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Agenda 01/27/2009 Item #17C f\osnda Item No. 17e ~ January 27,2009 Page 1 of 29 EXECUTIVE SUMMARY V A-2008-AR-13601, Okeechobee Inn, L TD, represented by Gina Green, P,E. of Green Engineering, fne" is requesting a 1I8-foot Variance from the 440-foot minimum street frontage requirement of LDC Subsection 4,02,27, Specific Design Standards for the Immokalee-State Road 29A Commercial Overlay Subdistrict, to permit access to State Road 29 for a parcel having only 322 feet of street frontage, The 9.04-acre subject property is located on the wcst side of State Road 29, just north of the Lake Trafford Road intersection, in Section 32, Township 46 South, Range 29 East, lmmokalee, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced Variance petition and render a decision pursuant to Section 9.04.04 of the Land Development Code (LDC) in order to ensure that the project is in harmony with all applicable codes and regulations and that the community's interests are maintained. CONSIDERA TIONS: According to Subsection 4.02.27.A of the LDC, propc11ies having 440 feet or less of street frontage on SR-29 must not, when possible, take direct access from this highway. However, Subsection 4.02.27.B provides for a Variance from this requirement for any parcel not meeting the 440-foot minimum when "owing to special conditions peculiar to the property, a literal enforccment of the standards would result in unnecessary and undue hardship," and when doing so "would not be contrary to the public interest." The subjeet parcel, created prior to the adoption of the LDC, was plaited with a depth of approximately 1.226 feet and a width of only 322 feet. It is bound on its n011hern and southern sides by developed commercial propel1ies; and on its western side by existing residential uses. As a result of these circumstanees, it is landloeked, and its only feasible aceess point would now be trom SR-29. The subjeet property was recently the object of a Lot Split application (LS-200S-AR- 13564), which severed oJT a smaller 1.6S-acre parcel with approximately 170 feet of SR- 29 frontage. It should be noted that both the new parcei and the original pareel meet the LDC design standards for minimum lot area and minimum lot width, whieh are 10,000 square feet and 75 linear feet, respectively. The applicants are proposing to build a Suncoast Schools Federal Credit Union branch on thc new 1.6S-acre parcel, as depicted on the site plan contained in Exhibit A of the Resolution; however, no plans have been developed for the remaining 7.36 acres. Nevertheless, that parcel would be left with the approximately I 52-foot balance of ti.olltage on SR-29. _. As shown on the site plan, entitled "Suncoast Schools Federal Credit Union Conceptual Site Plan," prepared by Gina R. Green, P.A., and dated July 200S, the new 1.6S-acre !\o8nda itern i'>lo. 17C - J ~ '1OC 'y"7 ?01'9 . d, ,.,d ,;..., __, j 2 of 29 parcd is locatcd in the northeast comer of the subject property. Access would be strategically located along its southcrnmost boundary in order to maximize the distance from the existing access points on the adjacent commercial parcels to the n0l1h and south, while maintaining a safe, approximately 950- foot distance from the Lake Trafford Road intersection. The placement of the access in this location would also permit the 7.36-acre parcel, ifand when it was ever to develop, to share this access to SR-29. FISCAL IMPACT: Approval of this Variance petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Approval of this Variance would not affect or change the requirements ofthe GMP. AFFORDABLE HOUSING IMPACT: Approval of this Variance would have no affordable housing impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Variance. ENVIRONMENT AL ADVISORY COUNCIL (EAC\ RECOMMENDA nON: The EAC did not review this petition as they do not nonnally hear Variance petitions. COUNTY PLANNING COMMISSION (CCPC) RECOMMENDA nON: The CCPC heard petition V A-2008-AR-13601 on December 18, 2008, and believing that approving the Variance would not be injurious to the neighborhood or delIimental to the public welfare, voted unanimously (9-0) to forward this petition to the BZA with a recommendation of approval. subject to the following conditions: I. All access to State Road 29 from the 9.04-acre tract shall be through the access location approved as pm1 of this Variance, even if portions of the property are subsequently sold to another owner. 2. The slope easement depicted on the site plan adjacent to the access drive shall be modiJied, if needed, to include public and/or private utilities. 3. The sitc plan attach cd as Exhibit A, cntitlcd "Conccptual Site Plan" is conceptual in nature, with the final location of the access point to State Road 29 to be determined at the time ofpennitting by the Florida Department of TranspOJ1ation. Bccause this dccision was unanimous, and no letters of objection have been received A~fJnda iism No. li'C '^tanuary 27, 2009 Page 3 of 29 trom the community, this item is being placed on the summary agenda. LEGAL CONSIDERATIONS: The petitioner is requesting a Variance from subsection 4'()2.27.A of the LDC, which prohibits parcels from taking access from SR 29 when they have a 440-foot (or less) frontage on this roadway. The granting of such a Variance is permittcd under LDC S9.04.02 and S4.02.27.B. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. Decisions regarding Variances are quasi-judicial, and all testimony given must be under oath. The petitioner has the burden to prove that the proposed Variance is consistent with all the criteria set forth below, and you may question petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. LDC Section 9.04.02.A requires that "based upon the evidence given in public hearing; and the findings of the planning commission" you "should determine to the maximum extcnt possible if the granting of the Variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare." Should you consider denying the Variance, to ensure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed critcria below. In granting any Variance, the BZA may prescribe the following: 1. Appropriate conditions and safeguards in conformity with the zoning code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be decmed a violation of the zoning code. 2. A reasonable time limit within which the action for which the Variance required shall be begun or completed or both. Criteria for Variances I. There are special conditions and circumstances eXlstmg which are peculiar to the location, size, and characteristics of the land, structure, or building involved. 2. There are special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the propeliy which is the subject of the vmiance request. 3. A literal intcrpretation of thc provisions of the LDC work unnecessary and undue hardship on the applicant or create practical ditliculties on the applicant. Agenda item No. 17C January 27, 2009 Page 4 of 29 4. The Variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. 5. Granting the Variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Granting the Variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. 8. Granting the Variance wi1l be consistcnt with the GMP. This item is legally sufficient for Board action. Ex-parle diselosures are required. A majority vote is neccssary for Board action. - HF AC RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve Petition V A-2008-AR- 13601, subject to the CCPC conditions of approval that have been incorporated into the attached resolution. PREPARED BY: John-David Moss, AICP, Principal Plalmer Depm1ment of Zoning and Land Development Review Item Number: Item Summary: Meeting Date: Page I 01'2 Agenda Item No. 17e January 27, 2009 Page 5 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members VA~2008-AR-13601, Okeechobee Inn, L TO, represented by Gina Green, PE. of Green Engineering, lnc, is requesting a Variance from LOC Subsection 4.02.27, Specific Design Standards for the lmmokalee-State Road 29A Commercial Overlay Subdistrict to permit access to State Road 29 for a parcel having less than the minimum 440-root street fiontage Width. The 9,04-acre subject property is located on the west Side of Stale Road 29, just north of the Lake Trafford Road intersection, in Section 32, Township 46 South, Range 29 East Immokalee, Florlda,CTS 1127/200990000 AM PrC'pa red By John-David Moss Community Development & Environmental Services Senior Planner Date Zon~ng & land Development 9122120089;32;07 AM Appruved By Judy Puig Community Development & Environmental Services Opeiations Analyst Date Community Development & Environmental Services Admin. 1/5/20092:36 PM ,\pproved By Heidi F. Ashton County' Attorney A~slst3nt County Atto~ncy D8te County Attorney Office 1/8/200911;19 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 1/f':/20091;12 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 1/a/2009 7:52 PM Approwd By Susan !stenes. AICP Community Develapment & Environmental Services Zoning & Land Development Director Date Zoning & Land Develoj)ment Rev~ew 1!13/2009 8:51 AM '\pproved By or~18 Coordinator County Manager's Office orvlB Coordinator Dilte Office of Management g 8udget 1/14/20097: 17 AM ApprOl'ed Bl Mark Isackson County Manager's Office Blldqet Analvst Date Office of Mani'lgemenf & Budoet 1/15:2009 '(2:11 ;:If\ll ApproYC'd B)' file://f"::\AQ"endaTest\FxnoI1\ 122-.1anllarv%2027.%2fl2009\ 17.%20SI IMMARY%).OA"FN 1/21 !7009 Page 2 of2 A:Jenda Item NQ. 17G .January 27,2009 Page 6 of 29 James V. Mudd County Manager Date Beard of County Commissioners County Manager's Office 112012009 1 :50 PM iile://C:\A0ClldaTest\r:xnort\ 122-Jall,,"rv%2()27.%202()09\ 17.%20SI tMMA R Y%20AGFN. 1121120()9 AGP:1il{i)w'lfl:!m ~f1\. 17e "January 27 ,- 2009 Page 7 of 29 'er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 18,2008 SUBJECT: V A-2008-AR-1360 I, SUN COAST SCHOOLS FEDERAL CREDIT UNION PROPERTY OWNER/AGENT: Owner: Okeechobce Inn, Ltd. 802 NW 1 st Street South Bay, FL 33494 Agcnt: Gina R. Green, P.E. 33101'( Avenue NW Naples, FL 34120 REQUESTED ACTION: To have the Collier County 1'lamJing Commission (CepC) cOllsider a Variance from Land Development Code (LDe) Subsection 4.02.27, Specific Design Standards for the Immokalee- State Road 29A Commercial Overlay Subdistrict, to permit access to State Road 29 for a parcel having less than thc required 440-foot strect frontage width minimum. The subject property is zoned Commercial Intermediate (C-3) and is within the State Road (SR) 29A Commercial Overlay Subdistrict (SR29COSD). GEOGRAPHIC LOCATION: The 9.04-acre subject propelty is located on the west side of 15[h Street NOlth (State Road 29), just north of the Lake Trafford Road intersectioll, in Section 32, Township 46 South, Range 29 East, Immokalee, Florida (see location map on the following page). PURPOSEIDESCRIPTION OF REQUEST: According to Subsection 4.02.27.A of the LDe, propelties having 440 feet or less of strcct ii'ontage on SR-29 must not, when possible, take direct access from this highway. However, Subsection 4.02.27.]3 provides for a Variance from this requirement for any parcel not meeting the 440-foot minimum whcn "owing to special conditions peculiar to the property, a literal cnforcement of the st.~ndards would result in unnecessary and undue hardship," and whcn doing so "would not be contrary to the public interest." The subject parcel, created prior to the adoption Vi\-2008-AR-13601 (11-25-08) Paga 1 of6 -c U"'01 r--ON ~O_ .N 0 o .W Z~ Q) Ec~ 2 roo.. -0 '" :: uro ::--, Q) :t t:; '" ~ ~ , ~ lL ~ i In ~ ! 0: i ;"'!r > ~B ~ aS006C:!lS V"O ~ 0<) B 6' ,,<" 0~ '" . U. III 0: ~Jid-I~ ~ ~ . '" , lL In ~ 0: ~ Cl~ ~ , . In ~~ ~ ,- N . <r < ~ . "" < ~ , .,. ~ Cl ~ lL ~ ~ 5 ,. :;; J ~ B:~ :J: 0: '1. . :; t) In:lSru1l>>f / E- - " t ~ ~ ~ * " t '" " . oJ -. b'" W wQ e ~ ~ ..J~ ~~ ~ ~ ~ ~ <t 00 "'0 ~ ..~ .-.-0- ~ > ~ " :!Ew is > . " :!EN < . > 6Z'tl'S . ~ 0 ~ ~ . ~ u " " -,.~ ~ " g ;; . . " ~ \d _In~ '" . ~ 0 I . ~ - " " 0 " " 0 "~f~ " t ~ " . ~ ----.- '1~ f - a.. <( :2 (9 Z Z o N o W M '" 0: , w o o '" , 0: > " z o f- f- w .. a.. <( :2 z o I- <( u 31 I --w ~~.~~-~I Q~~~EEN. PA. !#t7m1~ ~1t. ~-~ . lWt:a._~ "")....,.,., ,,,,(...) ""'-'", ~-- ~tr(>~ ......,"" - _ ___ - -- ------- "--""- ......~-~ '-'. ~_...-.__.._-_.-. l!; i1 .1 Ij '. 'Ill! I 1'''1 i~l! I,ll 1,1 .~ I ~ I ~ i I i , I, I~ I III ii I .Inu ....-n II i~ .1 n. 11:1Ir1 Ii, ~IlMiIl~~ ~u, ~nl! ~ ~ Agenda Item No. 17e 88a./ 9 Page 9 of 9 - ~: ij l I ;j r. '. , . . . ~ I ~ I ~ & ~ 'L =" -- 'X :1 1" " " !; ,tt:= ' ". ~t.~, . ~ ~ ------' ~~ ~ i\genda item No. 17C January 27, 2009 Page 10 of 29 of the LDC, was platted with a depth of approximately] ,226 feet and a width of only 322 feet. It is bound on its northern and southern sides by developed commcrcial properties; and on its western side by existing residential uses. As a result of these circumstances, it is landlocked; and its only feasible access point would now be from SR-29. The subject property was recently the object of a Lot Split application (LS-2008-AR-13564), which severed off a smaller 1.6S-acre parcel with approximately 170 feet of SR-29 frontage. It should be noted that both the new parcel and the remaining parcel meet the LDC design standards for minimum lot area and minimum lot width, which are 10,000 square feet and 75 linear feet, respectively. The applicants are proposing to build a Suncoast Schools Federal Credit Union branch on the 1.68-acrc parcel, as depictcd on the site plan on the preceding page; however, no plans have yct been developed for the remaining 7.36 acres. Neveltheless, that parcel would be left with the approximately 1 52-foot balance of frontage on SR-29. As shown on the si Ie plan, entitled "Suncoast Schools Federal Credit Union Conceptual Site Plan," prepared by Gina R. Green, P.A., and dat",d July 2008, the new 1.68-acre parcel is located in the northeast corner of the suhjcct property. Access would be strategically located along its southermnost boundary in order to maximize the distance from the existing access points on the adjacent commercial parcels to the north and south, while maintaining a safe, approximately 950-foot distance from the Lake Trafford Road intersection. Th", placem",nt of the access in this location would also permit the 7.36-acre parcel, if and when it was ever to develop, to share this access to SR-29. The proposed credit union building would be centrally located and set back approximately 229 feet from the SR-29 right-of-way. Parking would be provided in front of the building; and at th", rear, fbur drive-through lanes, a bypass lane, and a stOI1TIwa1er retention pond would be provided. SURROUNDING LAND USE & WNING: North: East: South: West: Commercial use; zoned C-3 and SR29COSD. SR-29 right-of-way, then conmwrcial uscs; zoned C-4. Commercial use; zoned C-3, C-4 and SR29COSD Residential uses; roned RSF-4. AERIAL VIEW VA.).UUR.AR.13601 (11-25-08) Page 2 of 6 Agenda Item No. 17C January 27. 2009 Page 11 of 29 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Futw'e Land Use Element (FLUE): The subject propeliy is designated on the Future Land Use Map of the Irrunokalee Area Master Plan (lAMP) as Neighborhood Center Subdistrict. Areas within this designation are meant to be centers of activity and contain a mix of uses to serve the needs of the surrounding neighborhoods. TIle lAMP states that these centers should contain a mix of neighborhood-oriented uses such as day care center, parks, schools and govemmental activities. The lAMP further states that non-residential uses shall be at least 20 percent of the size of Neighborhood Centers. As this site is intended to be used for a credit union and meets the relevant criteria for commercial developments in Neighborhood Centers, it is consistent with this land use designation of the lAMP. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The proposed commercial use on the site is consistent with the Neighborhood Center Subdistrict and, therefore, deemed consistent with the IAMP. ANAl,YSIS: Section 9.04.01 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The CCPC is advisory to the BZA and utilizes the provisions of Subsection 9.04.03 A. through H., in bold font below, as general guidelines to assist in making a recommendation of approval or denial. Staff has analyzed this petition relative to these provisions, and of Tel'S the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, sizc and characteristics of the land, structure or building involved? Yes, As previously noted, the subject site is surrounded by developed propClties on three sides. Due to the c.onfiguration of the improvements on these parcels, access connections to the subject property can not be provided, Therefore, the applicant's only potential access would be directly from SR-29, which abuts its eastem boundary. b, Are thel'e special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the Variance rcqucst? Ycs. As mentioned, the property was platted before the adoption of the Coun1y's LDC and the specific design standards for the Immokalee-State Road 29A Conmlcrcial Overlay Subdistrict that have neeessitatcd this Variancc request. Therefore, tllis condition is pre- existing. c, Will a literal interpretation of thc provisions of this zoning code work unnecessary and undue hardship 011 thc applicant or cl'cate practical difficulties for the applicant? Yes. A literal interpretation of the LDC provision would create an undue hardship on tbe applicants by prevcnting access to the property. VA-200B..'<R-13601 t1'-25-08) Page 3 of 6 Agenda Item No. 17C January 27, 2009 Page 12 of 29 d, Will the Val'iances, if granted, be the minimnm Variances that will make possible the reasonable use of the land, building or stmcture and which promote standards of health, safcty and welfare? Yes. The Variance requested would be the minimum to make possible the reasonable use of the land. As previously noted, the proposed location of the access point would not adversely impact the standards of health, safety and welfare; and with the development condition included by staff, would ensure that the applicant's rcmaining 7.36-acre parcel, if it wcre to develop, would also share this access to SR-29. e. Will granting the Variances confer on the applicant any special privilege that is denied by these 7Alning regulations to other lands, buildings, or structures in the same zoning district? No. A Variance by detinition confers some dimensional relief from the zoning regulations specitic to a sitc. However, Subsection 4.02.27.B explicitly states that a Variance from the requirement of Subsection 4.02.27.A may be petitioned from the BZA when a literal enforcement of the standards would rcsult in unneccssary and undue hardship, and when it would not be contrary to the public interest. As such, other propelties also zoned SR29COSD and faoing such a hardship are entitled to lllilke this Variance request. Therefore, similarly situated propctties are confcrred the same consideration. f, Will granting the Variances be in harmony with the general intcnt and purpose of this Land Devclopment Code, and not be injurious to the neighborhood, or otherwise detrlmeutal to the public wclfare? Yes. The proposed Variance would allow the applicant to gain access to his properly in a Imumer that is halmonious with the purpose and intent of the LDC. Furthermore, it would not be injurious to the neighborhood or detrimental to the public welfare due to the access' proposed location, which maximizes the distance from the cxisting access points on the adjacent commercial parcels to the north and south, and maintains a safe distance from the Lake Trafford Road intersection. g. Arc there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No, there are no natural or physically induced conditions that would ameliorate the goals and objectives of this regulation. h, Will granting the Variances be consistent with the Growth Management Plan (GM1')"! Approval of this Variance petition would not havc any affect on the Growth Managemen1 Plan. VA-2008-AR~13601 (1 ]-25-08) P8ge4of6 AJsnda item No. 17e January 27,2009 Page 13 of 29 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC docs not normally hear Variance petitions and did not hear this one. RECOMMENDATION; Staff recommcnds that the CCPC forward Petition V A-2008-AR-] 3601 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. All access to State Road 29 (15th Stree1 North) Ii'om the 9.04 acre tract shall be through the access location approved as part of this variance, even if portions of the property are subsequently sold to another owner. VA-200S-AR-1360r (11-25-08) Page 5 of6 -r Agenda item No. 17e January 27, 2009 Page 14 of 29 PREPARED BY: /2 . JOHN AVID MOSS, CP, PRINCIPAL PLA1\TNER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ((-<':>-01) DATE REVIEWED BY: tl',Lrm_ ~~ ASSISTANT COlJNTY ATfORNEY !1<J-S: ~() 7 DATE ,/S-~. RAY N V. BELLOWS, ZONING MANAGER DEP RTMENT OF ZONING AND J ,AND DEVELOPMENT REVIEW 1/- zy- 0 3' DATE ~i/) L/n.~4,.o .!/ht,-Io<;: "'SUSAN MURRA Y-ISTENES, AICP, DIRECTOR / DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOS CO ~~~~ .~A,/.Jv-- H K. SCHMITt, ADMINISTRATOR DATE UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION . MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the January 27, 2009 Board of County Commissioners Meeting. VA-200S~AR-J :1601 (l1-25-0S) Page 6 ofB COLlIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW Yi'/iW.COLLlERGOV.NET (i) Agenda item No. 17e ,Ianuary 27, 2009 Page 15 of 29 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 2S2-6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT) VA-2008.AR.13601 REV: 2 [SUNCOAST SCHOOLS FEDERAL ] CREDIT UNION PROJECT: 2008010070 DATE: 9/26/08 DUE: 10/10/08 Above to be completed by staP' L APPLICANT I AGENTINFORMA TION ~ -- NAME OF APPLlCANT(S) OKEECHOBEE INN LTO ADDRESS 802 NW 1ST ST, SOUTH BAY, FL 33494 TELEPHONE # 56 t -996-8080 CELL # E.MAIl ADDRESS: STEVE.ROY AL@THEROYALCOMPANIES.COM FAX # 561.996-8327 NAME OF AGENT GINA R. GREEN, P.E, ADDRESS 33101 ST AVENUE NW, NAPLES, FL 34120 TELEPHONE # 239-348-0500 CELL # 239-229-6238 E.MAIL ADDRESS: GGREENENG@AOL.COM PROPERTY DESCRIPTION FAX # 866-720.4B23 Legal Description of Subjod Property: Sedion/Townshlp/Range 32/49/26 Property I.D.#: 00076960006 Subdivision: n/a Unit Lot: Block: Metes & Bounds DS5cription: See altached Acreage: 9.04 Address of Subjec.t Properly (If dIfferent from Petlfioner's address): SR 29, Immokalee, Florida BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIO!l!S, Collier Cmlllly Applicalioll 2008 ASSOCIATIONS Agenda Item No. 17C January 27.2009 Page 16 of 29 I r Complete the following for 011 registered Assoclation(s) that could be aFfected by this petition. Provide oadilional sheet5 if necenary. Informa'ion can be found on the Board of County Commissioner', web5ite at !J.!:tgJi www.collrergoy.neT/lnde xJm.px~P~Qg e =Z?4 NAME OF HOMEOWNER ASSOCIATION, N/A MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP --~ ADJACENT ZONING AND LAND USE Zoning land Use N C-3-SR29COSD S C-4.SR29COSD/C.3.SR29COSD E SR 29 R/W, C-I -SR29COSO W RSF-4 Improved Commerlcal Improved Commercial Improved Commercial Improved Residential Minimum Yard Reauirements for Subiell!r2p....!Ut.y; Front: 30 Side: 15 Rea" 15 Corner lot: Yes 0 Ye.D No [ZI N. [ZI Waterfront Lot: BE ADVISED THAT SECTION 10.03.0S.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Collier COlmly i\ppjjcatioll 200S 2 Agenda Item No. 17e January 27,2009 Page 170129 NATURE OF PETITION Provide a detoiled explanation of the request including what strudures are existing and what is proposed; the amount of encroachment propoied using numbers, 1.e. reduce front setback from 25' to 18'f when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessarYI how existing encroachment camG to be: etc. For projec:tI authorized under LDC Section 9.04.02, provide detailed description of site ollerotlons. Including any dredging and filling, N/A Please note that staff and the Collier County Planning Commission sholl be gvlded in their recommendation to 'he Board of zoning Appealsj and that the Board of zoning appeals sholl be guided in its determination to approve or deny a variance petition by the below Ilsted criteria 11-8). (Please address the,e criteria using additional pages If necessary.) 1. Are there special condttlons and circumstances existing which are peculiar to the location, size and charocterlS11cs of tile lond, structure, or building Involved. This Is on existIng parcel of land that is deficient in width for access in accordance with Section 4.02.27 Specific Design Standards for the Immokalee--State Rood 29A Commercial Overloy Subdistrict of the lDC which requires that parcels with 0 frontage less than 440 feet ore required to obtain a variance in order to take access from SR 29. ThIs parcel Is has no other viable access due to lts location to improved adjacent parcels and the residential development to the west. 2. Are there spedal conditions and circumstances which do not result from the action of the applicant slJch os pre- existing conditions relative to the property whlc:h Is the subJect of the varlonce request. The existing parcel has been titled in its present configurolton prior to the existence of the lDC and has on undue hardship for access. The property has no other viable access other than SR 29. It i, bordered by existing commercial sites that due to the configuration of their access cannot provide access to this parcel. The rear of the site Is bordered by existing improved residential which Is not 0 desirable access dlJe to the commefclol nature of this property. 3. WTJI 0 literal Interpretation of the provisions of this zonIng code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes/ the site has not other viable means of access other thon SR 29. 4. Will the varlance, if granted, be the minimum variance that wlU make possible the reasonable use of the land/ building or structure and which promote stondards of health, safety or welfare. Yes, this variance would provide access for all possible uses of the property. 5. Will granting ine variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures In the same zoning district. No, other commercial properties with frontages less than 440 feet are allowed to take access from SR 29 In this area. The parcel to file north and tw'o parcels on the east side of SR29 are less than 440 feet wide and take their access from SR29. 6. wm granting the varlonce be in harmony with the intent and purpose of this zoning code, and not be injurious to 1ne neIghborhood, or otherwise detrimental to lhe pubHc weifare. Collier County Application 2008 3 . . /\aendF! Item No. 17C No, this access would not be Injurious to the neighborhood or have any detrimental effects to the pubMc "i51'i8~ 27, 2009 Mony businesses already utilize SR29 as theIr principal means of access and this particular parcel Is of the s~~e 18 of 29 character os these other parcels. 7. Are there natural conditions or physically Induced conditions that ameliorate the goals and obiedlves of the regulation such as natural preserves, lakes, golf course, etc. No natural conditions exist, but the parcel wlll be designed in accordance with the LDC to provide landscape buffers and vehicular and foundation plantings as required by "the code. 8. Will 91'0nting the variance be consistent with the growth management pion.. Yes, this parcells allowed to be developed in accordance with fhe (-3 zoning that Is presently on the property. The access lssue thot was created when the Overloy DistrIct was created is the only item that Is not ire conformance with the codes. C...lIicr Cuullty Applicatiou200R 4 VARIANCE PETITION (VA) APPLICATION SUBMITTAL CHECKLIST Agenda item No. 17C January 27.2009 cag' 19 of 29 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION, NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED Completed ApplicatIon (download from webslte for cur~ent form) 15 X - IX! n Pre-ApoUcotlon meetIng notes 15 Completed Addresslno Checklist, Signed by Addressino Oeportment____ - I X -.- - Conceotual Site Plan 24" x 36" and one 8 y, . x 11" cooy 15 IX! Survey_of oroperty showing the encroachment (measured I~feet) 1 I2<J Owner/Agent AffidOYit signed & notarized 1 -(8] Deeds/legal's _.~.__.. 2 .- Location map 1 ..- '---".' -. 131 Aerlal photographs (taken withIn the previous 12 months min. scaled 5 1 "=200'\, showlna FLUCCS <:;odes legend, and oroiect boundarv .. . n- Electronic copy of all documents and plan. (CDROM or Oiskettej 1 I2<J _..-. .-,- _.V' lXr Hlstorlcol Surveyor waiver request 1 I I Environmental Impact Statement (EiS) and digital/electronic copy of EIS or exemption iustificatlon 3 0 131 Within 30 days after recelot of the fIrst revlew comment letter. provide 1 X Property O~~!.r Advisory Letter and CertIfIcatIon - FEES: I2l Pre-applicatian Fee $500,00 (Applications submitted 9 months or more after the dole of the lost prlHlpp meeting shall not be credited tawords application fees and 0 new preoQpplicotion meeting will be required.) Review Fees: o $2000.00 Residential I2l $5000.00 Non-Residential o $2000,00 Sign Variance o After-The-Fact Zoning/land Use Petitions 2x the normal petition fee !Sl $760.00 Estimated Legal Advertising Fee - cepe Meeting I2l $363.00 Estimated legal Advertising Fee - BCC Meeting (any Qver- or under-payment will be reconciled upon receipt of Invoice from Naples Darty News). o $2500.00 EIS Review o $1000.00 Listed Species Survey (If EIS Is not required) OTHER REQUIREMENTS, D~ D~ 0_ /,~--9A-~ _rE!~cP Collier County Appliontiun 2008 5 u_.__~.._.~~ Agsnda Item No. 17C January 27, 2009 Page 20 of 29 Narrative Description Okeechobee Inn L TD Variance Petition The Variance Petition is for a property located in lmmokalee Florida on the west side State Road 29 just north of the Lake Trafford Road intersection. It is a vacant parcel that is presently zoned C-3 in the State Road 29 Overlay District. The parcel is located in Section 32, Township 46 South, Range 29 East. The project has development located on all sides of the property. The north, south and easterly parcels are improved commercial zoning and the westerly parcel is an improved single family residential subdivision. The overall parcel is 9.04 acres. The Folio Number is 00076960006. The zoning classification for the parcel is C-3(SR29COSD). The parcel is presently seeking a Lot Split to accommodate the development of a Suncoast Schools Federal Credit Union Branch. The proposed Credit Union parcel will be a 1.68 acres parcel which witl be developed solely for the Credit Union. There are no present plans for the balance of the parcel. Both parcels will take access from State Road 29 from a proposed access easement that is being created in conjunction with the Lot Split Applicalion. Both parcels are in compliance with the LDC code measurements for size and width. All commercial developments surrounding this parcel take access from State Road 29. We are proposing the access to be located in central portion of the project to maximize its distance from neighboring entrances and distance from the State Road 29 and Lake Trafford Road intersection. State Road 29 has an existing center turn lane that accommodates this propmty. A right turn lane is proposed to allow access fi'om the north. VA-2008-AR-13601 REV: 2 SUNCOAST SCHOOLS FEDERAL CREDIT UNION PROJECT: 2008010070 DATE: 9/26/08 DUE: 10/10/08 J Agenda item ~Jo. 17C January 27, 2009 Page 21 of 29 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (f) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 VA-2008-AR-13601 REV: 2 SUNCOASTSCHOOLSFEDERAL CREDIT UNION PROJECT: 2008010070 DATE: 9/26/08 DUE: 10/10108 VARIANCE PETITION L _~Ei Dimensioned , DlIte.~ Time. \\G<~ Projed Name: ~I..l.,...{'.c,.r...tr\- PRE-APPLICATION MEETING NOTES * & SUBMITTAL CHECKLIST A.slllned Planner: __~_~ ., \ \, t ~ <-.I"",,", ~ <.\"0" \ S ~."'-<:~v c' \ GH..ch;~ U".:" ~ AlC <::S~ "\JC;('{,,,<"c' Proieot Addr ILoclIti on: Applicant Name: Chi",,,, \\n.1'."", Phone: 3'-\'0 - 0", 00 Firm. (''1' ....e...... S~~'" ,.r: "J Current Zoning: C. -:? . s , 2.'"'\ CO,,," '\) Owner Nume: 0 ~ILC"'..\-""\'.,-,,, 'on,., \),.,t Owner Address,___ 007- N...J \$r.. S-\-,""',\- Phon.: <i..~4.\.... \h..~, tt..- '1:; l.\"l.:} Meeting Allendees: (Clllach Sign In Sheet) NOTES. ~ _ /.lO""A"' 1 ()r0 9lt.vwr.....c; - G w.. ~~'OrcJS . t0t:> r.e...FFiG o~ ,>1n;.. ,S'i~e<;. Z-o". W ~ ,,\, .-'.-r " Co"0 .. -S\"" \",,,y O\S ~\r-, ""> ~'^< \e-: 0':"- -~ . If telephone pre..appllcatiofl meetIng Is held, cllred the petitioner to coordinote wllh Undo concerning the requTrerneflt for the petitioner to sefid the notice letter to the surrounding properly OWf\6rs or to give them Ihot informatlon Ihat Uflda typlcuHy provides them 1 Agenda Item No. 17C January 27. 2009 Page 22 of 29 VARIANCE PETITION (VA) APPLICATION SUBMITTAL CHECKLIST ~l THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED aELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE, INCOMPLETE SUMBITTAlS WilL NOT BE ACCEPTED, .-~.__. --- - -- .- #OF ...~- NOT REQUIREMENTS COPIES REQUIRED REQUIRED COlnoleted AoolicoilonTdownlcad f,om web.ite for current fo,nli--- X - 15 P,e-Aoollcatlon meellna note. y---- ~_._._. 15 .--- ComDleled Addresslna Checklist Signed by Addre,~ln~ Department _ .a,.. X Conceotual Site Plan 24" x 36" and on" ~.Y~::"~ 11" coP.Y.______--1 ;J' J/J .- K Survey of property ,howlng Ihe encroachment (mea,ured in feet) 1 y - Owner I Agent Affidavit 'lgn~_d & nota,'lzed 1 ---~ ...--- ..-- Deed./legal', 2 -- Y Locatlon map 1 Aerial photographs {taken within the p-r~~j~us'-12 months mill. scaled - - 5 X'. 1 "=200'l. shewlna FLUCCS Co~.L.eg,,"d, and prolect b_oundary____ - Electronic copy..o! all documents C1nd plan. ICDROM or Olskette) 1 x:' , --.----- . -- HIstorical Surveyor walver request 1 N Envlronmontallmpact Statement lEIS) and digital/electronic copy of -.-..... -f EIS or eKemption iu,lIfitallon 3 )Z Within 30 dews after reeelpt of the first revIew comment letter, 1 X' provide Properly Owner Advl,ory Le1ter and_ Certlflcaflon Proiect Narrative 15 'X -- D Send copY;;Trevle-;-packag" to Robln-.Si~g;r; Planning Director, Cliy~f ~~aple' 295 Riverside Circle, Naples, Fl 34102 ~, )CI. Pre-application Fcc $500.00 (Applicgllon. .ubmltted 9 month. or more after Ihe dale of Ihe 1".1 pre-app meeting sholl no' be Cfodlled towards "pplication fees ond g new pre-application m.eting will be required,) Review Fo os~ o $200D.00 Re.ldentlal ~$5000,OO Non-Re,ldentlal o After- The-F"ct Zonlng/l<",d U,e Petition, 2x Ihe normal petition fee E:: $760.00 E'tlmated legal Advortislng Fee - CCPC Meoting lS\ $363.00 Estimated Legal Advertl.lng Fee - Bec Meeting (over. or undor-payment will be reconciled upon r.<elpl of Invoice from Naplo, Dally Now.). o $2500.00 EIS Reviow OTHER REQUIREMENTS, o D. D_~_ Date Agent/Owner Signature 2 Agenda Item No. 17e January 27,2009 Page 23 of 29 PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03,05 F.3, "Any applicant requesting. variance approval or parking exemption approval must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a ietter indicating that the application is sufficient." Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subjeot site were notified. Letter must have property owners list attached. Property owners list must be submitted after initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County PI~nnint1 I:nmmic::<::ir\n ,t-\genda Item ~Jo. 17C January 27. 2009 Page 24 of 29 4.02.00 SITE DESIGN STANDARDS Page 1 of 1 4.02.27 Specific Design Standards for the Immokalee--State Road 29A Commercial Overlay Subdistrict A. Access points to SR-29 shall comply with Florida State Department of Transportation (FDOT) permitting regulations. Parcels that do have a minimum of 440-feet of street frontage shall provide access off existing adjacent roadways, when possible, and should not access to C::O.,,)Q U(J)'" ~ON :"-0,,- ,~- NO -en i;jN '" >>OJ ~(uro -:;>D.. CO'" -0 CO C-, OJ (J) <( ~ 'S ~ ~ = o ...... ...... = ~ = ~ ~ l-< ~ ~ ~ rJJ. ~ ~ I-( 00. 'if) ,:) (!) -z t;.l ;:: - ... _W _.9 :e ... o ... 5.~ '. (.. (, U1 vt q' J ''V j ./ tV ~ .~- J III ...-; ~ .~ \/l w .~~ :E '1. <( :i:z ~, ti ) ... ,^ .., v., 0 '" l1. ~...-l-c .! .,) > ., <II c:: ') _ !1 c CD E e.. o Gi > CD CI g ~ ... ., all ,. cO m .5 oJ c .- o -...-; N./) '0 .5 - c CD E t: lJ '" c.. '" CD CD CI .u - "l:l ~ { ~ ,. rs;> J % r'\ ;J S~ , \-.1 \.f> ffi 0 z z ~ di ... ..a a.. E CI :l ~ Z ~ CD Vi c V> 0 <t ii: <l :E I W '{ S ~ . ~ w c:: CI CI <( ... ;;( :E I W o o "0 c-: W w :J: (f) :?!O z [0 iii 1ii o C) N '" E 5 li- e o '" .~ n. o. <t ~ ~ e l!! ~ " ~ Cl c:: w llQ :E ::l Z w Z o :x: a.. :QO ~~ . \ N Vl IN l- e.. w CI -- z Q::E '^c:: S;ii: is .. >- 0 I- Z ;:) o u ~ c:! cr> :> l!! ~ "' 03 -0 ID '" .;; i2 ~ Z Agenda item ~,.Io. 17C January 27, 2009 Page 26 of 29 RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2008-AR-I3601, FOR A VARIANCE FROM SUBSECTION 4.02.27.A. OF THE LAND DEVELOPMENT CODE, TO ALLOW ACCESS TO STATE ROAD 29 FOR A PARCEL HAVING LESS THAN THE MINIMUM 440 FEET STREET FRONTAGE WIDTH, ON PROPERTY LOCATED ON THE WEST SIDE Of STATE ROAD 29 IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, AS 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 estahlish, coordinate and enforce zoning and such busincss regulations as arc necessary for thc protection of thc public; and Vi1{EREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amcnded) which establishes regulations for the zoning of particular gcographic divisions ofthe County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a puhlie hearing after notice as in said regulations made and provided, and has considered the advisability of a variance to Subsection 4.02.27.A. of the LDC to allow access to State Road 29 for a parcel having less than the minimum 440-foot strcet frontage width, as shown on the attached Exhibit "A", in the Commercial Intermcdiate (C-3) Zoning District within the Immokalee-Statc Road 29 Commercial Overlay Subdistrict for the property hereinaHer described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters requircd by said regulations and in accordancc with Section 9.04.00 or the LDC for the unincorporated area of Collier County; and WHEREAS, all interested parties havc been given opportunity to be hcard by this Board in public meeting asscmbkd, and the Board having considered all matters presented. NOW, TIIERlJFORE, BE IT RESOLVED BY TlIE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Agenda Item No. 17e January 27,2009 Page 27 of 29 The Petition Number V A-2008-AR-13601 filed by Green Engineering, Inc. on behalf of Okeechobce Inn, Ltd., with respcct to the property hereinafter described as: The Southerly 322.6 feet of the Northerly 645.1 feet of the Southeast Quarter (SE'l<) of the Northeast Quarter (NE v,) of Section 32, Township 46 Soutb, Range 29 East, Collier County, Florida. Excepting therefrom the right of way for State Road No. 29 over and across the Easterly 100 feet thereof. be and tbe same hereby is approved for a variance to Subsection 4.02.27.A. of tbe LDC to al10w access to State Road 29 for a parcel having less tban the minimum 440-foot street frontage width, as shown on the plan attached as Exbibit "A", in the zoning district whcrein said property is located, subject to the conditions attached as Exhibit "B". BE IT FURTHER RESOLVED that this Resolution does not waive any state or county requirements for owner to obtain a right-of~way permit for construction of a driveway connection. BE IT FURTHER RESOLVED that this Resolution be recorded in tbe millutcs of tbis Board. This Resolution adopted after motion, second and majority vote this day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clcrk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney ,I I'r-G ,,-)1> >f\ ;v1; ,'V 08-CPS-00884/15T11'AC ]2-22-08 2 --r I L. ~ -~ 11 " M ~ I :j ~ . ~ DO. l 0 P 0 61;, (). 0 , e " " o , Agenda Item No. 17e i L , ;,09 Page 28 of 29 'I ~ ~ " ~ ~ '^ I" .-.-.-._.-~.-.-.-- \ , " III i i gj~ . , I .z w ," ~ ~~ ',I ~ ~~ , ',' Vl S 1'- " ~ II ~ 0 ~ ~ w " n " a " 0 " 0 Z ~ I ~ ~. J,,,lj '" ;:: I LAK[ 'I~Nrc:p.D RO^I) ~ _ -____ -Lao 6 .--.....--------... ., l'lI,IlI_ -...... Exhibit A <'~:-G~ q_.'''''''.'~~ ~-V 01'"'' "'t,.'-":'''~~ _ ....-I:l;:........"" ~ '~_.,.~~ I~";~~~ ~~~:: .-::-- ---"" GINA R GREEN ........-~ ' l"~ '" <\1:..... "."'W1'M::',';...l';~...,, u " ~ ~ ~ lI:J=- STREET " ~ ~ Agenja Item ~Jo. 17e January 27, 200 Page ~~IOf2, I II CONDITIONS OF APPROVAL V A-200S-AR-13601 DECEMBER 18, 200S 1. All access to State Road 29 from the 9.04-acre tract shall be through the access location approved as part of this Variance, even if portions of the property are subsequently sold to another owner. 2. The slope easement depicted on the site plan adjacent to the access drive shall be modified, if needed, to include public and/or private utilities. 3. The site plan attached as Exhibit A, entitled "Conceptual Site Plan" is conceptual in nature, with the final location of the access point to State Road 29 to be detennined at the time of permitting by the by the Florida Department of Transportation. EXHIBIT B 1,"00 \~'i. y..~ \"j,.'V ,'V i I