HEX Final Decision 2017-13 HEX NO. 2017— 13
HEARING EXAMINER DECISION
PETITION NO. NUA-PL20160003227 — Petitioner, Caribbean MHC Owner LLC requests
a non-conforming use alteration pursuant to LDC Section 9.03.03.B. to allow 8 mobile
homes on property zoned General Commercial District (C-4) along Colby Court and Tyler
Court, of which 6 are existing and 2 were previously removed. The subject property is
known as the Caribbean Park Community and consists of 51.75± acres of land located at
the northeast corner of US 41 and Wiggins Pass Road in Section 15, Township 48 South,
Range 25 East, Collier County, Florida.
DATE OF HEARING: July 13, 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:
No objections have been received for this application and no member of the public, other than
those associated with the Applicant, attended the hearing. This application is for a continuation
of long standing uses in a mobile home park where some development orders originated in the
1970's. The conditions included within this decision will provide for continuity of this land use
and conformance with standards acceptable at the time of initial permitting.
DECISION:
The Hearing Examiner hereby approves Petition No. NUA-PL20160003227 filed by Gary
Muller, AICP, of Johnson Engineering, Inc., on behalf of Caribbean MHC Owner LLC, for a
non-conforming use alteration to allow eight mobile homes on property zoned General
Commercial District (C-4) along Colby Court and Tyler Court within the Caribbean Park
community on the property described in Exhibit "A", as shown in the Site Plan attached as
Exhibit"B", and as subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B — Site Plan
[17-CPS-01639/1350265/1]72 1 of 2
LEGAL DESCRIPTION: See Exhibit A.
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 Site Plan attached as Exhibit"B."
3. The maximum zoned building height for the eight (8) sites that are part of this application
shall not exceed thirty (30) feet.
4. The replacement mobile homes and modular units on the eight (8) sites shall not encroach
further than what exists today or as shown on the 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 THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
/12
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Date Mark Strain, Hearing Examiner
Approved as to form and legality:
H idi Ashton-Cicko
Managing Assistant County Attorney
{17-CPS-016391135026511]72 2 of 2
OR 5283 PG 3513
EXHIBIT"A"
LEGAL DESCRIPTION
The land referred to herein below is situated in the County of Collier,State of Florida,and is described as
follows:
PARCEL I:
THAT PORTION OF THE SOUTH 881.80 FEET OF THE NW 1/4 OF SECTION 15,TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF FLORIDA STATE
ROAD 45 (U.S.41), LESS THE FOLLOWING DESCRIBED PARCELS:
COMMENCE AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 15,AND RUN S 89°33'40"
E ALONG THE SOUTH LINE OF SAID NW 1/4 34.80 FEET,MORE OR LESS,TO THE EASTERLY
RIGHT-OF-WAY LINE OF SAID STATE ROAD 45 TO THE POINT OF BEGINNING;THENCE RUN
NORTHEASTERLY ALONG SAID RIGHT-• • LINE ON THE ARC OF A CURVE TO THE
RIGHT, HAVING A RADIUS OF 567,,9�.,, II Fv,'f,)3• l {�•,,A� CENTRAL ANGLE OF 5°51'09"FOR
AN ARC DISTANCE OF 580.15 F �,t14. ' I ' ~i.='F"40" E 230.00 FEET;THENCE RUN S
0°26'20" \V 338.03 FEET; THEN' ' N 89°33'33" \V !. =5- ET;THENCE RUN S 0°26'20" W
335.69 FEET TO THE SOUTH IN r • • - SAID NW 1/4; E CE RUN N 89°33'40" W ALONG
SAID SOUTH LINE 195.00 FrET O - _ 'O " • s kGINN G.
SUBJECT TO EASEMENT 'OR • • a ' or E'LY 30 FEET.
AND �
PARCEL Il:
TOGETHER WITH ANY LAN i ty. :ED MAY H A''QUIRED BY VIRTUE OF THAT
CERTAIN VACATION OF A POR 01C1 y)ys r . `+ WEEN WIGGINS PASS ROAD AND
COUNTY ROAD 887,SOUTH OF BONI - .: ►► '*• ' ET FORTH IN RESOLUTION NO.85-150
OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,RECORDED
IN O.R. BOOK 1148, PAGE 960 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST 1/4 CORNER OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, THENCE ALONG THE WEST LINE OF SECTION 15, N
0°58'53"W 709.46 FEET,THENCE LEAVING SAID WEST LINE OF SECTION 15,N 89°01'07"E 6.88
FEET TO A POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF NEW SR 45(SECTION
03010-2519) AND THE WESTERLY RIGHT-OF-WAY LINE OF OLD SR 45 (SECTION 03010-250)
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED,
THENCE N 88°07'51" E 77.45 FEET TO A POINT OF CURVATURE OF A NON-TANGENTIAL
CURVE TO THE RIGHT,THENCE ALONG THE ARC OF SAID CURVE 179.10 FEET AND HAVING
A RADIUS OF 5954.06 FEET, AND BEING SUBTENDED BY A CHORD OF 179.09 FEET AND A
CHORD BEARING OF N 13°42'40" E, THENCE S 88°07'06" \V 77.69 TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF OLD SR 45(SECTION 03010-250)AND SAID POINT LYING
ON A NON-TANGENTIAL CURVE TO THE LEFT, THENCE ALONG THE ARC OF SAID CURVE
322.25 FEET,AND HAVING A RADIUS OF 5679.06 FEET AND BEING SUBTENDED BY A CHORD
OF 322.21 FEET AND A CHORD BEARING OF S 13°02'34" W,THENCE N 88°07'50"W 116.35 FEET
TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF NEW SR 45 (SECTION 03010-2519)
SAID POINT BEING ON A NON-TANGENTIAL CURVE TO THE LEFT, THENCE ALONG THE
OR 5283 PG 3514
ARC OF SAID CURVE 138.89 FEET, HAVING A RADIUS OF 3919.72 FEET AND BEING
SUBTENDED BY A CHORD OF 138.88 FEET AND A CHORD BEARING OF N 3°30'27"\V TO THE
POINT OF BEGINNING.
SUBJECT TO A UTILITY EASEMENT LOCATED ON THE EASTERLY 20 FEET, AND ALSO
SUBJECT TO AN EXCLUSIVE EASEMENT TO COLLIER COUNTY UTILITIES DIVISION
LOCATED ON THE WESTERLY 15 FEET OF THE EASTERLY 35 FEET OF THE ABOVE
DESCRIBED PARCEL AND AN ACCESS EASEMENT OVER THE ENTIRE ABOVE DESCRIBED
PARCEL INCLUDED IN THE AFORESAID RESOLUTION.
/c,
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