Loading...
Resolution 1996-371 RESOLUTION 96- 371 RELATING TO PETITION NUMBER OSP-96-2 FOR ~FF-SITE PARKING ON PROPERTY HEREINAFTER D~SCRIBED 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 f9r the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of off-site parking, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of off-site parking as shown on the attached plot plan, Exhibit "A", in an RMF-6 zone 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 SUbsection 2.3.5.3, Section 2.7.5 and Division 3.3 of the Collier County Land Development Code, for the unincorporated area of Collier county, 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 the petition filed by Terrace Kepple of Bruce Green & Associates, representing Gulf Gate Subway and Gulf Gate Lounge with respect to the property hereinafter described as: Lot 39, Naples Grove and Truck company's Little Farms No.2, as recorded in Plat Book I, Page 27A, of the Public Records of Collier County, Florida. AUG 1 3 1996 be and the same :.ereby is approved for off-site parking as shown on the attached plot plan, Exhibit "A", of the RMF-6 zoning district wherein said property is located, subject to the fOllowing conditions: a. Prior to final site development Plan (FSDP) approval, an off-site parking agreement shall be approved by the Board of County Commissioners, and the applicant shall bear the cost of recording the restrictive covenant and off-site parking agreement in the public records, and shall provide the Planning Services Department with a copy of the recorded document when submitting the final SDP approval. b. Lighting shall be designed to shield streets and all adjacent properties from direct glare, excessive light, and hazardous interference with automotive and pedestrian traffic. c. Overnight parking of motorized vehicles or trailers and overnight storage of any items or materials on Lot 39 is prohibited. A sign shall be posted at the driveway entrance to specify these conditions. d. The petitioner shall submit a final site development plan in accordance with Division 3.3 of the LDC. e. The proposed parking lot shall be surfaced with asphalt or concrete and striped accordingly. f. A 15 foot landscape buffer strip shall be provided along the western property line where it directly abutting the residentially zoned property. This is to include a fence or berm as required in Section 2.3.4.11.4(g) in the Land Development Code. g. No access shall be provided from the off-site parking lot (/39) to any adjacent residential street. The access shall be from the existing C-4 commercial lot 138. h. The petitioner shall provide an architectural finish surface on the existing 2 story building such as stucco or brick. This shall include an architectural roof treatment at least 70 percent of the north and east roof areas. i. The petitioner shall provide landscaping consistent with the LDC around the building where possible. In areas where this requirement can not be provided a planter box shall be provided. j. The petitioner shall provide on average a 15 foot wide landscape buffer along U.S. 41 except for the two driveways. BE IT RESOLVED that this Resolution relating to Petition Number OSP-96-2 be recorded in the minutes of this Board. Commissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Hancock and upon roll call the vote was: AUG I 3 1996 NAYS: AYES: Commissioner Constantine, Commissioner Hancock, Commissioner Mac'Kie, Commissioner Matthews, and Commissioner Norris ABSENT AND NOT VOTING: ABSTENTION: Done this 13 , 1996. August day of , \, .. " " " ~ A'rrEST:. .........', ..... BOARD OF ZONING APPEALS DwrCHTE.. BROcR:,.':ct,ERK COLLIER COUNTY FLORIDA ~~,-~g~ r.\;. 0:' .. APPRO~ AS "TO..Fdiuf AND LEGAL SUFFICIENCY: 'h. """' ~.u__ -0?1.~ Mar 0 e M. Student ASSISTANT COUNTY ATTORNEY OSP-96-2 RESOLUTION/17418 L\""~' ""':',",' >,", .L~C ;.0'0 ,'G', ~:....."'CC :!::iU ~Q) .Q,);!: it.,.U1 0.:., :":;.;' , ~ ,..(' . i "'Jro.. ~~ .,S 3U5i ,,~'~ . .(;;/~;. . tJ/:. i:' ~( ~ " j~: ....,:. r:"~. f~ , 0' .S ~ x <oJ (.irilnt'~.... _'MM" . . .~ E:wistin9 Culf Col. P1azo Por1<ing ond driv.,;_". ',' .::';;"i;:~_.._. . , ~.. " --...._._~....... ,-,- , f' ..~ .. -. ~ ~ I C Q) > J.,..J ...... ID ',', .. '-to' ""0 ~CD' 'f'r.-; G..~ ..~":Il: I ~.::. ~ "A" AUG 1 3 1996 RESTRICTIVE COVENANT AND OFF-SITE PARKING AGREEMENT THIS AGREEMENT is made and entered into this 13th day of August, 1996, by and between Lloyd G. Sheehan, Trustee and Robert A Bliven (the "h,titioner"), and the Collier County Board of County Commissioners (the "Board"). R B C I TAL 8 WHEREAS, Petitioner is the owner of 2564 Tamiami Trail E., Naples, Florida (hereinafter the "Subject property"), more particularly described as Lot 38, Naples Grove and Truck Company's Little Farms No.2, recorded in Plat Book 1, Page 27 of the Public Records of Collir County, Florida; and WHEREAS, the Petitioner wishes to operate off-site parking facilities on land more particularly described as: Lot 39, Naples Grove and Truck Company's Little Farms NO.2, recorded in Plat Book 1, Page 27 of the Public Records of Collier County comprised of RMF-6 zoning; and WHEREAS, the proposed off-site parking does not adversely impact the character and quality of the neighborhood nor hinder the proper future development of surrounding properties; and WHEREAS, the proposed off-site parking is in conformance with all of the criteria set forth in Section 2.3.4.11.6 of the Land Development Code; and WHEREAS, the proposed off-site parking will provide one hundred seventy eight (178) new parking spaces which will serve to provide the necessary parking for the SUbject Property; and WHEREAS, the Board has passed Resolution No. 96- 57/ attached hereto as Exhibit "A", relating to Petition OSP-96-2, approving the proposed off-site parking. NOW, THEREFORE, in consideration thereof, the Petitioner agrees: 1. The above recitals are true and correct and incorporated herein by reference. 2. That the proposed off-site parking areas shall never be encroached upon, used, sold, leased, or conveyed for any purpose except for use in conjunction with the Subject Property and used &001 000 W! 156 AUG 1 3 1996 so long as the off-site parking facilities are required and that this Agreement constitutes a restrictive covenant. 3. To b~ar the expense of recording this Agreement in the Official Recoc~~ of Collier County which shall bind the property owner and his heirs, successors and assigns. 4. To abide by all of the conditions and stipulations described in the Agreement Sheet noted as Exhibit "B" and by the Site Plan noted as Exhibit "C" attached hereto and incorporated by reference herein. 5. That all of the requirements for a Board of Zoning Appeals determination for off-site parking referenced in Petition OSP-96-2 have been met and approved by staff. 6. This Agreement supersedes and modifies any prior Parking Agreement which may have been executed between the Board and the then or current owner of the Subject Property. 7. This Agreement shall remain in full force and effect unless and until terminated by the Board. 8. This Agreement shall be voided by the Board if other off street parking facilities are provided in accordance with the requirements of Division 2.3, Collier County Land Development Code. 9. That upon failure to conform to any of the provisions of this Agreement or the attached Agreement Sheet, this Restrictive Covenant and Off-Site Parking Agreement shall become void and of no effect and the Petitioner shall be required to conform to all zoning regulations as contained in the Collier County Land Development Code. IN WITNESS WHEREOF the parties hereto have set their hands And ~~alB,.the day and year first abc',,'=!: written. <Attest: DWIGHT E. BRO~.Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY'~ ' ?-"O'OHN C. NORRIS, Cha rman t~",~~,,, ~"WiJ~f . -'. /. . . . .,,~ " " ," ' ~OOK ODD"., 157 ~ Witnesses: ~~~~ ~ Approved as to form and legal sufficiency: ~ i :-/}'I. ~~;-'(~ Mar fe M. S udent AssistAnt County Attorney STATE OF FLORIDA COUNTY OF COLLIER ss. AUG I 3 1996 PETIT~~ ~ By: ~.~ o . G. Shee an, Trustee 4Pl~ Robert A. B1 ven * * * . * The foregoing R",J.;e+l"2 CoII~rc..;\-~,,*,;A. P.,.'a"Restrictive CovenAnt and Off-Site Parking Agreement was Ac~nowledged before me by Petitioners, R I 111"'-'" and Sl-l-e~ k.., before me this ~ day of 0. o:O~t,l{ chY\.o.A*l~ Notary 1 c Q~~L U. M.OJ-til1 Pr nted,~~r Stamped Name C.C.4-S1C,,{L Commission Number (\ SWORN TO AND SUBSCRIBED 1J..~ ~Ad- , 1996. OSP-96-2 AGREEMENT/md/14962 acn.'iAXMAKnN NC1ARY I'lIDLIC STATE OF FlORIDA , COMMlSSlON NO. CC4516t2 MY COMMISSION EXP. APR.. rt 1999 &OOK 000 FA'd58