of
500.00 feet and sub tended by a chord having a length of 408.38
feet and bearing N 65013'02" E to the point of ending of said
Bulkhead Line No.4, said point lying on the Westerly Right of
Way line of U.S. Route 41 (S.R. 45); thence run S 0040'47" E
along said Right of Way line for 254.09 feet to the Point of
. Beginning.
RECEIVED
JUl 2 1 2003
Exhibit B
Lega I Descri ption
Page 1 of 2
PE-2003-AR-4261
RE-SUBMITTAL
PE-2003-AR-4261
PROJECT #2001080020
DATE: 7/22/03
KAYDESELEM
PEWTER MUG
LEGAL DESCRIPTION
l7E ~.
A tract or parcel of land lying Ln that part of
the West Half (W 1/2) of the Southwest Quarter (SW
1/4) of the Northwest Quarter (NW 1/4) of Section
22, Township 48 South, Range 25 East, South of
Horse Creek and East of the East Right-of-way line
of State Road No. 45 (Tamiami Trail) which tract
or parcel is descrbed as follows:
Beginning at the intersection of the North line of
said fraction of a section with said East right-
of-way line, which point is on the center line of
the original channel of Horse Creek.. run South
along said right-of-way line for 329.05 feet to a
point on the center line of the easement right-of-
way of the State Road Department for the re-locat-
ed channel' of Horse Creek, thence run East along
said center line (perpendicular to State Road No.
45) for 100 feet, thence deflect left 17 degrees
15 minutes and continue Nart~easterly for 300 feet
more or less along said center line to the center
line of the original channel of Horse Creek,
thence run Northwesterly and westerly along said
center line of the original channel to the point
of beginning; subject however to said easement
right of the State Road Department over that part
of the described lands lying within 87.5 feet of
said center line of the relocated channel of Horse
Creek; in Collier County, Florida.
RECEIVED
JUL 2 1 2003
Exhibit B
Legal Description
Page 2 of 2
PE-2003-AR-4261
RE_SUBMlTTAL
PE_2003-AR-4261
PROJECT #2001080020
DATE: 7/22/03
KAYDESELEM
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JOINT pARKJ1t'IG AGREEMENT
For a consideration of TEN ($10.00) DOLLARS, Cocohatchee Nature Center, Inc. (the
'<Nature Center") owner of the real property located at 12345 Tamiami Trail North, Naples, .
Florida, and A. James Keyser, owner ofthe real property located at 12300 Tamiami Trail North,
Naples, Florida, hereby agree as follows:
WHEREAS, the parties to this Agreement, for their mutual benefit, intend to share
parking spaces on the above-referenced properties; the property at 12300 Tamiami Trail North is
leased to The Pewter Mug, Inc. (hereafter referred to as the "Pewter Mug"). Pedestrian access
between the properties is to be provided by a walkway to be constructed under the Cocohatchee
River Bridge and highway U.S. 41 North. A General Permit for construction of the walkway is
expected to be issued to the Nature Center in November, 2003 by the Florida Department of
Transportation (owner ofa 150' easement between the properties).
: THEREFORE, the parties to this Agreement agree to share parking spaces on the above-
referenced properties under the following conditions:
a) Terms of Use. The Nature Center shaH be allowed to use twenty (20) parking spaces
at the Pewter Mug between 7:00 a.m. and 4:30 p.m. The Pewter Mug shall be
allowed to use twenty (20) parking spaces at the Nature Center, on dates and at
times mutually agreed upon by the Pewter Mug and the Nature Center. The hours of
operation of the Pewter Mug shall be limited, during the period in which this
Agreement is in effect, to between 4:30 p.m. and 2:00 a.m., Monday through Sunday.
b) Right to Remove Vehicles. At the sole discretion of the Pewter Mug, vehicles
belonging to Nature Center visitors remaining at the Pewter Mug after 4:30 p.m. may
be towed at the expense oftbe vehicle owner. The Nature Center may likewise have
vehicles belonging to Pewter Mug customers towed, at the expense of the vehicle
owner, which are not in compliance with the dates and times mutually agreed upon
by the Pewter Mug and the Nature Center.
c) Hold Harmless. Both parties to this Agreement agree to hold the other harmless
against any and all claims, including bodily injury or death, that may occur as the
result of the use of either of the above-referenced properties by the general public
under this Joint Parking Agreement.
FURTHER. this Agreement shall remain in force and effect for a period often (10) years
from the date last signed below, unless: a) either the Nature Center or the Pewter
Mug ceases to exist as an operating entity, or, b) the Pewter Mug property is
conveyed to a purchaser other than the Nature Center. Upon expiration of the ten
year term of this Agreement, or in tbe event this Agreement becomes null and
void prior to the full ten year tenn due to the occurrence of either (a) or (b)
described above, the Nature Center shall immediately discontinue the use of a Exhibit C
Joint Parking Agreement
Page 1 of 2
PE-2003-AR-4261
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Joint Parking Agreement
Page 2
second tour boat and reduce rental activities to a maximum of five canoes.
TIllS AGREEMENT is binding on the successors and assigns of the parties and shall be
governed by the laws of the State of Florida. It is agreed that in any action required to perfect
this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee.
Modifications, in whole or in part, may not be made without the express consent of both parties
to this Agreement.
Cocohatchee Nature Center, Inc.,
A Florida Not-For-Profit Corporation
BI1~Q...R~
Douglas P. Schroooer, Executive Director
Dated: cr".- I1/'- I? -1
A James Keyser
By:" (J'~
A James r
Dated: 1/;f43
---
Exhibit C
Joint Parking Agreement
Page 2 of 2
PE-2003-AR-4261
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COCOHATCHEE NATURE CENTER
PARKING EXEMPTION
1. The parking exemption is limited to the configuration shown on the site plan entitled "Site
Plan, PE-2003-AR-4261," stamped "Received July 21, 2003," except as further restricted below. This
site plan is included as Exhibit A; and
2. The petitioner must construct or cause to be constructed the pedestrian walkway under the
Tamiami Trail. The pedestrian walkway must be completed and operational prior to the opening of
any expansion of the Cocohatchee Nature Center uses; and
3. Prior to the expansion of uses at the Nature Center, the petitioner must install signs and provide
hand-outs to customers advising them of the availability of additional parking, noting where it is
located and how to get to it. The signs and notices must also advise customers using the additional
parking that pedestrian traffic going to and from the additional parking area must use the pedestrian
crossing under the bridge. Direct crossing of Tamiami Trail is prohibited; and
4. Employees of the Nature Center must park in the off-site parking area; and
5. The pedestrian walkway must be illuminated. The lighting facilities must be no taller than the
minimum required to adequately illuminate the walkway. Lighting facilities shall be arranged in a
manner that protects roadways and neighboring properties from direct glare or other interference.
Revised: 12/04/03 to reflect changes requested by the Collier County Planning Commission
Conditions of Approval
Exhibit D
PE-2003-AR-4261