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HEX Final Decision 2021-22 HEX NO. 2021-22 HEARING EXAMINER DECISION DATE OF HEARING. May 27,2021 PETITION. PETITION NO. ABW-PL20200002617 — Swamp Axe Worldwide, LLC — The applicant requests that the Hearing Examiner waive the required minimum distance for the sale and consumption of alcoholic beverages, pursuant to Section 5.05.01.A.6 of the Land Development Code, for an establishment known as Swamp Axe Worldwide, LLC that seeks to sell alcohol for consumption on-site less than 500 feet from an existing child care center, for property located at 2487 Linwood Avenue, in Section 11, Township 50 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The applicant is requesting approval of a waiver from the separation distance from a childcare center and the sale and consumption of alcoholic beverages. The required separation is 500 feet and the Petitioner's business is approximately+/- 300 feet from the childcare center. 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. 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. The County introduced the petition and made recommendations, Petitioner and/or Petitioner's representative presented the Petition, followed by public comment. There were no objections at the public hearing. Page 1 of 4 6. At its May 5, 2021 meeting the CRA Advisory Board voted 7-0 in support of the waiver. 7. The County's Land Development Code Section 5.05.01.A.6 lists the criteria for the waiver of part or all the minimum distance requirements at a proposed site, the Hearing Examiner shall base a decision on the following factors.' FACTOR ONE: The nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing school, childcare center, public library, church, public park, or public playground which is determined by the BZA/Hearing Examiner to lessen the need for the total 500-foot distance requirement. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way. The testimony and evidence at the hearing and in the record show that Swamp Axe (the Petitioner)has a vacant lot in the rear and is separated by four chain link fences. Two of which are barbed wire fencing. (See Composite Exhibit A - Gates and Fences). FACTOR TWO: The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the school, childcare center, public library, church, public park, or public playground. The testimony and evidence at the hearing and in the record show that in the rear of the property, there is an 8-foot-tall chain link fence. The westernmost fence is an 8-foot-tall, barbed wire fence. The entrance to the lot has a 10-foot-long rolling gate. The gate is closed at 5 every weekday and all days and nights on the weekends. (See Exhibit B of gates and fences). Moreover, to access Ana's Little Angels Learnings on a road either by foot or vehicle would be approximately +/-2300 feet(See Composite Exhibit A -Door to door distance). FACTOR THREE: The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. The testimony and evidence at the hearing and in the record show that the hours of operation are Thursday and Friday 4:00 p.m. to 10:00 p.m., Saturday 1:00 p.m.to 10:00 p.m. and Sunday 1:00 p.m. to 8:00 p.m. Moreover, no lighting will be added to Swamp Axe Co. All customers will be contained within the building while throwing axes. FACTOR FOUR: The Administrative Code shall establish the submittal requirements and procedures for the waiver of distance requirements. The testimony and evidence at the hearing and in the record show that all submittal requirements show compliance with the waiver distance requirements. 1 The Hearing Examiner's findings are italicized. Page 2 of 4 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 5.05.01.A.6. of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number ABW-PL20200002617, filed by Sean Couturier of Swamp Axe Worldwide, LLC, with respect to the property described as 2487 Linwood Avenue in Section 11, Township 50 South, Range 25 East, Collier County, Florida, for the following: • A minimum distance waiver pursuant to Section 5.05.01.A.6. of the Land Development Code (LDC) for an establishment known as Swamp Axe Worldwide, LLC (aka "Swamp Axe Co") that seeks to sell alcohol for consumption on-site less than 500 feet from an existing childcare center. Said changes are fully described in the Separation, Gates and Fences, and Door to Door Distance Exhibits, attached as Exhibit"A","B"and"C", and are subject to the condition(s)set forth below. ATTACHMENTS. Exhibit A — Separation Exhibit, Exhibit B - Gates and Fences, and Exhibit C - Door to Door Distance LEGAL DESCRIPTION. 2487 Linwood Avenue in Section 11,Township 50 South,Range 25 East, Collier County,Florida. CONDITIONS. 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 3 of 4 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. ise.2.).61.,_......---- June 11, 2021 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 4 of 4 EXHIBIT " A" Vd I1 1 I 0 I .4 , ; k 1 ,. . a Fi .'_ ;�' r. Q-, I _ r 1 •„ JCi� • v • 5/e t r C_. ' c_ ;tea• fi .� 1 .r ' .,„.• I 11111 3 , ++)` - did c .' ,,,, et —.. • •riazi--t:-•01-4-$. . r ► a.. ilk): . !PI"' : . . a • NW ,... .,.- .*i • OM, IMF-,,, .1* 'f• ' `*. mitio 1 I is. 1 I-•:"4 •' i .r b i J , �*1���If • 11! q vy .e,',' .--• * , • kirl 4 •' North 1 L�ll11�61111 , ,.` EXHIBIT "A" EXHIBIT " B " f,, I ' TALL � 8 : `TALL GATE ' C.L.F. .. . S 9' (.' :1 'l','? i^s . t<ar rh +Sn ram... r. 1 4 0..,,�r,1 'W- , h,'JY1� 'L'L•�+esN y' .. ,ram • V. 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