HEX Final Decision 2014-05HEX NO. 2014 — 05
HEARING EXAMINER DECISION
PETITION NO. PE- 20130001408 — K & B Commercial Rentals #5, LLC requests a parking
exemption under LDC Section 4.05.02.K.3.a(2) to allow off -site parking on a contiguous lot, Lot
6, Block 6, of the Carson Subdivision, zoned Village Residential District with a Wellfield Special
Treatment Overlay (VR- ST/W -4) to serve a commercial building on Lot 1, Block 6, of the
Carson Subdivision zoned General Commercial District with a Main Street Overlay Subdistrict
(C- 4- MSOSD). The subject property is also identified as 105 South 7th Street, Immokalee in
Collier County, Florida.
DATE OF HEARING: January 23, 2014
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 4.05.02
K.3.b of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
During earlier review of this application it was discovered that the applicant had used the Main Street
Overlay standards as a basis for the entire project. Since the property involved is a parking exemption
in the VR zoning district, the Main Street Overlay standards cannot apply to the VR area. As a result
various buffers had to be modified that also impacted the layout of the parking exemption area
provided in the staff report. Attached as Exhibit A is the new site plan that was reviewed as part of this
hearing.
The buffer modifications included a widening of the buffer to 15 feet on the south and west end and to
10' on the north side adjacent to the commercial; limiting the parking lot lighting to 15' and shielded;
and the addition of a 6 foot wall along the property lines that are not contiguous to commercial zoning
(i.e.: the west and south property lines of the parking exemption property). To accomplish these
requirements the parking area was redesigned, the loading space relocated out of the buffer area, and
the trash enclosure moved to the northwest corner of the property.
Additionally, the setback along the west side of the building needed a correction which is reflected on
this revised site plan Exhibit A.
The ownership of the properties changed in October of 2013 and authorization was provided at the
hearing allowing the representatives to continue with the new owner.
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DECISION:
The Hearing Examiner hereby approves Petition No. PL- 20130001408 filed by Phoenix Associates of
South Florida, Inc., representing K & B Commercial Rentals #5, LLC, and Shivshakti One LLC, to
allow off -site parking on contiguous land zoned Village Residential (VR) with a wellfield risk
management Special Treatment Overlay (ST /W -4) at 105 S. 7" Street, Immokalee, to serve a
commercial building on Lot 1, Block 6, of the Carson Subdivision zoned General Commercial District
with a Main Street Overlay Subdistrict (C- 4- MSOSD). The off -site parking shall comply with the Site
Plan attached as Exhibit A, and shall be subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A — Site Plan
LEGAL DESCRIPTION: Lots 1 and 6, Block 6, Carson's Subdivision, according to the plat
thereof as recorded in Plat Book 2, Page 40, of the Public Records of Collier County, Florida, less the
North 20 feet thereof for road right -of -way.
CONDITIONS:
Lot 1 is to be used for the commercial use utilizing lot 6 for the parking exemption.
1. Use of the subject lot for parking is permitted only in conjunction with an adjacent commercial use,
not as a free standing parking lot.
2. The subject site is to be used for parking, water management, landscaping, dumpster location and
directional and safety signage only.
3. The landscape buffer will include a wall along those property lines adjacent to residential zoning.
4. Parking lot lighting will be limited to 15 feet in height and shielded from residential properties.
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 COURT, 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.
1' -Zotf �
Date Marl Strain, Hearing Examiner
13 -CPS- 01258 \17
Approved as to form and legality:
JJ-4 1� /� (J6
eidi Ashton- tcko
Managing Assistant County Attorney
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WEST MAIN STREET
(100' RIGHT -0F -WAY)
Exhibit A
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EDGE OF PAVEMENT
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10' SETBACK EX. WIRE FENCE 6' HIGH PRECAST X
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(IMPROVED)
LOT 12
(IMPROVED)
Exhibit A
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