Loading...
HEX Final Decision #2025-40HEX NO. 2025-40 HEARING EXAMINER DECISION DATE OF HEARING. October 23, 2025 PETITION. Petition No. VA-PL20250004062 —Request for a variance from Land Development Code (LDC) Section 4.06.02.C.1 which requires a minimum ten foot -wide Type `A' Buffer to allow a zero -foot (01) wide zero -vegetation buffer, including an encroachment variance to allow the placement of two (2) proposed dumpster enclosures along the adjacent Public -School Use property sharing the western property boundary and a request for a variance from the LDC section 4.06.02.C4, which requires a minimum ten -foot -wide Type "D" Buffer for any road right -of --way up to ninety-nine feet (99') to allow a zero -foot (0') wide zero -vegetation buffer along Glades Street (60' R.OW.) and Washington Street (80' R.O.W.) in order to address a pre-existing nonconforming condition and allow for a renovation of the recreational facility at Immokalee Sports Complex. The subject property is on approximately 13.63 acres known as NEWMARKET, BLK 24 subdivision, aka 505 Escambia St, Immokalee, FL, 34142 in Section 33, Township 46 South, Range 29 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. To have the Collier County Hearing Examiner (HEX) consider a the following variance request from Land Development Code (LDC): 1) a minimum ten foot -wide Type `A' Buffer to allow a zero -foot (0') wide zero -vegetation buffer, including an encroachment variance to allow the placement of two (2) proposed dumpster enclosures along the adjacent Public -School Use property sharing the western property boundary and, 2) a request for a variance from the LDC which requires a minimum ten -foot -wide Type "D" Buffer for any road right-of-way up to ninety-nine feet (99') to allow a zero -foot (0') wide zero -vegetation buffer along Glades Street (60' R.OW.) and Washington Street (80' R.O.W.) to address a pre-existing nonconforming condition and allow for a renovation of the recreational facility at Immokalee Sports Complex. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the Collier County Code of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. Page 1 of 7 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 County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing. 5. 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. t 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 evidence crud testimony from the public hearing reflects that yes, the property has unique characteristics stemming from its history as a Department of Education subdivision, resulting in a corner lot with a non -conforming shape and reduced acreage. The conversion of Fields #2 and #3 to artificial turf requires expanding the play area, worsening the existing encroachment on the front yard setbacks along Glades Street and Washington Avenue. Implementing landscape buffers is complicated by safety requirements, existing infrastructure, and utility placement. Additionally, current dumpster placements along Immokalee Drive do not meet county design standards, as Stantec's evaluation indicates that suitable enclosures ivould disrupt site circulation and access. Therefore, maintaining dumpster enclosures in the fi^ont yard is deemed necessary for proper access to service. 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 this variance request? The record evidence and testimony from the public hearing reflects that yes, the applicant's two variance requests are supported by special circumstances related to preexisting conditions of the property, specifically along the t-vestern boundary line, ivhich are not due to the applicant's actions. An existing agreement behveen the School Board and the Collier County Board of County Commissioners facilitates community) services and school programs ivith minimal public costs. Additionally, the opical side yard and absence of a landscape buffer do not adversely affect the property s use. 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? 1 The Hearing Examiner's findings are italicized. Page 2 of 7 Tlie record evidence and testimony fi°om the public hearing reflects that yes, the strict interpretation of the LDC creates undue hardship for the Applicant due to the physical constraints of the property. Specifically, obstructions around Fields 42 and #3 hinder the placement of a landscape buffer, which is incompatible with the athletic field's use. This situation makes it difficult for the Applicant to comply with requirements ivithout compromising the fields' firnctionaliiy. Additionally, placing durnpster° enclosures outside the required landscape buffer could negatively impact existing elements, such as reducing parking and conflicting with drainage swales, cis well as affecting safety zones for the athletic fields. 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 recor°d evidence and testimony fi°orn the public hear°ing reflects that yes, the variances requested are the minimum necessary to ensure reasonable use of the land and to promote public health, safety, and welfare. The Applicant aims to provide high-giicrlity public services and facilities. The requested variances for the landscape buffer and dumpstei4 enclosure are essential to maintaining and upgrading the communio)'s pool and athletic facilities in a safe and practical manner. 5. 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 evidence and testimony fi°om the public hearing reflects that no, granting the requested Variances will not provide the petitioner with any special privileges not available to other properties in the same zoning district. The variances will offer some relief from specific landscape buffer requirements for this site. According to LDC Section 9. 04, 02, similar properties facing comparable hardships can also apply for such variances and will be considered fairly on an individual 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 evidence and testimony fr°om the public hearing reflects that yes, the proposed variances for the Imanokalee Sports Complex renovation aligns with the intent of the LDC and will not harm the neighborhood or public Welfare. Renovating the complex, permitted initially in the 1990s, is essential for its operation and maintenance. The existing site features, like an 8 foot lVall, provide sufficient buffering foil nearby residential and educational areas. Once completed, the complex will offer various amenities that enhance community) iovell-being and promote recreational activities in a safe environment. Additionally, the installation of durnpster• enclosures will improve current conditions and comply with LDC guidelines. Page 3 of 7 7. Are there natural conditions or physically goals and objectives of the regulation such etc.? induced conditions that ameliorate the as natural preserves, lakes, golf courses, The record evidence and testimony from the public hearing reflects that no, natural preserves and sloping berms can enhance regulatory goals. Specifically, it highlights that a berm surrounds the athletic fields, which effectively manages stormwater runoff. This setup helps preventflooding and minimizes downtime for public use. The proposed upgrade to artificial turf at Fields 2 and 3 aims to fitrther improve stormwater management. 8. Will granting the Variance be consistent with the Growth Management Plan (GMP)? The record evidence and testimony from the public hearing reflects that granting the variances will be consistent with the GMP, as a single-family residential development, along with its accessories, is an allowable use for the subject propero) in both the Future Land Use Element and the GMP. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY. The record evidence and testimony fi•oni the public hearing reflects that the subject propert�� is in the Medium Residential Subdistrict land use classification on the County's Future Land Use Immokalee Map (FLUNI). The purpose of this District is to allow residential and non-residential land uses, including mixed uses. Mixed uses can be located within individual buildings and/or projects in areas deemed appropriate and identified on the FLUM. Nonresidential uses allowed in the Residential subdistricts include, but are not limited to. agriculture, earth mining, oil extraction, and related processing, home -based businesses, parks, recreation and open space uses, churches, libraries, cemeteries, community centers, public and private schools, day-care centers, group housing uses, utility) and communication facilities, and essential services, as defined in the Land Development Code, except as may be limited within a specific subdistrict or ovei°lay. New commercial development may be allowed in the Loiv Residential, Medium Residential, or High Residential subdistricts through Planned Unit Development (PUD) zoning, subject to the folloiving limitations: Commercial development may be permitted within a PUD, provided the folloiving size and development criteria are met. The commercial component within a PUD may be allowed to develop up to the maximum. acreage specified in the table below: CATEGORY I CATEGORY II CA`�'EGORY it PUD Acres >80 > 160 >300 Min. Gross Density 2.5 du/gross acre 2.5 du/gross acre 3.0 du/gross acre Max. Coirunercioil Acres 5 acres I Oacres 20 acres Pernvtted Zonui C-2 r C-2, G3 C-2 through C-4 In addition to the above criteria, the follow ig standards inust also be met: Commercial zoning shall be no closer than one (1) mile to any lands designated C- MU and no closer thai�one mile from the nearest PUD commercial zoning of ten acres or greater in. size, unless otherivise authorized by the Board of Count) Commissioners. Page 4 of 7 a. The configuration of the commercial parcel shall be no more frontage than depth, unless otherwise authorized by the Board of County Commissioners. b. Commercial zoning or development shall be no closer than one -quarter C1) mile from the nearest existing elementary school boundary, unless otherwise authorized by the Board of County Commissioners. c. The commercial development shall be integrated with the residential portion of the project, including common elements such as signage, and providing vehicular and non -vehicular interconnection, and d. No construction in the commercial designated area shall be allowed until construction has commenced on at least 30% of the project's residential units, unless otherwise authorized by the Board of County Commissioners. The applicant requests a variance ji°om Land Development Code (LDC) Section 4.06.02. C.1, which requires a minimum ten foot -wide Type `A' Bi ffer, to permit a zerofoot (0) wide zer o- vegetation buffer, including an encroachment variance for the placement of hvo (2) proposed dumpster enclosures along the adjacent Public -School Use property sharing the western boundary. They also seek a variance from LDC section 4.06.02. C4, which mandates a minimum ten foot -wide Type "D" Bufferfor any road right -of --way up to ninety-nine feet (99), to allow a zero foot (0 ) wide zero -vegetation buffer along Glades Street (60' R.OW.) and Washington Street (80' R.O. W.) The GMP does not address individual variance requests related to land use. However, the current use of the subject properly is consistent with the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION. The EAC does not typically hear variance petitions. Since the subject Variance doesn't impact cmy preserve area, the EA C did not hear this petition. 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 9.04.03 of the Land Development Code to approve this Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. VA-PL20250004062, filed by Fran DeMarco of Stantec Consulting Services, Inc., representing the owner/applicant Collier County Real Property Management, with respect to the property legally described as the property that encompasses approximately 13.63 acres, known as Newmarket Subdivision Block 24, with a Folio number of 63857680102, located in Section 33, Township 46 South, Range 29 East, Collier County, Florida, for the following: Page 5 of 7 • A Variance request from Land Development Code (LDC) Section 4.06.02.C.1 which requires a minimum ten foot -wide Type `A' Buffer to allow a zero -foot (0') wide zero - vegetation buffer, including an encroachment variance to allow the placement of two (2) proposed dumpster enclosures along the adjacent Public -School Use property sharing the western property boundary and a request for a variance from the LDC section 4.06.02.C4, which requires a minimum ten -foot -wide Type "D" Buffer for any road right-of-way up to ninety-nine feet (99') to allow a zero -foot (0') wide zero -vegetation buffer along Glades Street (60' R.OW.) and Washington Street (80' R.O.W.) to address a pre-existing nonconforming condition and allow for a renovation of the recreational facility at Immokalee Sports Complex. Said changes are fully described in the Exhibit Plan (LE-01) attached as Exhibit "A", the Exhibit Section (LE-02) attached as Exhibit "B", and the Overall Concept Plan attached as Exhibit "C", and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A —Exhibit Pian (LE-01) Exhibit B — Exhibit Section (LE-02) Exhibit C — Overall Concept Plan LEGAL DESCRIPTION. The property encompasses approximately 13.63 acres, known as Newmarket Subdivision Block 24, with a Folio number of 63857680102, located in Section 33, Township 46 South, Range 29 East, Collier County, Florida. CONDITIONS. 1. 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. Page 6 of 7 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. October 24, 2025 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 7 of 7 «A» -.-.,.c-.-.,.. ' a I� a WtlStIN%�N as.n�crscdoa --�.+a�a°.»+o�a.0 �_- U u u 5 � W W 2 $p rz � `z' � �I� �t��� � L� W U €� € I>m-� 1° .per U V.p U� !!�t4 om U� Z � /�- m ZJ� �omw uour� mod s� aor x � � � g � °� 9rc�� 9��� 9%�90 ..{{ g��o � u, .� � u 11UU � �� W:OIrI U Z Z Iw92U IU�2Z W�z � �9_F�g, 3w�Qo df�pf�((yIOo� 3a°� o U �F' UxI11M1 U•`Illm� U�~� � O °�' a p urF � is rc w��� �"� o'ui wm��U wz u�wlm�-� o m a���d � g u mU� wpUu w� m� urcl r�'llZ °' a� p �u� w � ��uo LLso��F 3 w mdui"z uo��ow '°OW � o z ���w'����d� Z=VI � p OZZ� .t [C UUu'II I�Is 2 U' m No ���W�����W�u Sao ��o w Wq°�j � wow'�w o�uu� o�u� = o � mp ,moo zda zdof r_r fy''. ��iu t. �W�WSsza% �°Wr�L�z ' � c°S uai ieo�!�r{-Za�L"�u $wuu� owcxi�l w rc o S 0�'ot `C o vi �z �"� µµWWS r- w U oz7d. ou�u o �w ^��o�.-u�� 1° '� � �Owp�p� �a�-.w� rcr� �o;wuU, �Iii�� r�tp�y FGI � � !I�� O�Wq Q �"o [� �m r7iu � Jrjj�2rr ut°iW NiS'Vii�� JW��+W w^`pQ Jr�OUJi w"�'�S r=V Vo ¢ ru � u ✓�° o � rc�^I?I--w rc�rrrsr��-..� '� 5• W rc�ri"ulrcm �h �� �1 lWL � FzcJ°�m �21"z- H�m� z ���°O F SV m°' V �,,:, K m o'owoor-o� ��woo o�z_4rc ��w� of-z�ui �'" m � ac--+ iv' ar- W LLrcQoa2u¢¢'Su. �u'�>�^u �iuS>�w�d� u( Jo 3" V UD�Z°U��p Vt�71-wo � m p� J tw.f�~o � �z5o��°z��dui�°z��xu;�z�ao�1U� �� R9 x � Q ��W�wwu�i ��a �U ¢a� u p o ¢�w prc � > UFU((�s¢�uw WN�N2 LL NINiIN WNB �WpO WNwY� uz O j � OZ urc°�1�1J1 LL Nm Ss Jy°5U J1°�1-NW JImI �E�Z WO NJ �'� 'i' m'�i�zw °'ui?zu m�',°a�ufO �� ui u>z�iu 3U � ��o��z�g�ooxz����a�°���rc��$i°���{� Nr o�ofua o�o��pz o��o�z o?zog ow ox �w� � �?'�'�Ou �?nW �G° �'ay a u�'��z�ar°���?a���� ( F a• LLm p < Q Q w a a a m a � � � r rc s 0 rc z 0 � Q m U p W a W — --�°- �*� • •� - �' ems. �;� ��.. r �'+•>��� W J O i' 1 ��; - ��r . �� � ��" ��.. � a U' Z_ Om a� O wU OU [Y Ta� U -�� �� �\ �1 I 1 I I 1 I I I I I I I Ooicmlclf'�F1�+"'11=�ws oa�*7 pr ° _ in � � a � xaldwo�spodS aa;o�suWl e � ¢¢.� r- urMwaoaouosWdlJuno�wJ�°� i 5 i� �I� �, F � C 'uaugsslwuo�A{uno�io pmog N'moJ �9�o� 'z ! -Is . Jd - LL poyuA=alJ � e .�: L � �. � Z N 4 0 ,(s �1�tcr9�.r 7 i U o �� � o _� � N �� � � �` r C7 w � a ,� /` O °- 2 t �r v ;�• � • ' 213j�n8.4.3dA1 �, iMoa onend) is s3ovto I I, �--------- _____________ ���: i� i i �I'' r I �„ � II. � ��� 1 O I W I � I �I lLLL ( I LL. I r m � i i �I I 1 Ir 1 I I II �' �---------------------------� �I' '1 I s '� I� r•---------------------------- r, ', I I �+� I 1 II. I I N i I I Q o I}� I W I � �- i �Ij I L_1J r— ------_"------------------i l�, I I �I' 1 '- I I r I � I II� I W I I W I �I I I I1. � i �II t � � t� f'f a II o Z (MOiJ �IlBnd) is t/10Wd�S3 a 7d F LI3��n8 .0.3dA1 z W� � a O Z � �' O a' � z a� p a a � JO � � � Z d W � � � m m o� � o a � (%jZ � U � U O� O O O a� a a a w W ICI ICI �. C U m a w Z O z Q ,�, lir; �1 ry t �ti I:::1 }l Y u e _" u 3SN3i dO1SNObH1N31tlNb8 O�OZ 30N3i.111HNO3S i� �) ►�J aJICAIK V'=�F1��+{ Y°:MS �7.�=+3 PY xa{d{uJ���.odSea,n�cw,u� � U — .. Q y U',/j6Jl�Dj{DtH1 SyJd /�W10�lJ�9j 'z 1 X SI-' 'vauo�sshuux»,tyuno��o pmo9 Nuno�+dG'�� & t �-I. � �� poyyfh-atJ � 2 :.'. � � QZ � 'V m� r o ,a b ci aft n+.� � n��•�..vw..n���..r��r.�N...r�ny;�n�eM uyi wn.W.� arw� .�- . �.., . ..,i 3 N rn N d N O __,Nm_,�.,�� =. r ww. wirci 7v urpsF%rwn �a�ue�S ww.p w..ay. � canv --- �as�= ))i }}i � V a i $ ;< $ pg f ?` �p p�1 9 7� i� fi E a n 9 8 5 j �� RY RG � �s s � �@y� Cti �m "C � 3B � �� �� �� 3! � a 33 a i ar � R a �� � �� �� �� �;��, W 4j`p �a °? � a B a _ ! 1 p Y Y Y Y Y Y Y ::°tp 9p: i qq pp gg �g 6 gg # F i 1�`�t � I \ ���� ` \J, o l �'�`a ` ��� b k �� � / ��� // �pi�/ a YY Y Ea aka § �n feQ��p gPE "�a-$E �� � �x 99�C;�b; !3� �tk�ipY �� ey �] R[85��5� [ik y'Ypi ci Ytl �5E � �iES 8��g �j@a�� �� @§ �� p�§��� i�i i9dqpE �� ��9 �I kg �g i�� �y���Pd& ��Fd �E�Y� . ?§ � ggl� �PEa3�a �E� a@z@p� ��a€ � 3a E E egey��; �9 y�B €6i}'�pg {u� �E�pYP y Ha �i6 Ek' y4S pe {Y ..a r A y�i Y �Y $ bYk4 e 7�E Q g @���� i1�9 @a=�y ` ��S 9e .�F ��@���� Pi$� ��$��9 � �� r � // ��E// /� / // / / �/ �_�_ P�. e � ai @OICLtIrC L'aayo�a�ry'{eaaS a}pwo>y SOY gl£ � Q � z�pduaJsladg eel°�oww� JI� I� �z ua{oai�ay puo kipJ NwroJia9oJ i$ I� �N •s>auass�wwoJ N��J to P>�8 M �urva� i �% I� : ° � ' � U t; a p a p . W z o g p e `i�q � y £i8� 9yy e a p. .� p[� �^ I 2 � Y� � y y p 11 I � a gpg ¢ 3€ 8 �G � i ,Y i a �( N d 7 a � 8� ppp � P O� On g�g S p 9 d E � �� � s� § Y 8���� i3 ➢Ap c 7!! t 3a� �! @� p! E YAg � Y hb i y�Y �¢y. ..Ir Y¢Y¢ Y7Y7gggaga � ut� U J 88 U z ��o ! ¢F: a p s �rcj �a� m �p�p . �afr s�q �� � Yi pia. _ sF'p 3� � e J L__J L____.1_--_ \\ � I ___, _�T ,� � ���a � I 1 age L_� I 1 (' 1 J —r __ _ _ a ___— . _� p c$- € �� }v £\� SFy ` i '$ fl@p 1 \ p�p \Ff Y � ": /� ko-♦ ,C/� � 13�y`�. � w _�/ i �S �+ ,� y� iEE �f%y� SjS ��` � � Js� ����� � � i i / C.'�C,>� �i �� u ��'\ jai I �s� k� ��I yp �� � 1 �� �11 I� yy ,E. 4 � �I x �, , i�� i � P2£ �I �� n 1� I —�g•r t I 'r �. � V � � � � � 3 S p �,.. 5I �� �-Y \ Cp pp F ae = 9 � p2�� Ey i� �- � I � a-� �I � � P ��59k a � �Si'6 ����9 �- � a e� � —.lI �,,2T)e�� #P ARE �`. "' i �.P®� �l ttt '. 1 •. iY.�1 at o� a y � � 1`ia 9 �W21 ,� :.� ,� a� i 'S •� i aF - t [ �- ; v n i < i i<u .dn w�rxue�n�� ��.n�+vnue,a� ..w�� rxe w�v rw. ..a.....+.........M. M N C N U N C N U U U .� �U 0 a 0 0 N L