HEX Final Decision 2021-20 HEX NO. 2021-20
HEARING EXAMINER DECISION
DATE OF HEARING.
May 27, 2021
PETITION.
PL20200002484 Sabal Bay Tract N Comparable Use Determination - Request for a
determination that the proposed use of a new car dealership (SIC 5511) is comparable in
nature to other permitted uses in Section 5.3 of the Sabal Bay Mixed Planned Unit
Development (MPUD) adopted by Ordinance Number 21-4, as amended. The subject
property is 2.1+/- acres on the south side of Tamiami Trail East, approximately a quarter
mile southeast of Thomasson Drive within the Commercial/Office Tract CO of the Sabal Bay
MPUD in Section 19, Township 50 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests a determination that a proposed New Car Dealership (SIC 5511) is
comparable in nature to the currently allowed permitted principal uses in Section 5.3 of the Sabal
Bay MPUD Ordinance No. 21-04, as amended.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the
County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi-Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in-person.
5. The County introduced the application and made recommendations; Petitioner and/or
Petitioner's representative presented the Petition, followed by public comment.
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6. The County's Land Development Code Section 10.02.06. K. lists the criteria the Hearing
Examiner shall follow to determine whether a use is comparable in nature with the list of
permitted uses, and the purpose and intent statement of the zoning district, overlay or PUD.1
a. The proposed use possesses similar characteristics to other permitted uses in the zoning
district, overlay, or PUD, including but not limited to the following:
i. Operating hours:
Proposed operating hours: Operating hours are proposed to be 8 AM to 9 PM
Monday through Saturday and 10 AM to 6 PM on Sunday for sales. Hours for
service are proposed to be 7 AM to 6 PM Monday through Saturday and 10 AM to
6 PM on Sunday.
Pertaining to operating hours, the testimony and evidence presented at the hearing
and in the record show that these hours are similar to hours of other permitted uses
such as new or used motorboat sales, and automotive repair, rental, leasing and
parking services car leasing facilities. These hours are more restrictive than hours
generally associated with other permitted uses such as gas station or carwash. (See
Conditions of Approval below which limits operating hours as proposed.)
ii. Traffic volume generated/attracted:
Pertaining to traffic, the testimony and evidence presented at the hearing and in
the record show that the requested use is comparable. Specifically, county
transportation planning experts evaluated the proposed Comparable Use
Determination (CUD). The petitioner notes that the PUD currently allows retail
sales of motorboats and because the Institute of Transportation Engineers (ITE)
manual does not contain a specific use code-data set for this use it is logical that
ITE use code for an automobile dealership would be the most similar. The County
agrees with this logic but also note that the Sabal Bay PUD currently allows a wide
range of commercial office and retail uses, many of which are higher generators of
trips than the requested automobile dealership. Therefore, expert testimony and
evidence show that the proposed comparable use does not represent additional
transportation impacts beyond those already allowed by this PUD. That being said,
the project's development must comply with all other applicable concurrency
management regulations as part of a new Traffic Impact Statement (TIS) when
development approvals, including but not limited to any plats and or site
development plans, are sought.
'The Hearing Examiner's findings are italicized.
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iii. Type of vehicles associated with the use:
The petitioner indicates that new cars are associated with the proposed sales use.
As proposed, the site is expected to accommodate passenger vehicles, plus parts
delivery vehicles, plus auto delivery and pick-up vehicles. Loading or unloading
activities are required to be accommodated on site, and not in any public right-of-
way. The types of vehicles permitted uses, such as: used cars, trucks, utility trailers,
and recreational vehicles that are allowed to be available for rental and leasing;
new or used motorboats that are allowed to be available for sale; and new or used
mopeds and motorcycles that are allowed to be available for rental. (See
Conditions of Approval below for a restriction that loading and unloading occurs
on site and not in public right-of-way as proposed.) Therefore, the testimony and
evidence demonstrate an appropriate comparison under this criterion.
iv. Number and type of required parking spaces:
The LDC requires 1 parking space per 400 square feet of building area except
service/body shop buildings which require 3.5 spaces per service bay or 1 space
per 250 square feet, whichever is greater;plus 1 space per 2,000 square feet of
outdoor sales/display area. By comparison, a new car dealership requires less
parking compared to other permitted uses on the subject site, such as restaurant or
shopping center/general merchandise store. The petitioner has indicated that if a
luxury dealership goes forward, a request for an alternative parking calculation
may be requested as part of the SDP review process. (See Conditions of Approval
below requiring that vehicles be displayed for sale be indoors and outdoors to
minimize the appearance of a "sea of asphalt" along the U.S. 41 corridor.)
Therefore, the testimony and evidence demonstrate an appropriate comparison
under this criterion.
v. Business practices and activities:
As described above, the types of activities and hours proposed for a new car
dealership are comparable to those of currently permitted uses such as Automotive
repair, rental, leasing and parking services;gas station;carwash;boat dealership;
and leasing of recreational vehicles, mopeds, motorcycles, or utility trailers. (See
Conditions of Approval below establishing limits on outdoor amplified sound,
carwash openings, service area openings, and lighting to address potential impacts
of proposed activities.) Therefore, the testimony and evidence demonstrate an
appropriate comparison under this criterion.
b. The effect of the proposed use would have on neighboring properties in relation to the
noise, glare, or odor effects shall be no greater than that of other permitted uses in the
zoning district, overlay, or PUD.
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The testimony and evidence presented at the hearing and in the record show that this
criterion is satisfied. The subject site is surrounded by commercially designated parcels on
all sides, with exception of the canal and lake area to the south, beyond which is a
clubhouse and entrance road for the Isles of Collier Preserve. There are no immediately
abutting residentially used properties. The effect of the proposed new car dealership use
on neighboring properties would be comparable or less than that of automotive repair,
rental, leasing and parking services;gas station; carwash; boat dealership;and leasing of
recreational vehicles, trucks, mopeds, motorcycles, or utility trailers. Hours of operation
are less than a typical gas station or carwash which could potentially be 24 hours. (See
Conditions of Approval below which limits operating hours as proposed, and establish
limits on outdoor amplified sound, carwash openings, service area openings, and lighting
to address potential impacts of proposed activities.)
c. The proposed use is consistent with the GMP, meaning the applicable future land use
designation does not specifically prohibit the proposed use, and,where the future land use
designation contains a specific list of allowable uses,the proposed use is not omitted.
The testimony and evidence presented at the hearing and in the record show that this
criterion is satisfied. A New Car Dealership is a permitted use per the GMP given that the
site is within a Mixed Use Activity Center, and this is a permitted use within the C-4 zoning
district.
d. The proposed use shall be compatible and consistent with the other permitted uses in the
zoning district, overlay, or PUD.
The testimony and evidence presented at the hearing and in the record show that this
criterion is satisfied. The purpose statement of the Commercial/Office Section of the
MPUD states that "the general function and purpose of this Tract is to provide the
opportunity for diverse types of commercial activities delivering goods and services,
including entertainment and recreational attractions to many segments of the population. "
Of the twenty-six nonresidential use groups that are listed as permitted, the following uses
are indicative of the breadth and variety of type and intensity of currently permitted
commercial uses, which are typically allowable in the C-3 and C-4 Zoning Districts. As
stated above, the proposed new car dealership is comparable to currently permitted uses
in the applicable Commercial/Office Tract CO of the Sabal Bay MPUD such as Automotive
repair, rental, leasing and parking services; gas station; carwash; boat dealership; and
leasing of recreational vehicles, trucks, mopeds, motorcycles, and utility trailers.
e. Any additional relevant information as may be required by County Manager or Designee.
The testimony and evidence presented at the hearing and in the record show that this
criterion is satisfied. Topics reviewed for conditional use applications related to car
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dealerships include: controls on outdoor paging or amplified systems used as part of the
daily operations; location of enclosed service areas, with exception for entry/exit doors;
the number of service bays; operation hours; adequacy of buffer(s); location of gasoline
storage and/or fueling tanks; and means of delivery of automobiles. This petition is not a
conditional use petition, but to ensure compatibility of the proposed use, these topics are
addressed in the conditions outlined as part of the staff recommendation below.
It should be noted that an East Naples Community Development Plan dated October 2020
was accepted by the Board of County Commissioners at their October 27, 2020 meeting.
This plan is for a large study area that includes the subject site. The plan lays out guiding
principles for future advancement of policies, improvements, and standards supporting
balanced and good quality development; diverse and quality commercial uses;
beautification and green space; and transportation options.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 10.02.06.K.
of the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number CU-PL20200002484, filed by Bob
Mulhere, FAICP of Hole Montes, Inc. representing Collier Land Development, Inc., with respect
to the property as described in the Sabal Bay Mixed Planned Unit Development (MPUD),
Ordinance No. 21-4, as amended, for the following:
• A determination that the proposed use of a new car dealership(SIC 5511)is comparable in
nature to other permitted uses in Section 5.3 of the Sabal Bay Mixed Planned Unit
Development(MPUD) adopted by Ordinance Number 21-4, as amended.
Said determination is fully subject to the condition(s) set forth below.
ATTACHMENTS.
None.
LEGAL DESCRIPTION.
See Ordinance No. 21-4, as amended.
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CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. No outdoor amplified sound is permitted (does not apply to personal electronic devices).
3. If a carwash is to be an accessory use, each end of the carwash will have bay doors that
will remain closed during the entire wash cycle and will only be opened and closed for
entering or exiting vehicles.
4. Service areas must be enclosed, and doors will only be opened and closed for entering or
exiting vehicles.
5. Hours of operation will be limited to the following:
8 AM to 9 PM Monday through Saturday for Sales;
7 AM to 6 PM Monday through Saturday for Service; and
10 AM to 6 PM Sunday for both Sales and Service.
6. Off-loading of vehicles is prohibited within the public right- of-way. The site shall be
designed to accommodate vehicle delivery, and all loading and unloading shall occur
onsite.
7. Lighting:
a. Lighting will be shielded and directional to avoid glare on neighboring properties.
b. Illumination level at the property line shall not exceed 0.5 foot candles;
c. Display lighting will be reduced to a security level lighting after 11 PM. Security level
lighting will have a minimum lumens reduction of 50%;
d. All lighting will be flat panel fixtures;
e. Lighting on the perimeter of the project will utilize full cutoff shields; and
f. Lighting height will be limited to 20 feet.
8. Vehicles for sale shall be displayed indoors as well as outdoors.
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.
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APPEALS.
This decision becomes effective on the date it is rendered.An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
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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June 11, 2021
Date Andrew Dickman, Esq.,AICP
Hearing Examiner
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