Resolution 2002-437
7C
RESOLUTION NO. 02- ~ 7
RELATING TO PETITION NUMBER V A-2002-AR-
2392 FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102, as amended) which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly and lawfully constituted
Board of the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of a 8-foot variance from the required
10-foot buffer to allow a two (2) foot buffer as shown on the attached plot plan, Exhibit "A",
in a PUD Zoning District for the property hereinafter described, and has found as a matter of
fact that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Section 2.7.5 of the Zoning
Regulations of said Land Development Code for the unincorporated area of Collier County;
and
WHEREAS, all interested parties have been given an opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
The Petition V A-2002-AR-2392 filed by Young, Van Assenderp, Varnadoe &
Anderson, representing Naples Gateway Land Trust, with respect to the property hereinafter
described as:
Lot 6, Naples Gateway, Phase 2, as recorded in Plat Book 35, Page 49, in the
Official Records of Collier County, Florida
be and the same hereby is approved for a 8-foot variance from the required 10-foot buffer
yard setback required by PUD Ordinance 2000-14, Section 4.13.(2), to 2 feet as shown on the
attached plot plan, Exhibit "A", of the PUD Zoning District wherein said property is located,
subject to the conditions attached as Exhibit B.
BE IT RESOLVED that this Resolution relating to Petition Number V A-2002-AR-
2392 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~ ~ ~
ATTEST:
DWIGHT E. BROCK, Clerk
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Attachments: Exhibit A, Plot Plan
Exhibit B, Conditions
V A-2002-AR-23921KD~o
day of {)~l>EIt.. ,2002.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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J S N. COLETTA, CHAIRMAN
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Exhibit A
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VA-2OO2-AR-2392
Exhibit A
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VA-2002-AR-2392
Exhibit A
VA-2002-AR-2392
Exhibit A
NAPLES GATEWAY PUD VARIANCE -- HARLEY DAVIDSON PARCEL
Conditions of Approval
Staff is recommending approval of the variance with the following conditions:
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The variance approval is limited to what is depicted on the four-page site plan
identified as "Site Plan of Naples Gateway Offsite Roadway Improvement
Plan" prepared by Neese and Associates, Inc, except as further conditioned
below. Sheet 1 of 4 is dated 6/3/02, sheet 2 of 4 is shown last revised
5/28/02, and sheet 3 of 4 is shown last revised 6/5/02, Sheet 4 of 4 is dated
5/28/02. The entire four-page set of plans is stamped "Received June 10,
2002".
The owner must maintain the existing irrigation and cocoplum hedge within
the 2.0-foot landscape buffer area, in compliance with the LDC; and
Prior to commencement of roadway construction, the owner must transplant
the five (5) live oaks that are located within the originally planted buffer strip
to the area shown on sheet 3 of 4 along Pine Ridge Road.
Prior to commencement of roadway construction, the owner must plant the
side of the hedge facing Pine Ridge Road with a curvilinear ground cover bed
that varies from a minimum of 3 to 6 feet wide. The ground covers shall be a
minimum of one gallon indigenous plants planted 18 to 24" on center. The
hedge must be planted on the right-of-way side of the Type D Landscape
Buffer hedge that is located along Pine Ridge Road.
Prior to commencement of roadway construction, the owner shall submit a
site and landscape plan depicting these changes for review and approval.
Any plants destroyed or damaged in the transplanting process must be
replaced with Florida #1 plant material of similar size and type, within 30 days
of the date of destruction.
The owner has the option to plant new material rather than relocate or
transplant as noted above. However, all new plant material must duplicate
the size and type that it replaces.
Approval of this variance site plan does not approve the proposed driveway
onto the access road labeled "future Harley Davidson Entrance Location."
This entrance is subject to review and approval through the SDP amendment
process.
Last Revised: 9/6/02
VA-2002-AR-2392
Exhibit B
G:\Current\Deselem\Variances\Naples Gateway PUD--VA-2002-AR-2392\conditions .doc