HEX Final Decision 2016-33 HEX NO. 2016—33
HEARING EXAMINER DECISION
PETITION NO. ZLTR(CUD)-PL20160000899 — 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 indoor self-storage/mini-warehouse (SIC 4225) is comparable in nature to
other permitted principal uses in Area "B" under Section 3.3(B) of the Angileri PUD,
Ordinance No. 96-56, as amended. The subject property is located on the south side of
Livingston Woods Lane, north of the intersection of Pine Ridge Road and Whippoorwill
Lane, in Section 7, Township 49 South, Range 26 East, Collier County, Florida, consisting
of 3.08± acres.
DATE OF HEARING: August 25, 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.) 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)—PL20160000899, filed by
Richard D. Yovanovich, Esq., representing Johnson Development Associates, Inc., requesting
affirmation of a zoning verification letter determining that the proposed use of indoor self-
storage/mini-warehouse (SIC 4225) is comparable in nature to other permitted principal uses in
Area "B" under Section 3.3(B) of the Angileri PUD, Ordinance No. 96-56, as amended, on the
property located at the northeast corner of the intersection of Pine Ridge Road and Whippoorwill
Lane and as further 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-01555/1281321/1147 1 of2
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZLTR(CUD)—PL20160000899
LEGAL DESCRIPTION:
Tract 61, Golden Gate Estates Unit 35, as recorded in Plat Book 7, Pages 85, 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 is limited to enclosed, indoor air conditioned self-storage.
3. For off-site impacts, the project will comply with Dark Sky lighting requirements.
4. Overhead roll up door entries are prohibited on the south façade.
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.
1 f
Date Mar Strain, earing Examiner
Apprl ed as to fl m and legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01555/1281321/1]47 2 of2
o . te
Growth Management Department- Planning & Regulation
Zoning Services Division
July 7,2016
Richard D. Yovanovich,Esq.
Coleman,Yovanovich&Koester,P.A.
4001 Tamiami Trail North,Suite 300
Naples, Florida 34103
Re: Zoning Verification Letter ZLTR(CUD)-PL20160000899; Zoning Verification Letter—Comparable Use
Determination for the Angileri PUD, folio number 3845400000, located within in Section 7, Township 49 South,
Range 26 East,of unincorporated Collier County,Florida.
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 requested a determination from the Zoning Director and affirmation from the Office of the Hearing
Examiner that the use of a self-storage/mini-warehouse facility, Standard Industrial Code (SIC) 4225, is
comparable and compatible with the permitted uses in the Angileri Planned Use Development(PUD), Ordinance
96-56,as amended.
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 Angileri PUD, Ordinance 96-56, as amended.
The subject property is located within"Area B", as shown on the PUD Master Plan. Allowable uses within"Area
B"are listed in Section 3.3.B.of this PUD.
Based upon Stas review of the LDC, a self-storage/mini-warehouse (SIC#4225), is listed as a conditional use
in the General Commercial (C-4) zoning district and is a permitted use in the Heavy Commercial(C-5) district.
Even though a self-storage/mini-warehouse facility is not listed as a permitted use in this PUD, it may be deemed
to be a permitted use pursuant to the provision contained in PUD Section 3.3.B.11 (Area"B"Permitted Principal
Uses) which permits "any other commercial use or professional service which is comparable in nature with the
foregoing uses". Given this PUD provision, staff has reviewed your application to determine if a self-storage
facility is comparable and compatible with those permitted uses approved within the Angileri PUD as provided
for in Sections 2.03.00.A and 10.02.06.J of the LDC.
Staff's analysis reveals that the permitted uses for Area "B" contain a mix of permitted uses from Commercial
Professional and General Office District (C-1) to the Heavy Commercial (C-5) district. Some of these uses are
also permitted within the Industrial District(I). Furthermore,this PUD has been determined to be located within
an Interchange Activity Center Subdistrict which allows for the same mixture of land uses permitted in the Mixed
Use Activity Centers.It should be noted the Mixed Use Activity Center is"designed to concentrate almost all new
commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and
disorganized patterns of commercial development, and to create focal points within the community". Given the
findings noted above, it is Staff's opinion that a self-storage/mini-warehouse facility is a commercial use that is
consistent with the purpose and intent provisions of the Interchange Activity Center Subdistrict as provided for in
the Collier County Growth Management Plan(GMP).
ZLTR-20160000899 E""I. 1t "A"
July 7,2016 Page 1 of 3
In your application you also included a compatibility study(prepared by JR Evans Engineering)that analyzed the
characteristics of the proposed self-storage/mini-warehouse use with the commercial and office uses approved in
the Angileri PUD. This study also references the LDC definition of self-storage as follows: `Buildings where
customers lease space to store and retrieve their goods" subject to the design standards contained in Section
5.05.08.D.2 of the LDC. Given this defmition, staff is of the opinion that that an indoor self-storage facility is
consistent with the general intent statement noted in Sections 1.6 and 3.2 of the Angileri PUD that it be developed
with a mixture of commercial and office uses.Even though PUD Section 3.2 states that it is the intent of the PUD
to provide commercial land uses, especially those serving travelers,and office uses,this intent statement doesn't
limit the commercial uses to only those uses serving the traveling public or other office uses. Therefore, it is the
opinion of staff that an indoor self-storage facility is also consistent Section 3.2 of this PUD.
Staff's analysis is also based upon the term"compatibility"which is defined in the LDC as follows: "A condition
in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such
that no use or condition is unduly negatively impacted directly or indirectly by another use or condition."
Furthermore, the term "comparable" is generally defined as having features in common with something else or
having equivalent or similar attributes.
The Area"B"uses of the Angileri PUD that are subject to this compatible and comparable analysis are as follows:
• Depository Institutions
• Eating Places(Sit-down restaurants only)
• Hotels&Motels
• Insurance Agents,Brokers,and Services
• Miscellaneous Retail(limited to drug stores and florists)
• Beauty Shops
• Real Estate Agents&Managers
• Travel Agencies
• Video Tape Rental
• Professional Offices and Medical Office.uses.
One measure of comparability of a use pertains to the zoning districts that permit the applicable uses. For
example,the above listed PUD uses are all currently permitted in C-4 and C-5 zoning districts of the LDC(except
for Travel Agencies which are also permitted in the Industrial district).From a zoning classification standpoint,it
is staff's opinion that a self-storage facility is comparable to the permitted PUD uses because it is allowed as a
conditional use in C-4 district and is a permitted principal use in the C-S district.
Another comparable and compatible measure that can be analyzed involves the intensity of the uses such as a
comparison of trip generation rates. In this regard, you supplied a Trip Generation Study prepared by JMB
Transportation Engineering Inc. that compares the trip generation rates of a 100,000 square foot self-storage
facility to a 70-Room hotel use that can be developed on the subject 2.25 acre property. Staff concurs with the
study's findings that the proposed self-storage use generates approximately 250 average daily trips(ADT)while a
70-Room Hotel has a higher trip generation rate of approximately 624 ADT. Staff also agrees with the conclusion
that a self-storage use is a less intensive trip generator than hotels and will have fewer impacts to the Pine Ridge
Road segment between 1-75 and Livingston Road which is currently over capacity.
Staff also compared the function/classification of uses,the parking demand and other site impacts such as noise,
odor,and visual(building design)and fmds the following: Depository institutions,real estate agents,professional
office and medical uses have functional characteristics that are similar to office uses while hotel/motels,
restaurants, miscellaneous retail, and personal services tend to operate more like retail commercial uses. In
comparison, Staff deems the operation of an indoor self-storage facility to be more like a commercial retail use
since it involves the leasing of storage space to customers.
ZLTR-20160000899 Exhibit "A"
July 7,2016 Page 2 of 3
In regards to the parking demand, Section 4.05.04.G. of the LDC lists the minimum parking requirement for a
self-storage facility to be calculated at a rate of 1 parking space per 20,000 square feet of storage buildings which
is less than the required parking when compared to a hotel/motel use which is calculated at a rate of 11 spaces per
10 guestrooms or a sit-down restaurant that that requires 1 parking space per 60 square feet. Furthermore, an
indoor self-storage facility typically doesn't generate noise or odors that could impact the surrounding properties.
As a result, if an indoor self-storage facility is approved and developed on the subject property; staff anticipates
that the site generated impacts resulting from noise or odor to be comparable to the levels generated by offices
uses. Therefore, the proposed use should not adversely impact the residential properties to the north and would
typically generate fewer impacts when compared to a restaurant or a hotel/motel use since those uses typically
provide outdoor entertainment. Lastly, an indoor self-storage is subject to the design standards contained in
Section 5.05.08.D.2 of the LDC which will ensure that any self-storage facility is designed to be comparable in
design features with office uses.
The Zoning Director has reviewed the application and submittal documents and finds the argument made to be
compelling. Based upon staff's findings, it has been concluded that an indoor self-storage/mini-warehouse (SIC
4225) is a comparable and compatible use with the permitted uses in "Area B" of the Angileri 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-
2463 or e-mail: Raybellows@colliergov.net.
Researched and prepared by: Reviewed by:
Raym Bellows,Zoning Manager Mike Bosi,AICP, Planning&Zoning Director
Zoning Services Section Zoning Division
C: Rachel Beasley,Planner,Zoning Services Section
Annis Moxam,Addressing Section
Ian Barnwell,PUD Monitoring
ZLTR-20160000899 Exhibit "A"
July 7,2016 Page 3 of 3