HEX Final Decision 2021-61 HEX NO. 2021-61
HEARING EXAMINER DECISION
DATE OF HEARING.
November 12,2021
PETITION.
PETITION NO. PCUD - PL20210001555 - Westview Plaza PUD 3600 Westview Dr. -
Request for a determination that the proposed use of indoor automobile repair facility (SIC
7532) is comparable in nature to other permitted uses in Section 2.2.a of the Westview Plaza
Planned Unit Development (PUD) adopted by Ordinance Number 83-45, as amended. The
subject property is located at 3600 Westview Drive,Westview Plaza Replat Lot 9, in Section
1,Township 50 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests to convert the existing building into an indoor automobile repair facility
for luxury automobiles, SIC 7532 (limited to restoration body work, painting, and detailing).
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. Per LDC Section 10.03.06.0 and the Administrative Code the following notice procedures are
required for: Newspaper Advertisement prior to the advertised public hearing in accordance
with F.S. § 125.66. This requirement was satisfied by county staff on or about October 22,
2021. A Comparable Use Determination petition does not require an Agent Letter, Property
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Owner Notification Letter,Neighborhood Information Meeting,or the posting of a sign on the
property.
6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections to the Petition at the public hearing.
7. The County's Land Development Code Section 10.02.06.K lists the criteria for a comparable
use determination. The Hearing Examiner may approve a comparable use determination based
on the following standards, as applicable.i
1. The proposed use possesses similar characteristics to the other permitted uses in the zoning
district, overlay, or PUD, including but not limited to the following:
i. Operating hours.
• The record evidence and testimony from the public hearing reflects that there are
no restrictions for operating hours for any land use within the Westview Plaza
PUD; however, the restoration vehicle repair facility would generally operate
between the hours of 7.•00 A.M. to 6:00 P.M.
ii. Traffic volume generated/attracted.
• The record evidence and testimony from the public hearing reflects that traffic
volume is anticipated to be no greater than for other permitted uses within the
PUD. Vehicles to be serviced will be driven or delivered to the site and dropped
off until such time as services can completed. The facility is limited to a paint
booth and five service lifts. As a high-end facility, the focus is on providing
precision work and not volume.
iii. Type of vehicles associated with the use.
• The record evidence and testimony from the public hearing reflects those services
will be limited to high-end luxury vehicles such as, but not limited to,
Lamborghini, Ferrari, Maserati, Lotus, BMW, Alfa Romeo, Karma and Jaguar.
Said vehicles will typically be hauled or driven in for service; therefore, tow
trucks and passenger type vehicles can also be anticipated
iv. Number and type of required parking spaces.
• The record evidence and testimony from the public hearing reflects that as per
Section 2.5 of the Westview Plaza PUD, the applicant must follow the parking
requirements contained within LDC Section 4.05.02. The applicant states that the
proposed facility will not function like a typical auto service center and as such
parking demands will be less. Because services are limited to luxury and exotic
1 The Hearing Examiner's findings are italicized.
Page 2 of 6
vehicles only, the time spent on each vehicle is greater which results in fewer
vehicles being repaired. Given the value of the vehicles to be serviced, they will
typically be stored within the building. Outside parking spaces will be used by
employees and patrons who will drop off and retrieve their vehicles; customers
will not wait for their vehicles. Should it be determined the subject use is
comparable to other uses permitted within the PUD, the applicant intends to seek
a determination pursuant to LDC Section 4.05.04.F that the proposed luxury
services are unique and that the County Manager, or designee, may determine
the minimum parking requirement.
v. Business practices and activities.
• The record evidence and testimony from the public hearing reflects that the
petitioner owns and operates an exotic and luxury car sales facility nearby and
desires to use the subject property for performing restoration body repair and
service for like automobiles. All services would be conducted within the confines
of the existing fully enclosed 19,000 square foot building; service bay doors will
be closed during the servicing of said vehicles. Services are limited to high end
exotic and luxury vehicles, as previously described. Hours of operation will
typically be between 7:00 A.M. and 6:00 P.M Monday through Saturday. The
facility will have a single paint booth and no more than five service lbs. The
anticipated number of vehicles to be serviced on any given day will vary;
however, it is projected to be 10 to 12.
2. The effect 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.
• The record evidence and testimony from the public hearing reflects that all work
is to be performed within the confines of a fully enclosed building. The existing
site was developed in accordance with an approved SDP and no alterations to
exterior lighting are proposed; therefore, no additional glare (if any) is
anticipated
3. 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 record evidence and testimony from the public hearing reflects that as per
the Future Land Use Map (FLUM) of the Collier County Growth Management
Plan (GMP), the subject property is located within the Urban Residential
District, Urban Residential Subdistrict. The existing PUD has been deemed
consistent with the GMP by Policy 5.11 of the Future Land Use Element(FLUE)
as "improved property" under the County's former Zoning Reevaluation
Process. The proposed use is not prohibited under the GMP.
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4. The proposed use shall be compatible and consistent with the other permitted uses in the
zoning district, overlay, or PUD.
• The record evidence and testimony from the public hearing reflects that the
proposed use of the existing building to perform restoration body work,painting
and cosmetic detailing for luxury and exotic passenger vehicles is compatible
with other uses existing within the Westview Plaza PUD and is consistent with
other uses permitted in the PUD. The equipment used is like that which is used
for high technology precision manufacturing, a permitted use within the PUD.
Laboratories are permitted subject to the same standards for manufacturing with
the additional provision that all work be conducted within an enclosed structure.
The PUD also permits research and design and development activities, subject to
the same standards for laboratories. The use is a low intensity use and generates
fewer vehicle trips than other permitted retail and services uses within the PUD.
The proposed use is no more intense than the precision manufacturing,
laboratory, and repair uses that are allowable within the PUD and is comparable
in nature to the functions that could occur in association with said uses.
5. Any additional relevant information as may be required by County Manager or Designee.
• The record evidence and testimony from the public hearing reflects that
compatibility is defined within 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. " Compliance with the LDC architectural
and landscape requirements, in combination with applicable PUD development
regulations, assist in ensuring compatibility.
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 PCUD-PL20210001555, filed by D.
Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. representing Motorspots Storage,
LLC, with respect to the property described as Parcel/Folio No. 81570360008, located at 3600
Westview Drive and is further identified as Westview Plaza Replat Lot 9, in Section 1, Township
50 South, Range 25 East, Collier County,Florida, for the following:
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• Request for a determination that the proposed use of indoor automobile repair facility
(SIC 7532) is comparable in nature with the permitted uses in Section 2.2.A of the
Westview Plaza Planned Unit Development(PUD), Ordinance 83-45, as amended.
Said changes are fully described in the Site Plan attached as Exhibit "A" and are subject to the
condition(s) set forth below.
ATTACHMENTS.
Exhibit A—Site Plan
LEGAL DESCRIPTION.
Parcel/Folio No. 81570360008, located at 3600 Westview Drive and is further identified as
Westview Plaza Replat Lot 9, in Section 1, Township 50 South, Range 25 East, Collier County,
Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Any outside parking of vehicles to be serviced shall be temporary and will not use or
obstruct required parking spaces.
3. Approval of this PCUD shall not relieve the petitioner of pursuing an Administrative
Parking Reduction (APR), if required, prior obtaining a Zoning Certificate to conduct
business.
4. Any alteration to existing parking areas shall require SDP approval.
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. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
Page 5 of 6
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.
/.2,001.-1—....-----
December 10, 2021
Date Andrew Dickman, Esq.,AICP
Hearing Examiner
Page 6 of 6
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