HEX Final Decision 2015-10 HEX NO. 2015— 10
HEARING EXAMINER DECISION
PETITION NO. CU-PL20140002403 — The Collier County Department of Facilities
Management requests a Conditional Use to allow an Emergency Medical Services safety
service facility within an Estates (E) zoning district pursuant to Section 2.03.01.B.1.c.8 of
the Collier County Land Development Code for a 2.22± acre property located on the
southeast corner of Vanderbilt Beach Road and Logan Boulevard, in Section 4, Township
49 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: March 12, 2015.
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:
This Conditional Use (CU) application follows a prior CU for the same property that was
approved in 2007 and is now expired. The applicant has applied for a new CU similar to what
was previously approved.
Six members of the public attended the Neighborhood Information Meeting (NIM) held on 2-25-
2015. Two members of the public attended the CU hearing and expressed concerns with traffic
flow, potential noise, location of the site monument sign, and the southern landscape buffer.
Each of the concerns brought forward by the public were addressed by the applicant. After
discussion, the applicant agreed to additional conditions that have been incorporated into this
decision and the Conceptual Site Plan, as applicable.
DECISION:
Petition Number CU-PL20140002403, filed by D. Wayne Arnold of Q. Grady Minor and
Associates, P.A., representing Collier County Department of Facilities Management, with
respect to the property hereinafter described in Exhibit "B", is hereby approved for a Conditional
Use to allow an Emergency Medical Services safety service facility within an Estates (E) zoning
district pursuant to Section 2.03.01.B.1.c.8 of the Collier County Land Development Code for a
project known as EMS Station #76, in accordance with the Conceptual Site Plan shown on
Exhibit"A", and subject to the condition(s) set forth below.
[14-CPS-01401/1151180/1]13 1 of 3
ATTACHMENTS: Exhibit A—Conceptual Site Plan
Exhibit B—legal description
LEGAL DESCRIPTION: See Exhibit B.
CONDITIONS:
1. For access along Vanderbilt Beach Road, right-in turning movements are not vested
access rights. A future right-in turning movement may be combined with the
permissible right-out movement so long as the combined right-in/right-out access
point is not within 440' of Logan Boulevard, as shown on Exhibit A. A right-out
egress-only access point may be allowed within 440' of Logan Boulevard. Any
access configuration must meet minimum standards required by Ordinance 2009-19,
as amended, the Construction Standards Handbook for Work Within the Public Right-
of-Way., Additionally, if an access road is created parallel to Vanderbilt Beach Road
in conjunction with the access point, then the preserve area on site must retain a
minimum 100' width.
2. All access onto Vanderbilt Beach Road shall be for emergency vehicle access only.
3. The applicant shall provide a preemptive traffic signal device, approved by
Transportation Division staff, in order to control vehicle approach at the intersection.
4. The directional median opening shown on the Conceptual Site Plan at Logan
Boulevard North shall be for emergency vehicles only.
5. The applicant shall make road improvements, including providing a mountable curb
for emergency vehicles in the Logan Boulevard North median as shown on Exhibit A,
and provide apron improvements to Logan Boulevard North as may be required by
the Transportation Division during the SDP review process.
6. The EMS Station #76 garage door heights shall be limited to 12-foot height.
7. The EMS Station#76 site shall be limited to emergency medical services only.
8. The required 15' wide type `B" buffer located adjacent to the preserve along the
southern property line shall include a hedge planted at 5 feet in height in a staggered
manner. The hedge shall be maintained at a minimum 8 foot height once established.
A wall is not required as part of this landscape buffer.
9. The monument sign, labeled "Project Sign," shall be located as shown on the
Conceptual Site Plan.
[14-CPS-01401/1151180/1]13 2 of 3
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.
1- 25- 2015 � ( M
Date Mark Strain, Hearing Examiner
Appro d as to f and legality:
Scott A. Stone
Assistant County Attorney
[14-CPS-01401/1151180/1J13 3 of3
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Exhibit A
LEGAL DESCRIPTION
TRACT 19, GOLDEN GATE ESTATES UNIT 95, AS RECORDED IN PLAT BOOK •
9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT (EXCEPTION 1)
THE NORTHERLY 35.00 FEET LESS THE WESTERLY 50.00 FEET OF TRACT
19 OF GOLDEN GATE ESTATES UNIT 95, AS RECORDED IN PLAT BOOK 9,
PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 21861.59 SQUARE FEET OR .5019 ACRES, MORE OR LESS.
ALSO LESS AND EXCEPT (EXCEPTION 2)
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 19; THENCE
N.89'31'02"E., ALONG THE SOUTH UNE OF SAID TRACT 19, A DISTANCE
OF 50.00 FEET TO ITS INTERSECTION WITH THE EASTERLY BOUNDARY OF
THE 100.00 FEET ROAD EASEMENT FOR LOGAN BOULEVARD, AND THE
POINT OF BEGINNING; THENCE N.00'28'58"W., ALONG THE EASTERLY LINE
OF SAID ROADWAY EASEMENT, FOR A DISTANCE OF 175.40 FEET; TO A
POINT LYING 35.00 FEET SOUTHERLY OF. WHEN MEASURED AT A RIGHT
ANGLE TO THE NORTH LINE OF SAID TRACT 19; THENCE S.8754'03"E.,
PARALLEL WITH THE NORTH LINE OF SAID TRACT 19, A DISTANCE OF
71.90 FEET; THENCE 5.0758'14"W., A DISTANCE OF 174.96 FEET, TO A
POINT ON THE SOUTH UNE OF SAID TRACT 19; THENCE 5.89'31'02"W.,
ALONG THE SOUTHERLY LINE OF SAID TRACT 19, A DISTANCE OF 61.86
FEET TO THE POINT OF BEGINNING.
CONTAINING 0.269 ACRES, MORE OR LESS.
EXHIBIT B