HEX Final Decision 2014-38 HEX NO. 2014–38
HEARING EXAMINER DECISION
PETITION NO. ZVLCUD-PL20140002295 – Ralph Cioffi—Carolina Way do Welsh
Companies Florida, Inc. requests approval 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 enclosed mini and self-storage warehousing use (SIC
Group 4225) is comparable in nature to other permitted commercial principal uses for
mixed use areas under Section 3.3 of the Carolina Village MPUD, Ordinance No. 05-19.
The subject property is located on the north side of Vanderbilt Beach Road, west of CR
951, in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting
of 15.88 acres.
DATE OF HEARING: November 13, 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 approves Petition No. ZVLCUD–PL20140002295, filed by
Frederick E. Hood, AICP of Davidson Engineering, Inc., on behalf of Ralph Cioffi, requesting
approval of a zoning verification letter determining that the proposed use of enclosed mini and
self-storage warehousing facility (SIC Group 4225) is comparable in nature to other permitted
commercial principal uses for mixed use areas under Section 3.3 of the Carolina Village MPUD,
Ordinance No. 05-19, on the property described herein, and affirms staff's determinations as
stated in the Zoning Verification Letter attached as Exhibit "A", subject to the condition(s) set
forth below.
ATTACHMENTS: Exhibit A-Zoning Verification Letter ZVLCUD–PL20140002295
[14-CPS-01393/1130021/1143 1 of 2
LEGAL DESCRIPTION:
Carolina Commons, according to the map or plat thereof, as recorded in Plat Book 48, Pages 78
and 79, of the public records of Collier County, Florida.
CONDITIONS:
The approved uses within Standard Industrial Classification(SIC) number 4225 are limited to air
conditioned, enclosed mini and self storage warehousing only.
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.
H — Pf - fAo lci (A,,,. . PA--,)
Date Mar Strain, Hearing Examiner
Appro d as to fo and legality:
Scott A. Stone
Assistant County Attorney
[14-CPS-01393/1130021/1]43 2 of 2
....Colt-P- C014.11 lty EXHIBIT A
Page 1 of 2
Growth Management Division
Planning & Zoning Department
October 21, 2014
Mr. Frederick E. Hood, AICP
Davidson Engineering, Inc.
4365 Radio Road, Suite 201
Naples, FL 34104
Re: Zoning Verification Letter ZVLCUD-PL20140002295; Carolina Village Mixed-Use Planned
Unit Development (MPUD)
Dear Mr. Hood:
Thank you for your request for Zoning Verification for a proposed comparable use
determination. In your application you note that the subject property is currently zoned as the
Carolina Village Mixed-Use Planned Unit Development (MPUD) with the adoption of Ordinance
Number: 05-19. Your request is for an official verification that an enclosed mini and self-storage
warehousing use (SIC Group 4225) is a permitted use in the subject MPUD, Principal Uses for
the Mixed Use Area.
Staffs analysis indicates that this MPUD was originally rezoned from Agricultural (A) to the
currently approved MPUD in 2005 with the adoption of Ordinance Number 05-19. This PUD is
also located within the Vanderbilt Beach/Collier Boulevard Commercial Sub-district land use
designation as identified on the Future Land Use Map and described in the Future Land Use
Element of the Growth Management Plan (GMP). It should be noted that sub-district specifically
prohibits gas stations, convenience stores with gas pumps, fast food restaurants with drive
through lanes, and tire stores within the 15.88 acre expansion area that comprise this MPUD.
The subject site is governed by Section 3.3.A - Principal Uses for the Mixed Use Area as
depicted on the MPUD Master Plan. This section specifically indicates that no building or
structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for
other than the uses that are listed.
In your application, you contend that the list of commercial uses contained within the currently
approved Carolina Village Mixed Use MPUD are comparable in nature to the uses listed in the
Commercial Intermediate (C-3) and the General Commercial (C-4) Zoning Districts. The MPUD
uses are specifically listed as permitted uses in the C-4 district as follows:
• Amusements and Recreation Services Indoor (Groups 7911, 7991, 7993 only for indoor
video game arcade and indoor coin-operated amusement machine, 7999 only for bicycle
rental, ice skating rink operation, indoor slot-car track and miniature golf course.
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Mr. Fred Hood,A1CP EXHIBIT A
ZVLCUD-PL20140002295
Page 2 of 2
• Auto and home supply stores (Group 5531 only for automobile accessory dealers and
automobile parts dealers, limited to retail sales without installation)
• Automobile Parking (Group 7521)
• Home furniture, Furnishings and Equipment Stores (Groups 5712-5736)
You also note that an enclosed mini and self-storage warehousing (SIC Group 4225), which is a
conditional use in the C-4 District, is comparable in nature with the existing, approved
commercial land uses in the subject MPUD since the proposed use is less intensive by the way
of traffic impacts, utility and resource consumption and is less intrusive overall when compared
to the permitted uses.
Section G.6 of the Administrative Code outlines the two situations in which a Zoning Verification
Letter can go to the HEX for approval: 1) If the PUD ordinance language identifies the Board of
Zoning Appeals as the authority to determine a use is comparable, compatible and consistent;
or 2) If the PUD ordinance language identifies the Planning Director (or other similar County
staff) as the authority to determine a use is comparable, compatible, and consistent. As noted
above, Section 3.3.A that pertains to Tracts 1 & 2 within the Carolina Village Mixed-Use MPUD
document does contain this language under "permitted uses." Staff and the Planning Director
inferred that such language was applicable to this matter.
Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of an
enclosed mini and self-storage warehousing facility (SIC Group 4225) is a use that is
comparable, compatible, and consistent in nature to other uses in the Carolina Village Mixed-
Use MPUD.
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.
Should you require further information or have any questions, please do not hesitate to contact
me at (239) 252-4211 or Raybellows(c�colliergov.net.
Sincerely,
Raymond V. Bellows, Zoning Manager
Department of Planning &Zoning
cc: Annis Moxam, Addressing Section
Laurie Beard, PUD Commitment Tracking