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Agenda 06/09/2009 Item #17D Agenda Item No. 17D June 9. 2009 Page 1 of 34 ,..-"" EXECUTIVE SUMMARY PE-2008-AR-14071 Sandbanks LLC, represented by Michael R. Fernandez, AICP of Planning Development Incorporated is requesting a Parking Exemption pursuant to Land Development Code Subsection 4.05.02.1(, to allow 63 parking spaces of a proposed 195- space parking lot to be placed off-site on property with a Residential Single-Family (RSF-4) zoning designation. The proposed off-site parking lot would serve the Midtown Point commercial development located on the east side of US-41 North and the north side of Rosemary Lane, in Section 22, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider an application for a Parking Exemption to permit an off-site parking lot pursuant to Subsection 4.05.02.K.3.c, of the Land Development Code (LDC) to allow 63 parking spaces of a proposed 195-space parking lot to be placed off-site on property with a Residential Single Family (RSF-4) zoning designation, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: ,d'-' The applicant seeks a parking exemption to allow 63 parking spaces to be located off-site on a 0.69:1: acre lot in the Residential Single-Family (RSF-4) zoning district. The subject C-4 parcel currently contains a strip commercial development and restaurant that is approximately 12,000 square feet in size. The off-site lots contain vacant cleared land and a single-family home which will be razed for the development of the off-site parking lot. The property owners intend to redevelop the subject site with office and commercial land uscs and will increase the maximum building area to 60,000 square feet with a maximum height of 75 feet. FISCAL IMPACT: The Parking Exemption petition by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the Parking Exemption is approved, the principal commercial site could be redeveloped and the new development will result in an impact on Collier County public facilities. -- The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrcncy management, the developer of every local development order approved by Collier COW1ty is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collectcd prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the PE-2008-AR-14071 June 9, 2009 Page 1 of 3 Agenda Item No. 17D June 9. 2009 Page 2 of 34 County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property (2.55::l: acres in total) is designated Urbani Urban Mixed Use District/Urban Residential Subdistrict, as identified on the Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan. The principal commercial site, comprising 1.86:1:: acres, has a General Commercial (C-4) zoning designation. The C-4 zoning at this location is not consistent with the locational criteria in the FLUE for commercial development. However, this site is identified as "improved property" on the Consistent by Policy Maps in the FLUE, therefore, this property's zoning is deemed consistent by policy and, pursuant to policy 5.9 in the FLUE, the site may be developed or redeveloped in accordance with the C-4 zoning on the property. The site is presently developed with commercial uses and redevelopment of the site is proposed. The proposed off-site parking lot, comprising 0.69:1:: acres, has a Residential Single-Family (RSF-4) zoning designation. Parking for uses not permitted in this zoning district, such as commercial uses as proposed on the abutting (principal) site, is not typically allowed; however, Section 4.05.02.K, of the LDC provides for this requested parking exemption to allow off-site parking on land not zoned commercial. The FLUE is silent regarding the off-site parking use, however. the LDC provides for off-site parking on non-commercial zoned property to serve commercial uses, and that provision was deemed consistent with the FLUE by the Board of County Commissioners via its adoption and incorporation into the LDC, in other words, consistent by policy. Based upon the above analysis, the proposed off-site parking may be deemed consistent with the FLUE. Transportation Element: The Transportation Services Division staff has reviewed this petition and found no cause for objection to the placement of parking east of the C-4 zoning boundary. ENVIRONMENT AL ISSUES: There are no environmental issues associated with this Parking Exemption. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition as they do not normally hear Parking Exemption petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PE-2008-AR-1407l on April 16, 2009, and by a vote of 8-0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a PE-2008-AR-14071 June 9, 2009 Page 2 of 3 Agenda Item No. 170 June 9, 2009 Page 3 of 34 recommendation of approval subject to the following conditions which have been incorporated into the attached resolution: 1. The Parking Exemption is limited to a maximum of 63 parking spaces and limited to employees who work at The Midtown Point development. 2. Parking Exemption Commitments (Exhibit C) and as depicted on the conceptual site plan (Exhibit B) of the resolution. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. This item is quasi-judicial and as such, requires ex parte disclosure. This item requires a majority vote only. (STW) RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve the request for PE-2008-AR- 14071, subject to the Parking Exemption Conunitments (Exhibit C) and the conceptual site plan (Exhibit B) of the resolution and the cepe conditions of approval that were incorporated into Exhibit A of the Resolution. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PE-2008-AR-14071 June 9, 2009 Page 3 of3 Item Number: Item Summary: Meeting Date: Page 1 of 2 Agenda Item No. 170 June 9, 2009 Page 4 of 34 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17D This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PE-2008-AR-14071 Sandbanks LLC, represented by Michael R. Fernandez, AICP of Planning Development Incorporated is requesting a Parking exemption pursuant to Land Development Code Subsection 4.05.02.K. to allow 63 parking spaces of a proposed 195-space parking lot to be placed off-Site on property with a Residential Single- Family (RSF-4) zoning designation. The proposed off-site parking lot would serve the Midtown Point commercial development located on the east side of US-41 North and the north side of Rosemary Lane, in Section 22, Township 49 South, Range 25 East. Collier County, Florida. 6/9/2009 9:00:00 AM Prepared By Melissa Zone Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 5/14/20097:04:45 PM Approved By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 5/15/2009 2:58 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 5/18/20092:51 PM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 5/19/2009 1 :51 PM Approved By Steven Williams Attorney's Office Assistant County Attorney Date Attorney's Office 5/27/200910:59 AM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 5/27/2009 11: 21 AM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 5/27/2009 1 :47 PM Approved By file:IIC:\A~endaTest\Exnort\ l11-June%209.%202009\ 17.%20S1 iMMA RY%?OAGF.NDA\ 17 f)!iOOOQ Susan Istenes, AICP Community Development & Environmental Services Page 2 of2 Agenda Item No. 170 June 9, 2009 Page 5 of 34 Zoning & Land Development Director Date Zoning & Land Development Review 5/28/2009 9:35 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin, 5/28/2009 12:57 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 5/29/20098:35 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 5/29/20098:46 AM Approved By Leo E. OChs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/29/2009 5:53 PM file://C:\AgendaTest\Export\l 3 I -June%209.%202009\ 17.%20SUMMARy%20AGENDA\1 7... 6/3/2009 Agenda Item No. 170 AGEND~mMJ~.4009 Page tl aT 34 r County ~'1~~""~"ll STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 16, 2009 SUBJECT: PE-2008-AR-14071: MIDTOWN POINT PROPERTY OWNER/AGENT: Owner: Sandbanks, LLC 700 Old Trail Drive Naples, FL 34103 Agent: Michael R Fernandez, AICP Planning Development, Inc. 5133 Castello Drive, Suite 2 Naples, FL 34103 REQUESTED ACTION: To have the CoIlier County Planning Commission (CCPC) consider an application for approval of a Parking Exemption (PE) pursuant to Subsection4.05.02.K.3.c of the Land Development Code (LDC) to allow 63 parking spaces of a proposed 195-space parking lot to be placed off-site on property zoned Residential Single Family (RSF-4). The proposed parking lot would serve the Midtown Point development which has a General Commercial (C-4) zoning designation and is limited to a maximum of 10,000 square feet of retail and 50,000 square feet of office space. GEOGRAPHIC LOCATION: The total subject site consists of 2.55:1:: acres and the proposed off-site parking lot consists of 0.69:1:: acres, and is located on the east side of US-41 North, on the nOlth side of Rosemary Lane and on the south side of Ridge Street, in Section 22, Township 49 South, Range 25 East, of Collier County, Florida. (See location map on/allowing page) PURIJOSE/DESCRIPTION OF PROJECT: The applicant seeks a parking exemption to allow 63 parking spaces to be located off-site on a 0.69:1:: acre lot in the Residential Single-Family (RSF-4) Zoning Designation. The subject C-4 parcels currently contains a strip commercial development and restaurant that is approximately 12,000 square feet in size. 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TREES 25 FE-~T ON eEt'HER iNSTALLED '.'mH A MHH.\UM HEIOHT OF 16 FEEl o June 9, 20 9 Page 8 of 4 PARK!!;::; E.XENPTI:):/ ~,REA I' rl I: I' I' ~' /. r 0' t-!L , ..._, I LJ~[",. 'lJ, 'o._~___,---" USolS HCmlt ./ , ~ COLlIEN: COUNTY LAND OE\'eLO?t.'E~JT CO~E (LOC) TYPE D 10' FT. MINiMUM WID1H DUFFER \ViTH mTEGRA1EO'" FOOT HIGH: PREFASRlC^TEO CCJllCRETE 'UALLJrElmr. \":lTII SHRUUS ON DOTH 5!OESTO BE MAIUTAlUSD AT A Mm'.IUM H:iIGHTOF e FEET~Atm. TREE!: 30 FEET ON CEUTER II~STALLED WITH A U'N:'.ILJM HEIGHT or ,.. FEET. rut:\'.lDTH BLlFFFR' CO~LI5R COt)UTY LA~.:D DEvELOPMENT CO:JE (LOC) TYPE 0 10. fl. ',':~~IMUM \",,10lH BUFFER ~'.'jTH I!\'TEGRJ.;.TeO 4 FOOT HIGH PREfABHICA.TEO CONCRETE WAlunNCE WITH SHRues ON BOTH S'DES.o EE 'Mdl-ITAl:.E.D AT A t.','N!~.!W,1 HEIGHT OF tJ, FEET: /..NO. TREES a:. FEET ON CENtER INSlAlLED WliH AJ,~lNrMUM HElmlT OF 14 FEET, C4 Cemm8rd.l l(ln~t'9 D.!t"i:t PROVIDED PARKING: (P,r..RK1NO EXEMPTlOl: AREA) fiJ PAqM~G SPACES (<~~l Fl$F..; RQ~id(tflUlt\ Zonng O..~cl '-{'::-iESToFPARKIN(tix~,:W1iDNj.''''-- tJ2 PhRttlt;C SPACES (;oe7%~ C4 Comlt\.r=iIi12Gnin-~ O'S,....... R$F-4 R.,;tIerrtill o'"~ C;s't~ Hi5 TOTAL PA.RKlNG SPACES (1Ol)t",) IJTtNUOUS '''~A '.. EXTENDS \VE.STW;'R~ TO LANOSCAPE.DDRIIJEWAY EIHRY 15LA~mS ON R!JGE STReET AI:D ROSEMARY LAI.;E AS DEPICTED RA";BUHER: COLLIER COUNTY LAJ;O DEVeLOPMENT CODE (l DC) 'TYPE 0 10. FT, I.'INIMUM WiDTH BUFFER ~"T'TH TREES 2S FEET ON CENTER INSTAllED \"/ilH A MINlt.!UM HEIGHT OF 10.12 FEET: AND, COUBLE. RO"~' HEDGE 0;: SHRuas MAl~nAtNF.D AT A. M:SII.tUM or 30 INCHES IN HEIGH-T. ~ CO~UER COUNTYLAI~n OE\"'Et..OPL~ENT CODE (LOCJTVPE D '0' FT. MlNIMUt,I W101H BUFFER \'IlTH TREES 20FEEI ON CEN1ER IUST^LLEO W1TH A MINIMur.~ HEIGHT OF 10.12 FEET; Arm. OOUBLE RO'''.' 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T,.!t CCtlll'Llih ,'..U.' 11\' r"ll-1", \1'~l:'T,n,','i: ~'-:.>/o~~': ,.r,: 1O"::r:!'.::::.zot':>.'!~,!' p.:....." H;;f:on ...;C'.:,~,:"::',~ !.~~ ~~ ~..~~ :iff..:; ....J.;... h'E C~"'-n5;1E ..z!)~~ Si~J.a~.!o Q~"'/j!.:".")l'All1MI~Dl0.A.,",:;':mOl' C r.:~. II";; Pili 10.' fHT: ~..! 1"tt5 "j 1:': U.': CT ;'.:iT~l...To.'lf.lllJt f>! "M~"V.."J or UCi~~I;; r:....r~,Tirr.lll: i'o:r.' i', ..E>9lf1 HA..-.: Al:"".:UCl..;.\"'Ui r~1'1 N':::"',;Ifl:~tl.'= lh! ;:~C'..';:::::lI"";jA;,\'t,~:):;l St"~A,D ~~~7E~~~.E};~.:!~~1;~~~~.~~~~~~ 1~~~g\: j':'-:':,~ ~':;"i i;:~..; ~':~1 :.. ~,-,:.cr.,:; j.~ <:",i.; (.A~tss or:.:; !=En P.'f"fY.l..=:>~,iT,..;";;.ts-'~!'."l;.O.l,, PLANNING DEVELOPMENT INCORPORATED MIDTOWN POINT CONCEPTUAL SITE PLAR O~ Cl.oOl".'EHT cC~':Wt T~JiT.f. HI:lJ~~Ht5. F..,I-"'~!RS "".1) tA..i.I~~~ f J.,~.l~r:r~ 1:~~~!,,""', ~,,~""""l""'" '" '.........,<;......"...,.....""'............... INnW+llI. He 1'tOt:Ulnu.a.1Wo'E hl.."\.[6.l\..MI4t ~D90._"""'__~ :.rAP~!::S, fU:ROI.. ~ ~ 51~~ ~slF.ltoorjj..r,:. SU.1::,. u~r>~n. no"o!. ~~\::u Agenda Item No. 170 June 9, 2009 Page 9 of 34 development of the off-site parking exemption lot. The property ovmers intend to redevelop the subject site with office and commercial land uses and will increase the maximum building area to 60,000 square feet with a maximum height of 75 feet. Exhibit B for this petition depicts generalized areas of development, parking and traffic access which is from Ridge Street and Rosemary Lane. SURROUNDING LAND USE AND ZONING: North: West: Ridge Street, Professional Offices, with a zoning designation of Planned Development in the City of Naples, and Single-Family homes, with a zoning designation of Residential Single-Family (RSF-4) Single-Family homes, with a zoning designation of Residential Single-Family (RSF-4) Improved Commercial, with a zoning designation of General Commercial (C-4), and Single-Family and Multi-Family homes, with a zoning designation of Residential Single- Family (RSF-4) Tamiami Trail (US-41), Improved Commercial with a zoning designation of Highway Commercial in the City ofNap1es East: South: AERIAL PHOTO . ':JU:~, .C':.:u.rl1~~~ ,Pr~..p-~~y .~tcJj;.:1>:~~r~N~:p-~:;:;. FL.:' Page 2 of7 1'I,'-08-AR-l-I07/, March 22.2009 Agenda Item No. 170 June 9, 2009 Page 10 of 34 CITY OF NAPLES ZONING MAP III HC, Highway Commercial o PD, Planned Development I I ! \ ..~~:"....,:;L"~"'1"<'I'-,J I l . . I I --"i."I"~~-t-"'-r"~>"-"---"" --- i I \ i PD · l l! J~ . ! I ' - --- Ii, · I" . : · I I I I .I_.._.._.._.._.._..I~ ~""",.wr_~_~"_>l'" ~",..,~........., .... ~---::-RIDGEST' ('-4 Zoning RSF-4 Zoning SUBJECT SITE ~,;Hj4;..j~i;"~'i"':c'/.%:" .' ROSEMARY LN _.~ - '" -~._..__......,_..- -- ..... - .. -- .'. --. "" .-. , ~~\-<'''''''~''~'m'''~~W4''JI.'H,t~';i_,,,.,:~,''''i''' '-'":""~'~"""'r"'''''+-''''"''''''' t': "'-::":~"'''"''',f!,,'''"'>C-''''ro <"''''''''J~?t'''''''~~'''''''''''f"'~''''',t''''''''''';:' "''''''''''''',-', f , .' I, , ~ i I I i ! 1...,""-"-""'.......,"""""",..'",;""""'" i I I ! f ! i J GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property (2.55::1: acres in total) is designated UrbanI Urban Mixed Use DistrictlUrban Residential Subdistrict, as identified on the Future Land Use Map and in the Future Land Use Element (FLUE) of the Grm:vth Management Plan. The principal commercial site, comprising 1.86::1: acres, is zoned General Commercial (C-4). The C-4 zoning at this location is not consistent with the locational criteria in the FLUE for commercial development. However, this site is identified as "improved property" on the Consistent by Policy Maps in the FLUE, therefore, this property's zoning is deemed consistent by policy and, pursuant to policy 5.9 in the FLUE, the site may be developed or redeveloped in accordance with the C-4 zoning on the property. The site is presently developed with commercial uses and redevelopment of the site is proposed. PE-08-AR-l'/()71. March 22.2009 Page 3 of7 Agenda Item No. 170 June 9. 2009 Page 11 of 34 The proposed off-site parking lot, comprising 0.69x acres, is zoned Residential Single-Family (RSF-4). Parking for Llses not permitted in this zoning district, such as commercial uses as proposed on the abutting (principal) site, is not typically allowed; however, Section 4.05.02.K, of the LDC provides for this requested parking exemption to allow off-site parking on land not zoned commercial. The FLUE is silent regarding off-site parking use, however, the LDC provides for off-site parking on non-commercial zoned property to serve commercial uses, and that provision \vas deemed consistent with the FLUE by the Board of County Commissioners via its adoption and incorporation into the LDC, in other words, consistent by policy. Based upon the above analysis, the proposed off-site parking may be deemed consistent 'with the FLUE. ANALYSIS: Transportation Review: The Transportation Services Division staff has reviewed this petition and found no cause for objection to the placement of parking east of the C-4 zoning line. Zoning Review: Section 4.05.02.K.3 (a) 2, of the LDC allows a parking exemption to be sought when a lot proposed for off-site parking is not zoned for commercial uses. As part of its review of this application, staff has completed a comprehensive evaluation of the parking exemption criteria outlined in Section 4.04.02.K.3 (b), of the LDC, upon which a determination for any parking exemption must be based. The criteria are italicized, followed by staffs comments below. This evaluation will form the foundation of the Collier County Planning Commission's recommendation, which is then fOlwarded to the Board of Zoning Appeals Board (BZl\.) for a final decision. (1) Whether the amount of off-site parking is required by LDC Sectioll 4.05.04 G, and 4,05,09, or is ili excess of these requirements. I Parking Calculations Rctail: Proposed retail area = 9,600 SF. 11 space p.er 250 square feet 38 spaccs Officc: Proposed office area = 47,100 SF 1 space per 300 square feet ] 57 spaces -- Total Parkill2 Required 195 spaces Total Pat'kino Pl'ovided ] 95 spaccs As shown in the tablc above, the parking for the proposed site requires a minimum of 195 parking spaces. Total parking provided on the C-4 lots is 132 spaces and meets Section 4.05.02.K criteria that at least 67 percent of the required parking is on the lot with the principle structure; total parking provided on the RSF-4 lots is 63 spaces. The proposed 1 95-space parking lot would serve the fvlicltown Point office/commercial development. The 63 spaces VI/ill he restricted to employee parking. Therefore, the amount of off-site parking is not in excess of the LDC required parking. (2) The distance of tit e fartli est parking spacefrol1l tlzefacility to be served. The farthest parking space \vill be approximately 118 feet from the building and 180 feet from the buildings nearest entrance. (3) Pedestrian safety if the iots are separated by a coHeetor or {[rterial roadway; Page 4 of7 PFAJ8-/1R-I./07J. Marcil 22. 20M Agenda Item No. 170 June 9, 2009 Page 12 of 34 TIle lots are not separated by a collector or arterial roadway. The proposed parking will be contained on site with a proposed covered drop-ofT internal access roadway running north and south and interconnecting Ridge Street and Rosemary Lane. (4) Pedestriall ami vehicular safety, TIlere are no safety issues foreseen with tlus request. The proposed design of the parking exemption area along the eastern property line adjacent to residential property will have a minimum IS-foot wide buffer along the northeastern portion and a 40-foot wide buffer along the southeastern portion. The parking lot will have a six-foot high prefabricated concrete walVfence along the eastern boundary, and adjacent to the right-of-way (ROW) the parking lot will have a four-foot high prefabricated concrete wall/fence. The wall/fence "will have shrubs and trees on both sides. Fmthermore, sidevlalks, crosswalks, circulation striping and signage will be in compliance with all the LDC requirements. (5) The character and quality of tlte neighborlrood and the future del'elopmellt of surrounding properties. The character and quality of the neighborhood will be enhanced by the redevelopment of the existing property, and the enhanced landscaped buffer and wall noted above should improve the compatibility of the proposed 63 space off-site parking lot with the sUlT0l.1l1ding prope11ies. The exempt parking area will be restricted to serve normal office business hours of operation, and signage will be posted restricting the parking exemption spaces to hours of use between 7:00 AM and 6:00 PM, Monday through Friday. (6) Potential parking pro blems for neighboring properties. There is no direct access to the adjacent residential parcels and all vehicles must access the parking 101 from the parcels zoned C-4. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking, Internal traffic flow is designed so cars will not have to leave the site to access the parking exemption area. (8) Whether velticu/al' access shall befrom or onto residential streets. Vehicular access will be from Rosemary Lane and Ridge Street which are residential streets. The Transp0l1ation Planning Department has approved the ingress/egress to the site. (9) Wllether buffers adjacent to the property zoned residential are 15 feet in widtll and include a wall ill addition to required landscaping. The landscaping is designed to include buffers at minimums of 15 feet and 40 feet in \vidth with a six~foot concrete/fence wall. Fmthermol'e, landscape slU'ubs and trees will be placed on both sides of the wall/fence. (10) Whether the off-site parking area will be usedfor valet parking. The parking lot exemption area will not be used for valet parking. (11) Whetlter tlte off-site parking area will be used for employee par/dug. The applicant has indicated on the site plan (Exhibit B), that the off-site parking area is to Page 5 01'7 PE-08-AR-J./071. March 22.2009 Agenda Item No. 170 June 9. 2009 Page 13 of 34 be utilized by employees only. (12) Whether there are more viable alte1'1latives available. Staff concurs with the applicant that the proposed site is the most feasihle alternative for the proposed parking area without significantly reducing the scope of the project. (13) Off-street parking areas must be accessible from a street, alley or otheJ' public right-oj-way ami all off-street parking facilities IIlIlSt be so arranged tltat no motor vehicle shall have to hack onto allY street, excluding sblgle-jamily amI tlVo-jamily residential dwellings ami churches approved muleI' section 2,3.16. TIle parking lot has been designed so motor vehicles will not be required to back onto the adjacent streets. NEIGHBORHOOD INFORMATION REQUIREMENTS: For parking exemptions, the LDC requires the petitioner to notify all neighboring property owners by mail. No Neighborhood Information Meeting (NIM) is required. The petitioner provided documentation to show that the required Jetter was sent on January 15,2009. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has revieyved the staff report for PUDA-2008-AR-14071 revised on March 22,2009. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) fOlwarc1 Pctition PE-2008-AR- 14071 to the Board of Zoning Appeals (BZA) with a recommendation of approval suhject to the following conditions of approval. 1. The off-site Parking Exemption is limited to a maximum of 63 parking spaces and limited to employees ~who work at The Midto\vn Point development. 2. The Parking Exemption commitments as depicted on the conceptual site plan (Exhibit C) of the resolution. Attachment 1: Pictures of the CUlTcnt conditions or the site. Page 6 of7 PE-08-AR-J ./.071. March 22. 2009 PREPARED BY: MELISSA ZONE, P DEPARTMENT OF Z REVIEWED BY: V. . .~. ",.. .~ iJ., /, ./'! I ,o:~,/ /~' 0-----.-- RA YMgN V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW i~ AJ_l~~"- -1\0 . ) S 'bJvv-::1 ,SUSAN M.ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: Agenda Item No. 170 June 9, 2009 Page 14 of 34 dlfJ. 9~CJ$'9 DArE I I 1~!1 /t? '1 DATE I 1-\/z/O 1 DATE ( , k'--- / //v <~ -i~k9 JOS,EPH K. SCH ITT, ADMINISTRATOR DATE' I COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION V Tentatively scheduled for the Jlme 9, 2009 Board of Zoning Appeals Meeting. COLL~ER c.?V~r"lJ~LA.. NNING COMMISSION: 1l.J ll./ fiJr. II . It/ ! I VLv~ MARK . STRAIN, CHAIRMAN PE-08-AR-14071. March 22.2009 Page 70f7 Jf~ r&,. 07 DATE . 00)"'" ,....0("") ......0'- .N 0 ~crJ~ E ~ 0) 0)30) ::=-,8: m -0 c 0) 0) <( @ @ .l/~ :) @ -.:t 13 u I > 1 Vi ~~ ~~ I~ :S~ ~~ ~~-+=~ ~ ~ ~ !~ .<' ~~~--o II '-'Jl11~;l I ' ~. ,! o("'~ : ~~~ I . - ~~ ~ (0 ..- w ~(j) zx 6::J CLg g~ IO (0 ~ 5 @ .. ~ 0 ~ ~ G :.J ~ .--, I B~,~~lir ~g. < ~ ~a 0 ~ II ~ ""~ '::: j I ~ ,1 ~ ~I I I 1 ..~ ID o ii: N ~e ) 1/ ~ II ~ I[ ~' ~, \\- ~~_I 0' I I ~ is I'i I I I I I <.0 I I LL 0.. :;E r:r: <( ~ >--- I (9 I Z "d' I - "' > I w Z () I 0 I N N I N !J N ~~ M ~ ... (/) (j) 'j D- .. Z u. o >- u 31VJS 0.1 lOti / - z- ~ B~~ . u. ;sgit -,- i OOOM~ gg ~. ~i !~>: t~ ~ ~~ ~~ N ~~~ j ~w ~ gs ~ t- O """ a::: <( 00 o r h.1 ~ ! Zl 0: i=1 -I 1-' W' o..j I 0.. <( ~ z o ~ <( o o ......I Agenda Item No. 170 June 9, 2009 Page 16 of 34 COLLIER COUNTY GOVERNMENT PEPT, OF ZONING & lAND DEVELOPMENT REVIEW WWW.S:;OLlIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6968 APPLICATION FOR PUBLIC HEARING FOR PARKING EXEMPTION (LDC 4.05.02.K) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [ PE-2008-AR-14071 MIDTOWN POINT PROJECT: 2008080005 DATE: 12/18/08 DUE: 1/6/09 ] Above to be completed by Staff GENERAL INFORMATION APPLICANT SANBANKS LLC ADDRESS 700 OLD TRAIL DRIVE CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239-247-4303 CELL # NA FAX # NA E-MAIL ADDRESSS: NA AGENT MICHAEL R. FERNANDEZ, AICP I PRESIDENT FIRM PLANNING DEVELOPMENT fNCORPORA TED ADDRESS 5133 CASTEllO DRIVE, STE. 2 CITY NAPLES STATE Fl ZIP 34103 TELEPHONE # 239-263-6934 CELL # FAX # 239-263-6981 E-MAIL ADDRESSS:mfernande:r:@planningdevelopmentinc.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. ADDITIONALLY, THIS PETITION IS SUBJECT TO COMPLIANCE WITH CERTAIN NEIGHBORHOOD INFORMA rlON AND SIGN REQUIREMENTS OF THE LAND DEVELOPMENT CODE (lDe). GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. last revised 7/22f2008 Page 1 of 8 Agenda Item No. 170 June 9. 2009 Page 17 of 34 OWNERSHIP INFORMATION NAME OF OWNER(S) SANDBANKS LLC ADDRESS 700 OLD TRAIL DRIVE CITY NAPLES STATE FL ZIP 34103 TELEPHONE #. 239-2474303 CELL # NA FAX # NA E~MAIL ADDRESSS: NA I PROPERTY LOCATION. I Detailed legal description of the property covered by the application; (If space is inadequate, attach on separate page,) Applicant shall submit four (4) copies of a recent survey (completed wiiliin the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE; The cipplicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. PRINelP ALSITE: Sedion/Township/Range 22/49/25 Plat Book 2 and 1 Page #: 83 and 78 Lot: 2, 4, 6, 8, 10, 12 (Rosemary Heights), 41, 43, 45, 47, 49, 51 (Rosemary Heights Addition) Block: Unit Subdivision: Rosemary Heights & Rosemary Heights Addition Property 1.0. Number(s): 70970080009, 70970120008, 70970280003, and 71020080000 Metes & Bounds Description: no Size of property:. 270 ft. X 300 ft. = Total Sq. Ft. 81,000 Acres 1.86+/- OFF-S.TE PARKING AREA: Section/Township/Range 22/49/25 Plat Book 2 and 1 Page #: 83 and 78 Lot: 14, 16, W 25' of 18(Rosemary Heights); 53 & 55(Rosemary Heights Addition) Block: Unit Subdivision: Rosemary Heights & Rosemary Heights Addition Property 1.0, Number(s): 70970280003,70970360004,71020160001, and 71020240002 Metes & Bounds Description: na Size of propertY1112.5+/- ft. X 270 ft. = Total Sq. Ft. 30,375 Acres 0,697+/- Address/general location of subject property: 3114 and 3126 N. Tamiami Trail, 917, 923 & 927 Rosemary Lane and 924 Ridge Street, Naples, Florida 34103 Last revised 7/22/2008 Page 2 of 8 Agenda Item No. 170 June 9, 2009 Page 18 of 34 I . ASSOCIATIONS I Complete the following for all Association{s} affiliated with this petition. Provide additional sheets if necessary. If there are NO associations, please indicate N/A for EACH item. NAME OF HOMEOWNER ASSOCIATION: NOT APPLICABLE MAILING ADDRESS CITY ST A TE ZIP NAME OF HOMEOWNER ASSOCIATION: NOT APPLICABLE MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: NOT APPLICABLE MAILING ADDRESS CITY ST A TE ZIP DISCLOSURE OF INTEREST INFORMA nON a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary), Name and Address Percentage of Ownership b, If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownershi p Sandbanks LLC 700 Old Trail Drive, Naples, FL 34103 100% Please see affached Sandbanks, LLC Operating Agreement excerpt, Exhibit A on Page 20 Last revised 7/22/2008 Page 3 of 8 Agenda Item No. 170 June 9, 2009 Page 19of34 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Co ntract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Last revised 7/22/2008 Page 4 of 8 Agenda Item No. 170 June 9, 2009 Page 20 of 34 PROJECT INFORMATION Zoning of proposed off-site parking lot RSF-4 Zoning of commercial tract the Parking Exemption Is proposed to serve C-4 Type of land use that the parking exemption is proposed to serve office Total number of parking spaces required for project 195 Number of Parking Spaces Proposed Off-Site 63 Is the proposed parking lot separated from the permitted use by a collector or arterial roadway? DYES f8I NO If yes, please name the roadway: Does the permitted use propose to share required parking with another permitted use? DYES f8I NO , EVALUATION CRITERIA . I Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of Zoning Adfustments shall be based upon consideration of the applicable criteria noted in lOe Section 4.05.02.K.3.b. Please provide a narrative statement describing the req...est with specific reFerence to the criteria noted in the cited section of the LDC. Include any backup materials and documentation that you wish to have considered in support of the request. I.... .... ,. . ..SUBMmAL 'REQUIREMENTS. I GENERAL INSTRUCTIONS Application must be clearly printed .or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre- application meeting. PRE..APPLlCA nON MEETING NOTES Provide copies of notes taken at pre-application meeting, if one was held. ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Deportment, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239' 252-2482, FAX (239) 252-5724 DIGITAL REQUIREMENTS An electronic version of all plans {in pdf format' and dcx:uments (in Word format) on CDROM must be submitted as part of the original submittal package. . Last revised 7/22/2008 Page 5 of 8 Agenda Item No. 170 June 9, 2009 Page 21 of 34 BOUNDARY SURVEY, if required Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by 0 Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roods, easements, rights-of-way, and areas dedicated to the public. The Survey shall be accompanied either by on Attorney's Opinion of Title, or by a sworn statement from the property owner(s} stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey. CONCEPTUAL SITE PLAN 20 copies of a 24" x 36" conceptual site plan drown to 0 maximum scale of 1 inch equals 400 feet 1 reduced 8V2" x 11" copy of site plan. A copy of the 8.5 inch by 11 inch copy must be Included in the CDROM in pdf format. Additional copies of the plan may be requested upon completion of stoff evaluation for distribution to the Boord and various advisory boards. The site plan sholl show the following information: · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure{s) on site), · 011 existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, Including required parking for the disabledJ, · required yards, open space and preserve areas, · proposed and/or existing landscaping and buffering os may be required by the County OWNER I AGENT AFFrDA vir Affidavit signed by owner authorizing agent and applicant to oct os representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sole, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. FEES Required fees in accordance with the adopted Fee Schedule effective on the date the application is accepted by Collier County. Check shall be made payable to: Collier County Board of Commissioners. Application Fee ~ $1,500.00 legal Advertising Fees ~ BCe = $363 ~ CCPC = $760 NOTE: In accordance with adopted Fee Schedule ~ When land use petitions are continued, additional fees payments may be required. . An additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the origrnai fee. Last revised 7/22/2008 Page 6 of 8 Agenda Item No. 170 June 9, 2009 Page 22 of 34 PARKING EXEMPTION (PE) APPLICATION SUBMITTAL CHECKLIST 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 SUMBfTT ALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Completed Application 20 [gI Pre-Application meetino notes 20 ~ Conceptual Site Plan 24" x 36" 20 ~ Site Plan 8 %" X 11" 1 [:)<J Narrative Statement (based upon LOC Evaluation Criteria) 20 ~ 0 Warranty Deed 2 >< Owner/Aoent Affidavit, sianed & sealed 1 >< 0 Boundary Survey, no more than 6 months old (24" x 36") 4 >< Electronic copies of all document & Plans 1 ~ Addressino Checklist 2 ~ 0 Location Map 2 rxJ D 10-Year Lease Agreement (see LDC 4.05.02.K.2.a) 2 0 ~ Fees: The following are current; however the fee schedule is subiect to change. The petitioner will be required to pay fees in compliance with the adopted Collier County Fee Scheduled in effect when the petition is accepted by Collier County. [gI $1,500 Public Hearing Application Fee o $500.00 Pre-application fee credit (Applications submitted 9 months or more after the date of the last pre-application meeting shall not be credited towards application fees; a new pre-appfic:ation meeting may be required. [gI $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt Naples Datly News Invoice}. rgj $400.00 legal Advertising Fee for BeC meeting o Property Owner Notification Fees. Property Owner Notifications $1.50 Non-certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) As the authorized .agentlapplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Y;2;;;?~ Agent! ppJicant SIGNATURE Last revised 7/22/2008 /~~8 Da e Page 7 of 8 Agenda item No. 170 June 9, 2009 Page 23 of'34 I AFFIDA vIr Welf, Sandbanks, LLC being first duly sworn, depose and say that welf am/are the owners of the property described herein "and which is the subject matter of the proposed hearing; that aJl the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered, Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Michael R. Fernandez, AlCP, President, Planning Development Incorporated to act as ourlmy representative in any matters regarding this Petition. SANDBANKS, LLC _ew ture of Property Owner ~~ ~ Typed or Printed Name of Authorized Representative Typed or Printed Title of Authorized Representative " The foregoing instryr;ent was acknowledged befor? .~e this ..~~ :~ day of D))~~~ljA.:I ,200~, by ~)( :J.,-, /('\ ~ (] ^ ..A. . ,as f Ii 1(LAt/l..\-L.-' l_ " of S~ndbanks, LLC who is)personally known to me or who has produced:JU.'!rr.hJrf.{ !J/LO../t'A/.:, iil"'A:J,<':-(!j:" as identification. State of Florida County of Collier -A);~'.O . (~J^' e ~__~.. ~ (6) "../" i,.. J.../--I__)..C-~:.... (8ig n~.tl!.~~ E~f ,~~~~rxt~.~~~]~ ~!...fn<< 'Ut . KIM A. SHOWS :: Comm# 000800743 ~ Expires 6/28/2012 $ ill F10rida Notafy AsSt'l.. ino E (Prin, yp~:'or'SU:iJHp"'Cmfm~rg~8ned- Name of Notary Public) Last revised 7/22/08 0:\='0; CCNTRAL OOCUMENTS\PROJECr fILE5-SY YEAR\2COB Pfqlocral.M:dlown Tower oa.O"lD11iCOl.I~ Ccunty\PanlJ~ E>:Gf"ptlOn A;::pllotl!onlAffidEMl.dOC Page 8 of 8 Agenda Item No. 170 June 9, 2009 Page 24 of 34 SANDBANKS, LLC OPERATING AGREEMENT This 'Operating Agreement (this "Operating Agreement"). of SANDBANKS, LLC, a Florida limited liability company (the "Company"), is entered into the 25th day of January, 2007 (the "Effective Date''), by and between John A. Carr and Melanie Jewell Hibbs, as Trustees of the Paul Ambrose Carr Trust for the Descendants of John A. Carr UtA dated 12/21/06, John A. Carr and Petrolina Carr (collectively, the "Members"), in consideration of the mutual covenants and agreements contained in this Operating Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. ARTICLE I DEFINED TERMS 1.1 Defined Terms. The defined terms used in this Operating Agreement shall have the meanings specified below or in the Section in which they first appear. (a) "Act" means the Florida Limited Liability Company Act, as amended, Florida Statutes Chapter 608, or any corresponding provision or provisions of succeeding law. (b) "Additional Capital Contribution" means the aggregate of the amounts contributed by the Members to the Company in accordance with Section 5.1 (b) of this Operating Agreement. (c) "Adjusted Capital Contribution" means, as of any day, a Member's Capital Contributions adjusted as follows: . (i) Increased by the amount of any Company liabilities which, in connection with distributions to a Member, are assumed by such Member or are secured by Company property distributed to such Member; (ii) Increased by any amounts actually paid by such Member to any Company lender pursuant to any agreement by which such Member assumes any Company liability; and (iii) Reduced by the amount of cash and the value of any Company property distributed to such Member pursuant to Article VI hereof and the amount of any liabilities of such Member assumed by the Company or which are secured by any property contributed by the Member to the Company. In the event a Member transfers all or any portion of its Membership Units in accordance with the terms of this Operating Agreement, its transferee shall succeed to the Adjusted Capital Contribution of the transferor to the extent it relates to the transferred interest. (d) "Affiliate" means, with respect to any specified Person, (i) any Person directly or indirectly controlling or under common control with the specified Person; (ii) any director, officer, partner, manager 0.1" trustee of the specified Person; (iii) any Person directly, indirectly, or beneficially owning or controlling twenty percent (20%) or more of any class of voting securities of, or otherwise having a substantial beneficial interest in, the specified Person; and (iv) any ancestor, spouse, or family Agenda Item No. 170 June 9. 2009 Page 25 of 34 number of issued and outstanding Membership Units, and as to an Interest Holder who is not a Member, the Ownership Interest of the Member whose Interest has been acquired by such Interest Holder, to the extent the Interest Holder has succeeded to that Member's Interest. (s) "Person" means any individual, partnership, corporation, association, trust, limited liability company, or other legal entity, whether foreign or domestic, and its heirs, executors, administrators, legal representative, successors, and assigns where the context requires. (t) "Profits" or ';Losses" means, for each Fiscal Year or other period, an amount equal to the Company's taxable income or loss for such year or period, determined in accordance with Code Section 703(a) (for this purpose, all items of income, gain, loss, or deduction required to be stated separately pursuant to Code Section 703(a)(1) shall be included in taxable income or loss), but computed with the following adjustments: (i) Any income of the Company that is exempt from federal income tax and not otherwise taken into account in computing Profits or Losses pursuant to this definition shall be added to such taxable income or loss; (ii) .A.ny expenditures of the Company described in Code Section 70S(a)(2)(B) or treated as Code Section 70S(a)(2)(B) expenditures pursuant to Treasury Regulation Section 1.704~1(b)(2)(iv)(i), and not otherwise taken into account in computing Profits or Losses pursuant to this definition, shall be subtracted from such taxable income or loss; and (iii) Notwithstanding any other provisions herein, any items of income, gain, loss, or deduction specially allocated pursuant: to Section 7.2(c) hereof shall not be taken into account in computing Profits or Losses. (u) "Transfer", "Transfers n, or "Trar.sferred" means the sale, assignment, transfer, pledge, encumbrance, or other disposition, by operation oflaw or otherWise, of Membership Units. (v) "Treasury Regulations" means the regulations of the United States Treasury Department pertaining to income tax, as amended, and any successor provision thereto. ARTICLE II FORMATION AND PURPOSES 2.1 Formation. The Company was formed pursuant to the Act by filing the Articles of Organization with the Department of State on June 27, 2006. 2.2 Name. The name of the Company is "SANDBM1JZS; LLC". The Company may do business under that name and under any other name or names that the Manager selects. If the Company does business under a name other than that set forth in its Articles of Organization, then the Company sball file any fictitious name registrations required by applicable law. 2.3 Governing Law. This Operating Agreement and all questions ,\11th respect to the rights and obligations of the Members, the construction, enforcement, and interpretation hereof, and the formation, administration, and termination of the Company, shall be governed by the provisions of the Act and other applicable laws of the State of Florida. 3 Agenda Item No. 170 June 9, 2009 Page 26 of 34 2.4 Defined Terms. Except as otherwise specified or when the context may otherwise require, all capitalized terms used in this Operating Agreement shall have the meanings specified in Article I of this Operating Agreement or the Section where such capitalized term is first deJined. 2.5 Pm::pose. The Company is organized to engage in any business permitted under the Act, upon and subject to the terms and conditions of this Operating Agreement (the "Business"). 2.6 Term of the Company, The term of the Company commenced upon filing of Articles of Organization with the Florida Department of State, and the Company shall have perpetual existence, unless soorier terminated as provided in this Operating Agreement or the Act. ARTICLE ill STATUS, RIGHTS, AND OBLIGATIONS OF MEMBERS 3.1 Members. (a) There shall be a single class of Members. From and after the date of this Operating Agreement, the Members shan be John A. Carr and Melanie Jewell Hibbs, as Trustees of the Paul Ambrose Carr Trust for the Descendants of John A. Carr UIA dated 12/21/06, John A. Carr and Petrolina Carr, or any permitted successor or assign thereof admitted to the Company in accordance with the terms of this Operating Agreement. The Members' respective addresses and ownership of Membership Units are set forth on Exhibit A hereto. (b) Additional Members of the Company may be admitted from time to time and upon such terms and conditions as Approved by the Members and in accordance with the provisions of this Operating Agreement. The name and address of each such additional Member shall be added to Exhibit A, which shall thereby be amended. 3.2 Membership Units. The Company is authorized to issue 1,000 Membership Units. The Membership Units owned by each Member shall be as set forth on Exhibit A, as it may be amended from time to time. 3.3 No Right to Withdraw. Except as otherwise provided herein, no Member shall have any right to voluntarily resign or otherwise withdraw from the Company without the written consent of all remaining Members. 3.4 Powers of Members. Members shall have the powers and authority conferred upon them pursuant to the Act and this Operating Agreement. Members shall have the right to attend all meetings of the Members. The management of the Company shall be reserved to its Manager, as provided in Article IV. 3.5 Voting by Members. Except as otherwise provided herein or by the Act, each Member of the Company shall be entitled to one vote per Membership Unit owned by that Member on all matters on which Members are entitled to vote or consent pursuant to the Act or this Operating Agreement. Except as otherwise provided herein or by the Act, the affinllative vote or consent of a Majority of the Membership Units shall be necessary and sufficient to decide any issue, 3.6 Consent of Members in Lieu of Meeting. Unless otherwise provided in this Operating Agreement or by law, any action which may be taken at any meeting of Members of the Company may be taken without a meeting, without prior notice, and without a vote if a written consent, setting forth the action so taken, is signed in person, by proxy, or by facsimile signature by the Member or Members with 4 Aqenda Item No. 170 ~ June 9. 2009 Page 27 of 34 the recipient of the fax; and (4) items sent by certified or registered mail shall be deemed delivere-,d tive days after deposit in the United. States mail, postage prepaid. 1].8 Waiver. No consent or waiver, ex.press or implied, by any party bereto of any breach or default by any other party hereto in the performance of its obligations here\mder shall be deemed or construed to be a consent or waiver to or of llny other breach or default in the performance by such party of the same or any other obligations of such party hereunder. Failure on the part of any party to complain of any act or failure to act of another party or to declare another party in default, irrespective .of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder. 11.9 Attornevs' Fees. If any legal action or other proceeding is brought to enforce or mterpret this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs and all expenses, even if not taxable as court costs, through trial and appeal. 11.10 Counterparts and Fascirnile. This Agreement may be executed simultaneously in two or more C01IDlerparts~ each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Furthermore, a facsimile signature shall be accepted as if it were an original signature. IN \VITJ:'fESS WHEREOF, t1Je parties hereto have executed this Operating Agreement as of the date first above written. ohn . Carr. Trustee of the Pau~ Ambrose C' Trust for the descendants or johu A. Carr A dated 12121/06 ~~ Petrolina Carr, Member 7J1drM~ /I;~ Melanie Jewel Hibbs, Trustee of tIle Paul Ambrose Carr Trust for the descendants of John A. Carr UtA dated 12/2Jf06 Company: SANDBANKS, LLC By Its ager:: Branksome fCc~ By: Petrolina Carr, Manager of Branksome, LLC 19 Agenda Item No. 170 June 9, 2009 Page 28 of 34 EXHIBIT A SANDBANKS, LLC SCHEDlJLE OF MEMBERS, CAPITAL CONTRIBUTIONS, AND MEMBERSHIP UNITS Member Name Initial Capital Percentage Membership and Address Contribution Ownership Interest Units I I John A. Carr & Melanie Jewel 80% I 400 Hibbs, as Trustees of the Paul Ambrose Carr Trust for the descendants ofJoOO A. Carr U/A dated 12/21/06 John A. Carr 10% 50 Petrolina Carr 10% 50 TOTALS 100% 500 20 N^PLESl318~41 V.O~ (" , . l\genda Item No. 17D June 9. 2009 Page 29 of 34 RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING PARKING EXEMPTION PETITION PE-2008-AR-14071, IN ORDER TO PERMIT OFF-SITE PARKING ON A CONTIGUOUS LOT ZONED COMMERCIAL (C-4), LOCATED BETWEEN ROSEMARY LANE AND RIDGE STREET, IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST 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 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 Parking Exemption Petition PE-2008-AR-14071 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Page 1 of2 , tit Agenda Item No. 170 June 9, 2009 Page 30 of 34 ,. Petition PE-2008-AR-14071 filed by Michael R. Fernandez of Planning Development Incorporated representing Sandbanks, LLC is approved to permit off-site parking on contiguous land zoned Commercial (C-4), more particularly described in Exhibit A. The off-street parking shall comply with the Site Plan dated December, 2008, and prepared by Planning Development Incorporated., attached hereto as Exhibit B, and shall be subject to the conditions attached in Exhibit C. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. PASSED AND DUL Y ADOPTED by the Board of Zoning Appeals of Collier County, Florida, this day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Steven T. Williams s(~ 0'\ Assistant County Attorney '3'" Exhibits: A Legal Description B Site Plan C Conditions of Approval Page 2 of2 om-.:t 1"-0("') ,....o~ .N 0 o .,.... 70l("') .~ -'0... C'C -0 C (l) Ol <( < Eo- - .; ~ ~ ell , ~ .-,0 t"') \0 - ~ t"') t"') N ~ ~ 0 0 < 0 0 0 ~ ~ CIS N 0\ 0\ 0 Lrl Q. 1.0 N N 1.0 N 0:: ~ 0 0 ~ t"') N N N N 0 ~ C C I'- V) V) t- o ~ V) r-- r- r- 0 t"') 0 0 t"') - 0:: "'t "'t ~ "'t ~ 0 Z Z - OJ OJ OJ - 'jij ::: .... 1a 'jij .... C':l Cd .... ell f- ....:l ...,J ....:l f- ell .- >. >. ~ ~ ~ a .... ~ - C':l 'C S s 5 .~ 'C ~ OJ OJ < VJ VJ VJ ...... f-o ~ 0 0 f-o ~ "'t ~ ~ 1.0 ~ - r- t"') r- N ...... - N N tI) t"') 0\ 0\ 0-. t"') V) V) V) V) V) ~ N N N N =: -- -- -- -- 0\ 0\ 0\ 0\ 0\ -- ~ "'t ~ ~ ~ t -- -- -- -- N N N N N rJ1 ('~ N N N N 00 - Lrl~ j ~ ..... t"') 0 ~ ~ V) - N "'t 1.0 ~ ~ en - ~ 0 - 0 c:a "0 .....J .... 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I ! 0\ 00 t"') ~ 0 -iN 0 0 0 0 0 0,0 0 0 0 0 0 OiO 0 0 0 0 0 OiO 00 N 00 1.0 00 1.01"'t ~ 0 -- N t"') 0 -iN .: 0 0 0 0 0 010 r- r-- r- r- N N'N . - 00- 0\ 0\ 0\ 0 01,0 = 0 0 0 0 - ,-.ol J'""""'" "'" r- I'- r- I'- r- r- il'- la l <t: CO CQ U 0 lJJ:l.L. -- ~ : < .. ~ I ! .; .. ~ < ... : ~ . e ~ ~ ~ co t ~ ... ~ ~ :s 9 1. " "':' ." ~ . . . """', .' ,. ~ < !:: ~ ;;: t "' ~ ~ ... z ~ ~ 6 ~ '" z ::: is ~ o :'i wi ~ ~ e ee " 15EF~r:::~;; ~~~~~~~A~:;~~g:~:~'r6~~~U~llR WITH INTI;GRATI;D 8 FOOT HIGH PREFA6RlCAllOD CONCRETE WAL.I.A='ENCE W1i'l1 SHR:UBS ON 80TH SIDES TO BE MAINTAINED AT ,. MINIMUM HEIGHT Of a FEET, MD, 'TREES 26 FEET ON CEN~R INSTALLED WITH A MINIMUM HEIGHT OF '8 FEET. COlliER COUNTY ~: ~lvTi~~3 CooE (lOC) TYPE 0 10' FT MINIMUM WIDTH BUFFER VYITH INTEGRATED ~ FOOT HIGH PREFABRICATED CONCRETe WAWFENCE WITH SHRl.8S ON BOlli SIDES TO BE UAINTAlNEOATA MINIMUM HEIGHT OF 8 FEET: AND, TREES 30 FEET ON CENTER INSTALLED WITH A U'NIMUU HEIGHT OF 1.. FEET. RSF~ Re._nll. Zonq;: DiIn:t C4 Coml'Nt'C;.t Z0nir9 O-.cl COLLIER COUNTY LAND DE~~::~' COOE (lDC)TYPE 0 to' FT MINIMUM W1DT11 eUFFEA WITH TREES 25 FEET ON CENTEF1: INSTALLED WITH A MINIMUM HEIGHT OF 10 ~ 12 FEET; AND. DOUBLE ROW HEDGE OF SHRUBS MAINTAINED AT A MINIMUM OF 3B INCHes IN HEIGHT. HATCH KEY . P..-viou. I Clur.a 0 Pa\lllrMI"lt . Buldn;JII , , ; I i I , I i~; I I ' ; l I ....- KEY PLAN I EXISnHG CONOInONS SCALE' t. c 100' EXHIBIT SCALE' t".... ..........z.::: ~ t::I <i> ~.... -'1' ,rr _" genaa Item NO. 0 June 9, 20 9 Page 32 of 4 PARKING EXEMPTION AREA !l!':UImSi. COLLIER COUNTY LAND DEVELOPMENT CODE (lOC) TYPE 0 '0' FT MINIMUM WIDTH BUF~ER WITH INTEGRA TI;D ~ FOOT HIGH PRE~AMlCATED CONCRETE WAUlFENCE WITH SHRUBS ON BOTH SIDES TO BE MAINTAINED AT A MrNtMUM HEIGHT Of'aFEET: AND, TREES:SO FEET ON CENTER INSTALLEO VVITH A MINIMUM HEIGHT OF'" FEET. PROVIDED PARKING: \PARKlNG EltENPTION AREA) ~~~~R::~.s,:ICl,~~~ (\\EST Of' PARKING ElCEMPTiO;:;;--- 132 PARIONQ SPACES (>87%) ~ CormwrtWll20nJrig OifJtticl ,... TOTAL PARKING SPACES ('00%1 l!ClU.I!fWI; COLUER COUNTY lAND DEVELOl>MENT CODE (lDC) TYPE D 10' Fl. MINIMUM WtCTHeUFFEAWITH' TReES 10 FEET ON CENTER INSTAU.ED WITH A MINIMUM HEIGHT OF 10-12 FEET: ANO. DOUBLE ROW HEDGE Of' SHRUBS MAINTAINED AT A MINIMUM OF 3B INCHES IN HEIGHT. ~ I __, I' I -- II I i ....- KEY P~~~~~~:~~~~ENTIAL SCALE' 'T" . 1 DO' NOTES: I'AAlGNO EXE....'IOHl"'EIClONlllTMENTS \ TtE USE OF THE ~ "NOO~ EJlf_11ON, I'NIQ..o AREA IH4U. IE IltESTRlCTEC TO II!JM. IllORMIl QR:ICf ~.. HOVIa OF OPERo\T1ON 1l0lUDE WILL If POSTED _'TfUrnNO T~ PNlllUNO E"lC"IIPTICN aPACES ro HOURS OF USE IE"TWlEl'II J ~ NlD. Ptil MONOll'THFIOUOI1FAlJA'r 2 THE PAAIOlG UiMPTlON 'MtIIJ<<lIlPll.a:$.w.L. RtlTAlCTED TO "';ETNG PA_NG FlEQUlIlil!MtMTI FOROI"f'IQ; "ACE I. PA.RKtt+Q WITHIN TloE...oorr~ IPNl.IGNG EXEW'TION) il'MICING NlE41S RE5TNCrtD TOIl1JRF,frICf. I'NIlIOfrG " flIIrRlQNQW""H T\oE ~t'~ftG UfYPTI()lItIP~ 11'10.. ~ te l"OSlEO WfTHtlOMJE OE.QmlATNJ THE. P....ING... RUTRlCTfO TO fMPlOYEE I'AJlIOMO e tJlNilKlNa LOT UOHTINCI WIT"N"* ADOlT~ tl'AAlaNO Ell'fW'T1ON) '~_Ml AAEA 'Wll.1. Bf RElTflCTiP 'f0 UG>ft RX'JUR[S J.IA\IlM) N4 OVfAAU HEIOl-I' NO OJlfAl1A nWoI Cl'1HOE1 . THfIll:E 8lW.1. BE NO DlQCT ,t(:QEU FllOIlTME AD.W:lENl STRfETS TO THE APDIflOftl,l. jPNWNO EltEIIFT1ON) PoWCtIIJ ARE... ~sa TO TtoIS PARKlNO ARE'" SHltU.IE Yl.A HE COMMEACtAlL Y ZONEO ~RTY 7, ~WfTHN tHfADOn'~fP.llIWNOEICEMPTIOfll)~#AKING AAEA~E~ COl.LlERClQI..M"Yl.JoNDDE~LOPfIlEN'I' OODE tLDC)IlEQUlREWE""" ''f ~l*IO LAN~ TO TI-E I'Q~OWlNG 8l.a.tAlAO EACH PARIOfIIO IP.ce 8H.ftlL MlJT ... ~ IIl..IFFeR AN UIIT~llIIOR PAIl" LOT UWOBCAPE fIlNCl, OR A 1'Aff DIAMOND 1*.f ~T. A P...... TREE H,AVUI'G A M'NMUN CLEM IEIOI'lTOF 1 FEET AND A""""" Ollt:fW.L tElOHT Of "REf I THE: ltIf'fl:ilIS FMOMTtE PMIGNO EXEWTlONAAeJ. TO THE oIDJo\CEN'l USES &AAU.BE 1) SITE PLAN WITtilN PARK'NG EXEMPTlON AREA 8liAllBE Sl..BST/t.NTIAU,.Y CONSISTENT WITH DE"CTION. 2) THE P4RJ(1NG EXEMPTION PARKING SPACES 8HAU. BE RESTRICTED TO MEETING PARKING REQUIREMENT. FOA OfFICE SPAOE. 3) SITE F'LAN, BUILDING FOOTPRINT Nt/CJ LAND USE WITHIN C4 ZONED SITE AREA ARe CONCEPTUAL "ND aMY CHANGE P'FICMOEO 'THE CHANGE!S) ^"E COHSlSRNT VV1TH APPLICMLE lOO DEVELOPMENT STANDARDS AND P.4RKINO EXEMPTION COAUTM:H1"S. 4) CEVElOPMENT OF A PARKING GllRAOE ON THE COMMERC1AL.l y ZONE PORTION IS PROHIBITED. IpNlf\lI\lO.....TRIX I>IIIItIlII\IDBF (Ern.....TEOl 'O,lllOtr uoo" IItT....L IDfIIlO., n,/llIM 0I'r:1Cr: '1P'.-.cI!:~R'2I5O&f ,IUOAr.I<"R:ltWllll' lIFACU '571'1 1IPAl:!ll '.64. ,QIo ...acIiIl,.,o.JIlIltClI'PMCMORo lIolCLU.WOf .aD. .toeef'Udll.~ ,.........11\1IO """"IlEA C# PA.Il:IllNG PACES UP 1"0 IOIJ. 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FEET IN IEltUn. ....VE" 2 "'NCH CALIPER IAT t2lNCHESAIIOVf:: THE' 0RQI..H)1AH)" 1l.l.lOO1"~ . 3PACfl Of"EN "ACe _QUl"-'-"'" NOME. I c.... MlNIM)M TNlD AEQUlR!'''ENfS ~MlN'T 'fAlllO& (~~~IC_t ~ tnAlOOFlITREeTAiJI')ftnlU;CWoA'fIIWE.-aHf.aF.w"V UfEP!T ~ONt_F "....'*lQtiTOf 1t<< -.JlLOIt<<!..Wt'lC'l'llIlOl'''GI'l,E.,,'-EI1. IItRUCTI,lRfSIIO nET III/ HEKJ,"" 0Ill i:Mf"TlIl: aHALL fl'ACMOE ~ ADDrrlOHAi. ONE FOOT Of 'E'fBACt( fOR Ii:...eH FOOl OF IIUll.DIHOItf:IOHTlI'IDlceMCH"ao.fI!IT . .. FOOT I"fIlEFMlAICATEO OONCRETf W....l W1T...N....10 ,.-ooT WDf CQU1EIIl COUJlll"V l.NCl DfVELCWlitEWT CODE T'Il'f 0 I..AfirCeCN'E -.. \If!QE''''M: PLJtN'11olO81HJtU BE ~YlDE.lITEA;rtIU. "TOTIoE WAll SUCt-l lW.T RF'1y ITIO)f'f"CEMlIlF'~ 'W....l.....OO1'I. R:1olCt'1& ~ENEOwl'HIN ,,"E (1) YEAR OF THf. INlITAL......'1ON OF 5A10 VEOET"TlVE MIoTER1AL NoIIRIIfOATIOH 8't8l'f1lt I!IHAU.IE "STAU.ED TO i....... THe OONTN.lED~Tt' Of" TWE WGlTATM IIICREEH ,,* REQUIRED lXlUal! ROW HEDO.E 1'E000Rl"iNT IIIW.L IE 8PI.IT B'(THfWALL. THE COI,POl(Tf I'ECXlE StfAU.'-:OROWNHtDWrltNTAINl!D fOAHEIOHT OI'eFlrT ~ TEE 'uS! Ffn TI4' Tltl'F1li AT THE" TlYf ~ IN"T"lUlTION.......t t! .........,..C1= 25!!ljlilQlollJ IFOIJ':l:TH"'l~"!"fET lNlo!5!'31"f NAVE 42.IolNCHOIt.tPER(AT 12 frQoE.~ THE Oftl'JlfllD)~AFIIo'!.R:IQTPlICf.AO IIN'f'fNKIAamNllItf"DE"NfLAl f PLANNING DEVELOPMENT INCORPORATED i DEVELClPIkENT CONIUL:TAHTS. ENGIE_, PLA*EAS AHDL.AIC)6QNIEAACHflECTI -----...--. ---~..~ 5133 CASTELLO DRIVE, 81J1'TE.2. NAPLEI, FlORlOA )4102 YDTOWN ~ -- CONCEPTUAL SITE PLAN -... -~ _~l-' H~EIl, FLORIDA e e Agenda Item No. 17D June 9, 2009 Page 33 of 34 PE-2008-AR-14071 Midtown Point Commitments: 1. The use of the additional 0.69:l: acres parking exemption area shall be restricted to serve normal office business hours of operation. Signage will be posted restricting the parking exemption spaces to hours of use between 7:00 AM to 6:00 PM, Monday through Friday. 2. The parking exemption is limited to a maximwn of 63 parking spaces and shall be restricted to meeting parking requirements for office space. 3. Parking within the additional parking exemption area is restricted to surface parking. 4. Parking within the additional parking exemption area shall be posted with signage designation the parking as restricted to employees parking who work at The Midtown Point development. 5. Parking lot lighting within the parking exemption area will be restricted to light fixtures having an overall height no greater than 42 inches. 6. 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. 7. Landscaping within the parking exemption area shall exceed Collier County Land Development Code (LDC) requirements by providing landscaping to the following standard: Each parking space shall abut a landscape buffer; an interior parking lot landscape island; or a tree diamond that supports a pabn tree having a minimum clear height of7 feet and a minimum overall height of 14 feet. 8. The buffers from the parking exemption area to the adjacent uses shall be: a. To Abutting Residential Lots: · A 6-foot prefabricated concrete wall, located a minimum of 4 feet from the common property line; within a IS-foot wide Collier County LDC Type B Landscape Buffer; · Vegetative plantings shall be located external to the wall andlor fence such that 50 percent of the wall and/or fence are screened within 1 year of the installation of said vegetative material. A continuous hedge shall be installed to ensure the continued viability of the vegetative screen; · 1 tree per 25 feet, the trees at the time of installation shall be a minimum of30 gallons, 16 feet in height, have a 2.5 inch caliper (at 12 inches above the ground) and a 6-foot spread. b. To Ridge Street and Rosemary Lane Right-of-Way: · A 4-foot prefabricated concrete wall within a 10-foot wide LDC Type D Landscape Buffer; · Vegetative plantings shall be located external to the wall andlor fence such that 50 percent ofthe wall andlor fence are screened within I year of the installation of said vegetative material. An irrigation system shall be installed to ensure the continued viability of the vegetative screen. The required double row hedge requirement shall be split by the wall. The composite hedge shall be grown and maintained to a height of 6 feet. · One (l) tree per 30 feet, the trees at the time of installation shall be a minimum of25 gallons, 14 feet in height, have a 2.5 inch caliper (at 12 inches above the ground) and a 5-foot spread. Exhibit C Agenda Item No. 170 June 9, 2009 Page 34 of 34 Co~~un.t.Y Memorandum From: Melissa Zone, Principal Planner, Department of Zoning and Land Development Review David Weeks, AICP, Planning Manager, Comprehensive Planning Department January 14, 2009 Future Land Use Element (FLUE) Consistency Review To: Date: Subject: PETITION NUMBER: PE-2008-AR-14071 PETITION NAME: Midtown Point REQUEST: Parking Exemption to allow a portion of the required parking (63 of 195 spaces) to be located off-site on abutting property. LOCATION: The site is located on the east side of US-41 North, on the north side of Rosemary Lane and on the south side of Ridge Street, in Section 22, Township 49 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject property (:t2.56 acres total) is designated Urbani Urban Mixed Use District/Urban Residential Subdistrict, as identified on the Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan. The principal site, comprising :t1.86 acres, is zoned C-4, General Commercial. C-4 zoning at this location is not consistent with the locational criteria in the FLUE for commercial development. However, this site is identified as "improved property" on the Consistent By Policy Maps in the FLUE, therefore, this property's zoning is deemed consistent by policy and, pursuant to policy 5.9 in the FLUE, the site may be developed or redeveloped in accordance with the C-4 zoning on the property. The site is presently developed with commercial uses and redevelopment of the site is proposed. The proposed off-site parking lot, comprising :to.697 acres, is zoned RSF-4, Residential Single Family. Parking for uses not permitted in this zoning district, such as commercial uses as proposed on the abutting (principal) site, is not typically allowed; however, Section 4.05.02K. of the Collier County Land Development Code (LDC) provides for this requested parking exemption to allow off-site parking on land not zoned commercial. The FLUE is silent to off-site parking use. However, the LDC provides for off-site parking on non- commercial zoned property to serve commercial uses, and that provision was deemed consistent with the FLUE by the Board of County Commissioners via its adoption and incorporation into the LDC. FLUE Policy 5.4 requires new developments to be compatible with, and complementary to, surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety. Based upon above analysis, the proposed off-site parking may be deemed consistent with the FLUE. ON CD PLUS cc: Susan Murray-Istenes, AICP, Director, Department of Zoning and Land Development Review Ray Bellows, Manager, Department of Zoning and Land Development Review Randy Cohen, AICP, Director, Comprehensive Planning Department PE-2008-AR-14071 Midtown Point Parking Exemption G :Consistency Reviews\2009 dw/1-14-09 1