HEX Final Decision 2014-20 HEX NO. 2014 —20
HEARING EXAMINER DECISION
PETITION NO. PUD-CUD—PL2014000487—3603 Westview LLC requests affirmation of a
zoning verification letter issued by the Planning and Zoning Department pursuant to LDC
Section 10.02.06, in which County staff determined that the proposed use of Indoor Storage
is comparable in nature to other permitted uses for commercial development under Section
2.2 of the Westview Plaza PUD, Ordinance No. 83-45. The subject property is located east
of Airport-Pulling Road,just south of Radio Road, in Section 1, Township 50 South, Range
25 East, Collier County, Florida, consisting of 20.37 acres.
DATE OF HEARING: August 14, 2014.
STAFF RECOMMENDATION: Approval.
FINDINGS:
1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the
Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land
Development.
2. 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
10.02.06.J of the Land Development Code has been met and the petition should be
approved.
DECISION:
The Hearing Examiner hereby affirms the Planning and Zoning Department's PUD Comparable
Use Determination relating to Petition No. PUD-CUD—PL2014000487, filed by Anita Jenkins,
AICP, of J.R. Evans Engineering, P.A., representing 3603 Westview, LLC that the proposed use
of Indoor Storage is comparable in nature to other permitted uses for commercial development
under Section 2.2 of the Westview Plaza PUD, Ordinance No. 83-45, on the property described
therein, as stated in the PUD Comparable Use Determination zoning verification letter attached
as Exhibit"A".
ATTACHMENTS: Exhibit A—PUD Comparable Use Determination PUD-CUD-PL20140000487
LEGAL DESCRIPTION: See Ordinance No. 83-45, the Westview Plaza PUD.
[14-CPS-01320/854411/1112 1 oft
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.
S - (1 -20 ( y 4
Date M. ■ Strain, Hearing Examiner
Appro d as to fo and legality:
Scott A. Stone
Assistant County Attorney
[14-CPS-01320/854411/1]12 2 of 2
Exhibit "A"
Page 1 of 2
Co �r �..ol41-aty
Growth Management Division
Planning & Zoning Department
April 17, 2014
Anita Jenkins, AICP
J.R. Evans Engineering, PA
23150 Fashion Drive
Estero, FL 33928
Re: PUD Comparable Use Determination PUD-CUD-PL20140000487; Westview Plaza PUD,
Indoor Storage, Collier County, Florida, Folio Number 81570160004
Dear Ms. Jenkins:
Thank you for your request for a PUD Comparable Use Determination. The subject property is
zoned Planned Unit Development (Westview Plaza PUD), Ordinance No. 83-45.
You requested a determination that indoor storage is a permitted use in the subject PUD.
Indoor storage is a low-intensity use with little associated traffic. Most other permitted uses in
the PUD are relatively intense commercial uses with average to high traffic generation. Certain
uses, specifically manufacturing, laboratories and research and development are low traffic
generators. These uses usually also require storage of products as an accessory use.
Staff believes that the proposed use of Indoor Storage is a less-intense use than some of the
permitted uses, and therefore Staff believes that Indoor Storage is comparable in nature to the
other uses in the PUD and a compatible use in the district.
Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of
Indoor Storage is comparable in nature to other uses in the PUD. Your request will be forwarded
to the Hearing Examiner for affirmation of Staffs opinion. You will be apprised of the hearing
date and advertising fees as soon as possible. Please note that Staffs opinion is not binding on
the Hearing Examiner.
Please be advised that the information presented in this verification letter is based on the Collier
County Land Development Code (LDC) and Growth Management Plan in effect as of this date.
It is possible that subsequent amendments to either of these documents could affect the validity
of this verification letter. It is also possible that development of the subject property could be
affected by other issues not addressed in this letter, such as, but not limited to, concurrency
related to the provision of adequate public facilities, environmental impact, and other
requirements of the LDC or related ordinances.
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Exhibit "A"
Page 2 of 2
Should you require further information or have any questions, please do not hesitate to contact
me at(239) 252-4211 or fredreischl @colliergov.net.
Researched and prepared by Reviewed by:
•
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Fred Reischl. AICP, Senior Planner Ram V. Bellows. Zoning Manager
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Planning & Zoning Plannin6 & Zoning
cc Annis Moxam,Addressing Section
Laurie Beard,Commitment Tracking