HEX Final Decision 2015-12 HEX NO. 2015— 12
HEARING EXAMINER DECISION
PETITION DRD-PL20130002395 — Petitioner, 5 Star Petroleum, Inc., on behalf of
property owners Steve and Dorothy Lefes, requests approval of a site plan with
deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section
5.05.05 B.1, which requires a 50-foot front yard setback for automobile service
stations, to instead allow a 30-foot front yard setback from U.S. 41, to accommodate
the replacement of the previously permitted gas pump canopy with a new, larger gas
pump canopy over the existing gas pumps for a gas station redevelopment project
within the Commercial Convenience (C-2) zoning district, located on the northwest
quadrant of the intersection of Tamiami Trail East (U.S. 41) and Joseph Lane in
Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of
6.29+1- acres.
DATE OF HEARING: March 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:
The original site was developed in 1977 as an automobile service station. At that time the front
yard setback for canopies covering fuel pumps was 30 feet. In 2005 Hurricane Wilma destroyed
the canopy. Current codes require a front yard setback for canopies of 50 feet. This deviation
request would allow a replacement canopy within the same setback as the original.
Site landscaping will be improved to current standards as shown in the attached Exhibit "C".
One member of the public spoke of concerns with the customer activities, such as litter and
trespass, involving this land use, and the lighting requirements for the canopy. This automobile
service station operates as a convenience store with fuel pumps. Customer activities as described
by the speaker are not addressed through the Land Development Code; however, lighting
requirements are addressed through the LDC. The owner, as well as county review staff,
acknowledged that the property will meet the required standards for shielded and recessed
lighting. The speaker was directed to other possible procedures to pursue the customer-related
complaints.
[14-CPS-01344/1163466/1130 Page 1 of 2
DECISION:
The Hearing Examiner hereby approves Petition Number DRD-PL20130002395, filed by Martin
D. Pinckney of American Engineering Consultants of Marco Island, Inc., representing 5 Star
Petroleum Inc. on behalf of property owners Steve and Dorothy Lefes, for a site plan with
deviations for redevelopment, to allow a deviation from LDC Section 5.05.05 B.1, which
requires a 50-foot front yard setback for automobile service stations, to instead allow a 30-foot
front yard setback from U.S. 41, to accommodate the replacement of the previously permitted
gas pump canopy with a new, larger gas pump canopy over the existing gas pumps for a gas
station redevelopment project known as Green Store #108 within the Commercial Convenience
(C-2) zoning district, on the property described in Exhibit "A". This deviation is shown in the
Canopy Setback Deviation Detail attached as Exhibit "B." This decision does not constitute
approval of the site plan.
ATTACHMENTS: Exhibit A—legal description
Exhibit B—Canopy Setback Deviation Detail
Exhibit C—Landscape Plan Detail
LEGAL DESCRIPTION: See Exhibit A.
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.
U
Date Mark Strain, Hearing Examiner
Approve.is to f•4 and legality:
Scott A. 'ton-
Assistant County Attorney
[14-CPS-01344/1163466/1130 Page 2 of 2
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OR BOOK
PAGE
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EXHIBIT "A"
DESCRIPTION OF COMMERCIAL PARCEL
Commencing at the Southeast corner of Section 12, (Northeast ,
corner of Section 13) , Township 51 South, Range 26 East,
Collier County, Florida; Thence along the East line of
Section 13, Township 51 South, Range 26 East, SO°19'37"W,
336.19 feet to the northerly right-of-way line of State Road
90 (US-41) ; Thence along said right-of-way line of State
Road 90 (US-41) N54°18'59"W, 2513.50 feet to the centerline
of a 60 foot easement for ingress and egress (Joseph Lane) ;
Thence along said centerline NO°37 '18"E, 509.77 feet; Thence
N89°22'42"W, 30.00 feet to the West line of a 60 foot
easement for ingress�and,..sgress.--(Joseph Lane) and the PLACE
OF BEGINNING: �. �
VA, 3 °17'41"W, 165.05
Thence N54°18'59, O feet; en
feet; Thence Nr°" , s3'2"W, 404.83 feet Tfe ce N88°58'49"W,
117.40 feet to t North-South line s 'd . Section 12;
Thence along the Ivrrthc th } line of sai Section 12,
SO°40'25"W, 81., 4 to fie nt> erly ight-of-way line
of State Road; 90 (US= 1 , Thence alon the northerly
right-of-wa 9,,er, -4 "` .: - ) 154°18'59"E,
809.41 feel t t r' -s ie d - _ �
6 at
ingress and eg I s- (J.-a eh an J ; -° n g t e West line
of a 60 fo h - ‘e . f• i •- : and a essJoseph Lane)
NO°37'18"E, met �-.:te:, =tee o iiri c .
Bearings arekv,7te ed on the norther right-ef sway line of
State Road 9 41) as being N54 59"W4, '/°
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Subject to ea�m , restrictions d eservations of
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LANDSCAPE PLAN ., pp gQ
PLANT LIST:
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Abbr. Quan. Common Nome Botanical Name Nat. Size/Spacing _ Qv
Re 2 Royal Palm Roystoneo elata Yes 4'wd,10' at. 20' oa ht 2`�' ///
Sp 6 Cabbage Palm Sabal palmetto Yes 10-16' ct, booted
Wb 8 Walter's Viburnam Viburman obovatum Yes 18-24", 3 gal. Vir
Td 28 Fakahatchee Grass Taxodium distitchem Yes 18-24", 3 gal,
Qv 5 Live Oak Quercus virginianna Yes 10'x5'x2" cal
Ce 2 Silver Buttonwood Conocorpus erecta Yes 4-5', 10 gal. EXHI : "C„
Cg 8 Green Buttonwood Conocorpus erecta Yes 4-5', 10 gal.
Ci 104 Cocopium Chrysrobalanus icoco Yes 24", 3 gal.36" oc dbl row
Bogs 100 eucalyptus mulch, 2-3" depth in all new planting areas.
All PLANT MATERIAL SHALL BE FLORIDA # I AS STATED IN FLA. DEPT. AG.
PLANTINGS ARE 100% NATIVE