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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 I- z Lo I- w zWcn Lu O< M 0 Li Co N w2 w0Lww`' 0 0 ow Fom .-� Womo -'waw I JO w 0L 0 w D�a I I U � �� "aN -j — — — I a W ZZ)-1-`1<i----JE-30-<°DwN —I �a0_a��ao_I ¢ o COYOTE DRIVE _ Li m �; w o (PRIVATE ROA-D-1-5fR j, 0 0 cd S 0. m �¢ a `n C.U.E., P.U�E., A.E. & D.E.) a s a a 0 L.L.a o J -- -1-N 01'56'16" W r 227.00' —`Li 1 al ` cn d 1 0 C.) a Z Ho I I ›- a L1.1 w _rn Q h. cn oo I oO O U �o a Z rn Q aoo p h = �-O O woo I - kto p^>> a 0 w ct m ``� ornrn N oia R 02O DOw N -I z Q o .r N Lii o m o 0 _O 3 N m J ��4 "� i I I— a (Ly Z3w O ,4, -j WENN N u3 I 0 Q U M a EE_ m Ww Z N a D N a • Q E. a 0 al.-- ot,`no ZO LLI 000rn 03 F I a Y J a U 00 . w > o /W 2`tsh 1-NOst^ Cr 40 MQ'• O N L,- I--I QUZZ p (n aCO m co Q �ost L.L. S 01.56'16" E 263.00' I Z2� I C7 < w w 3 w U~ F-m + PLATTED LOT LINE I Ci 0= 1 rW� j �_ _ CO St �� �j 31¢� 0 LL ,c‘io z zpov-) o .;ccs, a ^ - ''t al 0 _d Q W U U�� J mcnzzz Y^ S 01'56'16" E 263.00' I P4Z PROPOSED LOT LINE Q 0 N a CU w )pN�ZN rn (0CC .1 E-4 W ? J J J J J J J IOaiU���p �6 NI- � � �i C.D Z Q Q ^ l oo o r oQ IN Q ar"toY q�ov >_ daF W w � � � H cecd6 CC L1 , 1----000o �Laoxt a c Z W A (n w 8 _ 3 'Cl. fU�w CD m ¢ ik C/]o x A pl- O I W , I-wwXV ��4ti^M I V 0 O J O Li- 00o I N ozaa0 ���� W W z E" Q d z I� c0 (0 a-(I w N a Q. '-, W W W o W AMM n � wwoo � o O O 1 LW } JPO O ZpnQa,_ ui co O O A4 0Uwe Z a 0 co —D.-c`si Z ce _,--m CC w 0 w W J Z W • L,3 r o I t I w cnn '" o p; I p v /N awE EE Z U Qp0 + �' N 01'56'16" W 193.00' z o o Q a. 0 1 • — 1 O F O Wq WNi �� 1 SIERRA MEADOWS DR. I w a H ° x �an f:4 C4o Q N �� - h. (PRIVATE ROAD-84.70' R/W,_ x w W = O 0 0 Ism C.U.E., P.U.E., A.E. & D.E.)CO W F 4 w U U w o I~a I 0 O ( Fo LIJ I-1-1 4 ° — — + — — — — rxn a ao z ::::� zZQO �' h 0 a e" a Cil JOB:SMEADOWS x zW � OUo �� DRAWN :EA � OwOd � Ha Q 0 0 ..... DRAWING:SIERRA BNDY 2 `-; c\i c'S SCALE: 1" = 100' 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 F d 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 N) N)