Resolution 2009-152
RESOLUTION NO. 09- 1 52
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, GRANTING PARKING
EXEMPTION PETITION PE-2008-AR-14071, IN ORDER TO
PERMIT OFF-SITE PARKING ON A CONTIGUOUS LOT
ZONED RESIDENTIAL SINGLE FAMILY (RSF-4), LOCATED
BETWEEN ROSEMARY LANE AND RIDGE STREET, IN
SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST IN
COLLIER COUNT, 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 adopted a Land Development Code (Ordinance
No. 04-41, as amended) which establishes regulations for the zoning of particular geographic
divisions ofthe County; and
WHEREAS, Section 4.05.00 of the Land Development Code sets forth requirements and
standards for off-street parking and loading facilities and permits an exemption from these
standards under certain circumstances; and
WHEREAS, after proper notice, the Board of Zoning Appeals held a public hearing to
consider Parking Exemption Petition PE-2008-AR-14071 and found that the criteria set forth in
Section 4.05.02.K.3 of the Land Development Code has been met and the Petition should be
approved; 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:
Page 1 of2
Petition PE-2008-AR-14071 filed by Michael R. Fernandez of Planning Development
Incorporated representing Sandbanks, LLC is approved to permit off-site parking on contiguous
land zoned Commercial (C-4), more particularly described in Exhibit A.
The off-street parking shall comply with the Site Plan dated December, 2008, and
prepared by Planning Development Incorporated., attached hereto as Exhibit B, and shall be
subject to the conditions attached in Exhibit C.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
PASSED AND DUL Y ADOPTED by the Board of Zoning Appeals of Collier County,
Florida, this a'" day of -:s"" u..~e....
,2009.
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DWI~T,e'..BRQC;K.,r~ERK
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Approved as to form
and legal sufficiency:
By:
DO A FIALA, CHAIRMAN
2t-7.w!LL-
Steven T. Williams
Assistant County Attorney
Exhibits: A Legal Description
B Site Plan
C Conditions of Approval
Page 2 of2
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EAST PROPERTY LINE (ADJACENT TO RESIDENTIAL! BUFFER:
15 FOOT MINIMUM WIDTH (VARIES FROM 15 FT TO 40 FT) BUFFER
WITH INTEGRATED e FOOT HIGH PREFABRICATED CONCRETE
WALUFENCE WITH SHRUBS ON BOTH SIDES TO BE MAINTAINED AT
A MINIMUM HEIGHT OF e FEET: AND, TREES 25 FEET ON CENTER
INSTALLED WITH A MINIMUM HEIGHT OF le FEET.
i!
RIW WIDTH BUFFER:
COLLIER COUNTY LAND DEVELOPMENT
COOE (LDC) TYPE D
10' FT MINIMUM WIDTH BUFFER WITH
INTEGRATED 4 FOOT HIGH
PREF ABRICA TED CONCRETE
WALUFENCE WITH SHRUBS ON BOTH
SIDES TO BE MAINTAINED AT A MINiMUM
HEIGHT OF e FEET: AND, TREES 30 FEET
ON CENTER iNSTALLED WITH A MINIMUM
HEIGHT OF 14 FEET.
RSF-4 Residential Zoning District
C4 Commercial Zoning District
RIW BUFFER:
COLLIER COUNTY LAND DEVELOPMENT
CODE (LDC) TYPE D
10' FT. MINIMUM WIDTH BUFFER WITH
TREES 25 FEET ON CENTER INSTALLED
WITH A MINiMUM HEIGHT OF 10 -12 FEET:
AND, DOUBLE ROW HEDGE OF SHRUBS
MAINTAINED AT A MINIMUM OF 3tlINCHES
IN HEIGHT.
HATCH KEY
II Pervious I Cleared
o P....ment
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KEY PLAN / EXISTING CONDITIONS
SCALE: l' = 100'
EXHIBIT
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SCALE: '".30'
NOTES:
1) SITE PLAN WITHIN PARKING EXEMPTION AREA SHALL BE SUSSTANTIALl Y CONSISTENT
WITH DEPICTION.
2) THE PARKING EXEMPTION PARKING SPACES SHAll BE RESTRICTED TO
MEETING PARKING REQUIREMENTS FOR OFFICE SPACE
3) SITE PLAN, BUILDING FOOTPRINT AND LAND USE WITHIN C4 ZONeD
SITE AREA ARE CONCEPTUAL AND MAY CHANGE PROVIDED THE
CHANGE(S) ARE CONSISTENT WITH APPLICABLE LDC DEVELOPMENT
STANDARDS AND PARK.ING EXEMPTION COMMITMENTS.
41 DEVELOPMENT OF A PARKING GARAGE ON THE COMMERCiAllY ZONE PORTION IS
PROHIBITED
rI::AAKINO MATRIX
PAAKlNGSF
(UTlMATEC1J
10.000$1' g.800SF RETAIL
!lO:xm8F 4710llAF OFFlCf
PARKING EXEMPTION AREA
RIW BUFFER.
COLLIER COUNTY LAND DEVELOPMENT
CODE (LDC) TYPE D
10' FT MINIMUM WIDTH BUFFER WITH
iNTEGRATED ~ FOOT HIGH
PREFABRICATED CONCRETE
WALUFENCE WITH SHRUBS ON BOTH
SIDES TO BE MAINTAJNED AT A MINIMUM
HEIGHT OF e FEET: AND, TREES 3lI FEET
ON CENTER iNSTALLED WITH A MiNIMUM
HEIGHT OF 14 FEET
PROVIDED PARKING:
(PARKING EXEMPTION AREA)
~3S~~R~~~~.~:ICZ~~i~~~
(WESTOFPAAi(iNGEXEMPTioN;-'-'.'--
132 PARKING SPACES (><17%)
C4 Commerciel Zoning District
"'5 TOTAL PARKiNG SPACES (100%)
C NTI S Xl N TWAR
TO LANDSCAPED DRIVEWAY ENTRY
ISLANDS ON RIDGE STREET AND
ROSEMARY LANE AS DEPICTED
RIW BUFFER'
COlLiER COUNTY LAND DEVELOPMENT
CODE (LDC) TYPE D
10' FT. MINIMUM WIDTH BUFFER WITH
TREES 30 FEET ON CENTER iNSTALLED
WITH A MINIMUM HEIGHT OF 10.12 FEET:
AND, DOUBLE ROW HEDGE OF SHRUBS
MAINTAINED AT A MINIMUM OF 3tlINCHES
IN HEIGHT.
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KEY PLAN / COMMERCIAL/RESIDENTIAL
ZONING DESIGNATIONS
SCALE: l' = 100'
PARlQNQ EXEMPTION lPEl COMMITMENTS:
1 THE USE OF TItE AllOlTIONAL (PAAKlNO EXEMPTION) PARKING AREA 8H'ILl BE RESTRICTED TO SERVE NORMAl. OFFice BUSINESS HOURS
OF OPERATION. S1GNAaE Will BE POSTED RESTRICTING THE PARKING EXEMPTION SPACES TO HOURS OF use BETWEEN 1 AM AND 8 PM
MONDAY THROUGHFRIOA'I'
2 THE PARkiNG EXEMPTION PARKING SPACES SHAll BE RESTRICTED TO MEETING PAAKINO REQiJlREMENTS FOR OFFICE SPI.CE
3 PARKING WITHIN THE ADDITIONAL (pARKING EXEMPTION) PAAKING AREA IS RESTRICTED TO SURFACE PARkING
4 PARKING WITHIN THE AOOITIONAL. (PARKING EXEMPTION) PARKING AREA SHAU. BE POSTED WITH SIGNAOE DESIGNATING THE PARKING AS
RESTRICTED TO EMPLOYEE PAAl(ING
5 PARkiNG LOT LIGHTING WITHIN T~E ADDITIONAl (pARKING EXEMPTION) PARKING AREA WILL BE RESTRICTED TO LIGHT FIXTURES HAVING ~
OVERAll HEIGHT NO GREATER THAN 42 INCHES
8 THERE SHAll BE NO DIRECT ACCESS fROM T~E .f.OMCENT STREETS TO THE AOOITIONAl (PARkING EXEMPTION) PARKING AREA ACCESS
TO THIS PARkiNG AREA SHALL BE VI... THE COMMERClALt Y ZONED ~OPERTY
7 LANDSCAPING WITHIN THE .-.DO/TlONAl (PARKING EXEMPTION) PAAI(INO AREA SHAlL EXCEED COlliER COUNTY LAND DEVEtOPMENT CODE
(tOC) REQUIREMENTS BY PROVIDING l.NIIOSCAPlNG TO THE FOllOWING STN<<:lARO EACH PARKING SPACE SHALL ABUT A LAHD6CAPE
BUFFER; AflINTERIOR PARKINQ tOT LANDSCAPE ISLAI<<:l. OR A TREE DIAMOND THAT SUPPORTS A P,.I,lhl TREE HAVING ... MINIMUM CLEAR
HEIGHT OF 7 FEET ,f,NQ... MINIMUM OVERALL HEIGHT OF 14 fEET
6 THE BuFFERS FROM THE P,A,RKINQ EXEMPTION ARE'" TO THE ADJACENT US€ S SHALL BE
'SPACE PER 2&0 SF
'SPACE" PER 300 SF
SPACES
1570 SPACf!lo
1$5.4 ~ 1$5 SPACES REQUIRED /PROVIDED
INCLUSIVE Of
1lD,I".a.c:CfSSI8tE PAAll-INO NUMSER OF P,A,RI(INO SPACES, UP TO 200 ~
REQUIRED/PJroVlDEO
LO,f,DING SPACES RET,,"L
OFFICE
,
,
,
"
3 SPACES
REQUIREO I ~OVIOEO
Q TO.ABUTTlNGRESlnfNTI.-.J. LOTS,
eI FOOT PREFABRICATED CONCRETE w.-.u. LOCATEO... hllNlMUhlOF 4 FEET FROM THE COMMON PROPERTY tiNE WITHIN A 15 FOOT WIDE
COWER COUNTY IN<<) DEVELOPMENT CODE TYPE B L.AND8CAPE BUFFER
VEGET...nvE PlNHlNGS SHAlt BE LOCATED EXTERNAL TO THE WAll AHOIQR fENCE SlJQ.j THAT FIFTY (50) PERCENT OF THE WALL
ANOORFENCE 18 SCREENED WITHIN QHE (1l YEAR OF THE INSTAllATION OF $NO VEGETATIVE MATERIAL'" CONTlNlIOUS l-lEOOE SHAlL
BE LOCATED OUTSIDE OF THE WAlL ANO SHAll BE OROWNAHOWJNTAlNED TOAHEIGHT 01'8 FEET ~ IRRIGATION S'l'STEMSHAI..L BE
INSTAlLED TO ENSURE THE CONTINUED VlABI.IT'l'OF THEYEGETATr\IE SCRfEN
1 TREE PER 25 FEET: THE TREES AT THE TIME OF INSTALl.ATIQfoI SHAll BE A MINIMUM OF 30 GALLONS SIXTEEN (lll) FEET IN HEIQHT
~VE"'2 ~NCH CALIPER (AT 12 lNCHESA90VE THE GROUND) AND A SlX-FOQT SPREAD
10,000 SF
FIR8T200001lF
NEXT 25.000 SF
NEXT 12_.
OPION SPACE RtQUIREMENT
PR[SFRVE RfOUIREMENT
I C-4 MINIMUM Y,A,RD REQUIREMENTS
fR(>NT YAlmS (PUBtlC RMI)'
Q TO AlOOf STRfI'T AND ROAPWARY UHF ~I(T .oF.WAY
2lIFEET
ORONE-HALF THE HEIGHT OF THE IlUllOING WHjCHEVER IS GREATER
STRUCTURES !lO fEET IN HEIGHT Of';! GREATER
8HAl..l PROVIDE AN oIlOOITIONAL ONE FOOT OF SET6ACll- FOR EACH FOOT Of
eUllDlNG HEIGHT IN EXCESS Of!lO FEET
4 FOOT PREFABRlCATEO CONCRETE WALL WITHIN A 10 FOOT ~IOE COWER COUNTY LAND DEVELOPMENT CODE TYPE 0 LANDSCAPE
BUFFER:
VEGETATIVE PLANTIN(JS SHAU. BE LOCATED EXTERNAL TO THE WAl..l SUCH THAT FIFTY f50) PERCENT OF THE W.....L AND/OR FENCE IS
SCREENEOWITHlNQNE (1) YEAR OF THE INSTAUATIOH OF SAlOVEGETATIVE MATERIAl .toN IRRIGATION SYSTEM SHAlt BE INSTAlLED TO
ENSURE THE CONTINUED VlA8IUTY OF THE VEGETATIVE SCRfEN THE REQUIRED DOUBLE ~ HfOGE REQUIREMENT SHAll BE SPLIT
BY THE WALL THE COMPOSITE HEDGE SHALt BE GROWN AI<<) MAlNT.AlNED TO A HElGHf OF 8FtET
1 TREE PER 30 FEET: THE TREES AT THE TIME Of INSTALLATION SHAlt. BE A MINIMUM OF 25 GALLONS FOURTEEN "4) FEET IN HEIGHT
f-lAVE'" 2S-lNCHCAUPER{...T 12INCHESA80VE THE: GROUNO)ANOAFlVE.FOOT SPRf.AQ
AN~ YARD ABUTTING RESIDENTIAl
25 fEET
PLANNING DEVELOPMENT INCORPORATED
MIDTOWN POINT
--
CONCEPTUAL SITE PlAN
DEVElOPMENT CONSUt TANTS, ENOlNEERS. PLANNERS AND l..AN08CAPE ARCHITECTS
E,-,~"__,,,,_ . t..__~...,~'
5133 CASlELL.O DRIVE. SUITE 2, NAPlES, FLORIDA 34103
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NAPlES, FLORIDA
PE-2008-AR-14071 Midtown Point Commitments:
1. The use of the additional 0.69:1: acres parking exemption area shall be restricted to serve
normal office business hours of operation. Signage will be posted restricting the parking
exemption spaces to hours of use between 7:00 AM to 6:00 PM, Monday through Friday.
2. The parking exemption is limited to a maximum of 63 parking spaces and shall be
restricted to meeting parking requirements for office space.
3. Parking within the additional parking exemption area is restricted to surface parking.
4. Parking within the additional parking exemption area shall be posted with signage
designation the parking as restricted to employees parking who work at The Midtown
Point development.
5. Parking lot lighting within the parking exemption area will be restricted to light fixtures
having an overall height no greater than 42 inches.
6. There shall be no direct access from the adjacent streets to the parking exemption area.
Access to this parking area shall be via the commercially zoned property.
7. Landscaping within the parking exemption area shall exceed Collier County Land
Development Code (LDC) requirements by providing landscaping to the following
standard: Each parking space shall abut a landscape buffer; an interior parking lot
landscape island; or a tree diamond that supports a palm tree having a minimum clear
height of7 feet and a minimum overall height of 14 feet.
8. The buffers from the parking exemption area to the adjacent uses shall be:
a. To Abutting Residential Lots:
· A 6-foot prefabricated concrete wall, located a minimum of 4 feet from
the common property line; within a 15-foot wide Collier County LDC
Type B Landscape Buffer;
· Vegetative p1antings shall be located external to the wall and/or fence such
that 50 percent of the wall and/or fence are screened within 1 year of the
installation of said vegetative material. A continuous hedge shall be
installed to ensure the continued viability of the vegetative screen;
· 1 tree per 25 feet, the trees at the time of installation shall be a minimum
of30 gallons, 16 feet in height, have a 2.5 inch caliper (at 12 inches above
the ground) and a 6-foot spread.
b. To Ridge Street and Rosemary Lane Right-of-Way:
· A 4-foot prefabricated concrete wall within a 10-foot wide LDC Type D
Landscape Buffer;
· Vegetative plantings shall be located external to the wall and/or fence such
that 50 percent of the wall and/or fence are screened within 1 year of the
installation of said vegetative material. An irrigation system shall be
installed to ensure the continued viability of the vegetative screen. The
required double row hedge requirement shall be split by the wall. The
composite hedge shall be grown and maintained to a height of 6 feet.
· One (1) tree per 30 feet, the trees at the time of installation shall be a
minimum of25 gallons, 14 feet in height, have a 2.5 inch caliper (at 12
inches above the ground) and a 5-foot spread.
Exhibit C