HEX Final Decision 2021-55 HEX NO. 2021-55
HEARING EXAMINER DECISION
DATE OF HEARING.
October 28,2021
PETITION.
PETITION NO. DR-PL20210001068, Petitioners, Yaima and Roylan Reyes, request
approval of a site plan with deviations pursuant to LDC Section 4.02.26.E and seek two
deviations,one deviation from LDC Section 4.02.26.B.16.a,which requires parking lots to be
located to the sides or rear of buildings, to allow for an extension of the current parking lot
to the front of the building and playground to the back; one deviation from LDC Section
4.02.26.B.8.a,which requires a minimum five-foot-wide planting strip with shrubs and trees
to be provided along the perimeter of any lot line for a non-residential use adjacent to lands
outside the Golden Gate Parkway Overlay District (GGPOD) and zoned for single-family
residential dwellings,to allow for no planting strip along a portion of the northern property
line where an existing fence and playground area have been permitted and constructed for
the redevelopment of a child daycare center consisting of 0.76± acres, also described as
5269/5275 Golden Gate Parkway, located on the northern side of Golden Gate Parkway,
approximately 1,700 feet east of Santa Barbara Boulevard,in Section 28,Township 49 South,
Range 26 East, Collier County,Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioners request to allow for an extension of the current parking lot to the front of the
building and playground to the back and to allow for no planting strip along a portion of the
northern property line where an existing fence and playground area have been permitted and
constructed. Additionally, the plantings required within this portion of the property will be
provided as an addition to the buffer areas provided for this project.
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.
Page 1of6
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 planning staff presented its staff report and recommendations,the Petitioner and/or
Petitioner's representative presented the Petition in full, followed by public comment and
rebuttal by Petitioner. There were no objections at the public hearing.
6. The County's Land Development Code (LDC) Section 4.02.26.E.4 lists the standards for
approval of deviation requests for projects in the Golden Gate Parkway Overlay District
(GGPOD). The Hearing Examiner shall render a decision to approve,approve with conditions,
or deny the requested deviations.'
Proposed Deviation #1(Parking Lot): Deviation #1 seeks relief from LDC 4.02.26.B.16.a.,
which requires parking lots to be located to the sides or rear of buildings, to allow for an
extension of the current parking lot to the front of the building and playground to the back.
The proposed deviation will allow the extension of an existing parking lot next door that is
adjacent to the street and represents a use that is compatible with adjacent land uses. This
deviation allows for an efficient site layout, a logical circulation patter and the playground
extension to conform with the existing one. The proposed layout will keep the children away
from the vehicular traffic from the road and parking lot area.
The "minimum amount necessary criterion" does not apply in this case because the
improvements requested (i.e., additional parking and extended playgrounds) meet county
requirements. The issue is related to the proposed location on the property. A deviation which
allows for an extension of the current parking in the front and playground located in the rear
is the minimum allowance necessary to provide a properly functioning site and safe
configuration for the children attending the daycare.
Unlike a deviation to a development standard such as a setback or building height requirement,
Petitioner is asking for a deviation that would allow for the location of the extended parking
lot in a more logical and functional fashion. Providing for parking on the front of the site
allows for a safe environment needed for the children—in the area of the property where the
existing playground is located, as opposed to having them congregate close vehicular traffic
on the abutting the right-of-way. This request will allow the playground to be located far
enough from the street to provide a safe environment for the children, while allowing for the
parking lot to be extended in a contiguous and logical manner. The applicant will also provide
landscaping in the form of a hedge row on the front property line facing the right-of-way. This
newly constructed landscaping strip, in combination with an upgraded paved parking area
and upgraded playground facility, will bring provide property improvements consistent with
'The Hearing Examiner's findings are italicized.
Page 2 of 6
the GGOPD's intent, while improving aesthetics along Golden Gate Parkway, softening the
pedestrian interface, and creating a safer and more enjoyable public realm.
Proposed Deviation#2(Planting Strip):Deviation 2 seeks relief from LDC Sec.4.02.26.B.8.a.,
which requires a minimum five-foot-wide planting strip with shrubs and trees to be provided
along the perimeter of any lot line for a nonresidential use adjacent to lands outside the GGPOD
and zoned for single-family residential dwellings,to allow for no planting strip along a portion
of the northern property line where an existing fence and playground area have been permitted
and constructed.Additionally,the plantings required within this portion of the property will be
provided as an addition to the buffer areas provided for this project.
The proposed deviation will meet the intent of the buffer regulations in that a fence will be in
place to provide proper separation between existing uses.Additionally, the plantings required
within this portion of the property will be provided as an addition to the buffer areas provided
for this project. The proposal provides for the reasonable use of the existing fence located on
the property which had been permitted by the County (Permit #PRBD2017103706701). The
approval of this fence located to the back of the property line does not allow for any room for
an external landscaping buffer to be provided on the property. The issue will be addressed
through providing the required plantings associated with this portion to other portions of the
buffers located on the property. As previously stated, the deviation request will be mitigated
for by providing the required buffer plantings associated with this portion of the property
within other buffers areas located on the property.
A. Applicable evaluation criteria in LDC Section 4.02.26.E.4:
B. Whether the proposed deviation is compatible with adjacent land uses and achieves the
requirements and/or intent of the regulations as closely as is practicable.
The record testimony and evidence from the public hearing and the analysis above reflects
that the proposed deviations will not change the permitted land uses and densities within
the development. The proposed improvements will have beneficial effect for the
surrounding neighborhood and unincorporated Collier County for this currently
developed property.
C. Whether the proposed deviation is the minimum amount necessary to allow for reasonable
use of the property and/or address the issue necessitating the deviation request.
The record testimony and evidence from the public hearing and the analysis above reflects
that the deviations are clearly delineated and is the minimum required to achieve the goals
of the child day care redevelopment project.
D. Whether the reduced or increased standard requested by the deviation is mitigated for,
either on the subject site or by providing a public benefit on the subject site. Examples of
such on-site mitigation include but are not limited to: increasing setbacks from the adjacent
road right-of-way when proposing to deviate from sign size limitations; increasing
plantings or planting sizes or installing a fence or wall where a reduced buffer width is
Page 3 of 6
proposed; providing public pedestrian and/or bicycle pathway easements or other similar
mobility improvements including transit enhancements; providing public parking;
providing beautification in the public realm, including street trees, street furniture, lighting
and other similar public benefits.
The record testimony and evidence from the public hearing and analysis above reflects that
providing for parking on the front of the site allows for a safe environment needed for the
children in the area of the property where the existing playground is located, as opposed
to having them congregate close vehicular traffic on the abutting the right-of-way. This
request will allow the playground to be located far enough from the street to provide a safe
environment for the children, while allowing for the parking lot to be extended in a
contiguous and logical manner. The applicant will also provide landscaping in the form of
a hedge row on the front property line facing the right-of-way. This newly constructed
landscaping strip, in combination with an upgraded paved parking area and upgraded
playground facility, will bring provide property improvements consistent with the
GGOPD's intent. Moreover, the request will be mitigated for by providing the required
buffer plantings associated with this portion of the property within other buffers areas
located on the property.
Landscape Review:
The record testimony and evidence from the public hearing and analysis above reflects that
no detrimental effects will result from the approval of deviation 2 given that the site has
existed with no buffer in this area for several years. The applicant is committing to re-
allocate the buffer plantings that would be required in the area of the deviation elsewhere
on the site. As a result, there will be no net loss of required trees and shrubs on the site.
Environmental Review:
The record testimony and evidence from the public hearing and analysis above reflects that
preservation of native vegetation is not required since the property has been developed
and does not contain native vegetation or listed species. This project does not require
Environmental Advisory Council(EAC)review, as this project did not meet the EAC scope
of land development project reviews as identified in Section 2-1193 of the Collier County
Codes of Laws and Ordinances. Conservation and Coastal Management Element(CCME):
Environmental review has found this project to be consistent with the Conservation &
Coastal Management Element (CCME). The project site is not required to set aside a
preserve area.
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
Page 4 of 6
is enough competent, substantial evidence as applied to the criteria set forth in Section 4.02.26.E.4
of the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number DR-PL20210001068, filed by
Patrick Vanesse, AICP of RWA, Inc. representing Roylan & Yaima Reyes, Managers of S & R
Brothers International, LLC, with respect to the property described as 5269/5275 Golden Gate
Parkway, located on the northern side of Golden Gate Parkway, approximately 1,700 feet east of
Santa Barbara Boulevard, in Section 28, Township 49 South, Range 26 East, Collier County,
Florida, for the following:
• An application for Site Plan with Deviations for Redevelopment(DR)for a redevelopment
project for Here We Grow Daycare. To better facilitate this redevelopment project, the
petitioner requests approval of a site plan with deviations pursuant to LDC Section
4.02.26.E and seek two deviations,one deviation from LDC Section 4.02.26.B.16.a,which
requires parking lots to be located to the sides or rear of buildings,to allow for an extension
of the current parking lot to the front of the building and playground to the back; one
deviation from LDC Section 4.02.26.B.8.a, which requires a minimum five-foot-wide
planting strip with shrubs and trees to be provided along the perimeter of any lot line for a
non-residential use adjacent to lands outside the Golden Gate Parkway Overlay District
(GGPOD) and zoned for single-family residential dwellings, to allow for no planting strip
along a portion of the northern property line where an existing fence and playground area
have been permitted and constructed for the redevelopment of a child daycare center
consisting of 0.76±acres.
Said changes are fully described in the and Site Plan with Deviations as Exhibit"A"and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A—Site Plan with Deviations
LEGAL DESCRIPTION.
5269/5275 Golden Gate Parkway, located on the northern side of Golden Gate Parkway,
approximately 1,700 feet east of Santa Barbara Boulevard, in Section 28, Township 49 South,
Range 26 East, Collier County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The Here We Grow Daycare, Site Plan with Deviations, shall be limited to that which is
depicted on the "Here We Grow, Exhibit— Site Plan with Deviations, dated June 2021,"
prepared by RWA Engineering.
Page 5 of 6
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. 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.
November 24, 2021
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
IVO0V411,33NONGSNVA310'ANWA a1
Loran Iecil xvi
o.,esot( 3nmw ONIE133NIE N3 � Ii'i l!I N�SI
026Ct wnioli'VIM ' ! ■
m,iuns'awu Me SNVA3'd'f , .
Yd'ON1a33NION3SNVA3'11T 32IV3AV4 MOHO 3M 3213H w . s `Ile i 1
O = CO =
Ili
ill
moaI- ! o d p[e
oWw Ei
�
No 31€
Li_ 06 • �
-
3. R 3t I.
w u
8Filig P
N n . ri e w
.. V
N
LL le.t
Q~ •, !` K )W \ \
O Q W �, a " I
.^ 1
1.11
CI z , .:40' " ' \I,' . <1
Iii id
• •
III th
=p IP
� III
a. L• N4.. r � a
O (^ v o 1e e'II
10 ill
W 6 � � � Qg IhI
1111
N1 : s11 , C 2
WLL .S ' . 0 . i
f li ` , ..L. gip 3■
Cl) w a Wlz 4t , 1
= a
r
O Ip i ii
z2 1 1r e.Y?
a.
cc
6
NO3 FII090911+N36M/IlatlrMNM NVldNOI11lOW3O ONVSNOIlIONOJONLLSIX3'1V1213V 1^
, i roue x/i
tnI scasn 1pZ13N01id ONI1:133NION3 ri
uel "°"1ian,l93 SNvA3 d•r l�}}i.
•
Yd'�JNIa33NI�JN3 SNVA3'a'f 3�IdD�lda MONO 3M 3ZI3H �1 ''
!{i illi, 11 I ii
li
1. /li 0:111 I1i t11/1 ' E 11
2 11 1
1: 1t , E�
- — ti "• •u lir 11
�tt::r:YF:cei�:�:ef':; it
+
if
� it
tf: bi
::::pd ii i::ff: 1,( 11 ' 11111
ff;:if:.:f::+iilfiiy,+'f,+111 �t
it
to
f:,:;:;f;ftf, 2II 1
et
IS
f•+;•r': r;:fi :: •
It
if::+f=fitfLrif':fu':
.i , t 1
riif,�1 e. 32 t
II II i:Ff:f?friiiiiiiF:F:, : 1
+ e
I
I. :�: I;II
i11i i
\; II
„ I MEIN
0
.1111 �� 1':1: II it,,
I ,
11 i i
:•i:• ::C: ' 1111 V. I 11
II
It II
n I II
€ ; I II II
11 , II
II IT I Ii II I II
t It tI
II 11
It 11
le II
1 II , 1I
1 VIi I I i
I• III
1 11
.NN., . III il t Il' 111 11 1 II
2 {� ! 1 1
1 e !
' ,it i I IN it ie _. . 1 II t 1
.i
�_ - I;, of J4, 1 1,E-giiii
,I �B'' Ei�� I I „
L_ L' ' 1 1
,
i w e )14 \INI
ii
ii
1 t J \ I I
11 a)1' 1 11
; 1 f 1 II
Vr 1 ' f` a ' . 1 t,
I
1 L___tN,-.----;'- 1d1 i 11
.1---- --e-.�snv_v� ,I ' •��` - ii
E I 89 n 00
y� 1 L I n��,1y
'� +°� i 0 0
i
,
:,4,,i,,
, ' 1
•
I.of i I
Ike I
p
,wr wna.1 ,� 11 ,
I .
' t r I �i 1 I
1 1 1, j
1
it 1
' Il?
1 to I 11.1 1 II II
. :�1 I I tl t
1107 ONa " "�"� NVId 3DVNDIS ONV ONIAVd•311S 831SWI a r+
e►leso►ecxl 3NOlid ONId33NION3 ____ 4
etr.v°,7, aa�a SNVA3•d'
vd M ION ``ar 3w3Ava MOND 3M 31I3H ..... .... .. e i
new* Iq
I. III
- lit. it [..11 :?,/11 rl i w��
' II I ba1s
II
Tarzwri , II
-
I II
i, .r., 1;
k r pe¢iii► i�\�\` .� I I I
!i 11
Ihp[, '''jjj��� - )1'
n
ii _ 6 11 I
1I
e 11 1I
G T �• ��Y! i ,,E"r.B I . 1
F
1 I. II
e
.11 �; I i`s_ \\`I I; P, ; € I
II
ll 1
4 B` • 1 liti II
I ,
, I I u
i I 1 „I(�I - ► 1 , 1 1
,I ,
' 0 it
---- i EE I CI i1
, , II
I II I II
I I1
I ; I I II I,
,i j I II II
I j ,I' , ! 1 11 I II
1 II II
I 11 , II
i I 11 / h'
I I I I I J 1
11i11 !IS;i
G G`
'il 1 j g Inii i 12111
i 1 ill 11 /I II i I i 1 11
€1 i !{ w g :::� 1 ::,: I ®III M i_
1 , il i 1 1 g , 1 'R 1 1 I IN ii g z li glii
1 & .` II 1 g -i ig I it I IIIIi 1 e•ill
1 1
SM
9s ill.. ! i 1 : 1i
W00.OMH93NN NSINNA W MM NVld SNOUO3S SSONO aNv • ,
travez 3'JVNIV!!a'ONlavafl LI31Sv1V
ovielet ed MOM ONIt133NION3 I
e,aneful to ,r, ,wee SNVA3'I:I'r !'a
Yd VNM33NION3 SNVA3'NT 32IVOAVO MOZIO 3M 3�I3H i9i
1 1 11 I
` 1
`-�
- I € . ; is K_ Ii .......:1....., II ), 96 1 i to I I •II /Ili
— I i, , I aEi!
11
11
LL.,.. r_--- II I 11 1 1
" II
1
if " i 'N I L .. ! II 11 1
1 r J� ` ! 11
I
MII II
11
, 6 we • J II
„ 1
1 11 P - ' 1,
11
•
,•- n
C -- Ji,, > 11 1
( 111 ,
•
.diWjf .''s\ it [I I ,1
n
jI I I Stu 1.'fir
n
; II` , II: 1 ' n y
{firr ' n
IK,N............... ,.. - , 1 11
. 111 111 1 I � 1 '
1 1 1 •1
_�.t-H 1:gp'pi'j 11 1 i .i n
i iqj -r-- _'ilk--;
. EI E J 1 111
[EI CIE`. `------1 j �,�i i 4, ' }i
1� {s 1 If
I
\ � l ?1 11 J
\ E 1 , 1 11 i , n 1n
q I I i I , , , „ I „,
a 11,
1
1
is
1
, , 1
, 1
1
i I6 1 I i
1 li i
;
1 11 i
sIi I I iI
Ii; ? 3
I I . 1. ii a Iffl : S g f5 ' '( E I " I„ u E
i
I@ 6
F
, E . l:E
t , !H ?Pill' I iiidl
i ID! 1;
!- . I ills; E' lilt iIIII
i 't ` I1 ` 'E I
•
1
■I00 OMa93NION36M/A31:11'11UAM Mild 102111400 NOIS0213 i'+
Mein ME,ICVA
nlsso►:ea)aNONd ONI1:133NION3 - 1
�C[YORIOl�Otl3193 SNVA3'd'r 1'1.;..
iol airs 3 1923 me
V'd'`JNIN33NION3 SNVA3'a'f ll
32 /O�lVO M021J 3M 3ZI3H .., ._,. ..... ���#
1` I I 1 4
1
` 1 1 li■
2� el
it „ , , 1
k it 1+�
E 1 ;;
lir
` I ' I•,i II II I liii
11
11
II
II I
III
I ,
I.
so
CW P.I , II
g u
�j E " I
J ia! + / I II
11
rF I 1,
u II ,
is 6 11'' `
I , III
J 1 i� '
1■ I
:IAA i— �
It I
�In� `��i I
it
I ' , 1� 1
I
1
itilfI
11 ,
", 1
1 I
I ,il
; k 1 I
' r
' ,,1
� 1 I 11I 1�,�� i I i ,11 1
I I I "1 i II
1 1 , u , I
11 I , 1 1 yl }
y e , 1 1 ' ♦11
1 n I 1!
I I I ' I Il ,
II 111
I I II I1,
I I I ' II i II
Li
I ' I II 1'
1 II m
I II,
I % ,
' I ,
I / I
` I
11 a S
htiii
I III t 1is1
11 ;l 0 Ili 1 Ii iIIiJIJUItiIhI1i1I!
N- 11111111519:311 MI
�o
_o 04 r4 1 F f 1!
_-.Io= 3. 1 2i1 H 0 1is1. 111 ■ i 11
._—,( 1( 3 € ! ill fill ilifil1111
1,111111111 Ii 111111111
Y/07ONIIMNMN3SNYA311rAaM N , n
SlIV130 ONV S310N ldN3N3'J -
memY ecv 3NONd ONIH33NIE7N3 i,w"
vats SNVA3.d.r - --
ZOl 3Lf19 bVOU N3M7SMK13,90S
VA'ONIN33NION3SNVA3'NT 311V3AV4 MOND 3M 3tl3H _ ..... .... illi
Ili
°, ii1
i , I it 1e1
i!fl
'I 00 1,Ii i
iifli i 1111
oil s �
pilli Ih1�4 •
1
01111iim
E 1i $
E ii 0
d / i _ II
a
L ii i Y V
_1_ !1' `f ii i i10 W R
ii°riA - ill 1` i` 1 Iiliiis a° . . . 11 hi II
011 Oil . .,. . P { U I / : ,.. i i ill 11 i
1111 /I
�1i1Is!1! I!' ilI!ti
1 IIli, 11 1il; .�
qr ` il 4 c c c 0�i 4 l '5? ey 11 I
! ! ! c 2 1111 g i HIP ; Ihg '1 mi 1
Y4iialg Ei ! ` 1 1,1.11
11 Til i2! h! i! Qom i '1111!! @ ""f�
!'
i 1" ill 1
1
:�:� !hill 1111111Illw1 iammid I N
If 1 e it I I it 1 1 3 E i
`i
t ii -
h . W i iiiiia
Ei ••� „ 1 1 !. !€ . i 1 !i i tot— !1 .� zYilldii
111 , 1Ig@Ell 1 '
_. L.I e1y 1 pgik a 1 : g
1
g E ilf - 1 i
q • • if NM/M/.3.+1..WMM►+MM+3.f.041
�.m.w SNOIIVIA30 RUM Mid 311S•118IHX3
uso-/N um vv/sue/Nuia ”., , 8 l 3
MK Tro Wahl/COI WM Mc w M.N ONE ..
ONq M0110 3M 383H .,,.,. 97
te1;1.
•
Vinti S3A38 NV1AO11 ONV VWIVA , I�:el t
�,^ h_
gl, \ J
2
c = 6 F
Tz
I m. zoo
•.� I W p- �uuwwy11 o o
e zp
a fY
i
3 �- \\ III 1 a
e _Y a
3W � W
e
i` • P O L
r
58 •
p .6'ii
wg oP
1 ,
n
3 $ F
3 E "l ill =Pi '7 .: ,db, .1 W
1I • J 1. C I1 . :;"� . 1111ooa�
•
1 b 5 1 ' E30. g
—itl,- < . ..11..
O}
a € gg __ \\ Ie r,mZ;gym
g€ ft. a
:. 147 i F''' ' ! Yoid zo
I '" i A HUH' '
p
o i p
I • I a z y'6 S v°1 . ,, 1 .'"'"77 in! 9
mr;pm
I m p
1 al ►z alLe: n 1 EW J
I W= I $• P O W�N' z° 4
I0.
Pz • '"'�� x Q �oISZWW
p r O
_ t upi W a L
/( N Iti c f<Wps;a I
o ; V 5 si
tp:it co . g1 Q ® i