Resolution 2009-140
RESOLUTION 09- 1 40
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY RELATING TO PETITION NUMBER V A-
2008-AR-13977, FOR A VARIANCE FROM THE REQUIRED
LANDSCAPE REQUIREMENTS OF LAND DEVELOPMENT
CODE SUBSECTION 4.06.02 LOCATED IN SECTION 11,
TOWNSHIP 50 SOUTH, RANGE 25 EAST 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 (LDC)
(Ordinance No. 2004-41, as amended) 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 from the landscape requirements of Land
Development Code Subsection 4.06.02 by reducing the minimum IS-foot Type "D" buffer width to
10 feet on the property's northern boundary; by reducing the minimum 7.5-foot Type "A" buffer
width on the eastern side to 5 feet; by reducing the minimum 10-foot Type "D" buffer width on the
southern side to 5 feet; and by modifying the minimum 7.5- foot wide Type "A" buffer requirement
on the western side of the property by proving five separate 10-foot wide landscape islands in the
General Commercial (C-4) and Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD) zoning
districts for the property located at 2886 Tamiami Trail East in Section 11, Township 50 South,
Range 25 East, Collier County, Florida, 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 4.06.02 of said Land Development Code 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.
Page 1 of2
NOW, THEREFORE, BE IT RESOLVED BY The Board of Zoning Appeals of Collier
County, Florida, that:
The Petition V A-2008-AR-13977 filed by Albert Lopez of CPH Engineers, Inc. representing
McDonalds USA, LLC, with respect to the subject property, be and the same hereby is approved for a
variance from the landscape requirements of Land Development Code Subsection 4.06.02 by
reducing the minimum 15-foot Type "D" buffer width to 10 feet on the property's northern boundary;
by reducing the minimum 7.5-foot Type "A" buffer width on the eastern side to 5 feet; by reducing
the minimum 10-foot Type "D" buffer width on the southern side to 5 feet; and by modifying the
minimum 7.5-foot wide Type "A" buffer requirement on the western side of the property by proving
five separate 10-foot wide landscape islands all of which is located in the General Commercial (C-4)
and Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD) zoning districts.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2008-
AR-13977 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this
~fc
day
of
n1~
, 2009.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~
A FIALA, Chairman
,
By:
DO
Approved as to form
and legal sufficiency:
>>-~7. wJl .
Steven T. Williams j''''.J~.I~.ill\
Assistant County Attorney
Exhibits Attached:
A: Master Plan
B: Conditions
Page 2 of2
-
--.......
1iIlU"~ CIDI8IlIJI ...
"UJf:. IIIQ
....&. ...
-
- -
.... -
....
~ '.uNI1O~ lIln1Cl:I
.....000'. i ~
NY'ltl NOISN;1WlQ iJJS
II~ lIujlnl!llll'."""
; i !I !III II
I i II I I I
i! ! 1-1 !;II i!~
~I i II flU 1Hl I:::: 1..111. d lhli II,
I- ! I 11111: ....1.... I i I 11=(
'II I .! !!i! !ii! .... 1,,, . i i ill'
. . I
Ii i mil 1111
II.d I! llllUI bll lid 'Ii' L" I l.llih il~
/
,
/
,
/
,
/
I
It -
. T .......n. lIcIVOlICINY'l ON
..' ~/ llel ~II//~~lrl,m'// llel /
// / / / / / /~llk~illt / / / / / /lli' / / /
" /77/////~~1// :////////1I~1//>
/ ~ ~
I,
II
-<
......
..
.c
..
.c
~
~
II t
Ul'-U
1111~
I. !f'MF
~
r ;f~
.... .i
I~
C !
t
r~-""
I -E8 ~
I "
I .
""""" 9
~a
!/J-
w~1
~Il
~J
c Q~ll!
~l3a:
~ !:!\l~
n.,i;'lliiil",
II!
lLl
Ul Q..
Ul II
III Cl
fI! l-
II Ul
tJ .h
Cl z
-' <{
~ ~
lY 1: n
-' 8
III <{
II lL ~
Il
Cl Z ~
r- .t f""
Ul "- t-
<ll Z J
Z <l III
~ III Il!
tli Cll
III UJ
l:- II! > >
:) -' ~
Ui III Ui
Z
J
U. :t iJj Cl
I: u U III
... "
IfI
IfI
~
"
fI! III
UI Z
> i=
0
" <ll
J
n "
z J
J <f
0 r:
II!
" <ll
n
\} ()
" Ul
I
Q 0
8 t
:I w
5 I:
!: I- ;t
:: '; Il
Il III It w
Z II! ~ "
@ ~ w ~
\2='~~
ll. III -' U
o
!II
:>
~~~~ S!
Q
z
ill
"
ill
j
I- ~
7 III
<(
..J
(l
Ul
<ll m
III :)
~ Clw>IlClu. Il!
~ UUOIllf-1ll Jj
(j'~~r,
I hi ~
-'-1
HI j.
: 1,11'1
: n:!:l
.. t.
~
I
<
......
:c
..
.c
~
~
;1
l!il;llH
j. f ~ ;~
co
"'C
I ....
o
u..
~
>.
....,
c
:J
o
o
....
Q)
.-
-
-
o
U
~
(/)
Q)
-
C-
CO
Z
~
(/)
..
"'C
CO:
C '"I
O~
Cl ~!
}j
CONDITIONS OF APPROV AL
V A-2008-AR-13977
April 4, 2009
Staff recommends that the CCPC forward Petition V A-2008-AR-13977 to the Board of
Zoning Appeals (BZA) with a recommendation of approval, subject to the following
conditions:
I. The Variances approved are strictly limited to the landscape buffer width
requirements as depicted on the applicant's conceptual site plan (Exhibit A), entitled,
"Site Dimension Plan, prepared by CPH Engineers, Inc., dated December 2008, as
revised through February II, 2009; and as further depicted in the landscape plan,
entitled "McDonald's, Naples, Collier County, Florida" dated April 1, 2009 (Exhibit
A-I), as further restricted below.
2. The five-foot buffer width Variance granted is limited to the northern, US-41
property boundary, as depicted in the conceptual site plan included as Exhibit A, to
allow a reduction of the 15- foot wide buffer requirement;
3. The 2.5-foot buffer width Variance granted is limited to the eastern property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow a
reduction of the 7.5-foot wide buffer requirement;
4. The 5-foot buffer width Variance granted is limited to the southern property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow a
reduction of the 10-foot wide buffer requirement;
5. The 7.5-foot buffer width Variance granted is limited to the western property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow five,
10-foot minimum width landscape buffers.
6. All the plant materials required by the LDC for screening and buffering shall be
accommodated to the extent feasible in the modified and/or reduced width buffers'
respective areas, in locations to be approved by the County Landscape Architect.
7. Irrespective of that shown on the conceptual site plan included as Exhibit A, the
proposed use shall be required to comply with the Architectural and Site Design
Standards of LDC Section 5.05.08 and all other applicable regulations at the time of
site development plan (SDP) review and approval.
EXHIBIT B