Agenda 01/15/2008 Item #17A
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EXECUTIVE SUMMARV
Petition SE-2007-AR-12491, a resolution amending Resolution No. 07-247, relating to a
Parking Exemption, in order to correct a Scrivener's Error in Exhibit C ("Conditions of
Approval") for an olf-site parking lot located in Section 22, Township 49 South, Range 25
East
OBJECTIVE:
To have the Board of County Commissioners (BCC) correct a Scrivener's Error that required a
six-foot high barrier wall instead of a tc,ur-root high barrier wall along the southern boundary of
the subject property. The Scrivener's Error is found in the Conditions of Approval contained in
Exhibit C of Resolution No. 07-247.
CONSIDERA TlONS:
On September I 1,2007, the Board of Loning Appeals (I3ZAI adopted Resolution No. 07-247,
which granted approval of a Parking Exemption to allow a 14-space off-site employee parking
lot in the Residential Multi-Family (RMF-6) District to serve the DeVoe Suzuki dealership in
the adjacent General CommerciaIIC-4) District. As part of that approval, the I3ZA approved
six Conditions of Approval. one 0 I' which stipulated the construction of a six-fe)()t high barrier
wall along the south em boundary of thc subject propCI1y. Staff had recommcnded this
Condition because the applicant h:ld not ,h(mn a wall, pursuant to Section 5.03.02.E of the
Land Development Code (LDC), on the conceptual development plan submitted with the
Parking Exemption request. Howevcr, the requirement of Section 5.03.02.E is actually for a
jiJUr-fc,ot high barrier wall (nol 3 six-tc,ot high wall). At the hearing, thc height of the wall was
never an issue; and both stafr and the applicant correctly refcrred to it as a "1<:lUr-fc,ot wall."
Unf011unately the discrepancy between the height referenced at the hearing (and rcquired by the
LDC) and the six-Jc,ot height inadvcrtcntly contained in the Conditions of Approval was not
recognized until the applicant submitted a Site Development Plan (SDP) for revicw.
The propcsed Scrivener's Error would rectify this mistake by requiring the applicant to provide
the four-foot wall required by the LDC. which was intendcd by stall instead of the six-fe)ot wall
erroneousiy stipulated in the Conditions oL\pproval.
FISCAL IMPACT:
This action is only (0 correct an error in Resolution No. 07-247, which was previously approved
by the BZA. Therefore, this change by and or itself would havc no fiscal impact on Collier
County.
GROWTH MANAGEMENT IMPACT:
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Approval of this Scrivener's Error would not affect or change the requirements of the Growth
DeVoe Parking Exemption, SE-2007-AR-12491
l'v1anagcmcnt Plan. It is on 1) to correct all ('rror in the Conditions of ,Approval of R.esolulion No.
07-247.
LEGAL CONSIDERATIONS:
The proposed Resolution is legal I) sufficient ror Board action. -.IAI(
STAFF RECOMl\1E.\'DA TlON:
StaffrecoJnmends that thc BCC approve the Scrivencr's Error corrcction to Resolution Numher
07-247.
PREPARED BY:
John-David Moss. AICP. Principal Planner
Zoning and Land Development Review
DeVoe Parking Exemption. SE-2007-AR-12491
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- ,)anuary 15. 2008
Page 3 of 5
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COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONeRS
Item Number:
Item Summary:
I7A
This item requires that all participants bE: sworn in and ex parte dis::losure be provided by
Commission members SE-2007-AR-12491 DeVoe Family Limited Partnership II,
represented by Sandra Bottcher of 0 Grad)' Minar & ASSOciates P_A, is requesting a
Scrivener's Error correction for an approved Parking Exemption (pE-2CJ05-AR-10551) to
revise the Conditions of Approval to provide a four-foot wall instead of a six-foot wall along
the southern boundary of the prooerty. The 0.23 acres subject propertys address is 1397
Trail Terra::::e Drive, which is located on the north side of Trail Terrace Drive, Immediately
west of Its intersection with 14th Street North, In Section 22. Township 49 South. Range 25
East of Collier Coun:y Flo.ida,
Meeting Date:
1/15/200890000 AM
Prepared By
John~David Moss
Senior Planner
Date
Community Development &
Environmental Services
Zoning & land Development
12/17/20079:22:35 AM
Approved By
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Judy Puig
Operz.tior'!s Analyst
Date
Communi~}' Devs!opment &
Community Development &
Environmental Sen.'lCe5
Envi~onn?r:tal Seivices AC'mi'1.
~ 2/17i2DC7 11 :52 AM
Approved By
Marlene Stewart
Executive Secretary
Date
Community Develapment &
Environmental Se"vic.es
C-:;mmur,rty Deveiop",-':ent &
Envi!"onm€n~a~ Servi:s's Admin.
12/i7f20Ci 1::9 PM
Approved By
Jeff Klatzkow
P.,ssistant County Attc;ney
Date
Count~1 AtiOrn':'y
County Attorney Office
12119120078:54 AM
Approved By
Joseph K, Schmitt
Community Deve!opment &
Environmental Servlcf."s Adminstrator
Dzte
Comm~nity DE'veJopm~Jr:~ &.
C:()mr~lur,itl' Deve:~';~:n':"-Il &
Environmental Services
:::1vironmemaf Services l-,dIT1;t1,.
'i 2/20:2007 9:14 A hf!
Approved By
OMS Coordir.ator
ll, O~I ic~ti ansA.. na i}'st
Date
A::Jminrstiative Servi:.es
In~crm3tlor, 7e:'~lnC'iodY
~ 2/26/20079:26 AM
Approved By
Mark !sackson
Budget ,l;,nalrst
Date
County Manager's. Office
Office of Management & Budget
12/27i2007 8:23 AM
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Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's 0fiice
12127120072:45 PM
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RESOLUTION NO. 08_
A RESOI.UTION OF THE BOARD OF ZONING APPl'AI.S
OF COLLIER COUNTY, FI.ORIOA, AMENDING
ImSOLUTlON NO. 07.247, RELATING TO I'ARKJNG
!;XEMI"l'ION I'KI'lTJON PE.2006,AR.lOS5I, IN ORDER TO
CORRF.CT A SCRlVENER'S ERROR IN TIlE
CONDITIONS OF APPROVAL.
WHEREAS, on Scplember il, 2007, the Collier CO\I(It~' Board of 'lonlng Appeals
adopted Resolution No. 07,247; <Iud
WlffiREAS, follDwing /T.,tid action adopting Resolution No, 07~247, it Wlili determined
fh~lt onc of the Conditions of Approval (Corldition #6}, tlt(p,chcd to the Resolution as Exhibit "C",
wus incorrecL nnd not as was otherwise intended LInd made plitt or lhe public hcuring ~nd
therefore. constitutes a scrivener's en-m.
NOW, TIlEREFORE, BE IT R1JSOLVED BY THE BOARD OF ZONING APPEALS
OUOLLiER COUNTY, FLORIllA, that:
1. Condition #6 of Exhibit "c' to Re<lolmion. 07-247. "Conditions of APJlrovl1~," is herchy
amender] to correct a scrivener's error nod ~hall rClld as follows~
6. '['he petitioner Shllil revise: the site plnn as part of Ilny development order
submittal to SilOW a 6i'1i: four~[lIo1 high barrier wall along the southt:l1\
bounJury ur 'he plOperly.
2. E;o;CCpl as modified above, nil other CondiLions of Approyal, as contained in Exhihit "c"
to Rcsoiurion No.247, sh<!U remain in Cull force :md effect.
HE n FURTKER RESOLVED that thi., R~~oJl1(i(1n rdating LO Petition No. SE.2007-AR..
J 2491 be re:;:mdcd in the mimll.c.s of tllis Board.
THIS RESOLUnON ADOPTED aftr.:r moHon, s'~'coll(.l, and mujority vote favoring r,:lmc,
this.. _._ JllY of
,2008.
ATTEST:
DWIGHT E. BROCK, Cbk
BOARD OF ZONING APPEALS
01' COLLIER COUNTY, FLORDA
By:_."__~"
By:
,Deputy CJclk
I Clulirman
Jeff.-
Chie