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Resolution 2009-256 RESOLUTION NO. 09- 256 A RESOLUTION BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING PARKING EXEMPTION PETITION PL-20090000260, IN ORDER TO ALLOW CONSTRUCTION OF A PARKING LOT WITHIN THE MARCO SHORES PUD, LOCATED IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, 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 adopted a Land Development Code (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, Section 4.05.02 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 PL-20090000260, which requests a Parking Exemption within the residential PUD known as the Marco Shores PUD, on a 1+/- acre tract which is located in Section 26, Township 51 South, Range 26 East and is more particularly described in Exhibit A, to allow construction of a parking lot to serve employees and patrons of the Marco Island Executive Airport as shown on the Site Plan attached as Exhibit B, and has 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. PE-PL2009-260 REV. 6/02/09 Page 1 of2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition PL-20090000260 filed by D. Wayne Arnold of Q. Grady Minor and Associates, P .A., representing the Collier County Airport Authority, is approved to allow construction of a parking lot to serve employees and patrons of the Marco Island Executive Airport within the residential PUD known as the Marco Shores PUD, on a 1+/- acre tract which is located in Section 26, Township 51 South, Range 26 East and is more particularly described in Exhibit A, attached hereto and incorporated herein by reference. The parking lot shall comply with the Site Plan attached hereto and incorporated herein as Exhibit "B", and shall be subject to the conditions set forth in the attached Exhibit C. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. PASSED AND DULY ADOPTED by the Board of Zoning Appeals of Collier County, Florida, this "dJ ~ day of [) e.h>bu- ,2009. ATTEST: BOARD OF ZONING APPEALS DWIGHTE. BROCK, CLERK COLLIE COUNTY, FLORIDA I ....."~'= I_- By: ~~ ~d-tt ..~y~_. ',' ..,.. , . ~t0L- ':~~._ .'..4,' .Clerk DONNA FIALA, Chairman -"~'~'~' : l.. _ . . j - . '" . L..> .' .', ", " ~ ,,: ... t,':,' Iv.,;" .. ; _. . ,..... A~rovM1i&lt~\:fo~: ;md lega!fSJ}ffiGien~~6~~~; ~7';UG 01 . \~(~~~CC\ . ' - <h'Y f.t,r Heidi Ashton-Cicko Section Chief, Land Use/Transportation Attachments: Exhibit A - Legal Description Exhibit B - Site Plan Exhibit C - Conditions of Approval 09-CPS-00958/4 PE-PL2009-260 REV. 6/02/09 Page 2 of2 ~** OR: 4395 PG: 1278 tit EXHIBIT" A" That portion of Tract Q, Marco Shores Unit One, a subdivision according to the Plat thereof as recorded in Plat Book 14. Pages 33 through 38, Public Records of Collier, Florida, more particularly described as follows: Beginning at the northeast comer of Tract "a"; thence along the east line of said Tract "a", South 11059'55" East, 332.93 feet to a point on the north right-of-way line of Mainsail Drive according to the plat of said Marco Shores Unit One; thence along said right-of-way line South 77054'19" West 131.94 feet; thence leaving said right-of-way line North 12000'24" West 307.62 feet to a point on the boundary of said Tract Ila"; thence along said boundary in the following two (2) described courses. 1) North 24045'16" East 7.32 feet: 2) North 69'114'17" East 129.11 herein described. B.earings are based on the a I o th 11059'55" East. Containing approximately - ." -- . Yi,,,,.'W_,,_j~ ------------ ... EXISTING RUNWAY e.. II: I:) ~ -.c ~ 5 e:: F ~ Q. z ~ ~~ ~ ~~ Iiii Cl I!! ~ ~m ~ 8 .. _" _" _.. _" _. _.. _.. _" _" _.. _" _" _" _,. _' (lP~ll.~. T~.IW~y'. _.. _.. _" _" -.. -.. -" -.. -" ~ !l it HI ,,"'-" - ~ .. '"1- ;>; ;:"': ~ B EO: ~~ ::. ~ t !Hi ~ 5 i t 0 j Hi . s;;;.i; ~ I- ti: ~~t~ 2 ~ e ~ ~az ~ ~ s ~ Q. 52!;!! 0,", Ii! 0,", !i:>~ w:.;:;;: 0 ~4 w:';:;;: ..!'; Ul~ "" .'" lfl~ liit; ::>lfl~ 0 e.~" ..J :>!!!~ "I~il! - = ~i~i o 5 \;!!;ll;! 00 - e5"O ~ gSo i!i"'<i: ~oibl ~ <lid m$W >1.1I ::J >c: ~ "C'... ~ '" :> 3 x ..~ n. w ~ 5 ~ 1 <i: n. w ~e< e ~ I g C l!1l:.~ C c..? 0 - ~ w w~ w.. II . e zw ~lll 5i~ 2~ N::J i! ~ r:se ;; AIRPORT PROPERTY LINE " ~ z ' I a i I~ o , e . ~ , e I I p~ I, )., Iii, ~ -'~'~:1':'1 ~ I UJ "'...'" '''I (/) ~ zz ,\\' '~"l w~ I; 00 ~" "J D::o is 00 -\,;:9~'I' i1'"' lfl ":~IJl'I- lflW ~ c ,~:'~r~:\ o~ ow.. _ ~'!l'i.",\,~, Uo ." ~lll ,\'I:l<,'~";'\l $...) N::> '\~. """"i\';' ~ 'i;;> - ?~'.~Y'{. ~ - :;-~ "'_1_ t ~~ i ! ...... _ 0 ~I ~ l:J... ~w ~ gs 0 Olfl Z :I:...) W N::> ! I tu5 VJo" ~ t ~ Z m Ow ~ 0 13j :J VCL ~ & .. . ~ ~ ~g ~:i. . - ..... .--- ffi W ~~ lfl - : :~ n. g; oo:;i ~ & I '9' 0 '"' ::> z ;!;::i I l~ o. i :S\ g: ~ Q. ~ ffi J .I~. . l ... 0 ... :.~ i . .g:. ~ ~ ~w ~ @= S I: . It; Q; ~ OVl z t2 'ME :~: <( ~ N::> !E :~ i I :il I . .~ :z,~' <> , :s! :~t! I;; ~ ~ '" ~ 'II :c:~i 1 i li~ % " : { i~.~j IlfJ iil. ~p ~ ~ ; 8: ~ Il~: ~t; ~ ;i ~: i~ r ,"" u ,0, iO, Ii 'i:ll' <> .. u'. '~'f' ",... ~, I It I o~ : :H. 1 I j ~t:: .~. I I . 0% t. '.~; IL~ 11. 0:> ~ '~i i~ '& ! i ; ,~: i~.' ;:~ 't,;:! f Exhibit B CONDITIONS OF APPROVAL MARCO ISLAND EXECUTIVE AIRPORT PE-PL2009-260 1. The Parking Exemption approval shall be limited to that which is depicted on the site plan, prepared by Grady Minor, dated April, 2009, and identified as the "Marco Island Executive Airport Parking Exemption Site Plan," and 2. The Parking Exemption is limited to a maximum of 71 spaces, comprised of 68 actual parking spaces and three loading and unloading spaces, The parking spaces shall only be used by employees and patrons of the Marco Island Executive Airport; and 3. The site plan noted is conceptual in nature for Parking Exemption approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations, and receive appropriate and required approvals thru all federal, state and county agencies; and 4. The Department of Zoning and Land Development Review Director, or his designee may approve minor changes in the location and or siting of structures or improvements authorized by this Parking Exemption, so long as these minor changes remain consistent with all applicable development standards; and 5. Expansion of uses identified and approved within this Parking Exemption approval, or major changes to the approved plan, shall require the submittal of a new conditional use application or an amendment to the PUD. The Parking lot use shall comply with all applicable County ordinances, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended, for Site Development Plan (SOP) review and approval; and 6. The parking lot shall not be used to store or park any vehicles or equipment for airport use, utility or golf maintenance use; and 7. The airport authority shall post signs advising that the parking lot is for use by airport patrons and employees only. Exhibit C CONDITIONS OF APPROVAL 7-22-09.doc Page 1 of 1