HEX Final Decision 2014-25 HEX NO. 2014—25
HEARING EXAMINER DECISION
PETITION DRD-PL20140000619 — Petitioner, Pelican Bay Cooperative Housing
Corporation, requests approval of a site plan with deviations pursuant to LDC Section
10.02.03.F and seeks relief from Section 7.04.03.A. of the Pelican Bay PUD, Ordinance No.
77-18, as amended, which requires a 68-foot principal structure setback from the property
line, to instead allow a 50-foot setback to accommodate an extension of the second floor and
addition of a canopy over the existing south building entrance for the proposed Glenview at
Pelican Bay health care center redevelopment project, consisting of 7.66± acres of land,
located in Parcel D, Pelican Bay Unit 1 subdivision, west of U.S. 41 and north of Seagate
Drive, in Section 9, Township 49 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: August 28, 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
10.02.03.F.7 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
This deviation request is for a building that is comprised of a single tower approximately 130
feet in height with an attached lower building that extends outward up to 250 feet in length
beyond the tower. The lower building consists of a single story over a parking garage. Original
setbacks were calculated using the tower height of 130 feet for the entire building. The reduced
setback would apply to an outward expansion of the lower building that places it farther from the
tower, and closer to the property line.
DECISION:
The Hearing Examiner hereby approves Petition Number DRD-PL20140000619, filed by
George H. Hermanson, P.E., of Hole Montes, Inc., representing Pelican Bay Cooperative
Housing Corporation, for a site plan with deviations for redevelopment for the property
described herein, as follows:
1. A deviation from Pelican Bay PUD Section 7.04.03.A, "Group 4 Housing," which
requires a minimum yard setback from all tract or development parcel lines of 50 feet
or V2 the height of the structure, whichever is greater, to instead allow a 50 foot
setback to accommodate an extension of the second floor and addition of a canopy
over the existing south building entrance. The applicant will provide additional
[14-CPS-01307/1112798/1133 Page 1 of 2
landscape plantings within the existing landscape buffers adjacent to the building
expansion to further increase screening as compensation for the requested setback
reduction, thereby further reducing impacts to the adjacent multi-family
developments to the south.
This deviation is shown in the Exhibit for Proposed Site Plan Deviation attached as Exhibit A
and is subject to the condition(s) set forth below. This decision does not constitute approval of
the site plan.
ATTACHMENTS: Exhibit A—Exhibit for Proposed Site Plan Deviation
LEGAL DESCRIPTION: See the Pelican Bay PUD, Ordinance No. 77-18, as amended.
CONDITIONS:
Approval of this petition shall be subject to the completion of the Site Development Plan
Amendment currently under review and all associated building permits as applicable.
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.
•' A
Date Mar Strain, Hearing Examiner
Approv as to for and legality:
Scott A. Stone
Assistant County Attorney
[14-CPS-01307/1112798/1]33 Page 2 of 2
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