HEX Final Decision 2013-01 HEX NO. 2013-01
HEARING EXAMINER DECISION
PETITION NO. CU-PL20130000481 —Wynn Properties, Inc. requests a Conditional Use to
allow a food store with greater than 5,000 square feet of gross floor area in the principal
structure, permitted food service uses with more than 6,000 square feet of gross floor area
in the principal structure, and permitted personal services, video rental or retail uses with
more than 5,000 square feet of gross floor area in the principal structure within a
commercial intermediate (C-3) zoning district pursuant to Sections 2.03.03.C.1.c.10,
2.03.03.C.1.c.16, and 2.03.03.C.1.c.17, respectively, of the Collier County Land
Development Code for property located on Tamiami Trail East in Section 13, Township 50
South, Range 25 East, Collier County, Florida.
DATE OF HEARING: October 24, 2013.
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
10.08.00 D of the Land Development Code has been met and the petition is approved.
ANALYSIS:
A resident from the adjoining residential neighborhood spoke concerning the operational aspects
of this proposed conditional use and expressed concern over potential odor and noise from idling
diesel delivery trucks due to experiences from another site involving a restaurant. The applicant
responded by noting that restaurant delivery vehicles typically are refrigerated which requires
them to remain at idle and deliveries are generally several times a day. The applicant
additionally stated that their business receives about two deliveries a week and drivers are
encouraged to turn off their trucks. The applicant stated that their current operation, a short
distance south of the proposed use, has never had a complaint about their deliveries and the
proximity to residential structures is similar. In addition, as part of the conditions of approval,
the applicant shall provide a six-foot (6') concrete or masonry, wall or fence between their
parking lot and abutting residential property.
DECISION:
Petition Number CU-PL20130000481, filed by Robert J. Mulhere of Hole Montes, Inc.
representing Wynn Properties, Inc. with respect to the property hereinafter described in Exhibit
"A", is hereby approved for a Conditional Use for a food store with greater than 5,000 sq. ft. of
1 of 2
gross floor area in the principal structure, permitted food service uses with more than 6,000 sq.
ft. of gross floor area in the principal structure, and permitted personal services, video rental, or
retail uses with more than 5,000 sq. ft. of gross floor area in the principal structure pursuant to
Sections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16, and 2.03.03.C.1.c.17, respectively, of the Collier
County Land Development Code in accordance with the Conceptual Site Plan described in
Exhibit `B ", and subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A — legal description
Exhibit B — Conceptual Site Plan
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
The approval of this conditional use is subject to the following condition(s):
1. Conditional Use # 17 except that massage parlors, adult book stores, adult video rental
or sales, or other uses defined as a "sexually oriented business" in the Collier County
Code of Laws, section 26 -151, are not allowed.
2. The applicant shall provide a six -foot (6') concrete or masonry, wall or fence between
their parking lot and abutting residential property.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013 -25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing
Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURTS, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
/0 -2d -/3
Date
Ma# Strain, Hearing Examiner
CP \13 -CPS- 01223 \16
Approved as to form and legality
I
C.Q14 i (_ 0o
2 of 2 Assistant County Attorney
EXHIBIT A
LEGAL DESCRIPTION
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;
RUN NORTH 1° 35' 20" WEST 149.72 FEET ALONG THE EAST
BOUNDARY OF SAID SECTION TO THE NORTHEASTERLY RIGHT OF
WAY LINE OF U.S. 41 (TAMIAMI TRAIL); THENCE NORTH 39° 05' 20"
WEST 1685.65 FEET ALONG THE NORTHEASTERLY RIGHT OF WAY
LINE OF U.S. 41 (TAMIAMI TRAIL) TO THE POINT OF BEGINNING;
THENCE NORTH 39° 05' 20" WEST 200 FEET ALONG SAID LINE; THENCE
NORTH 50° 54' 40" EAST 400 FEET; THENCE SOUTH 39° 05' 20" EAST 200
FEET; THENCE SOUTH 50° 54' 40" WEST 400.00 FEET TO THE POINT OF
BEGINNING.
PARCEL NO.: 394480006
STRAP NO.: 502513 050.0005A13
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATION AND LIMITATIONS OF
RECORD, IF ANY.
CP\13-CPS-01223/19
Wynn Sunshine\CU-PL20130000481
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RESIDENTIAL GRAPHIC SCALE =20
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LEGAL DESCRIPTION:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA; RUN NORTH 1' 35' 20" WEST 149.72 FEET ALONG THE EAST
BOUNDARY OF SAID SECTION TO THE NORTHEASTERLY RIGHT OF WAY LINE OF U.S. 41 (TAMIAMI
TRAIL); THENCE NORTH 39' 05' 20" WEST 1685.65 FEET ALONG THE NORTHEASTERLY RIGHT OF
WAY LINE OF U.S. 41 (TAMIAMI TRAIL) TO THE POINT OF BEGINNING; THENCE NORTH 39' 05' 20"
WEST 200 FEET ALONG SAID LINE; THENCE NORTH 50' 54' 40" EAST 400 FEET; THENCE SOUTH
39' 05' 20" EAST 200 FEET; THENCE SOUTH 50' 54' 40" WEST 400.00 FEET TO THE POINT OF
BEGINNING.
PARCEL NO.: 394480006
STRAP NO.: 502513 050.0005A13
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATION AND LIMITATIONS OF RECORD, IF ANY.
ZONING:
CURRENT ZONING = C -3
ADJACENT ZONING (WEST) = C -3
ADJACENT ZONING (NORTH) = C -3
ADJACENT ZONING (SOUTH) = C -3
ADJACENT ZONING (EAST) = RMF -6
EXISTING PROPOSED
BUILDING AREA = 0.19 ACRES BUILDING AREA = 0.51 ACRES
PARKING AREA = 1.19 ACRES PARKING AREA = 0.84 ACRES
PERVIOUS = 0.46 ACRES PERVIOUS = 0.49 ACRES
TOTAL SITE AREA = 1.84 ACRES TOTAL SITE AREA = 1.84 ACRES
PARKING REQUIREMENTS:
RETAIL: 1 PER 250 SQUARE FEET.
22,000 SF /250 = 88 SPACES REQUIRED
TOTAL SPACES REQUIRED: 88 (INCLUDING 4 HANDICAPPED)
TOTAL SPACES PROVIDED: 88 (INCLUDING 4 HANDICAPPED)
LOADING SPACES = 3 REQUIRED
LOADING SPACES = 3 PROVIDED