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HEX Final Decision 2016-39 HEX NO. 2016—39 HEARING EXAMINER DECISION PETITION DR-PL20160001107 — Petitioner, TT of Naples, Inc. requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks deviations from LDC Section 4.02.01, to reduce the minimum side yard setback, from LDC Section 4.05.04, to reduce the minimum number of required parking spaces, from LDC Section 4.06.02, to reduce the minimum required landscape buffer width and allow encroachments into required landscape buffers, from LDC Section 4.06.03, to allow interior planting areas within vehicular use areas to overlap the perimeter buffer, from LDC Section 4.06.05, to reduce the minimum required foundation planting area width, and from LDC Section 5.05.08, to reduce the minimum required setback between the front entry and a drive or a parking area, for a proposed Acura dealership project. The subject property is located on the north side of Exchange Avenue, just east of Airport-Pulling Road, in Section 36, Township 49 South, Range 25 East, Collier County, consisting of 2.48± acres. DATE OF HEARING: October 27, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, 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 application involves three (3) separate parcels that have been aggregated in one application and proposed for development under a unified plan. Existing structures and site development were added to the northern-most parcel in 1988. The southern two (2) parcels were developed pre-1975. The application proposes extensive redevelopment of some buildings, demolition of other buildings and new parking and landscaping areas. Overall project improvements are listed on Exhibit C. DECISION: The Hearing Examiner hereby approves Petition Number DR-PL20160001107, filed by Ashley Caserta, AICP, of RWA, Inc., representing TT of Airport, Inc., for a site plan with deviations for redevelopment on the property described in Exhibit "A", as follows: 1. A deviation from LDC Section 4.02.01, to reduce the minimum side yard setback; and 2. A deviation from LDC Section 4.05.04, to reduce the minimum number of required parking spaces; and [16-CPS-01558/1298392/1]39 Page 1 of 3 3. Four deviations from LDC Section 4.06.02, to reduce the minimum required landscape buffer width and allow encroachments into required landscape buffers; and 4. A deviation from LDC Section 4.06.03, to allow interior planting areas within vehicular use areas to overlap the perimeter buffer; and 5. A deviation from LDC Section 4.06.05, to reduce the minimum required foundation planting area width; and 6. A deviation from LDC Section 5.05.08, to reduce the minimum required setback between the front entry and a drive or a parking area. These deviations are further described in the Schedule of Deviations attached as Exhibit "B," and are subject to the condition(s) set forth below. This decision does not constitute approval of the site plan. ATTACHMENTS: Exhibit A—legal description Exhibit B— Schedule of Deviations Exhibit C— Summary of Project Wide Improvements LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. This decision does not include the staff recommendation for a modification to a parking island previously existing and referenced in Staff Analysis under Deviation#7. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 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 or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. [16-CPS-01558/1298392/1]39 Page 2 of 3 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. i � f Date Mark Strain, Hearing Examiner Apprt ed as to fa and legality: Scott A. one Assistant County Attorney [16-CPS-01558/1298392/1]39 Page 3 of 3 Exhibit "A" Legal Description PROPERTY IDENTIFICATION NUMBER: PARCEL 1: 00270920004 PROPERTY IDENTIFICATION NUMBER: PARCEL 2: 00280640002 Parcel 1: From the Southwest cof=Sc` o ePtion 36, Township 49 South, Range 25 East run North 00°36'22" East 2,313.32 feet; thence North 89° 20' 30" East 50.01 feet to the Point of Beginning of the lands herein described; thence North 89° 20' 30" East 277.77 feet; South 00° 31 ' 07" West 188.42 feet: South 89° 19' 59" West 278.01 feet; North 00°36'22" East 188.45 feet to the Point of Beginning; and Parcel 2: From the Southwest corner of Section 36, Township 49 South, Range 25 East, run North 00° 36' 22" East 2012.86 feet along the West line of said Section 36; thence North 89° 19' 59" East 50.01 feet to the Point of Beginning of the lands herein described; thence North 00° 36' 22" East 112.0 feet; North 89° 19' 59" East 278.01 feet; South 00° 31' 07" West 112.0 feet; South 89° 19' 59" West 278.19 feet to the Point of Beginning. Parcel ID Number 00271080008 The South 1)2 of the East the Northwest 1/ f th No st 1J4 of the Southwest 1/4 of Section 36, Township 49 Sou , • :nge 25 East, Coils , °u it ki da. LESS and EXCEPT the East 132,7 Qthereof; / ,<VC AND LESS and EXCEPT therefrom th .Yeti► .g rtes ttteti tircel, to wit: COMMENCING at the West 1/4 corner of said Section 36, Township 49 South, Range 25 East, Collier County, Florida; thence run along the East and West 1/4 line of said Section 36, North 89° 21' 02" East, a distance of 327.33 feet; thence South 00° 31' 07" West, a distance of 330.42 feet, to the POINT OF BEGINNING; thence North 89° 20' 30" East, a distance of 195.84 feet; thence South 00° 25' 53" West, a distance of 330.38 feet; thence South 89° 19' 59" West, a distance of 20.00 feet; thence North 00° 25' 53" East, a distance of 180.39 feet; thence South 89° 20' 30" West, a distance of 176.07 feet; thence North 00° 31' 07" East, a distance of 150.00 feet to the POINT OF BEGINNING; being part of the East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of said Section 36, Township 49 South, Range 25 East, Collier County, Florida. AND LESS and EXCEPT therefrom the South 30.00 feet thereof, as described in that certain Warranty Deed to Collier County recorded in Official Records Book 1596, Page 770, of the Public Records of Collier County, Florida. The foregoing described property being subject to: (I) a utilities easement over the Westerly 10.00 feet thereof, and (II) an easement 10.00 feet in width lying Southerly of and abutting for the full length of the above mentioned course, South 89° 20' 30" West, a distance of 176.07 feet. i _ __ _ AIRPORT PULWNG RD N _ F a 1 W Li O `� ..1 © 7 4i A- p 4R L g I O /-_ ,,���IRR\C` \` \ . .S ._._. a: 1 1I i r • ��DI'PLA i Iii ' m m N 8 _ � — - - L 4.. >1 � '7zm � ,�� I - 2y2 a ." t t ..'�� : m z m 4— Illir' 1 D p TO N , C • >> I Z A OD I . 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This is provided as mitigation for a reduction in internal planting area. Within those buffers, 100%of the area will be planted with trees and shrubs, reducing water use and enhancing aesthetics. o Proposed buffers will provide an additional 400 shrubs above and beyond standard buffer requirements. o 1,212 SF of decorative pavers o Foundation planting requirement is exceeded by 2,143 sf o Vine covered trellis provided o Conforming and non-conforming foundations planting provided exceed current code area requirements by 2,143 sf. o Conforming and non-conforming VUA landscaping areas provided exceed current code requirements by 2,655 sf.