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HEX Final Decision 2015-07 HEX NO. 2015—07 HEARING EXAMINER DECISION PETITION DR-PL20140002448 — Petitioner, Coastal Beverage, LTD., requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 4.02.01 A., Table 2.1, to allow a minimum side yard setback of 24± feet instead of 50 feet for the north property line; from LDC Section 4.06.02 C.4.d, to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer; from LDC Section 4.06.03 B.2, to allow the parking row south of the access point off Commercial Blvd. to have no terminal landscape island instead of one island on each end of the row; from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces; from LDC Section 4.05.02 L, Table 16, to allow a minimum parking aisle width of 23± feet instead of 24 feet; from LDC Section 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%; from LDC Section 4.02.12 A, to allow a 4-foot screen instead of a 7-foot screen for outdoor storage; and from LDC Section 4.06.02 C, to allow a Type B landscape buffer along Commercial Blvd. and Mercantile Ave. to have a height of 3 feet at planting that is maintained at 4 feet, instead of 5 feet at planting that is maintained at 6 feet, for the Coastal Beverage Facility redevelopment project consisting of 8.24± acres of land, located on the northwest corner of the Livingston Road and Progress Avenue intersection, in Section 36, Township 49 South, Range 25 East, Collier County,Florida. DATE OF HEARING: February 26, 2015. 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 is approved. ANALYSIS: This property was originally developed in the early 1990's; subsequent to the initial development, Livingston Road corridor was created adjacent to this property's eastern boundary. The additional roadway resulted in the property having three frontages. The remaining side that is not fronted on a street is adjacent to an existing FP&L utility corridor; this side is the subject of a deviation to reduce the setback distance for expansion of an existing building. While it is practical to consider the remaining side a rear yard because of the multiple frontages and building orientation, the Land Development Code considers this a side yard and thus an initial greater setback is required. Additional deviations reflect conditions of the original development from the 1990's. One member of the public attended and after clarification offered no objection and no letters of objection have been received. [14-CPS-01395/1150952/1132 Page 1 of 3 DECISION: The Hearing Examiner hereby approves Petition Number DR-PL20140002448, filed by Margaret Emblidge, AICP of RWA, Inc., representing Coastal Beverage, Ltd., for a site plan with deviations for redevelopment for the property described in Exhibit "A", as follows: 1. A deviation from LDC Section 4.02.01 A., Table 2.1, to allow a minimum side yard setback of 24+ feet instead of 50 feet for the north property line; and 2. A deviation from LDC Section 4.06.02 C.4.d to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer; and 3. A deviation from LDC Section 4.06.03 B.2, to allow the parking row south of the access point off Commercial Blvd. to have no terminal landscape island instead of one island on each end of the row; and 4. A deviation from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces; and 5. A deviation from LDC Section 4.05.02 L, Table 16, to allow a minimum parking aisle width of 23± feet instead of 24 feet; and 6. A deviation from LDC Section 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%; and 7. A deviation from LDC Section 4.02.12 A, to allow a 4-foot screen instead of a 7-foot screen for outdoor storage; and 8. A deviation from LDC Section 4.06.02 C, to allow a Type B landscape buffer along Commercial Blvd. and Mercantile Ave. to have a height of 3 feet at planting that is maintained at 4 feet, instead of 5 feet at planting that is maintained at 6 feet. These deviations are shown in the Deviations Detail attached as Exhibit "B," and are subject to the conditions set forth below. This decision does not constitute approval of the site plan. ATTACHMENTS: Exhibit A—legal description Exhibit B —Deviations Detail LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. The landscape plan shall indicate a group of seven holly trees in the northeast quadrant of the site in a line-of-sight between Livingston Road and the proposed expansion. 2. The access point on Commercial Drive must remain (with signs so indicating) as an egress only access point. 3. The height of the building expansion subject to the reduced setback shall not exceed the height noted on the plans for Site Development Plan Amendment for Coastal Beverage Facility Expansion, dated September, 2014, revised 11/18/14. [14-CPS-01395/1150952/1]32 Page 2 of 3 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. — - '4 s 20�� V Date Maik Strain, H-.ring Examiner Approved as to form and legality: Sco A. Stone ir Assistant County Attorney [14-CPS-01395/1150952/1]32 Page 3 of 3 Page 4 of 4 December 23,2014 Exhibit"A" The land referred to herein below is situated in the County of Collier,State of Florida,and is described as follows: Parcel 1: All that part of the northeast 1/4 of Section 36,Township 49 South, Range 25 East,Collier County, Florida,being more particularly described as folows: Commencing at the northeast corner of said Section 36; thence along the east line of said Section 36 South 00°-00'-36"East 730 feet to the POINT OF BEGINNING of the parcel herein described; thence continuing along the east line of said Section 36 South 00°-00'-36" East 570.29 feet to the northeast corner of that parcel described in deed recorded in O.R. Book 1278,Page 1207 and 1208, Collier County Public Records; thence along the north line of said deed South 89°-21'-02"West 450.00 feet; thence North 00°-tl0'-27"West 382.29 feet; thence North 89°-21'-02"East 25.00 feet; thence North 00°-00'-27"West 186.20 feet; thence North 89°-06'-30"East 425.00 feet to the Point of Beginning of the parcel herein described. LESS AND EXCEPTING the South 30.00 feet. Parcel 2: All that part of the northeast 1/4 of Section 36, Township 49 South,Range 25 East,Collier County, Florida, being more particularly described as follows: Commencing at the northeast corner of said Section 36; thence along the east line of said Section 36 South 000-00'-36"East 730.00 feet; thence leaving said line South 89°-06'-30"West 425.00 feet to the POINT OF BEGINNING of the Out Lot herein described; thence South 00°-00'-27" East 186.20 feet; thence South 89°-21'-02'West 25.00 feet; thence North 00°-00'-27"West 186.10 feet; thence North 89°-06'-30"East 25.00 feet to the Point of Beginning of the Out Lot herein described. Northern Trust Bank Building 14001 Tamiaml Trail North,Suite 300,Naples,Florida 341031239.4353535'fax 239.435.1218 www•q'klawfum.com Page 5 of 5 December 23,2014 Parcel 3: All that part of the Northeast 1/4 of Section 36,Township 49 South, Range 25 East,Collier County, Florida being more particularly described as follows: Commencing at the northeast corner of said Section 36; thence along the north line of said Section 36,South 89°-06'-30"West 689.71 feet; thence leaving said north line South 00'-38'-58"East 636.80 feet to the POINT OF BEGINNING of the parcel herein described; thence North 89°-21'-02"East 172.59 feet; thence South 000-00'-36"East 92.40 feet; thence North 89°06'30"East 60.00 feet; thence South 00°-00'-27"East 186.10 feet; thence South 89°-21'02"West 206.59 feet; thence North 05°-21'-05"West 279.17 feet to the Point of Beginning of the parcel herein described. Parcel 4: All that part of the northeast 1/4 of Section 36,Township 49 South,Range 25 East,Collier County, Florida,being more particularly described as follows: Commencing at the northeast corner of said Section 36; thence along the east line of said Section 36 South 00°-00'-36"East 1300.29 feet to the northeast corner of that parcel described in deed recorded in O.R. Book 1278, Page 1207 and 1208,Collier County Public Records; thence along the north line of said deed South 89°-21'-02"West 450.00 feet to the POINT OF BEGINNING of the parcel herein described; thence continuing along said north line South 89°-21'-02"West 141.04 feet; thence North 00°-01'-50"West 1.92 feet; thence South 89°-21'-02"West 30.00 feet; thence North 05°-21'-05"West 381.63 feet; thence North 89°-21'-02"East 206.59 feet; thence South 00°-00'-27"East 382.29 feet to the Point of Beginning of the parcel herein described. Northern Trust Bank Building 14001 TamiamiTrail North,Suite 300,Naples,Florida 341031239.4353535'fax 239.435.1218 l www.cyklawfirm.com Exhibit B Page 1 of 2 GO 15' TYPE "B" 1 BUFFER MERCANTILE AVE 30' ROAD I I (60'ROW) _ — — — EASEMENT (PUBLIC) __ ------- "" 10' UTILITY EASEMENT (i i__ - 1` INDUSTRIAL FPL CORRIDOR I 5' TYPE "A" BUFFER r HOLLY TREES I ,i�,�, 5' TYPE PER 1 I I II 110' JAN°} —� A„ D1 10t .i e UTILITY „o.. BUFFER - __—__—_.7,17]._ EXISTING I /�'� 11"'rA1S�t11ENT— _ ' F� �� II I CHAIN LINK I 1 III ' ■ 11) I „; FENCE • W/BARBED 1 1 QI ' 14 b WIRE 1 1 - COO1 1 1 1 n I r---.4.1(33.3 I I SIDE 1 1 1 1 I. FOUNDATION 1 YARD I I PLANTINGS 15' TYPE—x.11 I'"- I I PER D2 1 I I. BUFFER II 15' TYPE I 1 1 1 BUFFER ■ I II ` I Q`om Z $441 I I. z a Cc O% I I © �I •I ) �� ADDITIONAL I > ) �It , , D *� TREES I a o r �1�1 \ PER D4 I x EX PERVIOUS 1 , 1 PAVERS 1 I I 1 I ' ` 33.8 ONE TREE 1 ,I ,1, I — — — — I SIDE PER 04 1 1 1 � 3t• ! (al I L_ I YARD I 1 nal I PROJECT I ,I 1 __— — D I� BOUNDARY :I m0� ! 23 I Q • I , 1 23' / / I i let- -VW � I d - t_ z W _ J 10' TYPE "D" BUFFER — _ �— PROGRESS AVE. 4' HEDGE \, (60'ROW)(PUBLIC) PER D2 CDC) INDUSTRIAL 0 50 100 200 LEGEND: 0- DEVIATION SCALE: 1" = 100' El-MITIGATION FOR DEVIATION January 27. 2015 2:32 PM K\2006\060036.01.00 Coo.tol Beveroge Focdlty Exponslon\0007 Civil Engineering Design k Construction Plana\REV-00\EXHIBIT—DEVIATION —22 JAN 2015.Owg es+a ww a.,r a..e.sLnr zao F we•.Fvwx,W (COASTAL BEVERAGE,LTD. COASTAL BEVERAGE 10301 W' 's,u..... 4747 PROGRESS AVE. FACILITY EXPANSION lN01qIMIN0 Fbre•EB] '.re W 3 '° 4• A REVISED PER STAFF COMMENTS 00E0 AMC 15.2015 OLD PV 1/22/15 a,,,m DEVIATION EXHIBIT W/u ". I.IOO . .. 2x `REV I RENSION ea, oea® eo ` BEJ Isr. DLO ...,.� • SB.01.00 ESNIBIT-oMAT10N I e1 2� Exhibit B DEVIATIONS: Page 2 of 2 D1 DEVIATION #1 SEEKS RELIEF FROM LDC, SECTION 4.02.01.A TABLE 2.1 FOOTNOTE E. REGARDING DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS TO ALLOW A MINIMUM SIDE YARD SETBACK OF +/-24 FT. ALONG THE NORTHERN PROPERTY LINE, INSTEAD OF THE REQUIRED 50 FT. SETBACK. D2 DEVIATION #2 SEEKS RELIEF FROM LDC 4.06.02.0 .4 "TABLE OF BUFFER YARDS," "ALTERNATIVE D," WHICH REQUIRES A 10-FOOT WIDE TYPE D BUFFER, TO ALLOW THE EXISTING FOUR PERVIOUS PAVER PARKING SPACES LOCATED AT THE SOUTHEAST CORNER OF THE SUBJECT PROPERTY TO ENCROACH INTO THE BUFFER YARD BY +/- 3 FEET AND THE PROPOSED PARKING AREA AT NORTHWEST CORNER TO ENCROACH IN THE BUFFER YARD BY +/- 5 FEET. 0 DEVIATION #3 SEEKS RELIEF FROM LDC SECTION 4.06.03.B.2 "STANDARDS FOR LANDSCAPING IN VEHICULAR USE AREAS," WHICH REQUIRES THAT ALL ROWS OF PARKING SPACES SHALL BE BORDERED ON EACH END BY A TERMINAL LANDSCAPE ISLAND MEASURING INSIDE THE CURB NOT LESS THAN EIGHT FEET IN WIDTH TO ALLOW NO LANDSCAPE ISLAND FOR THE ROW OF PARKING SOUTH OF THE ACCESS POINT ON COMMERCIAL BOULEVARD. THE DEVIATION WILL ALLOW THE EXISTING PARKING SPACES AND DRIVE ISLE CONFIGURATION FOR THAT AREA. 0 DEVIATION #4 SEEKS RELIEF FROM LDC, SECTION 4.06.03.B.2 "STANDARDS FOR LANDSCAPING IN VEHICULAR USE AREAS," WHICH REQUIRES ALL ROWS OF PARKING SPACES TO CONTAIN NO MORE THAN TEN PARKING SPACES WITHOUT A REQUIRED LANDSCAPED ISLAND, IN ORDER TO ALLOW THE EXISTING 11 PARKING SPACES LOCATED IN THE PARKING AREA LOCATED NEAR THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY AND THE 12 PARKING SPACES (INCLUDING 5 PERVIOUS PAVER PARKING SPACES) LOCATED IMMEDIATELY SOUTH OF THE COMMERCIAL BOULEVARD EXIT. 0 DEVIATION #5 SEEKS RELIEF FROM LDC, SECTION 4.05.02.L TABLE 16 REGARDING DESIGN STANDARDS FOR PARKING, MINIMUM AISLE WIDTH TO ALLOW A MINIMUM PARKING AISLE WIDTH OF +/-23 FEET INSTEAD OF THE REQUIRED 24 FOOT PARKING AISLE WIDTH FOR THE EXISTING PARKING AREA ON THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY. 0 DEVIATION # 6 SEEKS RELIEF FROM LDC, SECTION 4.02.01.B.2 WHICH REQUIRES AT LEAST 30 PERCENT OF THE GROSS AREA SHALL BE DEVOTED TO USABLE OPEN SPACE TO ALLOW A MINIMUM OF +/-28% OF USEABLE OPEN SPACE. 0 DEVIATION #7 SEEKS RELIEF FROM BOTH LDC, SECTION 4.02.12.A DESIGN STANDARDS FOR OUTDOOR STORAGE THAT REQUIRES A 7' SCREEN TO ALLOW A 4' SCREEN. 0 DEVIATION #8 SEEKS RELIEF FROM LDC SECTION 4.06.02.C.2 "TABLE OF BUFFER YARDS," "ALTERNATIVE B," WHICH REQUIRES A 5' SCREEN AT PLANTING THAT IS MAINTAINED AT 6', TO ALLOW A 3' SCREEN AT PLANTING THAT IS MAINTAINED AT 4' ALONG COMMERCIAL BOULEVARD AND MERCANTILE AVENUE. Jonuory 27. 2015 2:32 PM K:\2006\060038.01.00 Casette Beverage Facility Erponson\0007 Civil Engineering Design&Construction Pions\REV_00\EXHIBIT-OEVLAT10N -22 JAN 2015.dwg sso Na,n on.e snr zoo aw..FA N COASTAL BEVERAGE,LTD. COASTAL BEVERAGE °°'aF (279)507-Q578 4747 PROGRESS AVE. FACILITY EXPANSION ENGINEERING` Fes"X=ie eee'"n'' ,,.. `aC A RENSED PER STAEE COMMENTS DATED JAN. 15.7015 DLG w V77/IS usueu loree DEVIATION EXHIBIT LEGEND /��/'� n:ry '� ..ate RE `REV/ REVISION woe aeon art BEJ DLO p600380100 E%HBl-pEVNnON 12 0l 2,