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HEX Final Decision 2021-32HEX NO. 2021-32 HEARING EXAMINER DECISION DATE OF HEARING. August 12, 2021 PETTTInN PETITION NO. VA-PL20190001140, Charleston Square Condominium - Request for a variance from Section 5.03.02.C.2.a of the Land Development Code to increase the maximum rear yard wall height on a residential Planned Unit Development lot greater than 1 acre from 6 feet to ±18.33 feet, to allow for a 10-foot wall to replace an 8-foot wall destroyed by Hurricane Irma that was constructed on an 8.33-foot berm along the northern property line of Parcel "A", Charleston Square, located to the north of the Imperial Golf Course Boulevard and Charleston Square Drive intersection, within the �98-acre Imperial West Planned Unit Development, in Section 15, Township 48 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The applicant desires a 10-foot wall atop an existing berm to mitigate the impact of noise and dust from a Cemex concrete batch plant that exists on the adjoining property to the north and operates 24 hours a day. Cemex has provided a letter of no objection for a wall of up to 12 feet in height. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. Page 1 of 5 5. The County representative introduced the Petition and staff recommendations, followed by Petitioner and/or Petitioner's representative, and then public comment. There were no objections to the Petition at the public hearing. Cemex (the adjoining property owner to the north) provided a letter of no objection for a wall of up to 12 feet in height. 6. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing Examiner having the same authority as the Board of Zoning Appeals may grant, deny, or modify any request for a variance from the regulations or restrictions of the Collier County Land Development Code.I 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? The record of the subject public hearing has sufficient testimony and evidence to satisfy this criterion. The record from the public hearing reflects that there is an existing berm along the north property line that must be accounted for when measuring wall height. Additionally, this residential development abuts a concrete plant (an industrial use) to the north which creates noise and dust that can be reduced by a wall. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? The record of the subject public hearing has sufficient testimony and evidence to satisfy this criterion. The record from the public hearing reflects that the existing wall was destroyed by Hurricane Irma. The neighboring industrial use is also a special condition and circumstance beyond the control of the applicant; said concrete plant operates 24 hours a day. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The record of the subject public hearing has sufficient testimony and evidence to satisfy this criterion. The record from the public hearing reflects that no it will not, however, it is the intent of the proposed wall to mitigate the impact to residents of the adjacent concrete batch plant. 4. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety, and welfare? The record of the subject public hearing has sufficient testimony and evidence to satisfy this criterion. The record from the public hearing reflects that the Variance proposed would be the minimum Variance to allow the increase in wall height from eight feet to ten 'The Hearing Examiner's findings are italicized. Page 2 of 5 feet, exclusive of the existing berm. Approval of the Variance will mitigate the impacts of the adjoining industrial use thereby enhancing standards of health, safety, and welfare by decreasing dust and noise levels. S. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? The record of the subject public hearing has sufficient testimony and evidence to satisfy this criterion. The record from the public hearing reflects that by definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. However, LDC Section 9.04.02 provides relief through the Variance process for any dimensional development standard, such as the requested wall height increase. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case -by -case basis. 6. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The record of the subject public hearing has sufficient testimony and evidence to satisfy this criterion. The record from the public hearing reflects that the approval of the Variance will not be injurious to the neighborhood or detrimental to the public welfare. Approval of the variance will result in improving the privacy and security of abutting properties, improves noise abatement, and protects neighborhoods with enhancing community character. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? The record of the subject public hearing has sufficient testimony and evidence to satisfy this criterion. The record from the public hearing reflects that there is an existing berm along the north property line; however, said berm is not of sufficient elevation in and of itself to mitigate the noise and dust from the neighboring industrial use. 8. Will granting the Variance be consistent with the GMP? The record of the subject public hearing has sufficient testimony and evidence to satisfy this criterion. The record from the public hearing reflects that the approval of this Variance will not affect or change the requirements of the GMP. ANAiNSM Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there Page 3 of 5 is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. VA-PL20190001140, filed by Tom Barber, AICP of Agnoli, Barber & Brundage, Inc. representing Charleston Square Homeowner's Association, with respect to the property described as the north side of Imperial Golf Course Boulevard at the north end of Charleston Square Drive, within the 98± acre Imperial West PUD, in Section 15, Township 48 South, Range 25 East, Collier County, Florida, for the following: • An application for a variance from Section 5.03.02.C.2.a of the Land Development Code (LDC) to increase the maximum rear yard wall height on a residential Planned Unit Development (PUD) lot greater than one acre from 6 feet to 18.33± feet, to allow a 10-foot wall to replace an 8-foot wall destroyed by Hurricane Irma that was constructed on an 8.33- foot berm along the north property line of Parcel "A", Charleston Square. Said changes are fully described in the Wall Plans attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Wall Plans LEGAL DESCRIPTION. The north side of Imperial Golf Course Boulevard at the north end of Charleston Square Drive, within the 98± acre Imperial West PUD, in Section 15, Township 48 South, Range 25 East, Collier County, Florida CONDITIONS. All other applicable state or federal permits must be obtained before commencement of the development. 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. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. Page 4 of 5 Page 5 of 5 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. ________________________ ____________________________________ Date Andrew Dickman, Esq., AICP Hearing Examiner August 19, 2021 EXHIBIT "A" CONSTRUCTION PLANS & SPECIFICATIONS FOR GENERAL NOTES PERMACAST PRECAST CONCRETE FENCE CODES AND STANDARDS • STRUCTURAL DESIGN BASED ON THE 6TH EDITION OF THE 2017 FLORIDA BUILDING CODE. oESIGN • WIND SPEED = 150 (3 SEC GUST) • 116 (NOMINAL) • EXPOSURE-C • Kd = 0.85 • CONSTRUCTION TYPE - I OR II (NONCOMBUSTIBLE MATERIALS) • RISK CATEGORY I SOIL • ALLOWABLE BEARING CAPACITY = 2,000 PSF • ALLOWABLE LATERAL SOIL CAPACITY = 150 PSF • MINIMUM N VALUE OF 7 CONCRETE STRENGTH • MINIMUM 28 DAY COMPRESSIVE STRENGTH OF PRECAST ELEMENTS F'c=5000 PSI • MINIMUM 28 DAY COMPRESSIVE STRENGTH OF CAST IN PLACE CONCRETE Fc=3000 PSI MATERIALS • CEMENT PER ASTM C-150 TYPE 1 AGGREGATES FOR CONCRETE • NORMAL WEIGHT AGGREGATE FINE AND COARSE AGGREGATE PROVISIONS AND TEST METHODS SHALL MEET ASTM C33. MAXIMUM AGGREGATE SIZE OF 3/4' ADMIXTURES • NO ADMIXTURES SHALL CAUSE AN INCREASE IN SHRINKAGE WHEN TESTED IN ACCORDANCE WITH ASTM C494 AND C157 OEUVERY OF CONCRETE. • DISCHARGE OF THE CONCRETE SHALL BE COMPLETED WITHIN 1-12 HOURS AFTER THE INTRODUCTION OF THE MIXING WATER TO THE CEMENT AND AGGREGATES OR THE INTRODUCTION OF THE CEMENT TO THE AGGREGATES. • WATER SHALL NOT BE ADDED IN THE FIELD UNLESS APPROVED BY THE ENGINEER. UTILITIES • IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE ALL OVERHEAD AND UNDERGROUND UTILITIES PRIOR TO CONSTRUCTING THE FENCE AND/OR FOUNDATIONS CONTRACTOR SHALL NOTIFY LOCATION OF ALL UTILITIES TO BOTH THE OWNER AND SITE ENGINEER PRIOR TO CONSTRUCTING FENCE AND/OR FOUNDATIONS JAN UARY 16, 2019 FEBRUARY 28, 2020 J U LY 22, 2020 This item has been Electronically Signed and Sealed by Ralph Remmert, Florida P.E. #39610 using a SHA-1 Authentication Code. Printed Copies of the Document are not considered Signed and Sealed and the SHA-1 Authentication Code must be venfied on any electronic copies. Revision 22 Revision 33 Ralph Remmert t- ;p: sW@ 2020.07..22 Sj„, STATE. :=W: 08.17.05 -04 00 PROJECT: IMPERIAL COUNTRY CLUB / CHARLESTON SQUARE © 1349 CHARLESTON SQUARE DR. NAPLES, FL 34110 WALL TYPE: ® 10 FT. PERMACAST STONE STANDARD 2.0 WALL (6 FT OVER 4 FT) WIND DESIGN: 150 MPH (3 SEC GUST) 116 MPH (NOMINAL) EXPOSURE: C CONTRACTOR TO REFER TO CIVIL DRAWINGS FOR WALL LAYOUT. Prepared By JBM&R Engineering, Inc. C.A.N. 7457 P.O. BOX 1566 VALRICO, FL 33595 TEL: 813.598.4643 813.741.2109 813.655.0061 (FAX) Ralph Remmcn, P E- Fbrida Registration No. 39610 DRAWING INDEX DWG. NO. TITLE SHEET 1 COVER SHEET & GENERAL NOTES SHEET 2 10'-0" X 2.0 PERMAWALL DIMENSIONS SHEET 3 FOUNDATION. PANEL. & COLUMN DETAILS 0 I Z i33HS.1 20*-0" - Contact Manufacturer for Exact Center to Center Distance 20'-0" 20'-0" PROPERTY LINE EASEMENT / ROW PROPERTY LINE / EASEMENT ROW T' — -- — -- T U WALL PLAN VIEW - GENERAL DIMENSIONS SCALE 7 3 20'-0" 20'-0" COSMETIC BAND STANDARD COLUMNS (PER CONTRACT) Is 9 TOP OF BERM 'x (SEEFOUNDATION SH 10� R/Z \//I X\I COLUMN PER PLANS ��/�\�/��/�\/�\�/�\�/� MIN. 2"CLEARANCE FOR DRAINAGE. OWNER Is NEW FENCE JBM&R ENGINEERING, INC. IS NOT RESPONSIBLE FOR DRAINAGE PATTERN AROUND RESPONSIBLE FOR SITE DRAINAGE REQUIREMENTS. This Item has been Electronically Signed and Sealed by Ralph Remmert, Florida P.E. #39610 using a SHA-1 Authentication Code. Printed Copies of the Document are not considered Signed and Sealed and the SHA-1 TYPICAL PANEL POST CONNECTION Authentication Code must be verified on any electronic copies. SCALE:NTS TYPICAL 10 FT. X 20 FT. WALL ELEVATION - GENERAL DIMENSIONS I I I PERMACAST PR CONCRETE FENCE IMPERIAL COUNTRY CLUBICKVUSTON SQUARE 1p11349 CHARLESTON SQUARE OR. SCALE: NTS $FT NAPLES, FL34i10 ENGINEERING, INC. P&ph E. RaIUI1mf. P.E SHEET 2 7-0 Ow Optional Pre -Cast Column Cap (per contract) . Cap to be Bonded with Concrete Bonding Adhesive. Follow Manufacturer's Instructions. Property Line / Easement / 6 Ft. X 2.0 Permacast Solid Fence Column Per 4 Ft. X 2.0 Permacast On -Site Boulders or 8"-12" Rip -Rap for Slope Protection As Approved by SDP-96-130, as Amended v 1 � GRADE %. LEVEL 1 l� Install Foundation Minimum 7' from Property Line /Easement /ROW (4)-#5'S HORIZONTAL REINFORCEMENT EQUALLY SPACE for 6 FT. HIGH FENCE PANEL #3 VERTICAL REINFORCEMENT @ 12" O/C L —6 LB./CY FORTA FERRA tL� FIBERMESH IN PANELS AND BEAMS 4 ft. X 2.0 PERMASAND PANEL TOTAL HEIGHT OF WALL AS MEAUSERED FROM GRADE TO TOP OF WALL T© OF BERM Sod Slope per Contract as Approved by SDP-96-130, as Amended © 1/2" CHAMFER % (TYPICAL) 36" Dia. Concrete Foundation x 100" Depth TYPICAL FOUNDATION for 10 FT. COLUMN 2,500 psi @ 20-0" o.c. FOR PERMASAND (20 FT. O/C} Precast Post to Bottom of Foundation SCALE: NTS This item has been Electronically Signed and Sealed by Ralph Remmert, Florida P.E. #39610 using a SHA-1 Authentication Code. Printed Copies of the Document are not considered Signed and Sealed and the SHA-1 Authentication Code must be verMed on any electronic Copies. (5)-#5'S HORIZONTAL " REINFORCEMENT J iu v EQUALLY SPACE for 6 FT. Z Cl) HIGH FENCE PANEL Q ao #3 VERTICAL N REINFORCEMENT @ 12" O/C H 4" LL 6 LB./CY FORTA FERRA FIBERMESH IN PANELS AND BEAMS 6 ft. X 2.0 PERMASAND PANEL #7 • 3-1" VERTICAL REINFORC EA. • CORNER f�31 END S;,.Irl"X LID POST DETAIL 14" 3" 8" 3^ I� #7 VERTICAL REINFORCEMENT EA. CORNER LINE SOLID POST DETAIL 8-1rT X 14" CORNER SOLID POST DETAIL 8-1/2" X 14' • CHAMFER (TYPICAL) #7 VERTICAL REINFORCEM EA. CORNER.