HEX Final Decision 2022-17HEX NO. 2022-17
HEARING EXAMINER DECISION
DATE OF HEARING.
March 24, 2022
PF.TTTI"N
Petition No. CUD-PL20210001966 - Mod Wash Comparable Use Determination - A request
for a comparable use determination that a new automated carwash is comparable,
compatible, and consistent with the list of permitted uses in section 4.4.A of the Artesa Pointe
Planned Unit Development, Ord. No. 03-46, as amended. The proposed development is on a
vacant f1.01-acre parcel, folio no. 81076000095, at the southeast quadrant of the intersection
of Collier Boulevard and Pasedo Drive, approximately one-half mile south of Tamiami Trail
East, in Section 3, Township 51 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner desires to construct a new automated car wash on the subject parcel which is
currently going through Site Development Plan (SDP) process (PL20210001098). The
undeveloped ±1.01-acre site is Outparcel #1 in the commercial section of the Artesa Point PUD
which includes a Wa1Mart Superstore.
STAFF RECOMMENDATION.
Approval with conditions.
FTNTITNC C
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. A newspaper advertisement for the Hearing Examiner public meeting is the only notice
required per Administrative Code (Chapter 3L), and LDC § 10.03.06.0 in accordance with F.S.
Page 1 of 6
§ 125.66. The newspaper advertisement posted in the Naples Daily News on May 4, 2022. Per
LDC and Administrative Code a Neighborhood Information Meeting (NIM), posting of a sign
on the subject property, and a mailing to surrounding property owners is not required.
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 six speakers at the public hearing, including the owners and
employees of Dolphin Auto Spa Express Car Wash located at 6240 Collier Boulevard, Naples,
Florida, who provided objections to the Petition generally based on economic competition,
location, high volume of traffic, noise, pollution, and distance from Dolphin Auto Spa Express
Car Wash. Dolphin Auto Spa Express Car Wash is located approximately .7 miles from the
proposed car wash. Craig D. Blume, Esq. submitted a letter of objection dated September 8,
2021, and another letter dated March 23, 2022, which was made available to the Hearing
Examiner at the March 24th meeting. As such, attorney for Petitioner was given additional
time to respond to Mr. Blume's second letter. Attorney Jeff Wright represented the Petitioner
along with urban planner Ken Gallander, AICP and transportation engineer Yury Bykau, P.E.
It is important to note that generally in a quasi-judicial hearing, expert and layperson testimony
is permissible for consideration to the extent it is relevant to the applicable criteria. Attorneys
are restricted to legal arguments. While the points made by the various representatives of
Dolphin Auto Spa Express Car Wash are clear, the clear message is that they are concerned
about the economic impact on their business. Collier County Code, Land Development Code,
and Administrative Code has no provisions that require distance separation among car washes,
nor are those codes designed to regulate economic competition among car wash businesses.
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.1
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:
Operating hours.
The record evidence and testimony from the public hearing reflects that the
applicant will restrict the operating hours from 8:00 a.m. to 8:00 p.m. The
existing supercenter store is open between 6:00 a.m. and 11:00 p.m.; the gas
station/convenience store is open from 5:30 a.m. to 10:30 p.m. Both stores are
open 5 hours more per day or 35 hours per week than the proposed car wash.
The car wash is less intensive yet compatible with other uses in the PUD based
on hours of operation.
ii. Traffic volume generated/attracted.
The record evidence and testimony from the public hearing reflects that The
Institute of Transportation Engineers (ITE) Trip Generation Manual IOth Edition
'The Hearing Examiner's findings are italicized.
Page 2 of 6
lists the weekday PMpeak hour number of trips for an automated car wash (ITE
#948) at 78 total trips. Similarly, the number of trips for a free-standing discount
superstore (ITE #813) is 703 net trips after subtracting pass -by trips per County
Traffic Impact Statement (TIS) guidelines; and the number of net trips for a
convenience market with gasoline pumps (ITE 853) is 111). These numbers
indicate that the proposed car wash will generate significantly fewer trips per
hour. Based on the ITE manual, the carwash is expected to generate 89 percent
less trips than the superstore, and 30 percent less than the convenience market.
iii. Type of vehicles associated with the use.
The record evidence and testimony from the public hearing reflects that The types
of vehicles that will use the car wash are the same type as will visit either the
superstore or gas station/convenience store. In addition, large semi -trucks, box
trucks and other vehicles greater than seven feet two inches (7' 2') will not be
able to use the carwash due to ceiling height of the building. Too, there will be a
greater number of semi -trucks and tank trucks delivering to both the superstore
and convenience market.
iv. Number and type of required parking spaces.
The record evidence and testimony from the public hearing reflects that the
subject parcel is included in a "Declaration of Easements with Covenants and
Restrictions Affecting Land" which has a nonexclusive reciprocal easement over,
through and around the common areas that includes sharing the more than 1,000
parking spaces. LDC §4.05.04. G requires one parking space per employee of the
largest shift for an automatic car wash. There will be four employees working on
the largest shift. The four required spaces are not explicitly shown of the site
plan; however, the Declaration is referenced to explain why these spaces are not
shown.
V. Business practices and activities.
The record evidence and testimony from the public hearing reflects that the
proposed car wash is intended to serve the surrounding residential population as
do the existing superstore, convenience story with gasoline pumps and other
permitted uses in the PUD. The carwash will add an additional service to those
already in existence. The hours of operation will allow residents and visitors to
have their cars washed at a time convenient to them while not exceeding the hours
of other uses currently in the PUD.
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.
Page 3 of 6
The record evidence and testimony from the public hearing reflects that given
that there will consistently be more cars visiting the superstore than the carwash,
glare created by cars waiting in line to be washed will be significantly less than
the superstore. Odors that may be created by the carwash will be limited to
soap/cleaning related smells. Odors that may be created by the convenience
store/gas station will be related to oil and gasoline. In general, soap/cleaning
odors are less onerous than oil and gasoline odors. Seibein Acoustic conducted
a sound analysis for another, similar Mod Wash facility which included an area
map overlaid with a noise contour map. One conclusion of the study is that the
carwash facility examined would meet the requirements of noise ordinances in
many suburban counties where the threshold tends to be 60-65 decibels. For the
proposed carwash facility, there are approximately a dozen homes within 500
feet of the proposed carwash with no home being closer than approximately 330
feet. While admittedly a rough approximation, applying the noise contour map to
the proposed project area shows the decibel level 330 feet from the carwash being
less than 60 decibels. These homes also sit outside of the PUD, on the opposite
side of Collier Blvd., a busy six -lane road that generates significant noise from
traffic. The carwash is also located in the vicinity of a Murphy s gas
station/convenience store and WalMart superstore. The noise generated by the
carwash will not exceed that of the other surrounding uses and roads. The
applicant has committed to mitigating noise associated with the carwash
operations that are determined to exceed 80 decibels.
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 the
proposed use is permitted in the Henderson Creek Mixed -Use Subdistrict of the
FLUE which states that, "the maximum intensity of commercial uses are those
allowed in the C-4, General Commercial, Zoning District". Car washes are
classified under SIC 7542 which is a permitted use in C-4 Districts subject to the
requirements of LDC §5.05.11 when, and if, the carwash abuts a residential
district.
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 is on the east side of Collier Blvd., south of Tamiami Trail; and as
stated above, compatible, and consistent with other permitted uses in commercial
tract of the PUD. Within the PUD, the closest residential dwelling is
approximately 900 feet from the carwash with the superstore acting as a sound
buffer for much of the residential section of the PUD.
Page 4 of 6
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 is not
required.
ANALYSTS.
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 this Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PCUD-PL20210001966, filed by
Kendrick Gallander, AICP of RWA, Inc. representing Rook at Naples, LLC and ModWash, LLC,
with respect to the property described as ±1.01-acre undeveloped parcel (#81076000095) without
an official street address and located in the southeast quadrant of the intersection of Collier
Boulevard and Pasedo Drive approximately one -quarter mile south the intersection of Collier
Boulevard and Tamiami Trail East (US 41) in Section 3, Township 51 South, Range 26 East,
Collier County, Florida, for the following:
A request for a determination that the proposed use of a new automated car wash (SIC
7542) is comparable in nature to the list of permitted uses in Section 4.4 (Commercial
tract) of the Artesa Point Planned Unit Development (PUD) adopted by Ordinance
Number 03-46, as amended.
Said changes are fully described in the Site Plan and Survey attached as Exhibit "A" and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Site Plan and Survey
LEGAL DESCRIPTION.
The subject property is ±1.01-acre undeveloped parcel (#81076000095) without an official street
address and located in the southeast quadrant of the intersection of Collier Boulevard and Pasedo
Drive approximately one -quarter mile south the intersection of Collier Boulevard and Tamiami
Trail East (US 41) in Section 3, Township 51 South, Range 26 East, Collier County, Florida
Page 5 of 6
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Hours of operation will be limited to Monday through Sunday from 8:00 a.m. to 8:00 p.m.
3. The applicant shall commit to mitigating noise associated with the carwash operations that
are determined to exceed 80 decibels 100 feet from the building.
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.
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.
April 22, 2022
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
ACCESS DRIVE (PASEDO)
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LINE TABLE
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60.06'
L2
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38.60'
L3
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L4
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L5
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LINE
BEARING (C
DISTANCE (C)
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L 10
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54.83'
L 12
L 13
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