HEX Final Decision 2016-31 i
HEX NO. 2016—31
HEARING EXAMINER DECISION
PETITION NO. ZLTR(CUD)-PL20160000898 — Johnson Development Associates, Inc.
requests affirmation of a zoning verification letter issued by the Planning and Zoning
Division pursuant to LDC Section 10.02.06, in which County staff determined that the
proposed use of self-storage/mini-warehouse (SIC 4225) is comparable in nature with the
permitted principal uses in the Commercial District under Section 4.3(A) of the Sierra
Meadows PUD, Ordinance No. 99-91, as amended, and with the C-4 General Commercial
District in effect on the date of approval of Ordinance No. 99-91. The subject properties are
located on the south side of Rattlesnake Hammock Road, approximately one-quarter mile
west of Collier Blvd. (C.R. 951) in Section 22, Township 50 South, Range 26 East, Collier
County, Florida, consisting of 3.37± acres.
DATE OF HEARING: August 11, 2016
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.
ANALYSIS:
No members of the public attended this meeting and no objections have been received for this
application.
DECISION:
The Hearing Examiner hereby approves Petition No. ZLTR(CUD)-PL20160000898, filed by
Richard D. Yovanovich, Esq., representing Johnson Development Associates, Inc. requesting
approval of a zoning verification letter determining that the proposed use of self-storage/mini-
warehouse (SIC 4225) is comparable in nature with the permitted principal uses in the
Commercial District under Section 4.3(A) of the Sierra Meadows PUD, Ordinance No. 99-91, as
amended, and with the C-4 General Commercial District in effect on the date of approval of
Ordinance No. 99-91, 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.
[16-CPS-01554/1276591/1]32 1 of2
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL(CUD)—PL20160000898
LEGAL DESCRIPTION:
Lots 1 and 2, SIERRA MEADOWS, according to the plat thereof, as recorded in Plat Book 39,
Page 11, of the public records of Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. The use will be limited to enclosed, indoor air conditioned self-storage.
3. For off-site impacts, the project will comply with Dark Sky lighting requirements.
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.
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Date Mar Strain, Hearing Examiner
Approve. to form .I�d legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01554/1276591/1]32 2 of 2
Exhibit "A"
r Page 1 of 2
Collier County
Growth Management Department Planning & Regulation
Zoning Services Division
June 2,2016
Richard D. Yovanovich,Esq.
Coleman,Yovanovich&Koester,P.A.
4001 Tamiami Trail North, Suite 300
Naples,Florida 34103
Re: Zoning Verification Letter ZLTR (CUD)-PL20160000898; Zoning Verification Letter – Comparable Use
Determination for the Sierra Meadows PUD, 8434 and 8420 Sierra Meadows Drive, located within in Section 22,
Township 50 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio: 73620100524 and
73620100540.
Dear Mr. Yovanovich:
This letter is in response to a Comparable Use Determination (CUD) Application dated April 18, 2016, which was
submitted by you on the behalf of your client, Justin Story/Tyler Cooper–Johnson Development Associates, Inc. You
have specifically requested a determination from the Zoning Manager and affirmation from the Office of the Hearing
Examiner that the use of a self-storage/mini-warehouse, Standard Industrial Code (SIC) 4225, is comparable and
compatible with the permitted uses in the Commercial District of Sierra Meadows Planned Use Development (PUD),
Ordinance 99-91, as amended, or with the C-4 General Commercial District Uses in effect on the date of approval of the
PUD Ordinance.
The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development
Code(LDC),Ordinance 04-41,as amended.The current Official Zoning Atlas, an element of the LDC,reveals the subject
property has a zoning designation of the Sierra Meadows PUD, Ordinance 99-91, as amended. Allowable commercial
uses within this PUD are listed in Section IV, 4.3 Permitted Uses. Permitted uses include #40, "any other general
commercial use, which is comparable in nature with the C-4 General Commercial District in effect on the date of approval
of this PUD Ordinance and the foregoing uses."
Self-Storage/Mini-warehouse, SIC 4225, is a conditional use in the C-4 of the Collier County Land Development Code
(LDC)and a permitted use in the Heavy Commercial District(C-5). This application was reviewed for comparability and
compatibility of allowable C-4 uses of the LDC listed within the PUD as well as comparability and compatibility for
characteristic uses, intensity and business character, of this PUD. This PUD allows for uses which are, "comparable in
nature with the C-4 General Commercial District in effect on the date of approval of this PUD Ordinance and the
foregoing uses", it doesn't distinguish between type of use—primary, accessory, or conditional. Moreover, many of the
PUD permitted uses are also permitted uses in C-4 of the LDC just as self-storage/mini-warehouse is a conditional use in
C-4. While many of the permitted uses in the PUD, which are permitted uses in C-4 of the LDC, do not explicitly include
self-storage, it is deemed by staff that the PUD's C-4 diversity of uses as well as Permitted use #40, allowing any other
comparable use to C-4, makes self-storage/mini-warehouse a comparable/compatible use . Furthermore,the characteristic
use of the self-storage/mini-warehouse is similar in intensity and business character to many of the listed uses within this
PUD. It should also be noted that the provided Trip Generation Comparison comparing trip generations of hotels (a
permitted use in this PUD and a conditional use in LDC C-4 Zoning District/permitted use in LDC C-S Zoning District)to
self-storage shows that self-storage is a less intense trip generator.
The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be
compelling. It has been concluded that self-storage/mini-warehouse is comparable and compatible to allowable C-4 uses
of the LDC listed within the PUD as well as for characteristic uses, intensity and business character, of this PUD.
Therefore, in accordance with the PUD under Section IV, 4.3 Permitted Uses #40, self-storage/mini warehouse (SIC
Exhibit "A"
Page 2 of 2
4225) is comparable in nature with the C-4 General Commercial District in effect on the date of approval of the PUD
Ordinance and the permitted commercial uses in the PUD. This determination must be affirmed by the Hearing Examiner
to become valid;you will be notified of a hearing date.
Disclaimer: 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. All
other applicable state or federal permits must be obtained before commencement of the development.
Please be advised that the information presented in this verification letter is based on the Collier County LDC and/or
Growth Management Plan in effect as of this date, It is possible that subsequent amendment(s) 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 Collier County LDC or
related ordinances.
Should you require additional information or have any questions,please do not hesitate to contact me at(239)252-8202 or
e-mail: rachelbeasley@colliergov.net.
Researched and prepared by: Reviewed by:
Rachel Beasley, PlaRaymon ` 3ellows,Zoning Manager
Zoning Services Section Zoning Services Section
C: Annis Moxam,Addressing Section
Ian Barnwell,PUD Monitoring