HEX Final Decision 2021-56 HEX NO. 2021-56
HEARING EXAMINER DECISION
DATE OF HEARING.
INSTR 6166433 OR 6048 PG 2881
October 28,2021 RECORDED 12/1/2021 2 18 PM PAGES 13
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
PETITION. REC$112.00
PETITION NO. PDI - PL20200002125 Germain Toyota - Request for insubstantial change
to the Germain Toyota Commercial Planned Unit Development(CPUD),Ordinance Number
08-60, to add a deviation from LDC Section 5.06.04.F.4 to increase the number of on-
premises signs from one sign to two signs,with the additional sign not exceeding 150 square
feet. The subject property is approximately 13.1 acres located at 13327 and 13315 Tamiami
Trail North, approximately 1,000 feet south of Wiggins Pass Road, in Section 16, Township
48 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The insubstantial change request is to allow a sign to be placed on the Toyota used car sales
building, which historically had a non-conforming sign. The applicant removed the used car
signage due to the age and condition.
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. Two NIMs were held for this petition. The first was held on was held on June 14, 2021,at 5:30
p.m. at the Germain Toyota used car sales building. One member of the public attended, and
after the applicant's description of the proposed sign, discussion extended for approximately
Page 1 of 6
one hour about the characteristics of the proposed sign, illumination and hours of illumination,
and operations of the dealership related to unloading of vehicles. Due to technical difficulties,
the audio / video recording function failed for this meeting. Because the recording failed, a
second NIM was required. The second NIM was held on August 10, 2021, at 5:30 in the
Germain Toyota new car sales building. No members of the public appeared for the meeting.
6. Public notice was provided about the October 28, 2021 Hearing Examiner Hearing by posting
of a Public Hearing Notice sign on the property, mailing of notices to owners within 500 feet
of the subject site, and publication of a newspaper advertisement at least 15 days prior to the
hearing.
7. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing.
8. The County's Land Development Code Sections 10.02.13.E.1 and 10.02.13.E.2 lists the
criteria for an insubstantial change to an approved PUD Ordinance. The Hearing Examiner
having the authority of the Planning Commission may approve a request for an insubstantial
change to an approved PUD ordinance upon review and evaluation of the criteria in the Collier
County Land Development Code.'
Section 10.02.13.E.1 Criteria:
1. Is there a proposed change in the boundary of the Planned Unit Development(PUD)?
The record evidence and testimony from the public hearing reflects that there is no
proposed change in the boundary of the PUD.
2. Is there a proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development?
The record evidence and testimony from the public hearing reflects that there is no
proposed increase in the number of dwelling units or intensity of land use, or height of
buildings within the development.
3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas
within the development in excess of five (5%) percent of the total acreage previously
designated as such, or five (5) acres in area?
The record evidence and testimony from the public hearing reflects that there is no
proposed decrease in preservation, conservation, recreation, or open space areas within
the development as designated on the approved Master Plan.
'The Hearing Examiner's findings are italicized.
Page 2 of 6
4. Is there a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial,and industrial land uses(excluding preservation,conservation or
open space), or a proposed relocation of nonresidential land uses?
The record evidence and testimony from the public hearing reflects that there would be no
increase to the size of areas used for non-residential uses and no relocation of non-
residential areas.
5. Is there a substantial increase in the impacts of the development which may include, but
are not limited to increases in traffic generation; changes in traffic circulation; or impacts
on other public facilities?
The record evidence and testimony from the public hearing reflects that there are no
substantial impacts resulting from this change. The sign is proposed to serve land uses
that have already been evaluated for traffic generation and impacts to public facilities. The
sign is does not change traffic circulation and does not create impacts on other public
facilities.
6. Will the change result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation
Engineers?
The record evidence and testimony from the public hearing reflects that the proposed
change will not result in land use activities which were not accounted for when the
principal and accessory uses were originally approved.
7. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
The record evidence and testimony from the public hearing reflects that the proposed
change will not impact or increase stormwater retention or increase stormwater discharge.
8. Will the proposed change bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use?
The record evidence and testimony from the public hearing reflects that the proposed
signage will face the Tamiami Trail North frontage. The project will continue to provide
the required buffers and preserve as mandated by the Germain Toyota CPUD. There will
be no incompatible relationships with abutting land uses.
9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a
PUD ordinance which is inconsistent with the Future Land Use Element or other elements
of the Growth Management Plan or which modification would increase the density of
intensity of the permitted land uses?
Page 3 of 6
The record evidence and testimony from the public hearing reflects that this petition is
consistent with the GMP and does not propose any increase in density or intensity of the
permitted land uses.
10. The proposed change is to a PUD District designated as a Development of Regional Impact
(DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change
requires a determination and public hearing by Collier County pursuant to Sec.380.06(19),
F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2.,F.S., and any changes to
a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed
and approved by Collier County under Section 10.02.13 of the LDC.
The record evidence and testimony from the public hearing reflects that the Germain
CPUD is not an existing DRI.
11. Are there any modifications to the PUD Master Plan or PUD document or amendment to a
PUD ordinance which impact(s)any consideration deemed to be a substantial modification
as described under Section(s) 10.02.13 E.?
The record evidence and testimony from the public hearing reflects that based upon the
analysis provide above, the proposed change is not deemed to be substantial.
Section 10.02.13.E.2 Criteria:
1. Does this petition change the analysis of the findings and criteria used for the original
application?
The record evidence and testimony from the public hearing reflects that the proposed
changes do not affect the analysis and findings of the most recent PUD zoning action
approved by Ordinance No. 08-60, which designated the property as Germain Toyota
CPUD.An excerpt from the staff report prepared for that petition is attached as Attachment
D that contains the PUD& Rezoning Findings of Fact for PUDZA-2007-AR-11914.
Deviation:
Deviation 1:
Deviation 1 seeks relief from LDC Section 5.06.04.F.4. which allows for one wall, mansard,
canopy or awning sign for each single occupancy parcel or for each unit in a multiple-occupancy
parcel to allow a second sign that will not exceed 150 square feet.
The replacement of the previously displayed non-conforming wall sign is necessary to distinguish
the two Toyota buildings (new sales versus used sales) and assist with guiding customers to the
used sales building.
The record evidence and testimony from the public hearing reflects that the signage previously on
the used car sales building was removed due to age/condition. While proliferation of signage is
Page 4 of 6
discouraged, the replacement of the signage that was previously in place with updated materials
will enhance safety and will restore the distinguishment between two buildings as they have
historically been distinguished. The request is limited in scope to allow one additional sign for
Toyota; the proposed second sign shall meet all other standards that apply to signs including
dimensional and placement requirements and maximum square footage of 150 square feet. The
granting of the deviation is not detrimental to the health, safety and welfare of the community per
LDC section 10.02.13.A.3, and the request is justified as meeting public purposes to a degree at
least equivalent to literal application of such regulations per LDC section 10.02.13.B.5.h
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 Sections
10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL20200002125, filed by Ross
McArthur representing Tiara Real Estate Company, LLC, with respect to the property in the
Germain Toyota Commercial Planned Unit Development (CPUD), Ordinance Number 08-60, as
amended, and described as the property consisting of approximately+ 13.1 acres located at 13327
and 13315 Tamiami Trail North,approximately 1,000 feet south of Wiggins Pass Road, in Section
16, Township 48 South,Range 25 East, Collier County, Florida, for the following:
• An insubstantial change to the Germain Toyota Commercial Planned Unit Development
(CPUD), Ordinance Number 08-60, to add a deviation from LDC Section 5.06.04.F.4 to
increase the number of on-premises signs from one sign to two signs, with the additional
sign not exceeding 150 square feet.
Said changes are fully described in the Site Plan and Deviation attached as Exhibit "A" and are
subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A—Site Plan and Deviation
LEGAL DESCRIPTION.
See Ordinance No. 08-60, as amended, and described as approximately + 13.1 acres located at
13327 and 13315 Tamiami Trail North, approximately 1,000 feet south of Wiggins Pass Road, in
Section 16, Township 48 South, Range 25 East, Collier County, Florida
Page 5 of 6
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.
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"
EXHIBIT H
LIST OF REQUESTED DEVIATIONS FROM THE LDC
GERMAIN TOYOTA CPUD
Deviation #1 seeks relief from LDC Section 5.06.04.F.4, On-Premises Signs, which allows for one
wall, mansard, canopy or awning sign to be permitted for each single-occupancy parcel, or for
each unit in a multiple-occupancy parcel, to allow a second sign for the Toyota dealership to be
located on the Toyota used car building, with the additional sign not exceeding 150 square feet.
UM IN POI Of M TN UM Or 0000 .Dll uP IDOl 0►LEfl wins
M [DOl OP 000n
t i T Y TA USED VEIU.CLES� 1
Itill11:4'.A.,
I-NA ' . :41.11... ,-.•
la
t
Underlined Text is Added 19 Germain Toyota CPUD—PL20200002125
Last Revised: October 7,2021
EXHIBIT "A"
N d � f .2 a 2 F 4, d s d
t
a pe d I '1'
� 111111
� i �4 iw asi�t a ill • '''
1
' I - , ,
z x } 4
li, ii
fI.
Ii
CO
i
.n III _ is
J o t� 0
M
-- p
L
CIA r" 9
w •=
-
•
N W w_ M
o ' . • IJI
tail111"191k ,
II r. s?,
-i,„„ ,,,, 1 �� Ii!
. . .• __.
. .,
...__ .
, ,
-- 4 '
... .,_ - . ‘
, ,
,._ kki; .., ...:. .
-_ 1 �` 4 ,.i.
. -'„.N'.......t'* . ..'..
..... :4'... A,
_ .-..._
'�1 -'lam^! -� ,r. __ - ` 1 3
= A !t om+ r ..• \•� 4.
) if g':
c' ,-
*- _ ' - 4 Ira
r
i ' :r '` if a
0
COim
e I'. U' v
p l DA n
an
'a . .1 M '
CL o a _
0 to
y N •4 w d a
0
co M p b.. E s - I
A I11120 a'a ` 1=yy gglen € # F 1iflI!iiIjIIjiii
i . L
rj
I
e
11
11
y „ .f 1,
WI - ,,�- , ti
J W i
v it
Ir A ti
= a
4 ' W ", s or.
1 5 ° {a°
p 11
o
IF11,9r I a
W .- € Nfvr
O U n20cy3 ; 0 ..0 liJt
v 38 tid
v g ELDc.F a
y C 2 e = a i
<r a . to E $ W ih
o`b N E WW „
isl
9C d ;;, ,"1 !if
b WIAA r I,-
li
C I I y F1i• { 1 n
E aw4. ti !r Ait
.. o U E H
y a ry
C o)si c -W O i , et
F.'
m K i § el '
mg
Q po W �Q, '
►-a 8 ITI` •
P§ 1 ft
;;',', >• t( I t 'F
b'- 0 P 1 itk
R0 Eo $
m
� n v€
m So �
hi III
e NB a.
C $`�2 j�C V t 'I' O
C CCCSSS
Eg
I— SC� tel 7
m
Cr) 0 be
401.c
c
�
3
da
03
ct
m Y
H
g s i 2 ii' C
v 3 a a s nspy�sf{ 3 1`e}
m u n 7, u !r m c m - t a- S 8 i e" 5 3 E y .tl
y c gg y 2g qY y$1 g[ C
._ g W Y s ] - Y 3E V fi 9 I i M :7 O Q jq �j F l I— 1z26.
oilo is ii1 . 1! tiff € ig ■ 1 3 ''lilt 114p11gf111
u .1: '1da Jal
i Ili IF i ., irmy r
\-e..
" € : r, iL4:, ;.mot lei)/
,.� � ,' ii
E . \I- 414,,Siiiii ' 6%st .., I 1
d — up- i ! 1;_
fa
II I Or
iluil
A 6 .....71:t.r. ....._ . • .
,• , ,„, 4.4,111ii 11.10111 `,
grP*- i•IL .0 - f:tfiel\ l'"' ''A'V
c a
11,3 _ -Art r1 ^� r� ,f4 4'to... ..i.. a , , err �% 9
1 °c' a
114
rrial .•
ID c .,_ .44, ttc, -.-iR cn'-- . '
0. op 4 asi, c ea ,-.' A .. V.:w 77, I
f 0 63 .3 .,M} a �c a �' ill
0 12
• I fP
I F... P Ii
Wild! Of 10r CL iNi > IL tt, , , &a'iti:E" ' 1---1 .
t.
., C V' I. � -., I ,- •' et
tiC
r 1
Ivori , . i , , 4, , a
lip �3 � s.. ry2ftaktr, �t�R,
of i y I �� i1 r.VI � 1 A i
:SraiiiiP ilh 511 -
•
--4 "11 — al ' - . ‘ . . 2 . -. - ..„a
.11
0.
•
Q. l7'0
o *.
ill,c
v F m /1 ;'d t k` nk1 RI 3
CO0
I .b s 4f� t
t; N f ^ 1 a 1 1 F u cg 18 .s v IPI
@ : !iiIii !;iIIli
.IE E3 u, j� ,. JI
I
iir t g til
`. y
,, t !ik i
� '' '` <' �0- yr 1 a
li
P.
I
E
1 {
f
1111 :k\ , I. 1 1 1
. pp i
iiii
i Its
,;i,,� i lit III .
. 1 ) , (iir
A. ,
i 9 ,�•; IFS . n
i 0 i 1 ' ' '
rill ' - . , m. \
il17. 44,1,04 ° I ilk .''
�1 ti % . 1
v u y F
4 '04: , 1 i . r _
la
LEI
k ii
w: ; ea l �t
4IL4I
I ,. 1.
•
ill sl: 1 H
,i
:, : ,, 1 0
z
N g rF f ,R T ii
Ii!' '
T �- Z J V a� i1iI!i
ery g wY a 1111111
er
V m
N
tit i
il
#I
I
is
II
Fi --ljb----1 • li
..
Itr a
I14
ill
:•
lim
II A et
9 tit
L1Jii 9
D
co�, - a• �I
- w =
i 1 _.
qi
01 1.
a
a
_ I Z
n, L
h iTt:i
II
t- - d u i l
•
O• ea
a t m as
0oill
l!ii■nnu�