HEX Final Decision 2016-34 HEX NO. 2016 -34
HEARING EXAMINER DECISION
PETITION NO. ZLTR(CUD)-PL20160001193 — 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 the Interchange Commercial Land Use District
under Section 3.1.A of the Gaspar Station CPUD, Ordinance No. 07-75, as amended.
The subject property is located on the south side of Immokalee Road, approximately one
quarter mile west of Interstate 75, in Section 30, Township 48 South, Range 26 East,
Collier County, Florida, consisting of 10.92± 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.J of the Land Development Code has been met and the petition should be
approved.
ANALYSIS:
No members of thepublic attended this meetingand no
objections have been received for this
J
application.
DECISION:
The Hearing Examiner hereby approves Petition No. ZLTR(CUD)—PL20160001193, filed by
Kristina Johnson of J.R. Evans Engineering, 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 the Interchange Commercial Land Use District under Section 3.1.A of the Gaspar Station
CPUD, Ordinance No. 07-75, as amended, on the property located at the southwest corner of the
intersection of Immokalee Road and Juliet Boulevard 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-01580/1281414/1]32 1 of2
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZLTR(CUD)—PL20160001193
LEGAL DESCRIPTION:
See the Gaspar Station CPUD, Ordinance No. 07-75, as amended.
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.
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.
L , 1,1
Date Mar Strain, Hearing Examiner
Appro d as to f and legality:
Scott°A. Stone
Assistant County Attorney
[16-CPS-01580/1281414/1]32 2 of2
Exhibit "A"
Page 1 of 3
Co _ ear County
Growth Management Department
Zoning Services Section
July 22,2016
Kristina Johnson,P.E.
J.R.Evans Engineering
9351 Corkscrew Road, Suite 102
Estero,Florida 33928
Re: Zoning Verification Letter ZLTR (CUD)-PL20160001193; Zoning Verification Letter —
Comparable Use Determination for 5302 Useppa Way; AKA: Gaspar Station Phase 1 Tract FD-2, Less
Gaspar Station Phase 2, in Section 30, Township 48 South, Range 26 East, of unincorporated Collier
County, Florida. Property ID/Folio Number: 34595001027.
Dear Ms. Johnson:
This letter is in response to a Comparable Use Determination (CUD) Application dated May 17, 2016,
that was submitted by you on the behalf of Justin Story/Tyler Cooper--Johnson Development Associates,
Inc.You have specifically requested a determination from the Planning Manager and affirmation from the
Office of the Hearing Examiner that the use of a self-storage/mini-warehouse (SIC 4225) is comparable
and compatible with the permitted uses in the Gaspar Station Commercial Planned Unit Development
(CPUD). Said application was accompanied by a cover letter,Narrative Statement, a Transportation Trip
Generation Comparison,CPUD Ordinance and Development Commitment Information.
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 PUD, more specifically the Gaspar
Station CPUD as established by Ordinance 07-75, as amended. The subject property comprises+/-10.92
acres and is located within an area dedicated "Interchange Commercial," as shown on the PUD Master
Plan. Allowable uses within the Interchange Commercial Land Use District are listed in Section 3.1.A. of
the CPUD document.
Based upon Staff's 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. Although a self-storage/mini-warehouse facility is not listed as a permitted use
in this CPUD, it may be deemed to be a permitted use pursuant to the provision contained in CPUD
Section 3.1.A.40 (Interchange Commercial Principal Uses) which permits "any other uses which are
comparable in nature with the foregoing uses and are approved through the process set forth in the LDC,
in effect at the time of the request for such use." 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 Gaspar Station CPUD as provided for in LDC Sections 2.03.00.A and 10.02.06.J.
Staff's analysis reveals that the permitted uses within the Interchange Commercial Land Use District
contain a mix of permitted uses from Commercial Professional and General Office District (C-1) to the
Heavy Commercial (C-5)base zoning districts. Some of these uses are also permitted within the Industrial
0 -
Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Exhibit"A"
Zoning VeriifcationLetter Page 2 of 3
ZLTR(CUD)-PL20160001193 g
Page 2 of 3
District (I). Furthermore, this CPDD has been determined to be located within Interchange Activity
Center Subdistrict (Activity Center#4) which allows for the same mixture of land uses permitted in the
Mixed Use Activity Center. 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).
Included with your application was a narrative statement of compatibility that analyzed the characteristics
of the proposed self-storage/mini-warehouse use with the commercial and office uses approved in the
Gaspar Station CPUD. You further note that CPDD allows "Used Automobile Sales,""Public Order and
Safety," and "Hotel/Motel" uses. This analysis 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 definition, staff is of the opinion that
that an indoor self-storage facility is consistent with the general description of project plan and proposed
land uses statement noted in Section 2.2 of the Gaspar Station CPUD that it be developed with a range of
interchanges commercial uses.
Staffs 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.
Staff concurs with your assessment that a Self Storage/Mini-warehouse is similar in nature to many of the
other uses permitted within the Gaspar Station CPUD in that the physical form of the building can be
designed to be similar in scale,but less intrusive than some of the large footprint uses that are allowable;
"Building Materials, Hardware and Garden Supplies, and Food Stores."
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 130-Room hotel use or a High-Turnover Restaurant of 8,000 square feet that can
be developed on the subject +1-2.12 acre property. Staff concurs with the study's findings that the
proposed self-storage use generates approximately 250 average daily trips (ADT) while a 130-Room
Hotel has a higher trip generation rate of approximately 1,160 ADT and a High-Turnover Restaurant of
7,000 square feet has a rate of 580 ADT. Staff concurs with the conclusion that a self-storage use is a less
intensive trip generator than both hotels and high-turnover restaurants and will have fewer impacts to the
Immokalee Road segment between I-75 and Livingston Road.
Staff also compared the function/classification of uses along with site design issues such as noise, odor,
and visual (building design) and finds 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.
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
Exhibit "A"
Zoning Verification Letter
ZLTR(CUD)-PL20160001193 Page 3 of 3
Page 3 of 3
impact the Livingston Lakes PUD to the south 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 Manager 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 Interchange
Commercial Land Use District of the Gaspar Station CPUD. 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)252-5719 or e-mail: johnkelly@colliergov.net.
Researched and prepared by: Reviewed by:
774 ✓✓� r--
Jo A.Kelly, lanner Raym Bellows,Zoning Manager
Zoning Services Section Zoning Services Section
C: GMD-Addressing Section
GMD-PUD Monitoring