HEX Final Decision 2016-40 HEX NO. 2016 —40
HEARING EXAMINER DECISION
PETITION NO. ZLTR(CUD)-PL20160002442 —Global Properties of Naples, LLC 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 air conditioned self-storage/mini-warehouse (SIC 4225) greater than 65,000
square feet of gross floor area is comparable in nature to those uses permitted to exceed
65,000 square feet of gross floor area, including group care facility, physical fitness facility,
hotel, and department store, in Tract MU, Mixed-Use Development, under Section I.B of
the Vincentian Village MPUD, Ordinance No. 2015-33, as amended. The subject property
is located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32,
Township 50 South, Range 26 East, Collier County, Florida, consisting of±30.68 acres.
DATE OF HEARING: December 8, 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:
Other than the applicant, 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)-PL20160002442, filed by
Robert J. Mulhere, FAICP, of Hole Montes, representing Global Properties of Naples, LLC,
requesting affirmation of a zoning verification letter determining that the proposed use of indoor
air conditioned self-storage/mini-warehouse (SIC 4225) greater than 65,000 square feet of gross
floor area is comparable in nature to those uses permitted to exceed 65,000 square feet of gross
floor area, including group care facility, physical fitness facility, hotel, and department store, in
Tract MU, Mixed-Use Development, under Section I.B of the Vincentian Village MPUD,
[16-CPS-01595/1301893/1118 1 of 2
Ordinance No. 2015-33, as amended, 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 ZLTR (CUD)-PL20160002442
LEGAL DESCRIPTION: See Ordinance No. 2015-33, as amended, the Vincentian Village MPUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. This use is limited to enclosed, indoor air conditioned self storage.
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.
- SOIL, �; 'G�e,(_\ 6/
Date Mark Strain, Hearing Examiner
Appnved as form and legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01595/1301893/1118 2 of 2
Co . .j
• Growth Management Department— Planning & Regulation
Zoning Services Division
November 15,2016
Bob Mulhere, FAICP
Hole Montes
950 Encore Way
Naples, Florida 34110
Re: Zoning Verification Letter ZLTR (CUD)-PL20160002442; Zoning Verification Letter–Comparable Use
Determination for the Vincentian Village MPUD, 11480 Tamiami Trail East, located within in Section 32,
Township 50 South, Range 26 East,of unincorporated Collier County, Florida. Property ID/Folio: 00439880008.
Dear Mr. Mulhere:
This letter is in response to a Comparable Use Determination (CUD) Application dated September 12, 2016,
which was submitted by you on the behalf of your client, Global Properties of Naples, LLC—Christopher
Shucart, Manager. You have specifically requested a determination from the Zoning Manager and affirmation
from the Office of the Hearing Examiner that the use of an indoor air-conditioned self-storage/mini-warehouse
facility, Standard Industrial Code(SIC #4225)greater than 65000 square feet of gross floor area is comparable in
nature to those uses permitted to exceed 65,000 square feet of gross floor area, including group care facility,
. physical fitness facility, hotel, and department store, in Tract MU, Mixed-Use Development, under Section I.B of
the Vincentian Village MPUD,Ordinance No. 2015-33, as amended.
Based upon staff's review of the current Official Zoning Atlas, an element of the Collier County Land
Development Code (LDC), Ordinance 04-41, as amended, I can confirm that the subject property has a zoning
designation of the Vincentian Village MPUD. The permitted uses within this MPUD are listed in Exhibit A.I.B.
Commercial Uses which includes the#64 reads as follows: "any other principal use which is comparable in nature
with the forgoing list of permitted principal uses, as determined by the board of Zoning Appeals or the Hearing
Examiner by the process outlined in the LDC."
In addition, you have compared the proposed use with the list of permitted uses approved in the Vincentian
Village MPUD as follows:
1. The proposed Self-Storage/Mini-warehouse use, if limited to indoor air-conditioned only facility, is similar in
nature to many of the other uses permitted in the subject PUD, in terms of building scale,and physical form.
2. The PUD allows a number of other uses which are also permitted in C-5 zoning and which are more intense in
terms of traffic generation and many other potential impacts, including light, noise, and odor. These uses
include,but are not limited to the following:
• Auto and Home Supply Stores(5531);
• Automotive services (7549) except that this shall not be construed to permit the activity of wrecker
service(towing)automobiles,road and towing service;
• Department stores(5311)-Permitted to exceed the PUD cap of 65,000 square feet;
• • Hospitals(8062);
• Hotels(7011,hotel only), limited to 150 rooms-Permitted to exceed the PUD cap of 65,000 square feet;
• Motion picture theaters(7832);
PL20160002442 Exhibit "A"
Page 1 of 2
3. The air-conditioned self-storage/mini warehouse use is subject to the LDC architectural standards, including
standards specifically applicable to this use(which address issues of compatibility).
is4. The use is limited to indoor storage only.
Lastly, you indicate have provided a traffic analysis of the trip generation of hotels (a permitted use within this
MPUD)to an indoor air-conditioned self-storage use.This analysis indicates that a 150 room hotel is estimated to
generate 1,334 daily trips, with 87 AM peak hour trips and 91 PM peak hour trips. In comparison, a 100,000
square foot indoor self-storage facility is estimated to generate 250 daily trips with only 14 AM peak hour and 25
PM peak hour trips. Thus,an indoor air-conditioned self-storage/mini-warehouse 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 an indoor air-conditioned self-storage/mini-warehouse is comparable and
similar in nature to the other permitted uses within this MPUD and which may exceed 65,000 square feet of gross
floor area, in terms of building scale, physical form, intensity and business character, but less intrusive than those
uses in terms of traffic, noise, odors, solid waste generation, and lighting. Furthermore, compliance with the
architectural, site-design, and landscaping requirements ensures that the facility will be similar in nature to the
other listed PUD uses that are permitted to exceed 65,000 square feet.
Therefore, staff confirms that an indoor air-conditioned self-storage/mini warehouse (SIC 4225) use is deemed to
be comparable to the other permitted uses identified as permitted uses within the within the Vincentian Village
MPUD and which are not subject to the maximum 65,000 square foot limitation. 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
ip 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: raybellowscolliergov.net.
Researched and prepared by: Reviewed by:
Ra r Be ows, Planning Manager Michael Bosi, AICP, Zoning Director
Zoniirg. Services Section Planning&Zoning Division
C: Heidi Ashton-Cicko, Assistant County Attorney
Annis Moxam, Addressing Section
Ian Barnwell, PUD Monitoring
411
PL20160002442 Exhibit "A"
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