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HEX Final Decision 2021-56 HEX NO. 2021-56 HEARING EXAMINER DECISION DATE OF HEARING. INSTR 6166433 OR 6048 PG 2881 October 28,2021 RECORDED 12/1/2021 2 18 PM PAGES 13 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA PETITION. REC$112.00 PETITION NO. PDI - PL20200002125 Germain Toyota - Request for insubstantial change to the Germain Toyota Commercial Planned Unit Development(CPUD),Ordinance Number 08-60, to add a deviation from LDC Section 5.06.04.F.4 to increase the number of on- premises signs from one sign to two signs,with the additional sign not exceeding 150 square feet. The subject property is approximately 13.1 acres located at 13327 and 13315 Tamiami Trail North, approximately 1,000 feet south of Wiggins Pass Road, in Section 16, Township 48 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The insubstantial change request is to allow a sign to be placed on the Toyota used car sales building, which historically had a non-conforming sign. The applicant removed the used car signage due to the age and condition. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County 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 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. Two NIMs were held for this petition. The first was held on was held on June 14, 2021,at 5:30 p.m. at the Germain Toyota used car sales building. One member of the public attended, and after the applicant's description of the proposed sign, discussion extended for approximately Page 1 of 6 one hour about the characteristics of the proposed sign, illumination and hours of illumination, and operations of the dealership related to unloading of vehicles. Due to technical difficulties, the audio / video recording function failed for this meeting. Because the recording failed, a second NIM was required. The second NIM was held on August 10, 2021, at 5:30 in the Germain Toyota new car sales building. No members of the public appeared for the meeting. 6. Public notice was provided about the October 28, 2021 Hearing Examiner Hearing by posting of a Public Hearing Notice sign on the property, mailing of notices to owners within 500 feet of the subject site, and publication of a newspaper advertisement at least 15 days prior to the hearing. 7. 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 objections at the public hearing. 8. The County's Land Development Code Sections 10.02.13.E.1 and 10.02.13.E.2 lists the criteria for an insubstantial change to an approved PUD Ordinance. The Hearing Examiner having the authority of the Planning Commission may approve a request for an insubstantial change to an approved PUD ordinance upon review and evaluation of the criteria in the Collier County Land Development Code.' Section 10.02.13.E.1 Criteria: 1. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? The record evidence and testimony from the public hearing reflects that there is no proposed change in the boundary of the PUD. 2. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? The record evidence and testimony from the public hearing reflects that there is no proposed increase in the number of dwelling units or intensity of land use, or height of buildings within the development. 3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5%) percent of the total acreage previously designated as such, or five (5) acres in area? The record evidence and testimony from the public hearing reflects that there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. 'The Hearing Examiner's findings are italicized. Page 2 of 6 4. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial,and industrial land uses(excluding preservation,conservation or open space), or a proposed relocation of nonresidential land uses? The record evidence and testimony from the public hearing reflects that there would be no increase to the size of areas used for non-residential uses and no relocation of non- residential areas. 5. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? The record evidence and testimony from the public hearing reflects that there are no substantial impacts resulting from this change. The sign is proposed to serve land uses that have already been evaluated for traffic generation and impacts to public facilities. The sign is does not change traffic circulation and does not create impacts on other public facilities. 6. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The record evidence and testimony from the public hearing reflects that the proposed change will not result in land use activities which were not accounted for when the principal and accessory uses were originally approved. 7. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? The record evidence and testimony from the public hearing reflects that the proposed change will not impact or increase stormwater retention or increase stormwater discharge. 8. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? The record evidence and testimony from the public hearing reflects that the proposed signage will face the Tamiami Trail North frontage. The project will continue to provide the required buffers and preserve as mandated by the Germain Toyota CPUD. There will be no incompatible relationships with abutting land uses. 9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? Page 3 of 6 The record evidence and testimony from the public hearing reflects that this petition is consistent with the GMP and does not propose any increase in density or intensity of the permitted land uses. 10. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec.380.06(19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2.,F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The record evidence and testimony from the public hearing reflects that the Germain CPUD is not an existing DRI. 11. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s)any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? The record evidence and testimony from the public hearing reflects that based upon the analysis provide above, the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Criteria: 1. Does this petition change the analysis of the findings and criteria used for the original application? The record evidence and testimony from the public hearing reflects that the proposed changes do not affect the analysis and findings of the most recent PUD zoning action approved by Ordinance No. 08-60, which designated the property as Germain Toyota CPUD.An excerpt from the staff report prepared for that petition is attached as Attachment D that contains the PUD& Rezoning Findings of Fact for PUDZA-2007-AR-11914. Deviation: Deviation 1: Deviation 1 seeks relief from LDC Section 5.06.04.F.4. which allows for one wall, mansard, canopy or awning sign for each single occupancy parcel or for each unit in a multiple-occupancy parcel to allow a second sign that will not exceed 150 square feet. The replacement of the previously displayed non-conforming wall sign is necessary to distinguish the two Toyota buildings (new sales versus used sales) and assist with guiding customers to the used sales building. The record evidence and testimony from the public hearing reflects that the signage previously on the used car sales building was removed due to age/condition. While proliferation of signage is Page 4 of 6 discouraged, the replacement of the signage that was previously in place with updated materials will enhance safety and will restore the distinguishment between two buildings as they have historically been distinguished. The request is limited in scope to allow one additional sign for Toyota; the proposed second sign shall meet all other standards that apply to signs including dimensional and placement requirements and maximum square footage of 150 square feet. The granting of the deviation is not detrimental to the health, safety and welfare of the community per LDC section 10.02.13.A.3, and the request is justified as meeting public purposes to a degree at least equivalent to literal application of such regulations per LDC section 10.02.13.B.5.h 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 Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number PDI-PL20200002125, filed by Ross McArthur representing Tiara Real Estate Company, LLC, with respect to the property in the Germain Toyota Commercial Planned Unit Development (CPUD), Ordinance Number 08-60, as amended, and described as the property consisting of approximately+ 13.1 acres located at 13327 and 13315 Tamiami Trail North,approximately 1,000 feet south of Wiggins Pass Road, in Section 16, Township 48 South,Range 25 East, Collier County, Florida, for the following: • An insubstantial change to the Germain Toyota Commercial Planned Unit Development (CPUD), Ordinance Number 08-60, to add a deviation from LDC Section 5.06.04.F.4 to increase the number of on-premises signs from one sign to two signs, with the additional sign not exceeding 150 square feet. Said changes are fully described in the Site Plan and Deviation attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—Site Plan and Deviation LEGAL DESCRIPTION. See Ordinance No. 08-60, as amended, and described as approximately + 13.1 acres located at 13327 and 13315 Tamiami Trail North, approximately 1,000 feet south of Wiggins Pass Road, in Section 16, Township 48 South, Range 25 East, Collier County, Florida Page 5 of 6 CONDITIONS. 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 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. 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. November 24, 2021 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 6 of 6 EXHIBIT "A" EXHIBIT H LIST OF REQUESTED DEVIATIONS FROM THE LDC GERMAIN TOYOTA CPUD Deviation #1 seeks relief from LDC Section 5.06.04.F.4, On-Premises Signs, which allows for one wall, mansard, canopy or awning sign to be permitted for each single-occupancy parcel, or for each unit in a multiple-occupancy parcel, to allow a second sign for the Toyota dealership to be located on the Toyota used car building, with the additional sign not exceeding 150 square feet. 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