HEX Final Decision 2016-24 HEX NO. 2016—24
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160000153 — Ultimate Express Car Wash, LLC requests an
insubstantial change to Ordinance No. 07-75, the Gaspar Station CPUD, to add a deviation
from Section 5.06.04 F.5 of the Land Development Code, which allows properties in
nonresidential districts to have one menu board sign per drive thru lane, not to exceed two
signs per parcel, to instead allow one menu board sign per drive thru lane, not to exceed
three signs per parcel, only for the parcel described as Tract FD-3, Gaspar Station Phase 2
plat. The subject property is located on the south side of Immokalee Road, approximately
one quarter mile west of Interstate 75, in Section 30 Township 48 South, Range 26 East,
Collier County, Florida, consisting of 17.7± acres.
DATE OF HEARING: July 14, 2016
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections
10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition
should be approved.
ANALYSIS:
Other than representatives of the applicant, there were no members of the public in attendance
for this item and no objections were received by staff.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160000153, filed by R.
Bruce Anderson, Esquire of Cheffy Passidomo, P.A. representing Ultimate Express Car Wash,
LLC, with respect to the property as described herein, for the following insubstantial change:
• to add a deviation from Section 5.06.04 F.5 of the Land Development Code, which
allows properties in nonresidential districts to have one menu board sign per drive thru
lane, not to exceed two signs per parcel, to instead allow one menu board sign per drive
thru lane, not to exceed three signs per parcel, only for the parcel described as Tract FD-
3, Gaspar Station Phase 2 plat.
Said change is fully described in the Gaspar Station CPUD amendment attached as Exhibit "A",
and is subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—CPUD Amendment
[16-CPS-01531/1269645/1]45 1 of2
LEGAL DESCRIPTION: Tract FD-3, Gaspar Station, Phase 2, according to the plat thereof
as recorded in Plat Book 57, pages 58-59, of the Public Records of Collier County, Florida.
CONDITIONS:
1. 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.
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 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.
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- ZO 2c5i Alf t
Date Mark,Strain, Hearing Examiner
Appr d as to fo and legality:
Scott A Stone
Assistant County Attorney
[16-CPS-01531/1269645/1]45 2 oft
The PUD Document attached as Exhibit A to Ordinance No. 07-75, the Gaspar Station CPUD, is
hereby amended as follows:
SECTION III
INTERCHANGE COMMERCIAL LAND USE DISTRICT
* * * * * *
3.6 DEVIATIONS
1. Deviation from LDC Section 5.06.04.F.5 which permits one menu board
sign per drive thru lane, not to exceed two signs per parcel, to instead allow
one menu board sign per drive thru lane, not to exceed three signs in total
only for the parcel of land described as Tract FD-3, Gaspar Station Phase 2,
as recorded in Plat Book 57, Pages 58-59, Public Records of Collier County,
Florida.
Exhibit A
Words underlined are added;
Words struck str-44€44-thfatigi4 are deleted.