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HEX Final Decision 2014-25 HEX NO. 2014—25 HEARING EXAMINER DECISION PETITION DRD-PL20140000619 — Petitioner, Pelican Bay Cooperative Housing Corporation, requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from Section 7.04.03.A. of the Pelican Bay PUD, Ordinance No. 77-18, as amended, which requires a 68-foot principal structure setback from the property line, to instead allow a 50-foot setback to accommodate an extension of the second floor and addition of a canopy over the existing south building entrance for the proposed Glenview at Pelican Bay health care center redevelopment project, consisting of 7.66± acres of land, located in Parcel D, Pelican Bay Unit 1 subdivision, west of U.S. 41 and north of Seagate Drive, in Section 9, Township 49 South, Range 25 East, Collier County, Florida. DATE OF HEARING: August 28, 2014 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 the criteria set forth in Section 10.02.03.F.7 of the Land Development Code has been met and the petition should be approved. ANALYSIS: This deviation request is for a building that is comprised of a single tower approximately 130 feet in height with an attached lower building that extends outward up to 250 feet in length beyond the tower. The lower building consists of a single story over a parking garage. Original setbacks were calculated using the tower height of 130 feet for the entire building. The reduced setback would apply to an outward expansion of the lower building that places it farther from the tower, and closer to the property line. DECISION: The Hearing Examiner hereby approves Petition Number DRD-PL20140000619, filed by George H. Hermanson, P.E., of Hole Montes, Inc., representing Pelican Bay Cooperative Housing Corporation, for a site plan with deviations for redevelopment for the property described herein, as follows: 1. A deviation from Pelican Bay PUD Section 7.04.03.A, "Group 4 Housing," which requires a minimum yard setback from all tract or development parcel lines of 50 feet or V2 the height of the structure, whichever is greater, to instead allow a 50 foot setback to accommodate an extension of the second floor and addition of a canopy over the existing south building entrance. The applicant will provide additional [14-CPS-01307/1112798/1133 Page 1 of 2 landscape plantings within the existing landscape buffers adjacent to the building expansion to further increase screening as compensation for the requested setback reduction, thereby further reducing impacts to the adjacent multi-family developments to the south. This deviation is shown in the Exhibit for Proposed Site Plan Deviation attached as Exhibit A and is subject to the condition(s) set forth below. This decision does not constitute approval of the site plan. ATTACHMENTS: Exhibit A—Exhibit for Proposed Site Plan Deviation LEGAL DESCRIPTION: See the Pelican Bay PUD, Ordinance No. 77-18, as amended. CONDITIONS: Approval of this petition shall be subject to the completion of the Site Development Plan Amendment currently under review and all associated building permits as applicable. 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, Collier County. 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. •' A Date Mar Strain, Hearing Examiner Approv as to for and legality: Scott A. Stone Assistant County Attorney [14-CPS-01307/1112798/1]33 Page 2 of 2 wn,...... 01{n«u..vvsnan._a eamo,..ems....x I..141...01.1.1. .....,.. I�I� EXHIBIT A Page 1 of 2 i 4 M i il P a -� .. z - i m �& eo . nI 4! i 4 1 — =i�M 1 z ♦ . g n --- ..,_ , 1 \--1, d . --1 , 1. ii • hIJ gR 1 a a 0 Ili" 1 0 i l . . cn �m ..� i mg. �1a to,g<8 41 gglo M 3, m,,, ,— QV a ,,., 1111 ,.....,.. ,. ,,:,,,„:, .,,, ,_,,, z0 . 0 ;;-> > R ___,:ft IA-. --:."' 111" > A I MI g,•, _ , ... .. _____.. • -, . 41 � • • - ,.,-- ..- N ,, P Z 1 [— c**k.s .I i I 1 t-'' ''0.4! F..'.1 d q d p CI EXHIBIT A Page 2 of 2 r) ..":„:„,,,:„.,,,;,,,,,,,,,„,,,,,,, ._„...,,,,,......kr,*. /8. ii k i a, i qf /f •. MI r I / , -' a.r n , e� ; r 114 ,,,'.. 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