HEX Final Decision 2019-04 HEX NO. 2019-04
HEARING EXAMINER DECISION
PETITION NO. CU-PL20180001030—The District School Board of Collier County requests
a Conditional Use to allow an Ancillary Plant facility within an Agricultural (A) zoning
district pursuant to Section 2.03.01.A.1.c.28 of the Collier County Land Development Code
for property located on the south side of Rattlesnake-Hammock Road, approximately one
mile west of Collier Boulevard, in Section 22, Township 50 South, Range 26 East, Collier
County, Florida.
DATE OF HEARING: January 24, 2019
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
10.08.00.D of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
No members of the public attended this meeting other than the applicant's representatives and no
objections have been received.
This application would expand the existing bus transportation facility. There is a shared access
currently serving the existing facility and the property that is part of this application. Required
buffers will be provided and the new area will operate in the same manner as the existing site,
which the applicant notes has operated for many years without incident.
The applicant provided a Traffic Impact Statement (TIS) indicating the expansion property would
provide an equal amount of new 2-way trips as the existing property and there is adequate capacity
on the impacted roadways to accommodate the expansion.
DECISION:
Petition Number CU-PL20180001030, filed by D. Wayne Arnold of Q. Grady Minor and
Associates P.A. and Richard Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A.
representing the District School Board of Collier County, Florida with respect to the property
described herein, is hereby approved for a Conditional Use to allow an Ancillary Plant facility
within an Agricultural (A) zoning district pursuant to Section 2.03.01.A.l.c.28 of the Collier
County Land Development Code in accordance with the Site Plan described in Exhibit "A", and
subject to the condition(s) set forth below.
[18-CPS-01790/1458386/1]60 1 of2
ATTACHMENTS: Exhibit A— Site Plan
LEGAL DESCRIPTION: The West 400 feet of the Northeast 'A of the Northwest 'A of Section
22, Township 50 South, Range 26 East, Collier County, Florida, less the North 50 feet thereof as
recorded in Official Records Book 2835, Page 2460 of the Public Records of Collier County,
Florida.
CONDITIONS:
The approval of this conditional use is subject to the following condition(s):
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Limited to a maximum weekday traffic trip generation of 113 PM peak hour trips.
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 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.2- -'-{ - ‘9 tk 1 411.
r , .
Date Mar Strain, Hearing Examiner
Appr ved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
[18-CPS-01790/1458386/1]60 2 of 2
Attachment A
RATTLESNAKE HAMMOCK ROAD LANDSCAPE BUFFER
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