HEX Final Decision 2023-31HEX NO. 2023-31
HEARING EXAMINER DECISION
DATE OF HEARING.
September 14, 2023.
PETITION.
Petition No. DR-PL20220006184 — Outdoor Resorts at Chokoloskee Island — Request for
approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks four
deviations: (1) from LDC Section 4.02.01.A.2 to instead allow a setback between 15 feet and
23 feet, five inches to the south property line for Building 1 and 36 feet 10 inches and 49 feet
10 inches to the south property line for Building 2, both buildings identified on Deviations
Exhibit B Site Plan; (2) from LDC Section 4.06.06.A.1 to instead allow the existing opaque
fence to satisfy the required screening; (3) from LDC Section 4.06.06.A.2 to instead allow the
existing opaque fence to satisfy the required visual screening; (4) from LDC Section
4.06.03.B.1 to instead allow a minimum of 3.33 percent of the amount of vehicular area onsite
to be devoted to interior landscaping for the redevelopment of Outdoor Resorts at
Chokoloskee Island, consisting of =L19.0 acres and located at 150 Smallwood Drive,
Chokoloskee, FL 34138 also known as Outdoor Resorts at Chokoloskee Island (Condo) in
Section 31, Township 53 South, Range 30 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The applicant requests a Site Plan with Deviations for Redevelopment for a reduction in setback,
landscape buffer, and landscape vehicular use area requirements. This will allow for the
construction of storage buildings to replace the existing structures located in the maintenance area
of Outdoor Resorts at Chokoloskee Island, a recreational vehicle park (TTRVC).
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.
Page 1 of 7
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.
5. At the public hearing, the County Staff presented the Petition followed by the Petitioner
and/or Petitioner's representative, public comments and then rebuttal by the Petitioner and/or
Petitioner's representative. There were no objections made at the public hearing.
The petitioner is seeking four (4) deviations from the LDC requirements.1
Primary Deviations
Proposed Deviation #1 seeks relief from LDC Section 4.02.01 A, Table 2.1 Table of Minimum
Yard Requirements for Base Zoning Districts, which requires a 50-foot setback from both the
external boundary of park and external street in the TTRVC District, to instead allow a setback of
between 15 feet and 23 feet 5 inches to the south property line for the Building labeled Building 1
as shown on the Deviation Site Plan and 36 foot 10 inch and 49 foot 10 inch to the south property
line for the Building labeled Building 2 as shown on Deviation Site Plan.
The record evidence and testimony from the public hearing reflects that the RV Park was approved
in 1984 in accordance with Ordinance No. 82-002; OR Book 14 Pages 99-103. Section 7.19.c.4.d
of the ordinance requires a setback of 10 feet for the boundary or from the required buffer area.
Section 7.19. c. 4. e of the ordinance requires a setback of 25 feet from a public street. The proposed
structures will be a minimum of 50 feet from the right of way of County Road 29 a public street
and 15 feet from the south boundary adjacent to Snook Alley, a private road. There will be no
detrimental impact to the surrounding area and no issue with consistency. This deviation is site
specific as represented on the Site Plan.
Proposed Deviation #2 seeks relief from LDC 4.06.06 A. I., Special Buffer Requirements For The
TTRVC Zoning District, which requires TTRVC parks fronting on a highway shall provide and
maintain clear area not less than 20 feet in width alongside, and parallel to the highway. There
shall be an additional landscape area of five feet inside the entire length of the clear area. The
landscape plan for this area will be determined at the time of submission of a site development
plan pursuant to Chapter 10. The entire clear area and landscape area may be combined to achieve
a visual screen between public road and TTRVC park. To instead allow the existing opaque fence
to satisfy the required screening.
The record evidence and testimony from the public hearing reflects that the existing maintenance
area is screened along County Road 29 by an existing opaque fence per Ordinance 82-002 Section
7.19.f.3 which allowed for a structural or plant material screening. There will be no detrimental
impact to the surrounding area and no issue with consistency.
Proposed Deviation #3 seeks relief from LDC Sec. 4.06.06 A.2., Special Buffer Requirements for
The TTRVC Zoning District, which requires TTRVC parks abutting lands zoned other than for
'The Hearing Examiner's findings are italicized
Page 2 of 7
such parks shall be screened from such land by a buffer strip at least 15 feet wide, in which
ornamental screening composed of structural or plant material shall be placed. Such screening
shall be maintained at all times and constructed in accordance with the landscape provisions of
section 4.06.00. to instead allow the existing opaque fence to satisfy the required visual screening.
The record evidence and testimony from the public hearing reflects that the existing maintenance
area is screened along the entire length of the South boundary by an existing opaque fence per
Ordinance 82-002 Section 7.19.f.3 which allowed for a structural screening There will be no
detrimental impact to the surrounding area and no issue with consistency. This deviation is site
specific as represented on the Site Plan.
Proposed Deviation #4 seeks relief from LDC 4.06.03 B.I which requires at least 10 percent of
the amount of vehicular use area onsite to be devoted to interior landscaping areas. Interior areas
shall be a minimum of five feet in width and a minimum of 150 square feet in area, to instead allow
a minimum of 3.33 percent of the amount of vehicular area onsite to be devoted to interior
landscaping area.
The record evidence and testimony from the public hearing reflects that Ordinance 82-002 Section
8.30.(3). (a) requires a minimum VU4 landscape area of at least ten (10) square feet of additional
interior landscaping for each parking space or ten (10) square feet of landscaped area for each
three hundred (300) square feet or fraction thereof of paved area whichever is greater. The
proposed additional pavement provides for the required fire access. The proposed gravel area will
provide additional area for emergency vehicle maneuvering without increasing the impervious
area. There will be no detrimental impact to the surrounding area and no issue with consistency.
Section 10.02.03.F.7 Criteria
The County's LDC Sections 10.02.03.F.7 lists the ten (10) criteria for a Site Plan with Deviations.
The Hearing Examiner may approve, approve with conditions, or deny the request upon review
and evaluation of the criteria in the Collier County Land Development Code.
I. Land uses and densities within the development shall be consistent with the permitted and
approved conditional uses in the zoning district.
The record evidence and testimony from the public hearing reflects that the property is zoned
TTRVC, which allows for recreational vehicles and travel trailers and accessory structures
including service buildings. The request is for an existing use that has been present since 1984.
2. The proposed development is consistent with the Growth Management Plan.
The record evidence and testimony from the public hearing reflects that the proposed development
is consistent with the Growth Management Plan, as it is within a mixed use district per the Future
Land Use map, specifically Urban Residential Subdistrict.
3. The development shall have a beneficial effect both upon the area in which it is proposed
to be established and upon the unincorporated area as a whole.
Page 3 of 7
The record evidence and testimony from the public hearing reflects that the proposed
improvements will eliminate the structure flooding during heavy afternoon rainfall events, provide
an area above the 100 year storm flood elevation and provide additional landscaping, and provide
afire access and add afire hydrant.
4. The total land area within the development and the area devoted to each functional portion
of the development shall be adequate to serve its intended purpose.
The record evidence and testimony from the public hearing reflects that this is an existing
maintenance area and has served the site since 1984; the total land area of the maintenance area
will remain unchanged and is adequately serving the intended use.
5. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features,
vehicular parking and loading facilities, sight distances, landscaping and buffers shall be
appropriate for the particular use involved.
The record evidence and testimony from the public hearing reflects that the proposed development
improvements access drives, utilities, drainage facilities, yards, architectural features, vehicular
parking, site distance, and landscaping are appropriate for the proposed and existing use. This
petition will replace the existing structures that are subject to flooding.
6. Visual character of the project shall be equal or better in quality than that required by the
development standards for the zoning district. The visual character of the project shall be better in
quality than the existing project before redevelopment and after it was first permitted.
The record evidence and testimony from the public hearing reflects that the existing site contains
two wood frame structures with wood siding and shingle roofs. The westerly building is located
approximately three feet (3 ) from the westerly property line (CR 29 right -of way). The second
structure is the same type of construction and is located approximately twenty feet eight inches
(20'8') and thirty-one feet eleven inches (31 'll ') from the southerly property line (Snook Alley).
Both of these structures are exposed to constant flooding during heavy afternoon rainfall events
and extreme high tides. This causes the structures to be constantly repaired and subject to mold
infestation. The proposed site will improve the visual character of the project by:
• The removal of the existing aged wood structure located three feet from the westerly property
line (CR 29 right -of way).
• Locating the proposed structures, a minimum of fifty feet (50 ) from the westerly property line
(CR 29 right -of way).
• Installation of code minimum required landscaping.
• New structures will be located fifty feet (50 ) from the Smallwood Drive right of way.
• New structures will be pre-engineered steel building designed with an Old Florida look.
7. Areas proposed for common ownership shall be subject to a reliable and continuing
maintenance guarantee.
Page 4 of 7
The record evidence and testimony from the public hearing reflects that the maintenance and
operation of the common elements are and shall be the responsibility of the Association as stated
in the Declaration of Condominium. The property is owned and maintained in accordance with
the common elements of the condominium documents.
8. Deviations shall be clearly delineated in the petition and shall be the minimum required to
achieve the goals of the project and comply with these standards.
The record evidence and testimony from the public hearing reflects that due to the revisions to the
LDC from the inception of this project in the mid 1980's to present day, the codes have changed
that are in conflict with the original Zoning Standards. Deviations from the present-day codes
have been kept to a minimum for the reconstruction of the site. The deviations requested are limited
to setback requirements and landscape buffer.
9. The petitioner has provided enhancements to the development.
The record evidence and testimony from the public hearing reflects that the project development
has provided enhancements by means of additional landscape materials and stormwater quality.
The project site also enhances the architectural aesthetics by removing and replacing the existing
aged and damaged non -conforming buildings with new structures. Enhanced fire protection will
be provided by the addition of afire access drive along with the installation of an additional fire
hydrant.
10. Approval of the deviation will not have an adverse effect on adjacent properties.
The record evidence and testimony from the public hearing reflects that the maintenance area has
continuously served the RV Park since its inception. The structures serve as a storage area for
materials, tools, and equipment used to maintenance and repairs within the park and serves as
repository for general supplies needed for the everyday operation of the common areas. Both
proposed structures will be constructed at a higher elevation that will reduce flooding during
heavy rainfall events and king tides. The new structures will be constructed in accordance with
the current building codes which provide more protection from hurricane damage. The larger
building will have a second floor level five feet (S ) above the base flood elevation. The smaller
structure will provide a storage area for boating supplies for park residence. There are no
operational changes proposed, the site will not change from current use.
Landscape Review
The record evidence and testimony from the public hearing reflects that the landscape deviation
justifications above will have no detrimental impact to the surrounding area resulting from
approval of these deviations.
Transportation Review
The record evidence and testimony from the public hearing reflects that this project is consistent
with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). There is
no additional trip generation anticipated with the proposed development, therefore no
transportation related impacts.
Page 5 of 7
Conservation and Coastal Management Element (CCME)
The record evidence and testimony from the public hearing reflects that this project is consistent
with the Conservation & Coastal Management Element (CCME). The project site is not required
to set aside a preserve area, as no native vegetation exists onsite.
Environmental Review
The record evidence and testimony from the public hearing reflects that the property was
originally developed as a mobile home park and then converted to a recreational vehicle park
(TTRVC) in 1984. A preservation area is not required since the property has been cleared and
does not contain native vegetation or listed species. This project does not require Environmental
Advisory Council (EAC) review, as this project did not meet the EA scope of land development
project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and
Ordinances.
ANALYSIS.
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
is enough competent, substantial evidence as applied to the criteria set forth in Section
10.02.03.F.7. of the LDC to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. DR-PL20220006184, filed Dave Sneed
of Kuhlman Engineering, Inc., representing the applicant, ORA at Chokoloskee, Inc. and described
as ±19.0 acres located at 150 Smallwood Drive, Chokoloskee, FL 34138 also known as Outdoor
Resorts at Chokoloskee Island (Condo), along the east side of Smallwood Drive and the northeast
quadrant of the intersection of Smallwood Drive and Snook Alley in Section 31, Township 53
South, Range 30 East, of Collier County, Florida, for the following:
• Approval of a site plan with four deviations: (1) to allow a setback between 15 feet and
23 feet, five inches to the south property line for Building 1 and 36 feet 10 inches and
49 feet 10 inches to the south property line for Building 2, both buildings (2) to allow
the existing opaque fence to satisfy the required screening; (3) to allow the existing
opaque fence to satisfy the required visual screening; (4) to allow a minimum of 3.33
percent of the amount of vehicular area onsite to be devoted to interior landscaping for
the redevelopment of Outdoor Resorts at Chokoloskee Island.
Said changes are fully described in the proposed Site Plan with Deviations for Redevelopment
attached as Exhibit "A" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Site Development Plan with Deviations for Redevelopment
Page 6 of 7
LEGAL DESCRIPTION.
±19.0 acres located at 150 Smallwood Drive, Chokoloskee, FL 34138 also known as Outdoor
Resorts at Chokoloskee Island (Condo), along the east side of Smallwood Drive and the northeast
quadrant of the intersection of Smallwood Drive and Snook Alley in Section 31, Township 53
South, Range 30 East, of Collier County, Florida
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Site Improvement Plan: Outdoor Resorts 150 Smallwood Drive, Chokoloskee, FL, original
date issued July 2, 2022, digitally signed and sealed on April 2, 2023, by James Kuhlman, PE.
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.
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
Page 7 of 7
EXHIBIT "A"
RENEWING AGENCIES
SITE IMPROVEMENT PLAN:
OUTDOOR RESORTS
150 SMALLWOOD DRIVE, CHOKOLOSKEE, FL
COLLIER COUNTY, FLORIDA
PREPARED BY
KUHLMAN ENGINEERING, INC.
2223 TRADE CENTER WAY
NAPLES, FLORIDA 34109
TELEPHONE (239) 254-9219 KUHLMANENGINR:ER[NG@YAHOO.COM
PREPARED FOR
TAMIAMI BUILDERS INC
3500 RADIO ROAD
NAPLES, FLORIDA 34104
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❑ • I 2(Y CLEAR AREA
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• PROVIDED AT TIME OF SITE
EXISTING • IMPROVEMENT PLAN
OPAQUE FENC 20A \ (�) LDC 4,08.03.8-1 LANDSCAPE VEHICULAR USE AREA
REQUIRED • • UNIT 2 PROPOSED 12x45X1Z
FIRE ACCESS •
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❑ REQUIRED BL�LDING 1
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KUMMANENGNE RNG,, INC
2223 Trade Center Way Napies, Florida 34109
PHONE (239) 254.8219 kI himanuy;ncer nggayahao. eom
KLTiLMAN EVjL%EERM. ME%:?WSLY RESERI'ES In COPYRR;IrT.q\O OTITER
FROPERTI' RIGHTS FOR TH ESE DRAATNGS ANTI DESIIil[S) MLL-DING TI[EIR ORIOI\AL
FURX)SE A%D SIM TK.SE MIWINC,6 %Y NOTTO RE REPRODUCED. CI I.%WFTx
SeJSED OR COPIED A7TII0LTN'RI11EN COI,'SLNF OF RL7 tDOXN ENGINEERING. INC,
.l\Y ASSRiYLIENI TO ANIMIER PARTY IS UNINTENDED ASO WIDETfEO.
EXISTING ASPHA4'A•-O,
PAVEMENT
EXISTNG / EXISTING TRASH
QUE FENCE— RECYCLE CONTAINERS
1
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ALL
PRIVATE
OUTDOOR RESORTS
ISO SMALL4T ODD DRIVE
CHOKOLOSREE,FLORID? 34138
DEVIATION EXHIBIT B"
SITE PLAN
DATE ISSUED:
10%M022
FILE NO:
22 - 5518
SCALE:
1` = 30'
REVISED:
1.19.2Q23
REVISED:
3.29-2W
REVISED:
5-7-2023
REVISED:
6-23.2023
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FIRE HYDRANT
This item has been digitally signed
and sealed by James S. Kuhlman PE.
on date noted in sealed signature.
Printed copies of this document are
not considered signed and
sealed and signature must be verified
on any electronic copies
JAMES B. KUHLMAN PE
FLORIDA REGISTRATION # 22388
Proposed Deviations:
As required by 10.02.03.F7.h of the Collier County Land Development Code a detailed description of the proposed deviations
along with a justification for each is provided below.
Deviation Request 1: Seeks relief from Collier County LDC Section 4.02.01.(A).(2) (Required Setback)
Deviation Number 1 seeks relief from LDC Section 4.02,01A, Table 2.1 Table of Minimum Yard Requirements for Base Zoning
Districts, which requires a 50 foot setback from both the external boundary of park and external street in the TTRVC District,
to instead allow a setback of between 15 feet and 23 feet 5 inches to the south property line for the Building labelled
Building 1 as shown on Deviation Exhibit B Site Plan and 36 foot 10 inch and 49 foot 10 inch to the south property line for the
Building labelled Building 2 as shown on Deviation Exhibit B Site Plan.
Justification
The RV Park was approved in 1984 in accordance with Ordinance No. 82-002; OR Book 14 Pages 99- 103 (attached). Section
7.19.c.4.d of the ordinance requires a setback of 10 feet for the boundary or from the required buffer area. Section 7.19.c.4.e of
the ordinance requires a setback of 25 feet from a public street. The proposed structures will be a minimum of 50 feet from the
right of way of County Road 29 a public street and 15 feet from the south boundary adjacent to Snook Alley, a private road.
Deviation Request 2: Seeks relief from Collier County LDC 4.06,06 - Special Buffer Requirements For The TTRVC Zoning
District
Devation Number 2 seeks relief from LDC 4.06.06.(A).(1) — Special Buffer Requirements for the TTRVC Zoning District which
requires TTRVC parks fronting on a highway shall provide and maintain clear area not less than 20 feet in width alongside,
and parallel to the highway. There shall be an additional landscape area of five feet inside the entire length of the clear area.
The landscape plan for this area will be determined at the time of submission of a site development plan pursuant to
Chapter 10. The entire clear area and landscape area may be combined to achieve a visual screen between the public road
and the TTRVC park. To instead allow the existing opaque fence to satisfy the required screening.
Justification
The existing maintenance area is screened along County Road 29 by an existing opaque fence per Ordinance 82-002 Section
7.19.f,3 which allowed for a structural or plant material screening.
Deviation Request 3: Seeks relief from Collier County LDC 4.06.06 - Special Buffer Requirements For The TTRVC Zoning District
Devation Number 3 seeks relief from LDC 4.06.06.(A).(2) - Special Buffer requirements for the TTRVC Zoning District which
requires TTRVC parks abutting lands zoned other than for such parks shall be screened from such land by a buffer strip at
least 15 feet wide, in which ornamental screening composed of structural or plant material shall be placed. Such screening
shall be maintained at all times and constructed in accordance with the landscape provisions of section 4,06.00. To instead
allow the existing opaque fence to satisfy the required visual screening.
Justification
The existing maintenance area is screened along the entire length of the South boundary by an existing opaque fence per
Ordinance 82-002 Section 7.19.f.3 which allowed for a structural screening.
Deviation Request 4: Seeks relief from Collier County LDC 4.06.03.13.1 : Seeks relief from Collier County LDC 4,06.03.B.1
Landscape Requirements for Vehicular Use Areas
Deviation Request 4: Seeks relief from Collier County LDC 4,06.03.B.1 which requires at least 10 percent of the amount of
vehicular use area onsite to be devoted to interior landscaping areas. Interior areas shall be a minimum of five feet in width
and a minimum of 150 square feet in area, to instead allow a minimum of 3.33 percent of the amount of vehicular area
onsite to be devoted to interior landscaping area.
Justification
Ordinance 82-002 Section 8.30.(3). (a) requires a minimum VUA landscape area of at least ten (10) square feet of additional
interior landscaping for each parking space or ten (10) square feet of landscaped area for each three hundred (300) square feet
or fraction thereof of paved area whichever is greater. The proposed additional pavement provides for the required fire access.
The proposed gravel area will provide additional area for emergency vehicle maneuvering without increasing the impervious area.
IfOLM NENGINEERING INC
2223 Trade Center Way Naples, Florida 34109
PHONE (239)2548219 kuhlmanengineeringgyahoo.00m
RUHLh1A.\' ENGINEERING, INC LCPRESSLY RESERVES ITS COP1'RIGIIT MID OTHIR
FROM RTV RIO ITS FOR THEE DR\U9\'GS ANT) DESIGNIST INCLUDINO THEIR ORIGIN OI
PURI`USE AND SITE THESE MM IN'OS ALAINUT TO RE RETRODIYED, CTIANO Ell,
REUSED OR COPIED {6TIHOUT 10OUTTEN CONSENT Of MIL\IAN ENGINEERING, INC.
.SNI' ASSIGN\IENT TO, \NOTTIFR P.1RTY IS N.nNT NTIED AND PROIIIIIRFD.
OUTDOOR RESORTS
I54SMALLWOODDRIVE
CHOKOLOSKEE, FLORIDA 34138
DEVIATION EXHIBIT "C"
DESCRIPTION
DATE ISSUED:
10-26-2022
FILE NO:
22 - 5518
SCALE:
NIA
REVISED:
1.19-2023
REVISED:
3.29.2023
REVISED:
5.7.2023
REVISED:
6.23.2023
This item has been digitally signed
and sealed by James B. Kuhlman PE.
on date noted in sealed signature.
Printed copies of this document are
not considered signed and
sealed and signature must be verified
on any electronic copies
JAMES B. KUHLMAN PE
FLORIDA REGISTRATION # 22388