Resolution 1996-319
J U l 1 6 1996
HESOLUTION 96- --.JJ-9
HELATING TO PETITION NUMBEH OSP-96-1 FOH
OFF-SITE PARKING ON PHOPEHc1Y HEREIN1\F'l'ER
DESCRIBED IN COLLIEP COUNT~r, FLCRIDA.
WHERE1\S, the Legislature of the Statn: of Florida in Chapt-er 12~;,
Florida Statutes, has conferred on all counties in Florida the pot,.rer to
establish, coordinate and enforce zoning nn,j such business regulatic1ns
a:s are neCI!SSary for the protection of tll(~ public, and
WHERE1\S, the County pursuant thereto has adopted a Land
Developmen1: Code (Ordinance 110. 91-102) wtlich establishes regulations
flJr the zarling of particular geographic dj.visions of the County, among
wllletl is ttle allowance of off-site parkin~11 a!ld
WHERDlS, the BOnrd of Zoning Appeals, being the duly elected
c()nstltutecl board for Collier County which includes the area hereby
affected, tlas held e public hearing after notice and has considered the
advisability of off-site parking as shown on the attached plot plan,
E;(hibit "AI'I, in an RMF-12 zone for the property hereinafter described,
and has found a!; a matter of fact that satisfactory provision and
arrangement: havn been made concerning all applicable matters required
b~' said regulations anlj in accordance with Subsection 2.3.5.3, Secti,)n
2," 7.5 and Division 3. J of the Collier County Land Development Code, :Ear
tile unincorporated arei! of Collier County, and
WHEREAS, all interested parties have been given opportunity to be
hE!ard by this Board in a public meeting an,j the Board having conside]~ed
all matters presented,
NOW THEREFORE BE IT RESOLVED BY THE B01\RD OF ZONING APPEALS of
Collier County, Florida, that the petition filed by David S. Wilkison
01: Wilkison & Associates, Inc., representing Smuder-Faust Realty wittl
respect to the property hereinafter described as:
Lot 32, Block 248, Golden Gate city UJlit 7, in Section 28,
Township 49 South, Range 26 East, as ]~ccorded in Plat Book 5
Pages 135-146, of ~he Public Records of Collier County,
Florida.
bEl and the same hereby is approved for off--site parking as shown on the
at:tached plot plan, Exhibit "A", of the RNF-12 zoning district wherein
JlJL 1 6 1996
Baid property is locatEld.
BE IT HESOLVED thclt this Resolution n,lating to Petition Number
OSP-96-1 be recorded in the minutes of this Board.
CornmiSEiioner
Mac'Kie
offered the foregoing
Hesolution and moved for its adoption, seconded by Commissioner
Matthe'WR
and upon roll call the vote was:
}~YES: Commi.::\sioner f1ilC1 Kie" Commissioner M,:l.tthe'...s, COlllmissioner Hancock,
COmmi!iSioner.Con.::;tantine, and COmmi,98ionar Norris
NAYS:
ABSENT AND NOT VOTING:
).BSTENTION:
Done this 16
day of
July
1996.
}\TTEST: '. "', .
DWIGHT E, BR")CK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: /2-~~~
JOR'it C. NORRIS, CHAIRMAN
~~r~fr-7V2l'"
F,PPROVED,'AS' TO FOHM AND LEGAL SUFFICIENCY:
']'lltVCf/l'-L: J!] , (1.cu,"! ,'::iCf
1<!arj 0 ie M. student
F.SSISTANT COUNTY ATTORNEY
OSP-96-1 HESOLUTION/17082
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GOLDEN G/lTE PARI<WAY
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EXHIBIT "A"
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LOT 5
LOT 6
G ~Otv!MEf~CIAL BUI~DING~;
I EiLOCr( 248 .
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; RMF-12
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J U l 1 6 1996
RESTRICTIVE COVENANT
AND OFF-SITE PARKING }.GREEMENT
THIS AGHEEMEIlT is made and entered into this 16th day of
July I 1996, by and between Smuder-Faust Realty, Inc. (the
"Petitioner"), and the Collier County Bo,rd of County
Commissioner!; (the "Boardl1).
~ l!: C I TAL 8
WHEREAS, Petitioner is the owner of 4950 Golden Gate
Parkway, Naples I F),or id.a (here inafter the fI Subj act property") ,
more particul.arly described as Lots 7 & 8, Block 248 Golden Gate
city Unit 7 recorcled in Plat Book 5 Page 144 of the P1Jblic
Records of C()llier County, Florid~; and
WHERF..A~)r the Petitioner wishes to operate off-sit,:!: parkinq
facilities all land more particularly described as:
Lot ]2, Block 248, Golden Gate City Unit 7, recorded in Plat
Book S, Page 144 at" the Public Records of Collier County comprised
of RMF-12 zoning-; clnd
WIlERF.AS, the proponed off-site parking does not adversely
impact the charactE!r and quality of the neighborhood nor hinder
the proper future development of surrounding properties; and
WHEREAS, the proposed off-site parking is in conformance "ith
all of the criteria set forth in section 2.3.4.11.6 of the Land
Development Codei and
WHEREAS, the proposed off-site parking ..ill provide six (6)
parking spaces ..hich ..ill provide the necessary parking for the
Subject PrclpertYi and
WHEREJ,S, the Board has passed Resolution No. 96-.,;U'.L
attached hE!reto as Exhibit IIA", relating to Petition OSP-96-1,
approving the proposed off-site parking.
NOW, THEREFORE, in consideration thereof, thl! Petitioner
agrees:
1. 1~he above recitals are true and correct and incorporated
herein by l~eference.
2. That the proposed off-site parking area:3 shall never be
encroached upon, used, sold, leaGed, or conveyed for any purpose
except for use in conjunction with the Subject Property and used
JUl 1 6 1996
so long as the off-site parking facilities are required and that
this Agreement constitutes a restrictive covenant.
3. ~ro bear the expense of recording this Agreement in the
Official R"cords of Collier County which shall bind the property
owner and hin heirs, successors aDd assigns.
4. 'f'.lat all of the requirements for a Board of Zoning
~ppeals determination for off-site parking referenced in Petition
OSP-96-1 have been met ~nd approved by Staff.
5. Th is Agre,ement supersedes and modif iea any prior Parking
Agreement wh ich may havt"! been executed betl,o,'een th..a Board and the
then or current owner of the Subject Prc>perty.
6. This AgrE!ernent shall remain irl full force and effect
unless and llntil terminated by the Boarel.
7. This Agreement shall he voided by the Board if other off
street par'king facilities are provided in accordance ~/ith the
requirernerlts of Division 2.3, Collier Cc)unty Land Development
Code.
B. That upon failure to conform 1:0 any of the provisions of
this Agre(!rnent or the attached Agreement Sheet, this ltestrictive
Covenant llnd Off-site Parking Agreement shall become 'raid and of
no effect and the Petitioner shall be n'quired to conform to all
zoning requlations as contained in the Collier County Land
Development Code.
IN WITNESS WHEREOF the parties hernto have set their hands
and seals the day and year first above Hrltten.
. Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONEHS
COLLIER C(~Y, F.Y?7A
By: l~~~
/' IlN C.;.;ORRIS, 'Ja ~;;:n
PETIT ONEH ij/ ~
BY: -A~{{( r;l/
.~ .' ~7 tC7(1
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~Witne0es: /../
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.c. . -' c-Q ;?t-til:'t',r ___
Approved ,~s to fOI~ and
legal sufficiency:
II\~ '~1.:..W )11. (J{'.!.!1C ,t.5....
Mar 0 e M. studellt
Assistant County Attorney
"('n
"lr"),,,,\
JUt 1 6 1996
.ft......"
STATE OF FLORIDA
COUNTY OF COLLIER
The forege,ing Restrictive Covenant and Off-Site Agreemeni: was
ackno,,'ledged before me this It:. N-- day of "";.-1 . 19 $~ by
Richard Faust, President, Smuder-Faust Realty, !nc., a FlorLja
corporlltion, on beht',lf of the corporation. He is peraonally 7<nown
to me or who has produced A-.e~lIfl ~>'o<-)rJ ~aB identifica'tion
and who did (did not) take an oat . .tY~ )~
(affix notarial seal) (' ./~~ ,_ _~
Notar.y J$':blrc-'-=-
E. g i.?' STRcl"'/'#...eO
(l'rint lIame of Notary Public)
ofi,::.:;;,~ ,- E. RUTH STAOl'PAI\O
~i ~"'. f-) l!Y Old"",,,,, "''', oev
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~ 't:' '::dldnnJhry~=.~t\.^_.~~J
NOTARY PUBLIC ,
Serial/Commission I: Ii! 31 "t.;Z '/
My Commission Expires: S'6'1"'7' j,Wil7'
OSP-96--1 AGHEEMENT/md/14971
On"
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Exhibit "A-
JUl 1 6 1996
RESOLUTIOII 96-_3-+9
RELI\TIIIG TO PETITION NUMBEF. OSP-96-1 FOR
OFF--SITE P1\HKING ON PROPERT~ HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREA:S, -the Legislature of the Stnte or Florida in Chapter 125,
Florida Statutes, hag conferred on all counties it\ Florida tho power to
establish, coordinate and enforce zOI\ing and ouch bu~iJ1CS& regulations
as are neC8r!Sary tor the protection of t.he public, and
WHEREA:5, the CO'..lnty pursuant thereto has adopted il Lf\nd
Development Code {Ordinance Ho. 91-102} which ostabllsi:1ea regulaticnB
fo~ the zoning of particular geographic divisions of the County, ORang
which is the allow~nce of off-sit~ parkIng, and
WHEREAS, the Board of Zoning ".ppeals, being the duly elected
constItuted board for Collier County which includes the area hereby
aftected, has held a pUblic hearing after notice and has considered the
advisability of off-site parking as shown on the attached plot plan,
Exrlibit "A" I in an RMF-12 zone for the property hereinafter described,
and has found as a mat:ter of fact that satisfactory pl:ovision and
arrangement have been made concerning all applicllble matter.s required
by said regulations and in accordance with Subsection 2.3.5.3, Section
2.7.5 and Division 3.3 of the Collier County Land Development Code, for
the unincor])oratej area of Collier County, .1nd
WHEREA:" all interested parties have hown given opportunity to be
heard by thIs Board in a public meeting a.nd 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 J~iled by David S. Wilkison
of lolilkison & Associates, Inc., representing Smuder-Faust Realty with
respect to the property hereinafter described as:
Lot 32, Block 248, Golden Gate City Un1.t 7, in Section 28,
Townshi_p 49 South, Range 26 East, as rE~corded in Plat Book 5
Pages 135-146, of the Public Records of' Collier County,
Florida.
be and the ~ame hereby is approved for off-site parking as shown on the
attached plot plan, Exhibit "All, of the RMF-12 zoning district wherein
-1-
!DD( (Jon" 225
-,-----,- -._,........--- - - I
,-- '-. --.._---,-
JUl 1 6 1996
saiel property 19 located.
BE IT I~ESOLVED that this Resolution relating to Petition Number
OSP"96-1 be recorded in tho minutes of this Board.
COmmiS1Jioner
Mac'Kle
offered tho foregoing
Resolution and moved t.or ita adoption, 8ucondcd by Com:nisBloner
Matthe...!I
and upon roll call the vote was:
AYES: Comml~~ione~ Mac'Kle, Commieeioner M&tthews., Commissioner Hancock~
Commi4sionec Con.tan~in8~ and Commlsaloner Horrid
NAYS:
ABSI,NT AND !lOT VOTING:
ABS'rENTION:
Done.,this 16
'"
day or
July
, 1996.
" ,
ATT'EST:""'''''''" :
D'lIdll~E"'llH:~CK, CLEM
~~"
APPiilOVEO':is"'J:o FORM AND LEGAL SUFFICIENCY:
", I'
",
BOARD OF ZONING APPEALS
COLLIER C~UN~RIDA
BY: ~o?!C""~~z;:::-:===
JOHN C. NORRIS, CHAII%\N
/
7J k:iA;1t' u; 'd.J:L..{l{!hI. a:&L.
Marjo e M. Student
ASSISTANT COUNTY ATTORNEY
OSP'-96-1 RESOLUTION/17082
!OOl neo" 22G
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