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Resolution 1995-158 13A 1 RESOLUTION NO. 95-158 RELATING TO PETITION NUMBER V-94-18, 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) 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 elected 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 variance permitting the reduction of 41 parking spaces from the required 71 parking spaces to 30 parking spaces as shown on the attached plot plan, Exhibit "All, in a PUD 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 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 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-94-18, filed by Richard H. McCormick of Wilkison & Associates, Inc., representing United Church Homes, Inc., with respect to the property hereinafter described as: Tract D, Collier Village (Part B), as recorded in Plat Book 17, Pages 60-62, of the Public Records of Collier County, Florida. 13A 1 be and the same hereby is approved for a variance permitting the reduction of 41 parking spaces from the required 71 parking spaces to 30 parking spaces as shown on the attached plot plan, Exhibit "A", of the PUD zoning district wherein said property is located, subject to the following conditions: Exhibit "B" BE IT RESOLVED that this Resolution relating to Petition Number V-94-18 be recorded in the minutes of this Board. Commissioner Mac'Kie offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Hancock and upon roll call the vote was: AYES: Commissioner Mac'kie, Commissioner Hancock, Commissioner Norcis~ Commissioner Constantine and Commissioner Matthews NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 28th day of Febcuat'y , 1995. ATTEST: ., l Rfj II; , li DWI~HT E. BROCK.~CLERK " , v ~t"~>~v AP"~&V~D AS,~O~;;~ '::DLEGAL \: . J :- ~ ~ i,\: , i/'\1A1l':' t.Yll, ..{fr/./rU"d- MARJO~IE M"STUDENT ASSISTANT COUNTY ATTORNEY SUFFICIENCY: V-94-18 VARIANCE RESOLUTION/13259 -7- J. ~~ ii . r. ~t~~! I ' A~ '~,~ =:1":~ ~ e t:~ ':~t :r ~ .e~ ~:. C,. ~~~~ ~ ;'U:i .~f~ ~gf! ~~I~ ~~~;; ~ell~ :~~~ ~~~;i ~I'd am ~ ,~~~; ;ijij~,~ ~i~;f .i;D :f~. 5 ~~i!S ~~"!It .. ..i ~.~~t; ij::::= 'i '11 ~ ! ii~i ~~~~J~ la~a~ Ij~j~ M: Hil i ~r~~ii ~~;H~ i~xI ~~[~ in: =:~::5 5H:~ ~g~: ~~~I UH. ~~~~.~ ..~.~, J~ll .m , , I I ~, ,.l.1 ; I I I "'" I : I I ,l I "! 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'II 1 I I I! IllIiI J: lIlt: "" Hr II ',' I I'. "I, 11M" I I illlll'!' II,' t l'lt "I / I "f I I 'il! lj f ,51... ,Il '1 ,I ,III " u. u Ji r . I I .i~,..th .on" 4 , ..I ..II .. Jilt I ;; I " ~ " ~. I ~ 1:1 IJ I ,,1 0' ,),. O~<l '. l' '. . '~)I i 'Ii' ~. ~: ~~ , I -. . \ I::~ ....~ , !" II I "1 \ ' \ \ \ 1,1 "'....... 0 I \ II)J ',,\_I_.f_1 J7.- ..",~/7' Ill; :i~' I'" IH-,,'u.. ,;-:r II I r \ \" "11 ....1'/..- ",)-c:!G .!'V!A..' '- h.!m'___ --.(/ ~'" \:---.' -, .:<:..- " I:: .... . ".' -';"1 -.....-- '-- -- . ~ ~ '" '. t......__ .-r 1\::"/-': ~_... ~n= '-C;"" . .!l .-. "__f~___ j 1;[1 '1/r"~ .; "' II.. . ~i'~!i il ::.~i:.::-"'-"-~' ~~~ -- -==..~ -~ - ~ ...... - . . , . . .. , . . i . I I 1 I rx-.I=7f'fX z =e~ I I I, .: 1,111I1'! ill: Ill'l" ii' ~ 11I11 "1II111 ~ iil!!: "'~,..,-,lllI III", I,' II, " !J ~ I Exhibit "A" - 1 j,....'" w ..,. en > en - w ... -z (/) I a: 00.' !t ;1;g 11: ~UJ j ~ . Gi .. H i /0 " , 'rl'<j< I I, <:1> olIl1lll': I Wu ~... t-z -:;__ z,c i'- 00 ,.,3 ., ~o !l' ,.. "'Ill . i ~V1 rJi:;! ~< ~.: m l!3 u"~ I ' , ::11 !Ij:j jf ; I o Z f3>- (j) :::;:... UJ oz :::!: J:::l 0 J:O :r: UO :r: <r<r 0 :ow I:J CC O.J ::> 00 :r: wO 0 ....u. zO Cl :0 UJ I- Z ::> '~"'''''"'''''''''-'''''_~__'_'__''_''"_''__,~__~____._''''___,;''<c._'.'~" '. l:- ~ U LLJ Cl AGREEMENT 13A I, Richard H. Mccormick, as owner or authorized agent for petition V-95-18, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on February 2, 1995. Plannina Services: a. When requested by the County, the developer shall build all or part of the reserved parking spaces as deemed necessary by the Development Services Administrator. b. The reserved parking area shall never be encroached upon, used, sold, leased or conveyed for any purpose except in conjunction with the building which the reserved parking area serves. _:"'{~/~,/ .,e/j.,! 4<, u<"J... PETITIONER OR AGENT State of Florida County of Collier The foregoing Agreement '1 !:!' day of Fe .PA:''''''''''~ is personally known to e as iaentif~~d~on and who Sheet was acknowledged before me this ,1995 by ,-"At'r,/ (/lr{'<,--:"",,/... , who or wl,u I,d" prod=ed ' - QJ4 ~did not) take an oath, C/" /J 7 '{w/-J< ~.W <" (S gnature of Notary Public) .; .') , k U/,/1 4 /1 D'u,Jc NOTARY PUBLIC, Commission # (' If :)..1,f'oJ 7 y My Commission Expires: ~/'yv/qC. <Je61'a ~nY 'dX3 NOISSll~1'l(x)AI'l Zl6S1= 'ON ~lSSll'll'im OlXO'H.iO !J.',lS ;)J1S,od AlIV.LON ;jNOOS v YY;XO;l; 'Ii v , . "IVI""'I:!..::f 0 EXHIBIT "B" -l- 1 t ~ ~ , ".; " , ;',' ).- k "', 13A 1 REP~AT~~~ state of Florida County of Collier ~Th~ foregoing.~greement Sheet was acknowledged before me this ~ day of ~1l1AM ,1995 by , who 1S personally known to mel-or wl.u I.d.. pruduG.ca ..as- iaentJ.rl.f..:ClLiolJ ClJld wno aId -(diA not) t-~kp An 03+-h_ ~~~ )~. ~~ (Slgnature of Notary Publ1C) ~e Li 1,00 )(. M a.r-t-i h NOTARY PUBLIC / Commission # C2..C- 0'8'9 (o_~q My Commission Expires: AGREEMENT SHEET/md r.OTA~Y PUrn.lC STATE OF rt1lR~"~ Iff vr'?H::~:G~ D':P. /lPt;.27. lJ'f; i;,;:~r:t~) T;;,~l.! -;:';':?\:. q'.. ". -2- J.)H 1 RESERVATION OF OFF-STREET PARKING AGREEMENT THIS AGREEMENT made this 28 day of February, 1995, by and between Collier County, a political subdivision of the State of Florida (hereinafter referred to as County), and United Church Residences of Immokalee, Florida, Inc" a not-for-profit corporation, and the owner of the development subject to this Agreement (hereinafter referred to as united Church). WIT N E SSE T H: WHEREAS, United Church is the fee simple owner of the United Church Residences of Imrnokalee, Florida, Inc. development located at Hope Circle, Immokalee, Collier County, Florida 33934; and WHEREAS, United Church has applied for Site Development Plan approval with the Collier County Planning Services Department as required by Division 3,3, Collier County Land Development Code; and WHEREAS, the Planning Services Director has determined that 30 parking spaces are necessary based on a buildout of 40 units at a rate of 0.75 spaces per unit as required by Division 2,3, Collier County Land Development Code; and WHEREAS, the Planning Services Director has determined that the 71 space requirement is excessive pursuant to Division 2,3,12, of the Collier County Land Development Code; and WHEREAS, the Planning services Director has determined that the appropriate number of spaces for the 40 units is 30 spaces or 0.75 per unit; and WHEREAS, County has the authority to enter into Reserved Parking Agreements pursuant to Division 2,3 ,12. of the Collier County Land Development Code; and WHEREAS, United Church, as fee simple owner, has the authority to enter into this Agreement and to bind itself, its heirs, successors and assigns to the terms and conditions of this Agreement set forth below; NOW, THEREFORE, in consideration of the findings set forth above which are incorporated herein, the mutual promises set forth -. 13A 1 hereinafter and other good and valuable consideration, County and United Church hereby covenant and agree as follows: 1. United Church agrees to construct 30 parking spaces pursuant to the requirements of the Collier County Land Development Code and approved site Development Plan attached hereto as Exhibit A, 2. United Church agrees to reserve 41 parking spaces until such time as it is determined by the Collier County Planning Services Director that said spaces are no longer excessive and are necessary to serve the United Church development. 3. United Church agrees to maintain the reserved parking area as a landscaped open space area in lieu of paving until such time as the parking area is needed. 4. United Church further agrees that it will permit no encroachments in the reserved parking area. Addi tionally, United Church agrees that it will not use, lease, sell or otherwise convey the reserved parking area except in conjunction with the building or use served by said area. S. Uni ted Church agrees to record this Agreement in the Official Records of Collier County and to bear the expense thereof. 6. This Agreement shall remain in full force and effect unless and until terminated by County. 7. County shall terminate the Agreement only of the reserved parking area is converted to usable parking area or the reserved parking area is no longer required as may be determined by the Collier County Planning Services Director. Said release or termination shall be recorded in the official records of Collier County, Florida. 8. This Agreement shall be binding upon United Church, its heirs, successors or assigns. 9. Should the reserved parking area be converted to paved parking, United Church agrees to submit engineered construction plans for the additional parking area to the Planning services Department for review and approval prior to the commencement of construction. 13A 1 10. This Agreement supersedes and modifies any prior reserved parking agreements which may have been executed by County and united Church of the subject property. IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year fist above written. ATTEST: Dli'IGH'l". '''" BROCK, Clerk , 0'. V",/ ~. . :)y?~_:~- '~t~->ry V) (f _ ... "', ", .. . , '.. - -::;', .~ . ~r . ....."1 //. ". . '~J BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ By: BETTYE UNITED CHURCH RESIDENCES OF IMMOKALEE, .FLOR7DA' C. /) \ 'j I 0 \,:\ ~"J~ d4 \ PRESIDENT Ap ro ed as to form and leg a sufficiency: '7J\~, :'f." u dh &uh ,J MarJov. e M. Student Assistant County Attorney UNITED CHURCH PARKING AGREEMENT/md/13556