HEX Final Decision 2017-01 HEX NO. 2017—01
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160000997 —Johnson Development Association, Inc. requests an
insubstantial change to Ordinance No. 99-91, as amended, the Sierra Meadows PUD, to
amend Section IV, the Commercial District, by adding a deviation from LDC Section
5.05.08 D.2.a, to allow overhead doors on the east and south primary facades of a self-
storage building, only for the property described in Exhibit D, located on the southwest
corner of Rattlesnake Hammock Road and Coyote Drive, approximately 500 feet west of
Collier Boulevard, in Section 22, Township 50 South, Range 26 east, Collier County,
Florida, consisting of 2.07± acres.
DATE OF HEARING: January 12, 2017
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 the applicant, no members of the public attended this meeting and no objections have
been received for this application.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160000997, filed by Kristina
M. Johnson, P.E., of J.R. Evans Engineering, P.A., representing Johnson Development
Association, Inc., with respect to the property as described in the Sierra Meadows PUD,
Ordinance No. 99-91, as amended, for an insubstantial change to allow overhead doors on the
east and south primary facades of a self-storage building. Said change is fully described in the
Sierra Meadows PUD amendment attached as Exhibit "1", and are subject to the condition(s) set
forth below.
ATTACHMENTS: Exhibit 1 —PUD Amendment
LEGAL DESCRIPTION: See Page 5 of the attached Exhibit 1.
[16-CPS-01574/1313181/1]34 1 oft
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. The east elevation will have a maximum of 4 overhead doors and the south elevation will
have a maximum of fifteen overhead doors.
3. A type "B"buffer is required along the south and east elevations.
4. The south façade shall provide a minimum of three tower elements and the east façade
shall provide a minimum of two tower elements.
5. Tenants using the overhead door self-storage units are not allowed to make repairs, use
tools, or occupy the unit for anything other than the dropping off or picking up of their items.
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.
Date M Strain, Hearing Examiner
A�•roved as t form and legality:
Scott A. Ston
Assistant County Attorney
[16-CPS-01574/1313181/1]34 2 oft
Exhibit "1" to HEX No. 2017-01
Page 1 of 5
AMENDMENT TO ORDINANCE 99-91, AS AMENDED, THE SIERRA MEADOWS PUD
The Table of Contents/List of Exhibits, of the PUD Document attached to Ordinance 99-91, as
amended, the Sierra Meadows PUD, is hereby amended as follows:
LIST OF EXHIBITS
EXHIBIT"A" PUD Ordinance
EXHIBIT"B" Master Concept Plan
EXHIBIT"C" Parcel 4 Legal Description and Sketch
EXHIBIT "D" Parcel 2 Legal Description and Sketch
Exhibit "1" to HEX No. 2017-01
Page 2 of 5
Section 4.6, Deviations from the LDC, of the PUD Document attached to Ordinance 99-91, as
amended, the Sierra Meadows PUD, is hereby amended as follows:
SECTION IV
COMMERCIAL DISTRICT
4.6 DEVIATIONS FROM LDC
A. The following deviations from the Land Development Code are applicable to the property
described in Exhibit "C" of the PUD.
***
Deviation# 8: From LDC Section 5.06.04 F.4.e, which limits non-residential, non-illuminated
non-reflective signs located in a window to cover no more than 25-percent of the window area,
to instead allow a non-illuminated, non-reflective window cling sign to cover 46-percent of the
window area on the east façade.
B. The following deviations from the Land Development Code are applicable to the property
described in Exhibit"D" of the PUD.
Deviation # 1: From LDC Section 5.05.08.D.2.a. which states that overhead doors cannot be
located on the primary façade of self-storage buildings to instead allow overhead doors on the east
and south facades, which are primary facades that face Coyote Drive and Sierra Meadows
Boulevard respectively.
Exhibit "1" to HEX No. 2017-01
Page 3of5
Exhibit D, Parcel 2 Legal Description, attached hereto and incorporated herein, is hereby added
to the PUD Document attached to Ordinance 99-91, as amended, the Sierra Meadows PUD.
EXHIBIT D
PARCEL 2- SKETCH AND LEGAL DESCRIPTION
Exhibit "1" to HEX No. 2017-01
Page 4 of 5
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Exhibit"1" to HEX No. 2017-01
Page 5 of 5
PROPERTY DESCRIPTION
A portion of Lot 1 and All of Lot 2, Sierra Meadows according to the Plat thereof recorded in
Plat Book 39, pages 11 through 13 of the public records of Collier County, Florida.
More particularly described as follows:
Beginning at the northeast corner of said lot 2; Thence S 88'03'44" W a distance of 344.00
feet; Thence S 01'56'16" E a distance of 263.00 feet; Thence N 88'03'44" E a distance of
308.00 feet to the beginning of a tangential circular curve to the left with an arc length of
56.55 feet, a delta angle of 90'00'00" with a radius of 36.00 feet, with a chord bearing of N
43'03'44" E, with a chord length of 50.91 feet to the end of said curve; Thence N 01'56'16" W
a distance of 227.00 feet to the Point of Beginning.
Parcel contains 2.07 acres +\—
KRIS A. SLOSSER, STATE OF FLORIDA, (L.S. #5560)
SEE ATTACHED SKETCH
NOT A SURVEY PAGE 2 OF 2
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SIERRA MEADOWS
toPROPERTY DESCRIPTION KRIS A SLOSSER P.S.M.
4642 VILLA CAPRI LN. BONITA SPRINGS
A PARCEL OF LAND LOCATED IN
D vDi SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST FLORIDA 34134 (239) 947-1915
COLLIER COUNTY, FLORIDA
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