HEX Final Decision #2025-37HEX NO. 2025-37
HEARING EXAMINER DECISION
DATE OF HEARING.
September 11, 2025
PETITION.
Petition No. DR- PL20240009817 — Calida Ventures, LLC — 2934 Tamiami Trail East -
Request for approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and
seeks three deviations. (1) from LDC Section 4.02.16.A.l.a.ii to instead allow for a maximum
front setback of 53' along US 41/Tamiami Trail East; (2) from LDC Section 4.02.16.A.l.a.11
to instead allow for a maximum Front setback of 70.1' along Bayshore Drive; (3) from LDC
Section 4.06.02.C.4 to instead allow for a gradual reduction in width of a portion of the
perimeter landscape buffer from 20' to 18.9' as shown on the Site Plan with Deviations,
consisting of t1.92 acres and located at 2934 Tamiami Trail East, in Section 11, Township
50 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner requests approval for a Site Plan with Deviations for Redevelopment (DR) for a
reconstruction project for a proposed Huey Magoos restaurant. To better facilitate this
reconstruction project, the petitioner requests approval of a site plan with deviations pursuant to
LDC Section 10.02.03.F and seeks three total deviations, including two deviations from LDC
Section 4.02.16.A. La.ii, to allow for a maximum front setback of 53' along US 41/Tamiami Trail
East and allowing for a maximum side setback of 70.1' along Bayshore Drive; one deviation from
LDC Section 4.06.02.C.4, to allow for a gradual reduction in width of a portion of the perimeter
landscape buffer from 20' to 18.9' with enhanced buffer material consisting of: 4 Pygmy Date
Palm trees (Triple plantings with an average height between 5 to 6 feet) as shown on the Site Plan
with Deviations for the redevelopment of the existing vacant convenience store/gas station into a
restaurant consisting of 1.921 acres.
STAFF RECOMMENDATION.
Staff recommends approval 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.
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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 were no public speakers at
the hearing.
5. The County's Land Development Code (LDC) Section 10.02.03.F.7 establishes the criteria for
Site Plans with Deviations. The petitioner is seeking three deviations from the LDC
requirements. The deviations are listed below with staff analysis and recommendations.
Proposed Deviation #1: (Front setback —Northern property line to restaurant)
The recor°d evidence and testimony f°om the public hearing r°eflects that Deviation 1 seeks relief
from LDC 04.02.16.A.I.a.ii. Table 1, which requires a "minimum Front Setback of 5 feet and a
maximum Front setback of 20 feet ", to instead alloiv for a maximum front setback of 53 'along US
41/Tamiami Trail East.
Petitioner's Justification: Per the bourndar y crud topographic sur°vey ther°e is an 53 feet front yard
setback between the northeast corner of the building and the property line along US-41 / Tamiami
Trail. Per record information the property was constructed under SDP Permit Number 99-014
(Voight's Texaco II) which was approved in May 1999. Sheet 2 of 5 of the aforementioned plan
set denotes at the Front yard setback the time of approval as 50', which is 30' more than today's
LDC code section 04. 02016.A.1. a. ii. Table 1. We are proposing to maintain the existing setback of
53 feet. This would allow the project to provide a drive -through lane in line with Huey Magoo's
standards while maintaining existing vehicular circulation on the property. Additionally, by
maintaining the current setback, the site can provide a drive aisle around the building to meet the
stacking requirements. Please note that the existing building is currently being remodeled
Staff Analysis and Recommendation: CountJ� staff sees no detrimental effect if this deviation
request is approved. Ther efor e, Zoning crud Development Review staff recommends APPROVAL
of this deviation as the applicant seeps to retain existing site conditions that were approved in
1999.
Proposed Deviation #2: (Front setback —Western property line to restaurant)
The record evidence and testimony from the public hearing reflects that Deviation 2 seeks relief
from LDC 04.02.16.A.l.a.ii. Table 1, �-vhich requrir•es a "minimum Front Setback of 5 feet and a
maximum Front setback of 20 feet to instead allow for a maximum font setback of 70.1 ' along
13ayshore Drive.
Petitioner's Justification: Per• the boundary and topographic survey there is an 70.1 feetfront yard
setback bet►veen t1�e northl-vest corner of the building and the pr•opertJ� line along Bayshore Drive
Per record information the property was constructed under SDP Permit Number 99-014 (Voight's
Texaco II) which was approved in May 1999. Sheet 2 of 5 of the aforementioned plan set denotes
Page 2 of 7
at the Front yard setback the time of approval as 50. 0, tiNiich is 30 more than today's LDC code
section 04.02.16.A.1. a. ii. Table 1. We are proposing to maintain the existing setback of 71 feet.
This would allow the project to provide a drive -through lane in line with Huey Magoo's standards
lvhile maintaining existing vehicular circulation on the property. Additionally, by maintaining the
current setback, the site can provide a drive aisle around the building to meet the stacking
requirements. Please note that the existing building is currently being remodeled
Staff Analysis and Recommendation: Cournty staff sees rro detr•imentcrl effect if this deviation
request is approved. Therefore, Zoning and Development Review staff recommends APPROVAL
of this deviation as the applicant seeks to retain existing site conditions that were approved in
1999.
Proposed Deviation #3: (Perimeter landscape buffer —Northern property line)
The record evidence and testimony from t1�e public hearing reflects that Deviation 3 seeks relief
f•om LDC 04.06.02.C.4., which requires a "developments within an activity center shall provide
a perimeter landscape buffer of at least 20 feet in width regardless of the right -of lvay width" to
instead allow for a gradual reduction in lvidth of a portion of the perimeter landscape buffer from
20' to 18.9' with enhanced buffer material consisting of 4 Pygmy Date Palm trees (Triple
plantings with an average height behveen 5 to 6 feet) in the existing space available as shoe-vn on
the Site Plan with Deviations.
Petitioner's Justifr.cation: Per the boundary and topographic survey, there is a portion of the
landscape buffer along US41 / Tamiami Trail where the buffer width decreases from 20 feet wide
down to 18.9 feet tivide. Per the record information the propert) was constructed under SDP Permit
Number 99-014 (Voight's Texaco II) which was approved in May 1999. Based on the existing
aerials provided by google earth and building permits approved after the SDP the landscape buffer
along US41 has never provided the required width by the LDC. We are proposing to significantly
improve the existing landscape buffer along US41 / Tarniami Trail. Although the buffer width
decreases by 1.1 ' along a portion of US41/Tarniami Trail, the enhanced bu ffer consists of the
required buffer material plus 4 Pygmy Date Palm trees (Triple plantings tivith an average height
of 5 to 6 feet ). The limited depth of the property required relieffr°om the current Land Development
Code to redevelop the site to provide the corporate standards of Huey Magoo 's while maintaining
on -site vehicular circulation. This hill create a more aesthetically pleasing development for the
surrounding area.
Staff Analysis and Recommendation: Cour7�y staff sees no detrimental effect if this deviation
request is approved Landscaping and Zoning staff have evaluated the proposed deviation to t1�e
site plan and found no issue with consistency. Therefore, Zoning and Development Review staff
recommends APPROVAL of this deviation as the applicant seeks to retain existing site conditions
that were approved in 1999.
Criteria LDC Section 10.02.03.F.7
a. Land uses and densities within the development shall be consistent with the permitted and
approved conditional uses in the zoning district.
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County staff has described the existing land use patter n. in the "Surrounding Land Use and
Zoning" portion of this report. The proposed deviations will not change the permitted land
uses and densities within the development.
b. The proposed development is consistent with the Growth Management an.
Cozrnty staff is of the opinion that the project, as proposed, will remain consistent tivitlz
GMP FLUE Policy 5.4, requiring the project to be compatible with neighborhood
development. Staff recommends that this petition be deemed consistent with the FLUE of
the GMP. The petition can also be deemed consistent ivith the CCME and the
Transportation Element. Therefore, staff recommends that this petition be deemed
consistent with the GMP, because uses are not changing with this amendment.
c. 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 proposed deviations ra�ill not change the permitted land uses and densities within the
development. Staff is of the opinion that the proposed improvements will have a beneficial
effect on the surrounding neighborhood and unincorporated Collier County for this
currently developed property.
d. 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 proposed deviations ia�ill not change the current land area within the development and
are adequate to serve the intended purpose.
e. 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 proposed project is to redevelop the site that includes a 2, 277 SF r•estaur°ant building
and an 869 SF patio, drive-thru, and associated site infrastructure. This reconstruction
project hill further redevelop and enhance the subject property and will function the same.
County staff is of the opinion that these deviations will meet the purpose and intent of the
'DC regulations.
£ 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 proposed project r-vill be to redevelop the site with a 2,277 SF restaurant building and
an 869 SF patio and drive-thru. The visual char°acter of the project site r-Hill be better• in
quality than the existing project site.
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g. Areas proposed for common ownership shall be subject to a reliable and continuing
maintenance guarantee.
At the tune of the Site Developmient Plan Amendment and Building Permit processing, the
proposed development improvement is subject to reliable and continuing maintenance
requirements as ivell cis standard confirmation and authorization of common ownership(s).
h. 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.
County staff finds that the deviations ar°e clearly delineated and is the minirnum r°equir°ed
to achieve the goals of the gas station redevelopinent project.
i. The petitioner has provided enhancements to the development.
The proposed redevelopment has proposed additional enhancements to the property
through the installation of a significant amount of new landscaping and by installing new
street walls along the parking areas adjacent to US 41 and Bayshore Drive. Additionally,
four Pygmy Date Palms trees (Triple plantings with an average height of 5 to 6 feet) will
be installed in the area where the reduction of the landscape buffer occurs along US-
41 /Tamiami Trail.
j. Approval of the deviations) will not have an adverse effect on adjacent properties.
Count�� staff has described the existing kind use pattern in the "Surrounding Land Use and
Zoning" portion of this report. Furthermore, based on the information provided in the
application, the proposed deviations are requested to maintain the existing conditions at
the site. The project will not adversely affect adjacent properties.
Landscape Review: The record evidence cind testimony from t1�e public hearing reflects that the
Lcindsccipe Review Division provided their review in the DeI ons section of the r^eport.
Transportation Review: The r°ecor•d evidence and testimony from the public hearing reflects that
Transportation Plana�ing staff hcive revieti-ved the Land Development Code (LDC) Deviations
proposed. The proposed deviations do not cause transportation -related issues, consistent with the
Gr•oivth Management Plan (GMP). Therefore, Transportation Planning staff find the petition
consistent with the GMP. At the tine of Site Development Plan (SDP) permitting a full TIS will be
required that includes operational analysis of all trips resulting from the neti-v proposed use and
the impacts on the adjacent road netivork. Transportation Planning staff has reviewed the petition
and recommends approval of this LDC request deviations.
Environmental Review: The record evidence and testimony from the public hearing reflects that
Erwironrnental Planning staff has r•eviel-ned this petition. The r°equest is to remodel tl7e existing
building (restaurant) with deviationsfor building setback and landscaping requirements (buffers).
Preservation of native vegetation is not required since the property has been developed and does
not contain a preservation area or listed species. This project does not require an Environmental
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Advisory Council (PAC) review, as this project did not meet the AA C scope of sand development
project reviews as identified in Section 24193 of the Collier County Codes of Laws and
Ordinances. Environmental Services staff recommends approval of the proposed petition.
Conservation and Coastal Management Element (CCME)0 The record evidence and testimony
from the public hearing reflects that Environmental reviely staff have determined this project to
be consistent with the Conservation & Coastal Management Element (CCME). The project site is
not required to set aside a preserve area.
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 Section
10.02.03.F.7. of the LDC to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. DR-PL20240009817, filed by the Agent
Richard DuBois, P.E. of RDA Consulting Engineers, representing the Contract Purchaser Chad
Grimm, Managing Member of Calida Ventures, LLC and the Property Owner NNN TRS, Inc, and
described as located at 2934 Tamiami Trail East, in Section I I, Township 50 South, Range 25
East, Collier County, Florida, for the following:
• An application for approval of a Site Plan with Deviations for Redevelopment (DR) for a
reconstruction project for a proposed Huey Magoos restaurant. To better facilitate this
reconstruction project, the petitioner requests approval of a site plan with deviations pursuant
to LDC Section 10.02.03.17 and seeks three total deviations, including two deviations from
LDC Section 4.02.16.A.l.a.ii, to allow for a maximum front setback of 53' along US
41/Tamiami Trail East and allowing for a maximum side setback of 70.1' along Bayshore
Drive; one deviation from LDC Section 4.06.02.C.4, to allow for a gradual reduction in width
of a portion of the perimeter landscape buffer from 20' to 18.9' with enhanced buffer material
consisting of. 4 Pygmy Date Palm trees (Triple plantings with an average height between 5 to
6 feet) as shown on the Site Plan with Deviations for the redevelopment of the existing vacant
convenience store/gas station into a restaurant consisting of 1.92± acres.
Said changes are fully described in the Huey Magoon Site Plan with Deviations —Revised 6-13-
2025 attached as Exhibit "A", and are subject to the conditions) set forth below.
ATTACHMENTS.
Exhibit A —Huey Magoos Site Plan with Deviations —Revised 6-13-2025
Exhibit B —List of Deviations
LEGAL DESCRIPTION.
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The subject property is located at 2934 Tamiami Trail East, in Section 11, Township 50 South,
Range 25 East, Collier County, Florida.
CONDITIONS.
1. Huey Magoos, Site Plan with Deviations, shall be limited to that which is depicted on
the "Huey Magoos — Site Plan with Deviation — Revised 643-2025," prepared by
Richard B. DuBois, P.E. of RDA Consulting Engineers.
2. 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
may 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.
September 15, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 7 of 7
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RDACUINISU LTI INIG
List of Deviations:
Deviation #1 from LDC Section 04.02.16.A.1.a.ii. Table 1 which requires a "minimum Front Setback of 5' and a
maximum Front setback of 20"' for commercial development to instead allow for a maximum front setback of 53'
along US 41/Tamiami Trail East.
Deviation #2 from LDC Section 04.02.16.A.1.a.ii. Table 1 which requires a "minimum Front Street Setback of 5' and a
maximum Front Setback of 20"' for commercial development to instead allow for a maximum side setback of 70.1'
along Bayshore Drive.
Deviation #3 from LDC Section 04.06.02.C.4. which requires a "... developments within an activity center shall
provide a perimeter landscape buffer of at least 20 feet in width regardless of the right -of way width." to instead allow
for a gradual reduction in width of a portion of the perimeter landscape buffer from 20' to 18.9' with enhanced buffer
material consisting of: 4 Pygmy Date Palm trees (Triple plantings with an average height between 5 to 6 feet) as
shown on the Site Plan with Deviations.
791 10th Street S., Suite 302, Naples, FL 34102 • (0) 239-649-1551 • (F) 239-649-7112
info@rdafl.com • www.rdafl.com