Resolution 2020-062 RESOLUTION NO. 2020 - 6 2
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA GRANTING A
PARKING EXEMPTION UNDER LAND DEVELOPMENT
CODE SECTION 4.05.02.K.3 TO ALLOW OFF-SITE
PARKING FOR A FAST-FOOD RESTAURANT ON A
CONTIGUOUS LOT ZONED RESIDENTIAL-SINGLE-
FAMILY-5 (RSF-5). THE SUBJECT PROPERTY IS
LOCATED ON THE SOUTHEAST CORNER OF
IMMOKALEE DRIVE AND STATE ROAD 29 IN
IMMOKALEE, IN SECTION 4, TOWNSHIP 47 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
[PL20180003276]
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 a Parking Exemption on property zoned Residential Single Family (RSF-5) 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:
[19-CPS-01915/1521378/1]31 Page 1 of 2
Immokalee Commercial Lot/PL20180003276
2/5/20
l
Petition PE-PL20180003276 filed by Clay C. Brooker of Cheffy Passidomo, P.A.,
representing MTMC, Inc. is approved to permit off-site parking on contiguous land zoned
Residential Single Family (RSF-5) more particularly described in Exhibit A.
The off-street parking shall comply with the Site Plan 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 DULY ADOPTED by the Board of Zoning Appeals of Collier County,
Florida, this di—Ohl' day of mQCC,iN , 2020.
ATTEST: BOARD OF ZONING APPEALS
CRYSTALgKOKaiZEL, CLERK COLLIER COUNTY, FLORIDA
By: S1. • -C . By:
`ff
Wr -Oh 4.��� Clerk Burt L. Saunders, Chairman
AttuC •
as.fo•
signs' re ofiy,e .. '' ~
Approved as Is form and legality:
Sally A. As Oar C
Assistant •unty Attorney u `�I �
2(�
Attachments: Exhibit A - Legal Description
Exhibit B - Site Plan
Exhibit C - Conditions of Approval
[19-CPS-01915/1521378/1131 Page 2 of 2
Immokalee Commercial Lot/PL20180003276
2/5/20
Exhibit "A"
Legal Description
A PARCEL OF LAND LYING IN THE NW 1/4 OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA, SAID PARCEL BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 4 AND RUN NORTH 89'17'00" EAST ALONG THE NORTH LINE
OF THE NW 1/4 OF SAID SECTION 4, A DISTANCE OF 389.69 FEET; THENCE DEPARTING SAID NORTH LINE RUN SOUTH
00'37'37" EAST, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE DRIVE AND THE POINT
OF BEGINNING; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE RUN SOUTH 00'43'00" EAST, A DISTANCE OF
180.00 FEET; THENCE RUN SOUTH 89'17'00" WEST, A DISTANCE OF 45.00 FEET; THENCE RUN NORTH 00'43'00" WEST, A
DISTANCE OF 180.00 FEET TO THE AFORESAID SOUTH RIGHT-OF-WAY LINE; THENCE RUN NORTH 89'17'00" EAST ALONG
SAID RIGHT-OF-WAY LINE, A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 8,100 SQUARE FEET OR 0.19 ACRE MORE OR LESS.
[19-CPS-01915/1518423/1]
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Exhibit "C"
Conditions of Approval
1. The Parking Exemption area is limited to improvements shown on the attached Conceptual
Site Plan; and
2. The parking within the Parking Exemption area will be only paved surface parking; and
3. No trash containers or enclosures shall be permitted in the Parking Exemption area.
4. The enhanced buffers along the eastern and southeastern perimeters abutting residentially-
zoned lands shall be landscaped as follows:
-7 Canopy trees and a 5 foot high double row hedge on the southeastern perimeter.
- 12 Canopy trees and a 5 foot high double row hedge on the eastern perimeter.
[19-CPS-01915/1525136/1]
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