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HEX Final Decision 2017-06 HEX NO. 2017—06 HEARING EXAMINER DECISION PETITION NO. NUA-PL20160002595 — Petitioner, Gargiulo, Inc. requests a non- conforming use alteration pursuant to LDC Section 9.03.03.B. to allow the removal of 37 mobile homes and replacement with 37 units with a combination of modular and mobile homes. The subject property consists of 15± acres of land located on the east side of Old US 41 near the Gargiulo packing facility in Section 10, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: February 23, 2017 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 each of the criteria set forth in Section 9.03.03.B. of the Land Development Code has been met and the petition should be approved. ANALYSIS: There were no members of the public in attendance for this item and no objections were received by staff DECISION: The Hearing Examiner hereby approves Petition No. NUA-PL20160002595 filed by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, on behalf of Gargiulo, Inc., for a non- conforming use alteration to allow the removal of 37 older mobile homes and replacement with 37 new modular and mobile homes on the property described in Exhibit "A", as shown in the Conceptual Site Plan attached as Exhibit"B", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Legal Description Exhibit B—Conceptual Site Plan LEGAL DESCRIPTION: See Exhibit A. [16-CPS-01601/1322417/1]35 1 of2 CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Development shall be consistent with the standards on the Conceptual Site Plan attached as Exhibit"B." 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. 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 E ZONING MAP FOR INFORMATIONAL PURPOSES. , 3 -a.- 20 //J ` P Date Mark Strain, Hearing Examiner Approved as to form and legality: ACA Heidi Ashton-Cicko Managing Assistant County Attorney [16-CPS-01601/1322417/1]35 2 of2 I 711 £ 0I7 impleTT "A. OR BON PACE Commencing it th. southeast corner of section 10. Township 40 South, Range 25 East , Collier County, florid. : thence along the East line of said Section, North 0'41 '10° West 2455.77 feet to the East 1 /4 corner of said Section 10: thence along k the East-West 1/4 Section line of said Section 10 South 89'52' 30° West 1344.10 feet to the West right-of-way line of the Port Myers Southern Railroad Company as recorded in Deed Book 4, Page 573, Collier County Public Records , Collier County, Florida and the Point of Beginning of the perrel herein described: thence along the said West right-of-way line and a non-tangential circular curve concave to the East 354.37 feet, having a radius of 22,918.3 feet, a delta angle of 054'50* and being subtended by a chord which bears South 12•7°45w West, 354.37 feet: thence North 8028'30" West 244.90 feet: thence North 09'31 '15. East 304.87 feet to the said East-West 1/4 Section line of Section 10; thence along said East-west 1/4 Section line of North 89.52' 30" East 287.08 feet to the said West right-of-way line and the Point of Beginning of the parcel herein described: TOGETHER with an Easement for ingress and egress over and across the following described lands: Commencing at the South-East-corner of Section 10, Township 48 South, Range 25 East,_,,C0140i099ty“lorida: thence along the East line of said SUAtSOn-10,-Nek. tli/0741'10" West, 2655.77 feet to the East 1/4/kOr*ir of said Se4ion 10; thence along the East-West 1/4 ;Section line_ of said Section 10, South 89521300 West, 2388.55feet to- theiEast tight-of-way line of U. S. 41 (Tasiasi TrailL, 010„--the pd' nt ofBeginning of the easement herein delscri004/ nc*:I-0 .56, Mist right-of-way said lin, of U. S. :(41 Si, ,4*2i0' / West, 180.00 feet: thence thence North 634122!"40,..<2\Eas i 2ki.3 if!ist.r, thence North 8952'30" East 595'1.03 f44t: theneetWorth-00,1'15° East 40.58 feet to the said Ea-Mt-West 1/4 Se60040, of Section 10: thence along said gOirter section UFO h 8952'30m East 735.37 feet; to the Point, of BeginningcOiLthe easement herein described. tir ---- C‘ CI --- ---------- A m o gsF s - ,. 3,' / _ x m z zo 1 NN K'q = A R R Zp F� �`J S >.m / z / T I RE= A I T. a _ mo XI s mom r ��� se 11 `\\�� II ~ At \� �I t S I rOOn" I lr ® I 1 N (IS 0-6oo I ( IR I'''----3-6-9---_, P fooI f -Jm rA /Alla IeiI Ir0 A 9 a I wilefill o o Ib ' O ® � II i: CQ r . °SMIjk f i r I oRsoov5 i 1 I Nyy.giZIm�mq ;n m m ra/ ,6,i-5, "°c im t D m :1 O / mg -mi93 "° r,._`:,::1„4:--4" 's.zl oQu D O F / k . O </� mg iO zFE. 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