HEX Final Decision 2014-33 HEX NO. 2014—33
HEARING EXAMINER DECISION
PETITION NO. DRD-PL20130002373—7-Eleven,Inc. requests approval of a site plan with
deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section
5.05.05.B.1 "Table of Site Design Requirements", which requires a front yard of 50 feet for
Automobile Service Stations, to instead allow a front yard of 25 feet. The subject property
is located on the east side of Tamiami Trail North (US Highway 41) at the intersection of
Granada Boulevard in Section 15, Township 49 South, Range 25 East, Collier County,
Florida.
DATE OF HEARING: October 23, 2014
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 Section
10.02.03.F.7 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
This application is for a deviation for an existing convenience store with 8 fueling stations. The
facility was originally constructed prior to 1985 consistent with Ordinance 82-2, which was the
Zoning Code in effect for Collier County at that time. The applicant is not requesting additional
fueling stations. Four of the existing fueling stations are under canopy and four exist outside the
canopy (fuel pumps are approximately 30 feet from the front property line). The applicant is
seeking to cover all eight fueling stations. A deviation is needed due to the changes between the
1982 Zoning Code and today's Land Development Code (LDC), Ordinance 04-41. Ordinance
82-2 allowed fuel pumps a front yard setback of 30 feet and canopies were allowed a 20 foot
setback (see Supplement to the Staff Report attached as Exhibit `B"). The current LDC requires
a front yard setback of 50 feet for fuel pumps and canopies. The applicant is requesting a 25
foot front yard setback for the canopy to cover all of the existing fuel stations (see site plan
attached as Exhibit "A"). Due to the original placement and layout of the site, the applicant
cannot meet the requirements of the current LDC and cover all of the fueling stations without a
deviation.
As an enhancement, the applicant has agreed to add a hedge row along the eastern side yard
property boundary consistent with the current LDC. The hedge row would provide additional
buffering between the applicant's accessory car wash and the adjoining residential neighborhood
to the East.
[14-CPS-01336/1126869/1]21 Page 1 of 2
DECISION:
The Hearing Examiner hereby approves Petition Number DRD-PL20130002373, filed by
Harrison French & Associates representing 7-Eleven, Inc., for a site plan with deviations for the
property described herein, as follows:
1. A deviation from LDC Section 5.05.05.B.1 "Table of Site Design Requirements",
which requires a front yard setback of 50 feet for Automobile Service Stations, to
instead allow a front yard setback of 25 feet.
This deviation is shown in the Site Plan attached as Exhibit "A," and is subject to the
condition(s) set forth below. This decision does not constitute approval of the site plan.
ATTACHMENTS: Exhibit A—Site Plan
Exhibit B—Supplement to the Staff Report
LEGAL DESCRIPTION: Lots 16, 17 and 18, Block 1, Naples Twin Lakes, according to the
Plat thereof as recorded in Plat Book 4, at pages 35 and 36, of the Public Records of Collier
County Florida.
CONDITIONS:
The applicant shall provide a 5-foot hedge along the eastern property line consistent with LDC
section 4.06.02.C.2 "B" buffer hedge.
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, Collier County. 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.
I Zo ( /Ai Cult (`I' C-v
Date Marl Strain, Hearing Examiner
Ap i .4- . to/ism and legality:
ir
Scott A. Stone
Assistant County Attorney
[14-CPS-01336/1126869/1121 Page 2 of 2
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Co tiler County
SUPPLEMENT TO THE STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: PLANNING AND ZONING DEPARTMENT
HEARING DATE: OCTOBER 23, 2014
SUBJECT: DR-PL20130002373 7-ELEVEN
SITE PLAN WITH DEVIATIONS
SUPPLEMENTAL ANALYSIS:
A Site Plan with Deviations provides a means for redevelopment when the passing of time has
rendered certain existing buildings, structures or site features nonconforming.
Zoning Code 82-2, in effect at the time of the construction of the original project, required a
setback for pumps and pump islands of 30 feet from the right-of-way. The Code also permitted
the canopy to extend 10 feet beyond the pumps. Therefore, at the time of original permitting, a
canopy could have been constructed 20 feet from the right-of-way line.
The proposed deviation would permit the canopy to be constructed 25 feet from the right-of-way
line, less of a protrusion than what could have been permitted at the time of original construction.
Prepared by: Fred Reischl, AICP, Principal Planner
Exhibit "B"