HEX Final Decision #2025-06HEX NO. 2025-06
HEARING EXAMINER DECISION
DATE OF HEARING.
February 139 2025
PETITION.
Petition No. DR-PL20240003066 —Snappy Car Wash — 3300 Davis Boulevard -Request for
approval of a site plan with deviations pursuant to LDC Section 10.02.03.F for a deviation
from LDC Section 4.06.02.C.4 to reduce the required 10400t wide Type D buffer along Davis
Boulevard to 5 feet along a portion of the northern property line in the location shown on
the Site Plan with Deviations Exhibit for the development of the subject property consisting
A f0.85 acres and located at 3300 Davis Boulevard, Naples, FL 34112 in Section 12,
Township 50 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner requests approval of a site plan with deviations to reduce the required 10-foot-wide
Type D buffer along Davis Boulevard to 5 feet along a portion of the northern property line.
STAFF RECOMMENDATION.
Staff recommend denial of the petition.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County Code 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 public hearing was conducted in the following manner: 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 was one speaker in objection
at the hearing who appeared via Zoom, Ronald Fowie, the owner of Naples Car Wash. The
property is vacant and is located within the Collier County Bayshore Gateway Triangle
Community Redevelopment Agency (BGTCRA). At the hearing on February 6, 2025, the
BGTCRA voted unanimously to approve the site plan.
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5. The Countys Land Development Section 10.02.03.F.7 establishes the criteria for Site Plans
with Deviations.
ANALYSIS.
The petitioner is seeking one (1) deviation from the LDC requirements.
Proposed Deviation #1 seeks relief from the LDC Section 4.06.02. C.4, which requires a 10-foot-
wide Type "D" Buffer along Davis Blvd., to instead allow for a reduced buffer width of 5 feet
along a portion of the northern property line along Davis Blvd. in the location shown on the Site
Plan with Deviations Exhibit.
The r°ecor•d evidence and testimony .f°om the public hearing reflects that the Petitioner's
Justification is this deviation is required for the redevelopment of the site with a car wash and
includes revised access locations, one-tivay traffic on site, and a reduction in buffer width along
the nortl7 property) line only.
When or°iginally approved, the Subject Proper°ty previously complied with the requirement for
ROW buffers on both the north and westproper•ty boundaries. However, the property was impacted
when. Airport Rd. was widened in 2019-2020 which shifted the western property boundary to the
east. When Airport Rd was widened, the portion of the propero3 that incorporated the project's
ROW buffer on the western boundary ivas removed from the property. Although the previous
development met the requirementsfor Type D buffers on the north and west boundary lines lvhen
approved, after Airport Rd was widened, the project no longer met the requirement for a Type D
bz ffer on the west side of the property.
While the properh) boundary has changed, the proposed redevelopment incorpor°cites ROW buffers
in both areas with the requested deviation along a portion of the north boundary line. Additionally,
the proposed redevelopment incorporates improvements to the previous access locations,
providing safer ingress and site egress. Plantings in the Buffer Compensation Area will include
satin leaf trees and shrubs, including American Beautyber•ry and Fakahatchee Grass. Additional
enhancements to the northern buffer have also been included; all north buffer shrubs have been
increased by one foot in height, except for• those shrubs behveen the crosswalk and the entry
driveway. These shrubs have been revised by enhancement of a larger container size and by
functionality providing a compact form that hill allow for better visibility of pedestrian and
vehicular interactions. Also, five of six required north bz ffer tr ees have been sized up by a
minimum of hvo feet in height and one-half inch in caliper for enhancement.
The attached Site Plan demonstrates 10 foot Type "D" buffers on the northern and 1-vester•n
propert�� boundaries, lvhere the Pr•opert�� abuts the rights of way for Davis Blvd and Airpor°t Rd
The impacted buffer area is limited to a 348 square foot area along Davis Blvd., and a 408 square -
foot buffer compensation area is provided in the northwest corner of the proper• y, immediately
adjacent to the ROW bier. The compensation area results in a more heavily landscaped
intersection corner and entry into the Gateway Triangle Zoning Overlay (GTZO). The
compensation area exceeds the impacted area, the deviation meets the intent of the code, and the
deviation facilitates other improvements to access location and circulation at a significant
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intersection. Therefore, the approval of this request ivill not negatively impact public health,
safely, or welfare.
Section 10.02.03.F.7 Criteria
The County's LDC Sections 10.02.03.F.71ists the ten (10) criteria for a Site Plan with Deviations.
The Hearing Examiner may approve, approve with conditions, or deny the request upon review
and evaluation of the criteria in the Collier County Land Development Code. I
1. Land uses and densities within the development shall be consistent with the permitted and
approved conditional uses in the zoning district.
The recor°d evidence and testimony fi°om the public hearing reflects that the Property is zoned C-
4-GTZO-MXD. The LDC section 2.03.03.D.1.a.29 identifies car washes (SIC code 7542) as a
permitted use in. the C4 zoning district, `provided that carwashes abutting residential zoning
districts shall be subject to section 5.05.11 of this Code." The Property does not abut any
residential zoning districts. The Petitioner's Site Development Plan (SDP) application also
demonstrates compliance with those site development standards in LDC Section 4.02.16 as
required by LDC Section 2.03.07. N. 3. b.
2. The proposed development is consistent with the Growth Management Plan (GMP).
The record evidence and testimony ji°om the public hearing reflects that the request facilitates the
redevelopment of a site vt4thin the urban area in Collier County. Reusing the site for a neW use
reduces the demand to locate new development in previously undeveloped areas or within the
County's agricultural/rural designated areas, thereby supporting this policy. The request
facilitates the redevelopment of the site With a use that is permitted use in the C4 zoning district.
The applicant has provided evidence explaining that the petition is consistent with the GMP and
Future Land Use Element (FLUE) Policies 5.5, 5.6, 5.7, and 7.1, as well cis the Conservation and
Coastal Management Element (CCME) Objectives 6.1 and 7.1.
3. The development shall have a beneficial effect both upon the area in which it is proposed
to be established and upon the unincorporated area as a whole.
The record evidence and testimony fi°om the public hearing reflects that the site's redevelopment
benefits the immediate sza rozrnding ar eci by r edevelopr'ng the site to more productive use, revising
access points for improved circulation, and complying with updated site development standards.
As shown on the Site Plan with Deviations, the buffer compensation area consolidates additional
plantings at the intersection of Davis Blvd and Airport Rd. The ingress location will be limited to
Davis Blvd, the egress location will be limited to Airport Blvd., and each location will be shifted
as jar from the intersection as the site allows. The combination of enhanced landscaping and
improved access and circulation at the southeast quadrant of this prominent intersection provides
an improved entrance into the GTZO. The request benefits the unincorporated area by locating
netiv development within the existing urban area and updating a site that has been used for many
1 The Hearing Examiner's findings are italicized.
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years with minimal site improvements. The site's redevelopment efficiently uses a small parcel
ivithin the County's urban area.
4. The total land area within the development and the area devoted to each functional portion
of the development shall be adequate to serve its intended purpose.
The record evidence and testimony jiom the public hearing reflects that the request ensures that
adequate area is available to provide for the onsite circulation of vehicles. The deviation ensures
that the site balances pedestrian access, vehicle use areas, and buffer requirements. The request
complies with all site development standards in the LDC, except where a deviation is requested.
The approval of the request hill support the site in serving as a car wash.
5. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features,
vehicular parking and loading facilities, sight distances, landscaping and buffers shall be
appropriate for the particular use involved.
The record evidence and testimony from the public hearing reflects that the request complies with
all LDC requirements for Site Development Plans, except There the deviation is requested.. The
deviation will be offset through an additional buffer area in other locations along the northivest
property boundary, and the equivalent number of plantings will be located within the buffer area.
Additional landscape enhancements to the northern buffer have also been included; all north
buffer shrubs have been increased by one foot in height, except for those shrubs beh>>een the
crosswalk and the entry driveway. The deviation is primarily based on reducing the width of the
northern landscape buffer, i-vhich ivill allow a larger building to be constructed
6. Visual character of the project shall be equal or better in quality than that required by the
development standards for the zoning district. The visual character of the project shall be better in
quality than the existing project before redevelopment and after it was first permitted.
The record evidence and testimony from the public hearing reflects that the redevelopment of the
Property iiwt require that the site is developed in compliance with more recently updated
arrchitectural and site development standards. The visual character of the project will improve
through updated structures and architectural standards. As shoivn on the Site Plan With
Deviations, the buffer compensation area consolidates additional plantings at the intersection of
Davis Blvd.. and Airport Rd as an alternative for the buffering and landscape requirements.
Additional landscape enhancements to the northern buffer have also been included, such as all
north bi ffer shrubs have been increased by one foot in height, except for° those shrzrbs bets -peen the
crosswalk and the entry driveway. These shrubs have been revised by enhancement of a larger
container size and by functionality providing a compact form that ivill alloiv for° better visibility) of
pedestrian and vehicular interactions. Also, five of six required north buffer trees have been sized
up by a minimum of hvo feet in height and one -ha f inch in caliper for enhancement The existing
use of the Property is vacant land with a chain4ink fence around it, so the visual characteristics
will be increased with a new project and use.
7. Areas proposed for common ownership shall be subject to a reliable and continuing
maintenance guarantee.
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The record evidence and testimony from the public hearing reflects that the Property is under one
single ownership by RK Davis Real Estate Holdings, LLC.
8. Deviations shall be clearly delineated in the petition and shall be the minimum required to
achieve the goals of the project and comply with these standards.
The record evidence and testimony from the public hearing reflects that the requested deviations
is limited to addressing impacts to the northern buffer by on -site circulation ivithin the vehicle use
areas.
9. The petitioner has provided enhancements to the development.
The record evidence and testimony from the public hearing reflects that the �°equested deviations
and justifications outline the enhancements provided on -site. The decreased buffer area (348
square feet) is offset by a buffer compensation area (408 square feet), resulting in buffer areas
greater than that required by a Type D buffer. Impacts to planting locations related to the vehicle
use area are offset by ornamental grasses vvithin the proposed buffer compensation area identified
in the attached Site Plan. The proposed site plan also revises access locations and improves
vehicular circulation at this intersection.
Additional enhancements to the nortJ�er•n bufffer have also been included; all north buffer shrubs
have been increased by one foot in height, except for those shrubs behveen the crosswalk and the
entry driveway. These shrubs have been revised by enhancement of a larger container size and by
functionality providing a compact form that ii)ill allow for better visibility of pedestrian and
vehicular interactions. Also, five of six required north buffer trees have been sized up by a
minimum of hVO feet in height and one-half inch in caliper for enhancement.
10. Approval of the deviation will not have an adverse effect on adjacent properties.
The record evidence and testimony°om the purblic hearing reflects that the pr°oposed use is
permitted in the underlying zoning district. The requested deviation is limited to the north property
line. The deviation request and justifications above ident f � enhancements provided to address
potential impacts to adjacent properties. Access location revisions hill improve circulation at the
intersection. The request does not increase development intensity on the proper iy beyond what is
allolved in the C-4 zoning district. Adjacent properties on all sides are also within the C-4 zoning
district and include the Home Depot shopping center, CVS, and car dealerships. Except i-vhere the
buffer ividth deviation is requested, the properi�v ivill be buffered from surrounding properties
consistent ivith current LDC requirements. Given that the eastern buffer had been impacted by the
expansion of Air port Rd, this deviation attempts to improve the compatibility with properties to
the west. The adjacent properties i/vill not be adversely impacted.
Conclusion
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
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is enough competent, substantial evidence as applied to the criteria set forth in Section
10.02.03.F.7. of the LDC to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Peon No. DR-PL20240003066, filed by Jem
Frantz, AICP of RVi Planning and Landscape Architecture, representing the applicant RK Davis
Real Estate Holdings, LLC, and described as the ±0.85 acres located at 3300 Davis Boulevard,
Naples, FL 34112, at the southeast corner of the intersection of Airport Road and Davis Boulevard
in Section 12, Township 50 South, Range 25 East, Collier County, Florida, for the following:
• An application for approval of a site plan with deviations pursuant to Land Development Code
(LDC) Section 10.02.03.F for a deviation from LDC Section 4.06.02.C.4 to reduce the required
10400t-wide Type D buffer along Davis Boulevard to 5 feet along a portion of the northern
property line in the location shown on the Site Plan with Deviations Exhibit for the
development of the subject property.
Said changes are fi�ily described in the Site Plan
subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A —Site Plan With Deviations
LEGAL DESCRIPTION.
With Deviations attached as Exhibit "A", and are
The subject property is �0.85 acres and located at 3300 Davis Boulevard, Naples, FL 34112, at the
southeast corner of the intersection of Airport Road and Davis Boulevard in Section 125 Township
50 South, Range 25 East, Collier County, Florida.
CONDITIONS.
• All other applicable state or federal permits must be obtained before commencement of the
development.
• Petitioner must maintain all landscaping for maximum attractiveness in accordance with
the application.
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.
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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.
March 11, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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