Resolution 1997-458 ....... ~.~,~,,= u~ FKOPEI~TY 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 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 an automated teller machine (ATM) and off-site parking as
shown on the attached plot plan, Exhibit "A", in an RMF-12 zone for the
property hereinafter described, and has found as a matter of fact that
s~tisfactory 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
~%atters presented,
NOW TIIEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS ~f Collier
County, Florida, that the petition filed by William L. Hoover, AIC~ of
Hoover Planning Shoppe, representing First National Bank of Naples - Golden
Gate with respect to the property hereinafter described as:
Lot 31, Less the easterly 40 feet, and Lot 32, Block 84,
Golden Gate, Unit 3, as recorded in OR Book 1028, Page 1836,
of the Public Records of Collier County, Florida.
be and the same hereby is approved for an ATM and off-site parking as shown
on the attached plot plan, Exhibit "A", of the RMF-12 zoning district
wherein said property is located, subject to the following conditions:
Prior to Final Site Development Plan (SDP) approval, an
off-site parking agreement shall be approved by the Board
of County Commissioners, and the applicant shall bear the
-1~
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.
The undeveloped portion of this property contains numerous
cabbage palms. Prior to final site development plan
approval, petitioner shall provide a site clearing plan
including:
a. Limits of clearing.
b. Note on plan indicating methods of barricading to
be used to protect vegetation to remain.
c. Note on plan stating that barricades will remain
in place until completion of construction.
Petitioner shall retain ten percent of the existing native
vegetation on site (by area) or mitigate according to
Section 3.9.5.5.4 of the Land Development Code. For this
property, petitioner may utilize a tree count of cabbage
palms with above ground trunks to calculate this requirement.
The above mentioned calculations must be included on the site
plan.
Be
Prior to final site development plan approval, a note shall
be placed on the site plan stating that all exotic vegetation,
as defined by County Code, shall be removed from the site,
and that the property owner shall be responsible for
subsequent annual exotic removal.
Petitioner shall submit the appropriate site clearing fee,
prior to Final Site Development Plan approval.
Prior to Final Site Development Plan approval, the petitioner
shall submit a landscape and irrigation plan which meets the
requirements of Section 2.4 of the Land Development Code and
increases the number of required trees by fifty percent.
Prior to Final Site Development Plan approval, the site plan
shall indicate a sidewalk, a minimum of 5 feet in width,
along street frontages of the existing bank and the off-site
parking lot.
8. This Resolution is for parking and an automated teller
machine only. All other commercial activities shall occur
on the portion of the property zoned General Commercial (C-4).
BE IT RESOLVED that this Resolution relating to Petition Number OSP-
97-3 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote·
Done this ~ day of ~~_~ , 1997.
ATTESTS.'..' ?..~:, BOARD OF ZONING APPEALS
DW~.'~. BR6~'~erk COLLIER COUNTY, FLORIDA
· '-'
- U 7~...~-. ~. ~" ' - MOTHY~.~HANC~CK, Chairman
Appro d'as"to F~Yrm and Le al
~,. ~,. g Sufficiency:
Marj~ie M. StUdent
Assistant County Attorney
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S.3~54'3g'E. 125.~'
RESTRICTED COVENANT
AND OFF-SITE PARKING AGREEMENT
THIS AGREEMENT is made and entered into this ~- day of~~
1997, by and between First National Bank of Naples (.the 'Petitioner")
and the Collier County Board of County Commissioners, (the 'Board"}.
James A. McTague, Inc., the owner of the shared parking area (the
'Owner")
RECITALS
WHEREAS, Petitioner is the owner of the property on which the
First National Bank of Naples - Golden Gate Branch is located
(hereinafter the ~Subject Property"), more particularly described as
Lots 1, 2 and 3, Block 84 Golden Gate Unit 3, in Section 28, Township
49 South, Range 26 East, Collier County, Florida; and
WHEREAS, the Petitioner wishes to operate an automated teller
machine (ATM) and off-site parking facilities on lands of the Owner
more particularly described as Lot 31, less the easterly 40 feet and
Lot 32, Block 84, Golden Gate Unit 3, OR Book 1028 Page 1836, in an
RMF-12 Zoning District; and
WHEREAS, the proposed ATM and off-site parking ~rea 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 twelve (12)
parking spaces which will provide necessary parking for the Subject
Property; and
WHEREAS, the Board, sitting as the Board of Zoning Appeals, has
passed Resolution No. 97-454 attached hereto as Exhibit "A", relating
to Petition OSP-97-3, approving the proposed off-site parking.
NOW, THEREFORE, in consideration thereof, the Petitioner and Owner
agree:
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 use so long as the
off-site parking facilities are required and that this Agreement
constitutes a restrictive covenant.
3. Petitioner is to bear the expense of recording this Agreement
in the Official Records of Collier County which shall bind the owaer
and his heirs, successors and assigns.
4. Petitioner shall abide by all of the conditions and
stipulations described in the Resolution noted as Exhibit "A" and by
the site plan noted as Exhibit "B" attached hereto and incorporated by
reference herein.
5. All of the requirements for a Board of Zoning Appeals
determination for off-site parking referenced in Petition OSP-97-3 have
been met and approved by staff.
6. This Agreement shall remain in full force ~nd effect unless
and until terminated by the Board.
7. This Agreement shall be voided by the Board if other off-site
parking facilities are provided in accordance with the requirements of
Division 2.3 of the Collier County Land Development Code.
8. That upon failure to conform to any of the provisions of this
Agreement or the attached Resolution, 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
seals the day and year first above written.
TE~T.. BOARD OF County COMMISSIONERS
TIMOTHY/. h~NO~K, Chairman
1)A-1
.tnesses:
~ature
~nted Name
FIRST NATIONAL BANK OF NAPLES
By:
Its:
)ignature
:inted Name
tnesses:
:Signature
Printed Name
OWNER:
James A. McTague, Inc.
;Signature
Printed Name
Approved as to Form and Legal Sufficiency:
Mm
Assistant County Attorney
f~/Restrictive Covenant 0~-~?-3