HEX Final Decision 2021-13HEX NO. 2021-13
HEARING EXAMINER DECISION
DATE OF HEARING.
March 11, 2021
PETTTInN
PETITION NO. PL20190002183 ASW— Hammock Park Apartments, LLC, requests a
137+/- foot waiver from the minimum required separation of 500 feet between facilities with
fuel pumps for development of an automobile service station located at the northeast corner
of CR 951 and Rattlesnake Hammock Road with a resulting separation distance of
approximately 363 feet from the property line of an existing RaceTrac service station
pursuant to Land Development Code Section 5.05.05.11 of the Land Development Code. The
property is in Section 14, Township 50 South, Range 26 East, Collier County, Florida.
[Coordinator: Timothy Finn, Principal Planner] Commissioner District 1
GENERAL PURPOSE FOR THE PETITION.
The applicant is requesting a waiver from the 500-foot separation requirement for automobile
service stations to situate a new automobile service station with convenience store and car wash
closer than 500 feet of an existing automobile service station. The request is for 137 feet
where 500 feet is required.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Division 3 of the Collier
County of Ordinances, Sec. 5.05.05 of the Land Development Code, and Chapter 9 of the
County Administrative Code.1
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.
1 Section 5.05.05 refers to the Board of Zoning and Appeals (BZA) but pursuant to Chapter 9 of
the Administrative Code, this Petition is assigned to the Hearing Examiner.
Page 1 of 4
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. The Petitioner and/or Petitioner's representative presented the Petition, followed by County
staff and then public comment. There were no objections at the public hearing and one
proponent nearby landowner.
6. Pursuant to Section 5.05.05.B.2.a, there are four factors the Hearing Examiner shall base the
decision on:2
i. Whether the nature and type of natural or man-made boundary, structure, or other
feature lying between the proposed establishment and an existing facility with fuel
pumps is determined by the BZA to lessen the impact of the proposed facility with fuel
pumps. Such boundary, structure, or other feature may include, but is not limited to,
lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a
minimum of a 4-lane arterial or collector right-of-way.
The record reflects there is a man-made canal and multi -lane intersection (CR 951 and
Rattlesnake Hammock Road) between the proposed establishment and the existing
RaceTrac facility.
ii. Whether the facility with fuel pumps is only engaged in the servicing of automobiles
during regular, daytime business hours, or, if in addition to or in lieu of servicing, the
facility with fuel pumps sells food, gasoline, and other convenience items during
daytime, nighttime, or on a 24-hour basis.
The record reflects the proposed automobile service station is a 24-hour operation
providing food, gasoline, and other items. There is no automobile servicing or repair
proposed.
iii. Whether the facility with fuel pumps is located within a shopping center primarily
accessed by a driveway, or if it fronts on and is accessed directly from a platted road
right-of-way.
The record reflects the proposed automobile service station will be located in an
outparcel within a MPUD. The station will be accessed from Rattlesnake Hammock, a
county -maintained platted roadway, as well as the internal roadway network within
the MPUD, that connects to CR 951 via an existing bridge just north of the Hammock
Park MPUD boundary, within the Good Turn CPUD.
iv. Whether the granting of the distance waiver will have an adverse impact on adjacent
land uses, especially residential land uses.
The record reflects the abutting property to be undeveloped. The record and testimony
at the hearing reflects that buffers, lighting, architecture, and setbacks of the site design
z The Hearing Examiner's findings are italicized.
Page 2 of 4
will meet or exceed the enhanced code requirements to abate any potential adverse
impacts to future residential use.
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 by the public, the Hearing Examiner finds that there is enough
competent, substantial evidence as applied to the criteria set forth in Section 5.05.05.B.2.a.i — iv
of the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number ASW-PL20190002183, filed by
Alexis Crespo, AICP of Waldrop Engineering and Rich Yovanovich, Esq. representing Hammock
Park Apartments, LLC, with respect to the property described and located at the northeast corner
of CR 951 and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East,
Collier County, Florida, for the following:
• An application for a request of a 137+/- foot waiver from the minimum required separation
of 500 feet between facilities with fuel pumps for development of an automobile service
station located at the northeast corner of CR 951 and Rattlesnake Hammock Road with a
resulting separation distance of approximately 363 feet from the property line of an existing
RaceTrac service station.
Said changes are fully described in the Auto Service Waiver Exhibit attached as Exhibit "A" and
are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Auto Service Waiver Exhibit
LEGAL DESCRIPTION.
Property located at the northeast corner of CR 951 and Rattlesnake Hammock Road in Section 14,
Township 50 South, Range 26 East, Collier County, Florida.
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
Page 3 of 4
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.
"pe 9........1t.„........._
March 19, 2021
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 4 of 4
EXHIBIT "A"
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AUTO SERVICE WAIVER EXHIBIT
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