HEX Final Decision 2017-15 HEX NO. 2017— 15
HEARING EXAMINER DECISION
PETITION NO. CUE-PL20170000680 — North Naples Fire Control and Rescue District
requests a two year extension pursuant to Land Development Code Section 10.08.00.G.3 to
commence construction for the Conditional Use approved by Resolution No. 08-50 and to
amend the conditional use master site plan to shift the improvements along the eastern
boundary to the west by 50', for a fire station and administration building on property
located on the east side of DeSoto Boulevard North, opposite and north of 22nd Avenue
NE, in Section 28, Township 48 South, Range 28 East, Collier County, Florida.
DATE OF HEARING: July 27, 2017
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
10.08.00 G of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
No objections have been received for this application and no members of the public, other than
those associated with the Applicant, attended the hearing.
This application extends the original conditional use for an additional two years. Additionally,
the site plan was modified to shift the site improvements approximately 30 feet westward to
avoid an existing drainage easement. The modifications to the site plan are minor in nature and
do not change the conditions of the original application.
DECISION:
Petition Number CUE-PL20170000680, filed by Robert J. Mulhere, FAICP of Hole Montes,
Inc., representing North Naples Fire Control and Rescue District with respect to the property
herein described, is hereby approved to amend Resolution No. 2008-50, which established a
conditional use for a fire station and administration building within the Estates (E) zoning
district, by amending the conditional use master site plan to shift the improvements along the
eastern boundary to the west by 50 feet, in accordance with the Revised Master Site Plan
attached as Exhibit "A", and subject to the condition(s) set forth below; and further, confirming
the new expiration date of this conditional use as December 19, 2019.
ATTACHMENTS: Exhibit A—Revised Master Site Plan
[17-CPS-01654/1352193/1]57 1 of2
LEGAL DESCRIPTION:
The South 180 feet of Tract 115, Golden Gate Estates, Unit No. 72, according to the plat thereof
recorded in Plat Book 5, Page 8, of the Public Records of Collier County, Florida; and
The North 150 feet of Tract 115, Golden Gate Estates, Unit No. 72, according to the plat thereof
recorded in Plat Book 5, Page 8, of the Public Records of Collier County, Florida.
CONDITIONS:
The approval of this conditional use extension is subject to the following condition(s):
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. All conditions contained within Resolution No. 08-50 remain in full force and effect.
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. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURTS, 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 ;
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
L/L)./t ' U
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
[17-CPS-01654/1352193/1]57 2 of 2
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