RESOLUTION A RESOLUTION RELATING TO A SITE PLAN WITH DEVIATIONS; DETERMINING

Transcription

1 Ageda Item 12-a)1 Meetig of 5/16/18 RESOLUTION A RESOLUTION RELATING TO A SITE PLAN WITH DEVIATIONS; DETERMINING PETITION 18-SPD3 FOR A DEVIATION TO SECTION TO ALLOW ELEVATOR SHAFTS, STAIR TOWERS, ACCESS TO AN AMENITY DECK, POOL LIFT FOR ADA COMPLIANCE, CHIMNEYS, MECHANICAL EQUIPMENT AND SCREENING FOR MECHANICAL EQUIPMENT, AND A NON-HABITABLE ROOFTOP CUPOLA TO EXCEED THE ALLOWED MAXIMUM HEIGHT OF 3 STORIES AND 42 FEET BY 7 FEET; A DEVIATION TO SECTION TO ALLOW A MAXIMUM LOT COVERAGE OF 50 PERCENT WHERE A MAXIMUM OF 45 PERCENT IS REQUIRED; AND CONSIDER CONDITIONAL USE APPROVALS PURSUANT TO SECTION FOR TRANSIENT LODGING, TO SECTION (e) FOR VALET PARKING, AND TO SECTION FOR A PARKING NEEDS ANALYSIS, FOR PROPERTY LOCATED AT 1160 AND 1170 THIRD StREET SOUTH, AND OWNED BY 2000 NEAPOLITAN LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP, AND THIRD STREET PLAZA, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND LEASED TO OLD NAPLES HOTEL, LLC, A DELAWARE LIMITED LIABILITY COMPANY, MORE FULLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 2000 Neapolita Limited Partership, a Florida limited partership ad Third Street Plaza, LLC, a Florida limited liability compay, are the owers of the property located at 1160 ad rd Street South; ad WHEREAS, Joh M. Passidomo, Esq., Cheffy Passidomo, has bee authorized by the owers to act as aget ad file this petitio; ad WHEREAS, the petitioer has requested a Site Pla with Deviatios for a deviatio to Sectio to allow elevator shafts, stair towers, access to a ameity deck, pool lift for ADA compliace, chimeys, mechaical equipmet ad screeig for mechaical equipmet, ad a o-habitable rooftop cupola to exceed the allowed maximum height of 3 stories ad 42 feet by 7 feet; a deviatio to Sectio to allow a maximum lot coverage of 50 percet where a maximum of 45 percet is required; ad cosider coditioal use approvals pursuat to Sectio for trasiet lodgig, to Sectio (e) for valet parkig, ad to Sectio for a parkig eeds aalysis, for property located at 1160 ad rd Street South, ad owed by 2000 Neapolita Limited Partership, a Florida limited partership, ad Third Street Plaza, LLC, a Florida limited liability compay, ad leased to Old Naples Hotel, LLC, a Delaware limited liability compay; ad. WHEREAS, the Plaig Advisory Board, followig a advertised public hearig o April 11, 2018, cosidered the public iput, the recommedatio of the staff, ad the stadards ad guidelies of Sectio 46-33(g), Site Pla with Deviatios, ad recommeded by a vote of 4 to 3 that the Site Pla with Deviatios requests icluded as part of Petitio 18-SPD3 be approved fidig that the' criteria have bee met; ad WHEREAS, the Plaig Advisory Board, followig a advertised public hearig o April 11, 2018, cosidered the public iput, the recommedatio of the staff, ad

2 Resolutio Page 2 the stadards ad guidelies of Sectio 46-34(d), Coditioal Uses, ad recommeded by a vote of 4 to 3 that the Coditioal Use requests icluded as part of Petitio 18-SPD3 be approved fidig that the criteria have bee met; ad WHEREAS, after cosiderig the recommedatio of the Plaig Advisory Board ad after providig the petitioer, staff ad the public a opportuity to preset testimoy ad evidece, the City Coucil fids that the criteria set forth i Sectios 46-33(g), Site Pla with Deviatios, of the Code of Ordiaces have bee met ad that the deviatios icluded as part of Petitio 18-SPD3 should be approved; ad WHEREAS, after cosiderig the recommedatio of the Plaig Advisory Board ad after providig the petitioer, staff ad the public a opportuity to preset testimoy ad evidece, the City Coucil fids that the criteria set forth i Sectios 46-34(d), Coditioal Uses, of the Code of Ordiaces have bee met ad that the coditioal uses icluded as part of Petitio 18-SPD3 should be grated; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Sectio 1. Sectio 2. That Site Pla with Deviatios Petitio 18-SDP3 requestig a deviatio to Sectio to allow elevator shafts, stair towers, access to a ameity deck, pool lift for ADA compliace, chimeys, mechaical equipmet ad screeig for mechaical equipmet, ad a o-habitable rooftop pupola to exceed the allowed maximum height of 3 stories ad 42 feet by 7 feet; a deviatio to Sectio to allow a maximum lot coverage of 50 percet where a maximum of 45 percet is required; for property located at 1160 ad rd Street South, ad owed by 2000 Neapolita Limited Partership, a Florida limited partership, ad Third Street Plaza, LLC, a Florida limited liability compay, ad leased to Old Naples Hotel, LLC, a Delaware limited liability compay, more fully described i the attached Exhibit A, is hereby approved. That approval of this Site Pla with Deviatios is based o the architectural site plas prepared by Hart Howerto, dated April, 2018; the site developmet pla prepared by Davidso Egieerig, dated revised April 25, 2018; the ladscape plas prepared by Goetz + Stropes Ladscape Architects, Ic., dated revised April 27, 2018; the Traffic Impact Statemet prepared by Walker Parkig Cosultats, dated February, 2018; the Traffic Impact Aalysis prepared by Trebilcock Cosultig Solutios, PA, dated February 1, 2018; the Valet Parkig Pla prepared by Walker Parkig Cosultats, dated February, 2018; the Parkig Needs Aalysis Executive Summary prepared by Walker Cosultats, dated February, 2018; ad the Parkig Needs Aalysis prepared by Walker Parkig Cosultats, dated February, 2018, copies of

3 Resolutio Page 3 which are o file i the City Clerk's Office, subject to the followig coditios: 1. Ladscapig ad decorative hardscapig istalled withi the public right-of-way alog Broad Aveue South shall be maitaied by the petitioer. 2. Attedats maagig the valet statio shall cotrol ad direct traffic while ay service vehicle is backig up the ramp, sice this ramp is also used as the exit from the udergroud parkig area. 3. The applicat shall be required to udergo utility pla review with the Utilities Departmet prior to buildig permit submittal. 4. The petitioer is required to provide five (5) o-street parkig spaces o 14th Aveue South ad,4th Street South i accordace with the th Aveue South Right-of-Way Improvemet Plas prepared by Davidso Egieerig dated received February 13, Prior to the issuace of a Certificate of Occupacy, the Petitioer shall pay a fair share cotributio of 50 percet of the total desig, costructio ad costructio ispectios costs for itersectio improvemets that may iclude a roudabout, tur laes, traffic sigal or other itersectio improvemet that expads vehicular capacity at Broad Aveue South ad Gordo Drive / 2d Street South ad the petitioer shall also provide reasoable assistace / accommodmio at the southeast corer of the itersectio for right-of-way easemet ad temporary costructio easemet, as eeded. 6. The Petitioer shall acquire separate right-of-way permits for the valet operatios, maiteace of traffic ad the site work withi the right-of-way. 7. Recreatioal facilities o the rooftop shall be excluded from the stormwater quatity rooftop exemptio. 8. There shall be o dewaterig for the udergroud parkig garage from Jue through September uless a egieerig aalysis is provided that demostrates the capacity of the existig storm sewer system ad pump statio ca adequately hadle the additioal capacity durig the raiy seaso. 9. Water quality protectio ad moitorig measures shall be implemeted for dewaterig operatios related to the udergroud parkig garage costructio to address odor, utriets, ad turbidity. 10. A performace bod shall be obtaied by the Petitioer to isure agaist ay damages i the public right-of-way. 11. The public right-of-way is ot iteded to be additioal area for material storage or to accommodate heavy equipmet

4 Resolutio Page 4 ecessary to perform ogoig costructio activities. Temporary closures ad use may be accommodated by acquirig a right-of-way permit i advace of the work. 12. The loadig area at the garage etrace shall ply be used for deliveries. Pickups to occur from the loadig area at the south exit of the garage. 13. Valet operators shall maage all traffic (vehicular, pedestria, bicycle, etc.) whe deliveries are made at the garage etrace. 14. The sidewalk shall ot be blocked by delivery vehicles. Vehicles larger tha the desigated space (if used) shall be allowed to temporarily stage i the available parkig area alog Broad Aveue South if available ad if ecessary. '. 15. Sigage ad crosswalk markigs by all drives shall be determied by the Streets & Stormwater Departmet at the time a right-of-way permit is issued. 16. Except for the cafe ad outdoor diig area show o the groud floor pla prepared by Hart Howerto dated April, 2018 i spaces 4, 4a ad 4b, o outside visitatio for weddigs, baquets, meetigs, or special evets shall be allowed by o-hotel guests i the courtyard or rooftop pool ameity deck. ^ Sectio 3. Sectio 4. Sectio 5. Tfiat Site Pla with Deviatios Petitio 18-SPD3 for cosideratio of coditioal use approvals pursuat to Sectio for trasiet lodgig, to Sectio (e) for valet parkig, ad to Sectio for a parkig eeds aalysis, for property located at 1160 ad rd Street South, ad owed by 2000 Neapolita Limited Partership, a Florida, limited partership, ad Third Street Plaza, LLC, a Florida limited liability compay, ad leased to Old Naples Hotel, LLC, a Delaware limited liability compay, more fully described i the attached Exhibit A, is hereby approved. That approvals of the Coditioal Uses to allow for trasiet lodgig, valet parkig, ad a parkig eeds aalysis i the C1-Retail Shoppig District are pursuat to Sectio 46-34(d) of the Code of Ordiaces. Disclaimer & Permit Coditio (Appiicabie oiy if federal or state permits are required): Issuace of a developmet permit by the City does ot create ay right to obtai a permit from a State or Federal agecy ad does ot create ay liability o the part of the City for issuace of the permit if the applicat fails to obtai requisite approvals or fulfill the obligatios imposed by a State or Federal agecy or udertakes actios that result i a violatio of State or Federal law. If applicable, all other State or Federal permits must be obtaied before commecemet of the project. Sectio 6. That this resolutio shall take effect immediately upo adoptio.

5 Resolutio Page 5 PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORiDA,.THIS 16TH DAY OF MAY, Attest: s. V?.-- / /I Patricia L. Bill Barett, Mayor Approved as to fe^jp _ar3tf leggklfty: Robert D. Pritt, City Attorey Date filed with City Clerk: S'-/P '/P /-s

6 Resolutio Page 6 Exhibit A of Resolutio Page 1 of 2 PROPERTY A: PARCEL I: ALL THAT PART OF DOUBLE BLOCKS 7 AND 8, TIER acglan^f_naeleva^ording TO THE PLAT IN PLAT BOOK 1, PAGE 8, PUBLIC RECOI^SiDF eolllfr COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: "i J -.-^5 A * /. \ \ «,. BEGINNING ON THE EAST LINE OF SAID BLOCK AT A POH^T 9"2-FEET'DlST;:fNT FROM THE NORTHEAST CORNER THEREOF, THENCE WESTERLY AT^IGhCaN-S-I^ES TO SAID EAST LINE 110 FEET, THENCE SOUTHERLY AT RIGHT ANGLES 110 FEET, THENCE EASTERLY AT RIGHT ANGLES 110 FEET TO SAID EAST LINE, THENCE NORTHERLY ALONG SAID EAST LINE 110 FEET TO THE POINT OF BEGINNING. o PARCEL II: A PARCEL, OR TRACT, OF LAND IN UNDIVIDED DOUBLE BLOCK 7 AND 8, TIER 3, ACCORDING TO A PLAT OR PLAN OF THE TOWN OF NAPLES, AS RECORDED IN PLAT BOOK 1, PAGE 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SAID PARCEL, OR TRACT, BEING SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SAID DOUBLE BLOCK, RUN SOUTH ON THE EAST LINE THEREOF 92 FEET THENCE WEST, PARALLEL WITH THE NORTH BLOCK LINE 110 FEET; THENCE SOUTH PARALLEL WITH THE EAST BLOCK LINE 110 FEET; THENCE WEST, PARALLEL WITH THE NORTH BLOCK LINE 36 FEET; THENCE NORTH PARALLEL WITH THE EAST BLOCK LINE 202 FEET TO THE NORTH LINE OF SAID DOUBLE BLOCK; THENCE EAST ON THE SAID NORTH LINE, 146 FEET, TO THE POINT OF BEGINNING. LESS AND EXCEPTING FROM THE FOREGOING PARCELS I AND II THE FOLLOWING: A PARCEL OR TRACT OF LAND IN UNDIVIDED DOUBLE BLOCK 7 AND 8, TIER 3, PLAN OF NAPLES, PLAT BOOK 1, AT PAGE 8, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF SAID DOUBLE BLOCK, RUN SOUTH ON EAST LINE 92 FEET, THENCE WEST PARALLEL WITH THE NORTH BLOCK LINE 146 FEET, THENCE NORTH PARALLEL WITH THE EAST BLOCK LINE 92 FEET, THENCE EAST 146 FEET ALONG THE NORTH BLOCK LINE TO THE POINT OF BEGINNING. AND PROPERTY B: THAT CERTAIN PROPERTY COMMENCING AT THE NORTHEAST CORNER OF UNDIVIDED DOUBLE BLOCK 7 AND 8, TIER 3, PLAN OF NAPLES, AS RECORDED IN PLAT BOOK 1, PAGE 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA:

7 Resolutio Page 7 Page 2 of 2 THENGE WESTERLY ALONG THE NORTH LINE OF SAID UNDIVIDED DOUBLE BLOCK, 146 FEET FOR A PLACE OF BEGINNING; THENCE SOUTHERLY, PARALLEL WITH THE EAST LINE OF SAID DOUBLE BLOCK, 202 FEET; THENCE WESTERLY, PARALLEL WITH THE NORTH LINE OF SAID DOUBLE BLOCK, 24 FEET; THENCE SOUTHERLY, PARALLEL WITH THE EAST LINE OF SAID DOUBLE BLOCK 13 FEET; THENCE WESTERLY, PARALLEL WITH THE NORTH LINE OF SAID DOUBLE BLOCK, 30 FEET; THENCE SOUTHERLY, PARALLEL WITH THE EAST LINE OF SAID DOUBLE BLOCK, 107 FEET; THENCE WESTERLY, PARALLEL WITH THE SOUTH LINE OF SAID DOUBLE BLOCK, 200 FEET TO THE WEST LINE OF SAID DOUBLE BLOCK AND THE EAST LINE OF SECOND STREET; THENCE NORTHERLY ALONG THE EAST LINE OF SECOND STREET, 322 FEET TO THE NORTH LINE OF SAID DOUBLE BLOCK; THENCE EASTERLY ALONG THE NORTH LINE OF SAID DOUBLE BLOCK, 254 FEET TO THE PLACE OF BEGINNING; BEING A PART OF UNDIVIDED DOUBLE BLOCK 7 AND 8, TIER 3, PLAN OF NAPLES, AS RECORDED IN PLAT BOOK 1, AT PAGE 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND EASEMENT OF INGRESS AND EGRESS AS CREATED BY THAT CERTAIN GRANT OF EASEMENT DATED DECEMBER 19, 1950, FILED JANUARY 9, 1951, IN DEED BOOK 18, AT PAGE 148, OVER AND ACROSS THE EAST 170 FEET OF THE FOLLOWING DESCRIBED LAND: A STRIP, BELT OR PIECE OF GROUND 13 FEET WIDE EXTENDING UPON AND ACROSS PART OF DOUBLE BLOCK 7 AND 8, TIER 3, PLAN OF NAPLES, ACCORDING TO THE PLAT IN PLAT BOOK 1, PAGE 8, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, THE CENTER LINE OF WHICH STRIP IS FIXED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID DOUBLE BLOCK 208-1/2 FEET DISTANT FROM THE NORTH LINE THEREOF, THENCE WESTERLY PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 315 FEET; SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT OF EASEMENT CONTAINS 91,758 SQ. FT or 2.11 AC +/"