HEX Agenda 05/26/2022Collier County Hearing Examiner Page 1 Printed 5/19/2022
COLLIER COUNTY
Collier County Hearing Examiner
AGENDA
Growth Management Department
Conference Rooms 609/610
2800 Horseshoe Drive North
Naples, FL 34104
May 26, 2022
9: 00 AM
Andrew W. J. Dickman, Esq., AICP
Hearing Examiner
Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing
Examiner. Persons Wishing to have written or graphic materials included in the hearing report
packets must have that material submitted to County staff at Thomas.Clarke@CollierCountyFL.gov
10 days prior to the Hearing. All materials used during presentation at the hearing will become a
permanent part of the record.
Any person who decides to appeal a decision of the Hearing Examiner will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County
Commissioners.
Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public
comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days.
Persons wishing to receive a copy of the decision by mail may supply County staff with their name,
address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an
electronic copy of the decision may supply their email address.
May 2022
Collier County Hearing Examiner Page 2 Printed 5/19/2022
1. Pledge of Allegiance
2. Review of Agenda
3. Advertised Public Hearing
A. Petition No. PL20220000485 CUD - A request for a comparable use determination that a
food pantry is comparable, compatible, and consistent with the list of permitted uses in
Section 5.3 of the U.S. 41 Wiggins Pass Road Planned Unit Development (PUD), Ord. No.
97-46, as amended. The proposed use will occupy 13510 Tamiami Trail North Unit #2 which
is a ±1,650 square foot commercial bay located within an existing strip mall and part of the
U.S. 41 Wiggins Pass Road PUD. The PUD is at the southeast quadrant of the intersection
of Tamiami Trail North and Wiggins Pass Road in Section 15, Township 48 South, Range
25 East, Collier County, Florida. [Coordinator: Eric Ortman, Principle Planner]
Commissioner District 2
4. Other Business
5. Public Comments
6. Adjourn
05/26/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.A
Item Summary: Petition No. PL20220000485 CUD - A request for a comparable use
determination that a food pantry is comparable, compatible, and consistent with the list of permitted uses
in Section 5.3 of the U.S. 41 Wiggins Pass Road Planned Unit Development (PUD), Ord. No. 97 -46, as
amended. The proposed use will occupy 13510 Tamiami Trail North Unit #2 which is a ±1,650 square
foot commercial bay located within an existing strip mall and part of the U.S. 41 Wiggins Pass Road
PUD. The PUD is at the southeast quadrant of the intersection of Tamiami Trail North and Wiggins Pass
Road in Section 15, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Eric
Ortman, Principle Planner] Commissioner District 2
Meeting Date: 05/26/2022
Prepared by:
Title: Principal Planner – Zoning
Name: Eric Ortman
05/02/2022 7:51 AM
Submitted by:
Title: – Zoning
Name: Mike Bosi
05/02/2022 7:51 AM
Approved By:
Review:
Zoning Eric Ortman Zoning Director Review Skipped 04/25/2022 10:29 AM
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 05/02/2022 2:54 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 05/06/2022 5:14 PM
Zoning Ray Bellows Review Item Completed 05/13/2022 2:39 PM
Zoning Mike Bosi Review Item Completed 05/18/2022 1:47 PM
Hearing Examiner Andrew Dickman Meeting Pending 05/26/2022 9:00 AM
3.A
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Helping Hands Food Pantry - CUD-PL20220000485 Page 1 of 8
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: MAY 26, 2022
SUBJECT: HELPING HANDS FOOD PANTRY, COMPARABLE USE
DETERMINATION (CUD), CUD-PL20220000485
______________________________________________________________________________
PROPERTY OWNER/AGENT:
Applicant/Owner: Agent:
Helping Hands Pantry, INC Patrick Vanasse, AICP
13510 Tamiami Trail N, Suite 2 RWA Engineering
Naples, FL. 34110 6610 Willow Park Dr., Suite 200
Naples, FL. 34109
REQUESTED ACTION:
Request for a determination that a proposed food pantry is comparable in nature with the list of permitted
uses in Section 5.3 of Ordinance Number 97 -46, as amended, (Attachment A) which is the governing
document of the U.S. 41/Wiggins Pass Road Planned Unit Development (PUD). The subject property is a
±1,650 square-foot commercial unit within the ±9.04-acre PUD located in the southeast quadrant of the
intersection of Tamiami Trail North (U.S. 41) and Wiggins Pass Road in Section 15, Township 48 South,
Range 25 East, Collier County, Florida.
GEOGRAPHIC LOCATION:
The commercial unit (Unit 2) is one of multiple units at 13510 Wiggins Pass Road; there are two other
buildings in the PUD, a similar multi-unit building and a single tenant building which is occupied by a
Walgreens. The subject property is in the southeast quadrant of the intersection of Tamiami Trail North
(U.S. 41) and Wiggins Pass Road in Section 15, Township 48 South, Range 25 East, Collier County,
Florida. (See location map page 2).
3.A.a
Packet Pg. 4 Attachment: Staff Report Food Pantry CUD-PL20220000485 Revised 5-13-22 (22032 : Helping Hands Food Pantry Comparable Use)
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Packet Pg. 5 Attachment: Staff Report Food Pantry CUD-PL20220000485 Revised 5-13-22 (22032 : Helping Hands Food Pantry Comparable Use)
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SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties surrounding
the subject property which is a Planned Unit Development (PUD).
North: Commercial PUD (1), General Commercial (C-4) (2), and Mobile Home (MH) (3).
East: Travel Trailer-Recreational Vehicle Campground (TTRVC) (4).
South: Commercial Convenience (C-2) (5), and Mobile Home (MH) (6).
West: Commercial PUD (7), and General Commercial (C-4) (8).
Collier County GIS
PURPOSE AND DESCRIPTION OF PROJECT:
The commercial unit is currently in operation as the Helping Hands food bank and will continue to be used
solely as a food bank. Food will not be prepared or served, and no housing will be provided. The ±1,650
square-foot space will be used to accept food donations, assemble food items into boxes/bags for
distribution, for limited shelf stocking for customer selection, and administrative functions.
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Packet Pg. 6 Attachment: Staff Report Food Pantry CUD-PL20220000485 Revised 5-13-22 (22032 : Helping Hands Food Pantry Comparable Use)
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There will be a maximum of five employees at any given time who may work between the hours of 8:00
a.m. and 5:00 p.m. The applicant has committed to the following operating hours for food drop-offs and
distributions with the caveat that caveat that on the set days for drop-offs and distributions, hours may be
extended by ±1 hour should there be extenuating circumstances. Outside these hours only employees will
be on site.
Wednesday – Food drop-off and donations only from 9:00 a.m. to 1:30 p.m.; and
Saturday – Food drop-off and donations only from 9:00 a.m. to 1:00 p.m.; and
Friday – Food distribution only from 10:00 a.m. to 1:00 p.m.
The food bank manager estimates that approximately 70 percent (70%) of the food distributed is pre -
packaged for distribution. The remaining 30 percent (30%) is on shelves for customers to take. Per the food
bank manager, the average time between a person entering and leaving is estimated to be from five (5) to
ten (10) minutes; on Friday, March 11, 2022, 52 individuals/families were served over the three-hour
period, an average of 17 people per hour.
STAFF ANALYSIS:
The subject property has a Future Land Use Designation of Urban Residential, Mixed-Use Activity Center
#20 – U.S. 41 and Wiggins Pass Road in the Future Land Use Element (FLUE p. 61-63, Attachment B).
Mixed-Use Activity Centers are intended to be mixed-use in character and are generally intended to be
developed at a human-scale, to be pedestrian-oriented, and to be interconnected with abutting projects
whether commercial or residential. Allowable land uses in Mixed-Use Activity Centers include the full
array of commercial uses, residential uses, institutional uses, hotel/motel uses at a maximum density of 26
units per acre, community facilities, and other land uses as generally allowed in the Urban designation.
The U.S. 41/Wiggins Pass Road PUD permits a wide range of retail and service uses including food stores,
eating and drinking places, lawn and garden supply stores, and automobile rental, repair, and service. Child
day care services which fall under SIC Major Group 83 – Social Services – are also permitted. The SIC
system does not have a direct classification for food pantries. The North American Industry Classification
System (NAICS) is another system, not unlike to the SIC, used by federal agencies in classifying businesses.
NAICS Code 624210 is for Community Food Services and includes food pantries. The NAICS and SIC
may be cross-referenced with each other; the SIC cross-reference for NAICS 624210 is 8322 – Individual
and Family Social Services which is a broad group including helping hands service, meal delivery
programs, and neighborhood multi-service centers.
The activities of a former PUD tenant – Bonita Bridge Club - resulted in an ongoing parking challenge for
other tenants in the PUD. Since the Bonita Bridge Club left the PUD, there have been no parking related
code enforcement issues. Given the previous parking challenges, zoning staff conducted a site visit on
Friday, March 18, 2022 between 12:00 p.m. and 12:30 p.m. to observe parking demand and supply. There
are 50 paved parking spaces at the front of the building that the subject property is in. There are an additional
dozen or so unpaved and unmarked spaces behind the shopping center that appear to be used for deliveries
and employees working in the shopping center. Two counts of parked cars were done during the site visit.
The first count had 33 of the 50 spaces (66%) occupied; for the second count, 28 spaces (56%) were being
used. Representative photos are included as Attachment C.
Eleven groups entered Helping Hands during the observation. (A group is one or more individuals together.)
Eight of the groups were in and out of the pantry in five minutes or less, two groups were inside between
five and ten minutes; and one group was in the food pantry for more than 10 minutes. Ten of the 11 groups
parked in the middle rows of spaces or farther away from the entrance and did not park directly in front of
3.A.a
Packet Pg. 7 Attachment: Staff Report Food Pantry CUD-PL20220000485 Revised 5-13-22 (22032 : Helping Hands Food Pantry Comparable Use)
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the stores in the shopping center. The building that contains Helping Hands also includes three restaurants,
two nail/hair salons, and a community center. There is one vacant unit in the building.
Per LDC §10.02.06.K, a Comparable Use Determination (CUD) process is to be used to determine whether
a specified use is comparable in nature with the list of permitted uses and the purpose and intent statement
of the specified zoning district, overlay, or PUD. After staff evaluation of the criteria in LDC §10.02.06.K.2
the results are presented at a public hearing for the purposes of approval, approval with conditions, or denial.
LDC §10.02.06.K Criteria listed in bold with staff analysis in regular font.
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:
The applicant is willing to commit to the hours shown below with the caveat that on the set days for
drop-offs and distributions, hours may be extended by ±1 hour should there be extenuating
circumstances.
Wednesday – Food drop off and donations only from 9:00 a.m. to 1:30 p.m.; and
Saturday – Food drop off and donations only from 9:00 a.m. to 1:00 p.m.; and
Friday – Food distribution only from 10:00 a.m. to 1:00 p.m.
Outside of the hours listed above, between Monday and Friday from 8:00 a.m. until 5:00 p.m. staff
may be present to organize/pack food supplies, limited prep time for food distribution, and
administrative work.
By comparison, Walgreens is open from 8:00 a.m. to 10:00 p.m. and the Noodle Saigon Restaurant
is open from 11:00 a.m. to 9:00 p.m. Helping Hand’s hours of operation are less than other businesses
in the PUD with the public’s limited access to the pantry beginning after Walgreens opens and ending
well before Noodle Saigon closes.
ii. Traffic Volume Generated/Attracted:
The Institute of Transportation Engineers (ITE) Trip Generation Manual 10 th Edition is the industry
standard used to determine PM Peak-Hour Trips. In the case of Help Hands, the ITE manual cannot
be used as it is not open to the public during the PM Peak Hour.
The ITE Manual does not contain a land use code for food pantries. To get a rough idea of what the
PM Peak Hour might look like if Helping Hands was open during this time, the applicant used the
trip generation rate for a small, 1,650 square-foot office building (ITE Code 712) as a proxy and
compared it to the trip generation rates for a pharmacy/drugstore with drive-through and high
turnover (ITE Code 881) and a high turnover sit-down restaurant (ITE Code 932) Staff added the trip
generation rate for casual restaurants (ITE Code 930). The results are shown below and show that a
small office building generates significantly fewer trips.
ITE Land Use and Code Size (sq.
ft.)
Weekday PM Peak
Hour Average Rate
Small office building 712 1,650 6.15
Pharmacy/drugstore with drive-through and high turnover 14,500 164.14
High Turnover Restaurant 932 1,558 27.12
Casual Restaurant 933 1,000 12.55
3.A.a
Packet Pg. 8 Attachment: Staff Report Food Pantry CUD-PL20220000485 Revised 5-13-22 (22032 : Helping Hands Food Pantry Comparable Use)
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Without the benefit of a traffic study, staff made a rough estimate of the amount of traffic resulting
from the food pantry. The estimate is based on one, half -hour physical count of cars, one account
provided by the story manager of the actual customers served during a three-hour distribution period,
and the lack of any code enforcement related parking issues currently or with the former tenant
Custom Wine Cabinets and Rooms. Fifty-two customers were served on Friday, March 11th, for an
average of 17 people per hour. During the 30-minute observation period, 11 groups entered the food
pantry which equates to 22 people per hour. Helping Hands has been operating without incident. In
addition, the required and provided parking for a shopping mall is calculated to accommodate myriad
uses with all space available for use by patrons of the plaza. Given the above, it is the opinion of staff
that there is sufficient parking is,
iii. Type of vehicles associated with the use:
The types of vehicles that will be associated with the food pantry are the same as those that will visit
the other uses in the shopping center. There will be no difference in vehicle type though trucks
dropping off donations to the food pantry may be smaller in size than those that deliver to the
Walgreens and potentially some of the restaurants in the shopping plaza.
iv. Number and type of required parking spaces:
Parking requirements for shopping centers are calculated to be adequate for the various permitted
uses in the shopping center. Some uses require less parking, and some require more parking.
Traditionally, parking is shared equally amongst all tenants with no assigned spaces. The Site
Development Plan (SDP-990162C, Attachment D) requires the PUD to provide 266 parking
spaces inclusive of handicapped parking; the PUD provides 272 spaces inclusive of handicapped
parking. The parking lot (50 spaces) associated with Helping Hands makes up a small portion of the
total parking in the PUD. Based on the site visit, the absence of any parking related code enforcement
issues, statements from the applicant and agent, and the fact that the food pantry has already been
operating, staff is of the opinion that there is sufficient parking to accommodate the use in the PUD.
v. Business practices and activities:
Typical activities in the shopping center involve customers parking their vehicles, visiting one or
more of the stores, restaurants, or service providers, conducting their business, and then leaving the
shopping center. Except for deliveries, all business in the plaza operate in the same manner and are
indistinguishable from other businesses with respect to their impact of neighboring businesses in the
plaza. Helping Hands operates in the same manner as other business though with less impact than
some of the other permitted uses in the plaza.
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.
The effect that Helping Hands would have on neighboring business is no greater, and likely less than
the impacts of any of the other businesses within the center. Noise and glare are in direct proportion
to the amount of vehicular traffic which will be less than that of other uses (See Aii response above.).
There may be some odors resulting from perishable food being placed in dumpsters, but this would
be no different and likely less than any of the restaurants in the center discarding uneaten food and
perishable food.
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 proposed use is comparable to and consistent with permitted uses in the PUD. The subject
property has a Future Land Use Designation of Urban Residential, Mixed-Use Activity Center #20 –
3.A.a
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U.S. 41 and Wiggins Pass Road in the Future Land Use Element (FLUE p. 61 -63, Attachment B).
Mixed-Use Activity Centers are intended to be mixed-use in character; allowable land uses include
the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a maximum
density of 26 units per acre, community facilities, and other land uses as generally allowed in the
Urban designation.
Urban designated areas on the Future Land Use Map (FLUM) are intended to accommodate
community facilities and commercial uses identified by criteria in Mixed-Use Activity Center
Subdistrict.
D. The proposed use shall be compatible and consistent with the other permitted uses in the zoning
district, overlay, or PUD.
As discussed above, the County uses the SIC system in classifying uses; there is not a specific SIC
number for a food pantry, therefore it is not specifically listed as a permitted use in the PUD. The list
of permitted uses in Ord. 97-46 includes #43 which states that, “any other general commercial use
which is comparable in nature with the foregoing uses” is permitted.
SIC 8351 – Child Day Care Services is a permitted use in the PUD and falls under SIC Major Group
83 – Social Services which encompasses a wide range of services including social services to the
disadvantaged. A food pantry and a children’s daycare are similar in that they both provide a needed
social service although child day care services tend to be open a greater number of hours than Helping
Hands resulting in a greater impact on other establishments in the PUD.
Helping Hands provides food, and limited household and personal products. The PUD permits food
stores (SIC 5411-5499), and drug stores (SIC 5912) which provide many of these same items making
Helping Hands compatible and consistent with these other permitted uses.
Helping Hands is a less intensive use than many of the other permitted uses in the PUD such as
automotive dealers and gasoline service stations, automotive rental and repair and drug stores. Based
on site visit observations, eight of the eleven “customers” of the food bank were in and out in five
minutes or less signifying minimal demand on parking. Lastly, its limited hours of operation
(approximately 12 hours/week, aside from administrative functions) are significantly less than most
if not all other uses in the PUD.
E. Any additional relevant information as may be required by the County Manager or designee.
The applicant believes that they have made a significantly strong case for the compatibility of the
food pantry and has not provided any additional relevant information.
PUBLIC NOTICE:
Per the 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. A newspaper
advertisement for the Hearing Examiner public meeting is the only notice required (Administrative Code,
Chapter 3L, and LDC §10.03.06.O) and was posted in the Naples Daily News on May 6, 2022.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner determine that Helping Hands, a food pantry,
is comparable and compatible with the list of permitted uses contained in Section 5.3 of the U.S. 41 Wiggins
Pass PUD with the following conditions:
3.A.a
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1. Should parking for the PUD become an issue due to Helping Hands’ activities that the applicant
work with the owner of the plaza and businesses within the plaza to address parking needs including
being open to modifying drop-off or distribution hours and operation if beneficial. This does not
imply a commitment on the part the applicant.
2. Hours for dropping off donation and distributing food shall be limited to those shown below with
the caveat that on the set days for drop-offs and distributions, hours may be extended by ± hour
should there be extenuating circumstances.
Wednesday – Food drop-off and donations only from 9:00 a.m. to 1:30 p.m.; and
Saturday – Food drop-off and donations only from 9:00 a.m. to 1:00 p.m.; and
Friday – Food distribution only from 10:00 a.m. to 1:00 p.m.
Attachments:
A. Ordinance 97-46
B. FLUE Excerpt – Mixed-Use Activity Center Subdistrict
C. Parking Lot Photos
D. SDP-990162C.
E. Application and Backup Documents
3.A.a
Packet Pg. 11 Attachment: Staff Report Food Pantry CUD-PL20220000485 Revised 5-13-22 (22032 : Helping Hands Food Pantry Comparable Use)
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Packet Pg. 12 Attachment: Attachment A - Excerpt from Ord. 97-46 (22032 : Helping Hands Food Pantry Comparable Use)
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Packet Pg. 13 Attachment: Attachment A - Excerpt from Ord. 97-46 (22032 : Helping Hands Food Pantry Comparable Use)
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Packet Pg. 14 Attachment: Attachment A - Excerpt from Ord. 97-46 (22032 : Helping Hands Food Pantry Comparable Use)
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Packet Pg. 15 Attachment: Attachment A - Excerpt from Ord. 97-46 (22032 : Helping Hands Food Pantry Comparable Use)
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Packet Pg. 16 Attachment: Attachment A - Excerpt from Ord. 97-46 (22032 : Helping Hands Food Pantry Comparable Use)
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Packet Pg. 17 Attachment: Attachment A - Excerpt from Ord. 97-46 (22032 : Helping Hands Food Pantry Comparable Use)
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
FUTURE LAND USE ELEMENT
Prepared by
Collier County Planning and Zoning Department
Comprehensive Planning Section
Prepared for
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Adopted October, 1997
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Packet Pg. 18 Attachment: Attachment B - Excerpt from FLUE Ord 21-12 (22032 : Helping Hands Food Pantry Comparable Use)
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(XV) C. Urban Commercial District
This District is intended to accommodate almost all new commercial zoning; a variety of residential
uses, including higher densities for properties not located within the Urban Coastal Fringe or
Urban Residential Fringe Subdistricts; and a variety of non-residential uses.
1. Mixed-Use Activity Center Subdistrict
(XV)(XLIV) Mixed-Use Activity Centers have been designated on the Future Land Use Map Series identified in
the Future Land Use Element. The locations are based on intersections of major roads and on
spacing criteria. When this Plan was originally adopted in 1989, there were 21 Activity Centers.
There are now 19 Activity Centers, listed below, which comprise approximately 3,000 acres; this
includes three Interchange Activity Centers (#4, 9, 10) which will be discussed separately under
the Interchange Activity Center Subdistrict. Two Activity Centers, #19 and 21, have been deleted
as they are now within the incorporated City of Marco Island.
# 1 Immokalee Road and Airport-Pulling Road
# 2 US 41 and Immokalee Road
# 3 Immokalee Road and Collier Boulevard
# 4 I-75 and Immokalee Road (Interchange Activity Center)
# 5 US 41 and Vanderbilt Beach Road
# 6 Davis Boulevard and Santa Barbara Boulevard
# 7 Rattlesnake-Hammock Road and Collier Boulevard
# 8 Airport-Pulling Road and Golden Gate Parkway
# 9 I-75 and Collier Boulevard and Davis Boulevard (Interchange Activity Center)
#10 I-75 and Pine Ridge Road (Interchange Activity Center)
#11 Vanderbilt Beach Road and Airport-Pulling Road
#12 US 41 and Pine Ridge Road
#13 Airport-Pulling Road and Pine Ridge Road
#14 Goodlette-Frank Road and Golden Gate Parkway
#15 Golden Gate Parkway and Coronado Boulevard
#16 US 41 and Airport-Pulling Road
#17 US 41 and Rattlesnake-Hammock Road
#18 US 41 and Collier Boulevard
#20 US 41 and Wiggins Pass Road
(XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017
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Packet Pg. 19 Attachment: Attachment B - Excerpt from FLUE Ord 21-12 (22032 : Helping Hands Food Pantry Comparable Use)
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(II)(IV)(V)(VI)(XI)(XIV)(XV)(LIV)
The Mixed-Use Activity Center concept 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. Mixed-Use Activity Centers are intended to be mixed-use in character. Further, they
are generally intended to be developed at a human-scale, to be pedestrian-oriented, and to be
interconnected with abutting projects – whether commercial or residential. Street, pedestrian
pathway and bike lane interconnections with abutting properties, where possible and practicable,
are encouraged.
Allowable land uses in Mixed-Use Activity Centers include the full array of commercial uses,
residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre,
community facilities, and other land uses as generally allowed in the Urban designation. Mixed-
Use Activity Center #15, in Golden Gate City, shall also allow the additional uses identified in the
Golden Gate Area Master Plan. The actual mix of the various land uses shall be determined during
the rezoning process based on consideration of the factors listed below. Except as restricted
below under the provision for Master Planned Activity Centers, all Mixed-Use Activity Centers
may be developed with any of the land uses allowed within this Subdistrict.
(XXXII)(LII)
For residential-only development, if a project is located within the boundaries of a Mixed-Use
Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal
Fringe Subdistrict, up to sixteen (16) residential units per gross acre may be permitted. If such a
project is located within the boundaries of a Mixed-Use Activity Center which is within the Urban
Coastal Fringe Subdistrict, the eligible density shall be limited to four (4) dwelling units per acre,
except as allowed by the Density Rating System and the Bayshore/Gateway Triangle
Redevelopment Overlay. If such a project is located within the boundaries of a Mixed-Use Activity
Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed
by that Subdistrict. For a residential-only project located partially within and partially outside of an
Activity Center, the density accumulated from the Activity Center portion of the project may be
distributed throughout the project.
(XII)(XV)(XXXII)(XLIV)
Mixed-use developments ‒ whether consisting of residential units located above commercial
uses, in an attached building, or in a freestanding building ‒ are allowed and encouraged within
Mixed-Use Activity Centers. Density for such a project is calculated based upon the gross project
acreage within the Activity Center. If such a project is located within the boundaries of a Mixed-
Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within
the Coastal High Hazard Area, the eligible density is sixteen (16) dwelling units per acre. If such
a project is located within the boundaries of a Mixed-Use Activity Center that is not within the
Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible
density shall be limited to four (4) dwelling units per acre, except as allowed by the
Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the
boundaries of a Mixed-Use Activity Center which is within the Urban Residential Fringe Subdistrict,
eligible density shall be as allowed by that Subdistrict. For a project located partially within and
partially outside of an Activity Center, and the portion within an Activity Center is developed as
Mixed-Use, some of the density accumulated from the Activity Center portion of the project may
be distributed to that portion of the project located outside of the Activity Center. In order to
promote compact and walkable Mixed-Use projects, where the density from a Mixed-Use project
is distributed outside the Activity Center boundary:
(LIV) = Plan Amendment by Ordinance No. 2019-27 on September 24, 2019
(1) the Mixed-Use component of the project within the Activity Center shall include
3.A.c
Packet Pg. 20 Attachment: Attachment B - Excerpt from FLUE Ord 21-12 (22032 : Helping Hands Food Pantry Comparable Use)
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mulated density;
(2) the dwelling units distributed outside the Activity Center shall be located within
one third (1/3) of a mile of the Activity Center boundary; and,
(3) the portion of the project within the Activity Center shall be developed at a
human scale, be pedestrian-oriented, and be interconnected with the
remaining portion of the project with pedestrian and bicycle facilities.
(XV) The factors to consider during review of a rezone petition for a project, or portion
thereof, within an Activity Center, are as follows:
a. Rezones are encouraged to be in the form of a Planned Unit Development.
There shall be no minimum acreage limitation for such Planned Unit
Developments except all requests for rezoning must meet the requirements
for rezoning in the Land Development Code.
b. The amount, type and location of existing zoned commercial land, and
developed commercial uses, both within the Mixed-Use Activity Center and
within two (2) road miles of the Mixed-Use Activity Center.
c. Market demand and service area for the proposed commercial land uses to
be used as a guide to explore the feasibility of the requested land uses.
d. Existing patterns of land use within the Mixed-Use Activity Center and within
two (2) radial miles.
e. Adequacy of infrastructure capacity, particularly roads.
f. Compatibility of the proposed development with, and adequacy of buffering
for, adjoining properties.
g. Natural or man-made constraints.
h. Rezoning criteria identified in the Land Development Code.
i. Conformance with Access Management Plan provisions for Mixed-Use
Activity Centers, as contained in the Land Development Code.
j. Coordinated traffic flow on-site and off-site, as may be demonstrated by a
Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic
movements, access point locations and type, median opening locations and
type on the abutting roadway(s), location of traffic signals on the abutting
roadway(s), and internal and external vehicular and pedestrian
interconnections.
k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing
and future abutting projects.
l. Conformance with the architectural design standards as identified in the Land
Development Code.
3.A.c
Packet Pg. 21 Attachment: Attachment B - Excerpt from FLUE Ord 21-12 (22032 : Helping Hands Food Pantry Comparable Use)
Attachment 3 – Parking Lot Photos
Helping Hands
Shopping Center Storefront Parking (View from West)
Helping Hands
Shopping Center Storefront Parking (View from East)
3.A.d
Packet Pg. 22 Attachment: Attachment C - Parking Lot Photos (22032 : Helping Hands Food Pantry Comparable Use)
Middle Row Parking (View from East)
Shopping Center
Helping Hands
Helping Hands
Middle Row Parking (View from East)
3.A.d
Packet Pg. 23 Attachment: Attachment C - Parking Lot Photos (22032 : Helping Hands Food Pantry Comparable Use)
Rear Row Parking (View from West)
Middle Row Parking (View from East)
3.A.d
Packet Pg. 24 Attachment: Attachment C - Parking Lot Photos (22032 : Helping Hands Food Pantry Comparable Use)
3.A.e
Packet Pg. 25 Attachment: Attachment D- SDP_990162C (22032 : Helping Hands Food Pantry Comparable Use)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 5/8/2018 Page 1 of 2
Comparable Use Determination
LDC sections 2.03.00 A, 10.02.06 J & Code of Laws section 2-83 – 2-90
Chapter 3 G.6 of the Administrative Code
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
PUD Zoning District
Standard Zoning District
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): ________________________________________________________
Name of Applicant if different than owner: ___________________________________________________
Address: _____________________________ City: _____________ State: ________ ZIP: _______
Telephone: ___________________ Cell: _____________________ Fax: ____________________
E-Mail Address: __________________________________________________________________
Name of Agent(s):_____ __________________________________________________________
Firm: ___________________________________________________________________________
Address: _____________________________ City: _____________ State: ________ ZIP: _______
Telephone: __________________ Cell: _______________________ Fax: ____________________
E-Mail Address: __________________________________________________________________
PROPERTY INFORMATION
Site Address: ________________________________Folio Number: _________________________
Property Owners Name: ____________________________________________________________
DETERMINATION REQUEST
The determination request and justification for the use must be done by a certified land use planner
or a land use attorney. Provide the completed request on a separate attached sheet. Please be very
specific and include the SIC Code, if known. The request should adhere to the following format:
“I request a determination from the Planning Manager and approval from the Office of the
Hearing Examiner, that the use of ____________ is comparable and compatible with the
permitted uses in the ____________ PUD or in the ________________Straight Zoning
District.”
To be completed by staff
3.A.f
Packet Pg. 26 Attachment: Attachment E - Backup Materials (22032 : Helping Hands Food Pantry Comparable Use)
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K:\2021\210085.00.00 Helping Hands Pantry\03 Comparable Use Determination Support\Submittal #2 Working Docs\00 Submittal 2 - Response to Comments Letter rev 1.docx
March 11, 2022
Intake Department
Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
Subject: PL20220000485 - Helping Hands Food Pantry – Comparable Use Determination –
Submittal #2
Dear Intake Team:
Please accept this letter in response to your insufficiency letter dated February 25, 2022, for the above
subject project. This letter outlines responses to each comment including any applicable
stipulations/commitments. Please find the following list of information and materials that are being
submitted electronically:
00. Response to Comments Letter
01. Revised Property Ownership Disclosure Form – Conceco Realty
02. Property Ownership Disclosure Form – Helping Hands
03. Evidence of Signing Authority
In reply to your review comments, we offer the following responses in bold:
Rejected Review: Zoning Review
Reviewed By: Eric Ortman
Email: Eric.Ortman@colliercountyfl.gov Phone #: (239) 252-1032
Correction Comment 1:
Miscellaneous Corrections:
1. Property Ownership Disclosure and Affidavit of Authorization for owner (Coneco Realty) do not
match. Please correct.
Response: Please see revised Property Ownership Disclosure Form.
2. 10.02.06.K.2.a.i – Operating Hours – The narrative states that the food pantry will commit to operating
hours between 8:00 a.m. and 5:00 p.m.; that food drop offs will be limited to Wednesday (9:00-1:30) and
Saturday (9:00-12:00); and food distributions will be limited to Friday from 11:00 to 1:00. Please confirm
that individuals/organizations can only drop food off at these times and that food distribution is limited
to one two-hour period per week. Please provide additional detail on what occurs during the other hours
between 8:00 and 5:00.
3.A.f
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Response: The applicant can commit to the above time slots for food drop-offs and food distribution,
with the caveat that on any of those set days, drop-off and distribution can vary by +/- one (1) hour due
to extenuating circumstances. Outside of the drop off and distribution hours, the other work hours are
dedicated to organizing and packaging food supplies, limited prep time for distribution of food, and
administrative work.
3. 10.02.06.K.2.a.iv – Parking – Parking in the PUD is shared by all tenets without specific allocations. The
parking is a based on the Site Development Plan (SDP-99016C) and LDC 4.05.04.G which requires one
parking space for each 250 square feet of gross floor area for shopping centers with less than 400,000
square feet of gross floor area. The required parking is 266 spaces inclusive of handicapped spaces; the
provided parking is 272 spaces, inclusive of handicapped space.
The PUD includes 63,833 square feet of retail space which, at one space per 250 square feet equals 255
spaces exclusive of handicapped parking. The proposed food pantry is ±1,650 square feet. A proportionate
share of the parking would be 6.6 spaces (1,650 / 250 = 6.6) which can be rounded up to seven. The
narrative statement states that there will be “no more than five employees that manage and operate the
pantry at any given time.” Using a proportionate share there will be two spaces for use by the public.
The narrative compares traffic generated by the pantry to that of a small office building (ITE 712) which
generates as weekday p.m. peak hour rates of 6.15 trips.
A previous tenant’s business in the shopping center resulted in multiple parking shortages during certain
peak times. The very restrictive hours of food distribution will likely result in many individuals visiting the
food bank in a condensed time frame which may strain the supply of parking in a similar manner. Please
provide an estimate of peak hour parking demand including ways to alleviate parking-strain should the
food pantry stress the parking supply.
Response: While we understand staff’s concern associated with previous parking challenges on this
site, it should be understood that the parking woes directly resulted from the large Casino Redemption
facility that was previously located within this plaza. This use no longer exists and parking has not
been a problem since and is not currently a problem.
Collier County has parking requirements for shopping centers that account for a variety of uses. The
required ratio is for a bundle of potential uses – some which require more parking and some less.
This plaza was approved per this shopping center requirement and has sufficient parking for all uses.
Parking should not be calculated per individual business, and it should be understood that parking is
shared and not allocated to individual tenants.
As previously discussed, this use is in operation, there is no current parking problem, and the owner of
the plaza has no concerns regarding parking needs from this food pantry. This is evidenced by his
willingness to sign the Affidavit of Authorization form to support this application.
However, to alleviate potential concerns from staff, please be aware that the hours of operation for
this use are very limited. During our peak hours, Friday from 10:00am-1:00pm for distributions, the
pantry serves, on average, 50-60 people. This equates to an average of 20 people an hour and about 3
people in the pantry at any given time. Additionally, patrons are in and out quickly – most are in the
3.A.f
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pantry for no more than 5 minutes. These limited hours significantly reduce parking strain and
demand for entire plaza.
Furthermore, should parking for the plaza become an issue, the Applicant will work with the owner of
the plaza and other businesses to address parking needs and would be open to modifying drop-off or
food distribution hours and operations if beneficial.
Rejected Review: County Attorney Review
Reviewed By: Derek Perry
Email: Derek.Perry@colliercountyfl.gov Phone #: (239) 252-8066
Correction Comment 1:
Miscellaneous Corrections: Please submit a property ownership disclosure form for Helping Hands Pantry,
Inc. Should this entity be a not-for-profit entity without equitably interested parties, please state so on
the disclosure. Please provide evidence of signing authority for Carl Bergquist, III of Helping Hands Pantry,
Inc. Please note that only presidents, vice presidents, and CEOs have apparent authority granted by
statute (see, e.g., 692.01, Florida Statutes). Please note that the bylaws and state filing list Carl Bergquist
only as a director.
Response: Please see attached property ownership disclosure form for Helping Hands and evidence of
signing authority for Carl Bergquist.
Correction Comment 2:
Miscellaneous Corrections: Please work with planning staff to utilize consistent language with other food
pantry and food bank uses in Collier County. Please see, for example St. Matthews House CPUD, Ord. No.
2022-05, which includes (as an accessory use) “Refrigerated warehousing and storage warehousing
(4222), cold or refrigerated only for a not-for[-]profit food bank only and 4225)”. Please work with
planning staff on how to state the use of “not-for-profit food bank” and identify any accessory uses that
must be noted. Please create a concise request that includes proposed restrictions and/or limitations that
may be easily restated by the hearing examiner in their ruling or a list of conditions that may be easily
attached as an exhibit (e.g., no onsite service of meals; hours of operation).
Response: The challenge of identifying and defining the food pantry use is that the Standard Industrial
Classification Manual and the North American Industrial Classification System do not have a specific
code associated with this use. Likewise, ITE transportation manuals do not have a specific code for this
use either. Hence, the need for this Comparable Use request. With that said, we have looked at St
Matthews House CPUD for comparison purposes. Please note that the Helping hands Pantry is very
different than St. Matthews House and the associated PUD; however, a very limited number of uses
identified in their PUD would loosely apply to Helping Hands. Those are identified below:
• Community Food Services (NAICS 624210); limited to food panty and food delivery services only
• Indoor storage and warehousing
• Refrigerated warehousing and storage warehousing (4222), cold or refrigerated only for a not
for profit food pantry
• Administrative, clerical and office related services
3.A.f
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GENERAL COMMENTS: [Eric Ortman]
1. Please be advised that pursuant to the LDC, a petition can be considered closed if there has been no
activity on the petition for a period of six (6) months. In addition, a GMP Amendment application that
is a companion item can likewise be considered closed. That six months period will be calculated from
the date of this letter.
2. Additional comments or stipulations may be forthcoming once a sufficient petition has been
submitted for review. This correspondence should not be construed as a position of support or non-
support for any issues within the petition. Staff will analyze the petition and the recommendation will
be contained in the staff report prepared for the Collier County Planning Commission (CCPC) or
Hearing Examiner (HEX).
3. Please ensure that all members of your team that may testify before the HEX or CCPC and the Board
of County Commissioners (BCC) are registered as lobbyists with the County pursuant to the
regulations regarding that issue.
4. When addressing review comments, please provide a cover letter outlining your response to each
comment. Include a response to all comments.
5. Please put revised dates on all exhibits and in the title block of all Plans. The PUD document should
include a footer that reflects the project name, petition number, date and page X of Y for the entire
document. Documents without this information will be rejected.
6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review
comments.
7. Pursuant to F.S. 125.022, exhibits and application materials are subject to review upon each
resubmittal until deemed sufficient and complete. Should the project receive a third request for
additional information, staff requests that the applicant provide written acknowledgement with the
resubmittal to waive the regulation that restricts the County from requesting additional information.
Projects that do not include such written acknowledgement and that fail to address any outstanding
review items with the 4th submittal will be denied/recommended for denial.
8. Note the adopted fee schedule requires payment of additional fees for petition review upon the 5th
and subsequent submittals; please contact the appropriate staff and resolve issues to avoid this fee.
9. If you would like to discuss the review comments, require clarification and/or wish to identify agree-
to-disagree issues, a post-review meeting can be arranged including all rejecting reviewers. To
schedule a post-review meeting, please contact me, and Zoning Operations staff will proceed with
scheduling.
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We trust the enclosed information is sufficient for your review and approval. Should you have any
questions or require additional information, please contact our office at (239) 597-0575.
Sincerely,
RWA, Inc.
Kenrick S. Gallander, AICP
Director of Planning
Attachments: Application Submittal Requirements (listed above)
cc: Ms. Abigail Bergquist
RWA File: 210017.00.01
3.A.f
Packet Pg. 32 Attachment: Attachment E - Backup Materials (22032 : Helping Hands Food Pantry Comparable Use)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations
Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must
be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. F orms older than 6 months will require additional review and approval by the Addressing
Department.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
BL (Blasting Permit)
BD (Boat Dock Extension)
Carnival/Circus Permit
CU (Conditional Use)
EXP (Excavation Permit)
FP (Final Plat
LLA (Lot Line Adjustment)
PNC (Project Name Change)
PPL (Plans & Plat Review)
PSP (Preliminary Subdivision Plat)
PUD Rezone
RZ (Standard Rezone)
SDP (Site Development Plan)
SDPA (SDP Amendment)
SDPI (Insubstantial Change to SDP)
SIP (Site Im provement Plan)
SIPI (Insubstantial Change to SIP)
SNR (Street Name Change)
SNC (Street Name Change – Unplatted)
T DR (Transfer of Development Rights)
VA (Variance)
VRP (Vegetation Removal Permit)
VRSFP (Vegetation Removal & Site Fill Permit)
OTHER
LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached)
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) 1
SURVEY (copy - needed only for unplatted properties)
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
PROPOSED PROJECT NAME (if applicable)
SDP - or AR or PL #
name not yet appproved
3.A.f
Packet Pg. 33 Attachment: Attachment E - Backup Materials (22032 : Helping Hands Food Pantry Comparable Use)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Department.
FOR STAFF USE ONLY
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED 2
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
00152480002
1/10/2022
3.A.f
Packet Pg. 34 Attachment: Attachment E - Backup Materials (22032 : Helping Hands Food Pantry Comparable Use)
$ 10,425,000
$ 9,633,500
$ 3,850,000
$ 0
$ 0
$ 450,000
$ 0
$ 4,347,822
$ 4,220,065
$ 8,567,887
$ 8,567,887
$ 8,567,887
$ 8,567,887
Collier County Proper ty AppraiserProperty Summar y
Parcel No 00152480002 SiteAddress*Disclaimer
13514TAMIAMITRL N Site City NAPLES Site Zone*Note 34110
Name / Address CONECO REALTY LLC
4 FIRST STREET
City BRIDGEWATER State MA Zip 02324
Map No.Strap No.Section Township Range Acres *Estimated
3A15 000100 007 3A15 15 48 25 7.5
Legal 15 48 25 COMM AT NW CNR OF SW1/4, RUN S 89 DEG E 14.59FT, S01DEG 30"E30.01FT TO POB,S89 DEG 55'05"E 618.12FT, S00DEG 40'19"E 642.44FT, N89DEG56' 52"W 614.34FT, N01DEG 30"W 642.82FT TO POB LESS OR 2699 PG 2978
Millage Area 143 Millage Rates *Calculations
Sub./Condo 100 - ACREAGE HEADER School Other Total
Use Code 16 - COMMUNITY SHOPPING CENTERS 4.889 6.0293 10.9183
Latest Sales Histor y
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
06/14/19 5643-2439
02/11/05 3733-13
11/24/99 2614-2424
08/30/95 2094-1006
03/01/90 1516-231
04/01/83 1018-878
04/01/78 747-517
2021 Certified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after theFinal Tax Roll
3.A.f
Packet Pg. 35 Attachment: Attachment E - Backup Materials (22032 : Helping Hands Food Pantry Comparable Use)
1/7/22, 9:18 AM Print Map
https://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=LANDSCAPE&paper=LETTER&minX=393142.781238362&minY=712645.799972892&maxX=394446.260405026&maxY=713688.58…1/2
Folio Number: 00152480002
Name: CONECO REALTY LLC
Street# & Name: 13514 TAMIAMI TRL
N
Build# / Unit#: 007 /
Legal Description: 15 48 25 COMM
AT NW CNR OF SW1/4, RUN S 89
DEG E 14.59FT, S01DEG 30"E
30.01FT TO POB,S89 DEG 55'05"E
618.12FT, S00DEG
2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided
for the data herein, its use, or its interpretation.
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
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Packet Pg. 40 Attachment: Attachment E - Backup Materials (22032 : Helping Hands Food Pantry Comparable Use)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
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K:\2021\210085.00.00 Helping Hands Pantry\03 Comparable Use Determination Support\Submittal #2 Working Docs\Submittal#2 - Determination Request 1-14-22 - CLEAN.docx
HELPING HANDS FOOD PANTRY
COMPARABLE USE DETERMINATION
REQUEST AND JUSTIFICATION
Background
The “subject property” consists of a 1,650 ± SF commercial bay located within an existing strip mall
within the US 41/Wiggins Pass Road PUD (Ordinance 97-46). The PUD is 9.08+/- acres and allows for a
variety of commercial uses. The site is located at the intersection of US 41 and Wiggins Pass Road, in
Section 15, Township 48 South, Range 25 East, Collier County, Florida. More specifically, 13510 Tamiami
Trail N Unit #2, Collier County, Florida 34110. The applicant is seeking to utilize the subject property as
a food pantry.
The PUD allows for a variety of commercial and retail uses as provided under Section V, “PERMITTED
USES AND DIMENSIONAL STANDARDS.” The identified principal and accessory uses are as follows:
Principal Uses and Structures:
1. Accounting, Auditing and Bookkeeping Services (8721)
2. Amusements and Recreation Services- Indoor (7911-7941, 7991, 7993, 7997)
3. Apparel and Accessory Stores (Groups 5611-5699)
4. Automotive Dealers and Gasoline Service Stations (Groups 5511, 5531, 5541,
5571, 5599 new vehicles only)
5. Automotive Rental and Repair, and Services (Groups 7514, 7515, 7521, 7533-
7549)
6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261)
7. Business Services (Groups 7311-7352, 7359, except airplane, industrial truck,
portable toilet and oil field equipment renting and leasing, except armored car
and dog rental; 7389, except auctioneering, bronzing, field warehousing,
salvaging of damaged merchandise)
8. Child Day Care Services (8351)
9. Communications (Groups 4812-4841, except principal transmission towers) l 0.
10. Depository Institutions (Groups 6011-6099)
11. Drug Stores and Proprietary Stores (5912)
12. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the
retail sale of alcoholic beverages are subject to the locational requirements of
Section 2.6.10)
13. Engineering, Accounting, Research, Management and Related Services (Groups
8711-8748)
14. Food Stores (Groups 5411-5499)
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15. General Merchandise Stores (Groups 5311-5399)
16. Group Care Facilities (Category I and II); Care Units and Nursing Homes, subject to
Section 2.6.26
17. Group Housing, excluding Family Care Facilities, subject to Section 2.6.26
18. Hardware Stores (5251)
19. Health Services (Groups 8011 -8049, 8082)
20. Home Furniture, Furnishing and Equipment Stores (Groups 5712-5736)
21. Hotels and Motels (Group 7011)
22. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411)
23. Legal Services (8111)
24. Libraries (8231)
25. Management and Public Relations Services (Groups 8741-8743, 8748)
26. Membership Organization (8611-8699)
27. Miscellaneous Personal Services (7291)
28. Miscellaneous Repair Services (Groups 5551, 7622-7699)
29. Miscellaneous Retail Groups 5912-5963, 5992-5999)
30. Motion Picture Theaters (7832)
31. Motor Freight Transportation and Warehousing (4225 mini and self storage
warehousing only) permitted on Tract E only.
32. Museums and Art Galleries (8412)
33. Non-depository Credit Institutions (Groups 6111-6163)
34. Paint, Glass and Wallpaper Stores (5231)
35. 35. Personal Services (Groups 7212, 7215, 7217, 7219-7299)
36. Public Administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511-9562,
9611-9661)
37. Real Estate (Groups 6512, 6531-6541)
38. Retail Nurseries, Lawn and Garden Supply Stores (5261)
39. Security and Commodity Brokers, Dealer, Exchanges, and Service (Groups 6211-
6289)
40. Veterinary Services (Groups 0742, 0752, excluding outside kenneling)
41. Video Tape Rental (7841)
42. Vocational Schools (Groups 8243-8299)
43. Any other general commercial use which is comparable in nature with the
foregoing uses.
Accessory Uses:
1. Uses and structures that are necessary and incidental to the permitted uses.
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Request & Justification
Based on the above stated intent, the applicant requests a determination from the Planning Manager
and approval from the Office of the Hearing Examiner, that the food pantry use is comparable and
compatible with the existing and permitted uses in the US 41/Wiggins Pass Road PUD.
Based on use 43 within the permitted uses section of Ordinance 97-46 which states “Any other general
commercial use which is comparable in nature with the foregoing uses”, it is our assessment that the
food panty use is comparable in nature to other allowed uses and therefore compatible with uses within
and surrounding this PUD.
There are numerous allowed and existing uses within this PUD that are more intense in nature than the
proposed food pantry. Some of these include:
• Automotive Dealers and Gasoline Service Stations (Groups 5511, 5531, 5541, 5571,
5599 new vehicles only)
• Automotive Rental and Repair, and Services (Groups 7514, 7515, 7521, 7533-7549)
• Drug Stores and Proprietary Stores (5912)
• Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the
retail sale of alcoholic beverages are subject to the locational requirements of
Section 2.6.10)
• Food Stores (Groups 5411-5499)
• Hotels and Motels (Group 7011)
• Health Services (Groups 8011 -8049, 8082)
• Motion Picture Theaters (7832)
Proposed Use
The property is designated Mixed Use Activity Center Subdistrict on the Future Land Use Map (FLUM).
The intent of the Mixed Use Activity Center Subdistrict is 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.
The Mixed Use Activity Center Subdistrict is intended to primarily allow for a mixture of commercial uses
and development. The maximum intensity of commercial uses are those allowed in the C-4, General
Commercial Zoning District, of which food stores (Groups 5411-5499) are an allowed use.
The proposed use of a food pantry is not clearly defined in the Collier County Land Development Code
(LDC), however the North American Industry Classification System (NAICS) includes Food Pantries under
the General heading of Community Food Services (NAICS 624210) described as follows:
“This industry comprises establishments primarily engaged in the collection, preparation, and delivery of
food for the needy. Establishments in this industry may also distribute clothing and blankets to the poor.
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These establishments may prepare and deliver meals to persons who by reason of age, disability, or
illness are unable to prepare meals for themselves; collect and distribute salvageable or donated food;
or prepare and provide meals at fixed or mobile locations. Food banks, meal delivery programs, and soup
kitchens are included in this industry.”
This broad category includes the following subgroups:
• Community meals, social services
• Food banks
• Food pantries
• Meal delivery programs
• Mobile soup kitchen
• Soup kitchens
It should be noted that the proposed use is limited to a food pantry only. Helping Hands Pantry, Inc., a
Florida Not For Profit Corporation, assembles, stocks and distributes food to individuals and families in
need. They do not prepare food, house, or feed individuals on site. The use is low impact and generates
very little traffic. There are no more than five employees that manage and operate the pantry at any
given time, and the hours of operation for donation drop offs and food distribution are limited. Standard
hours of operation are as follow:
• Wednesday: 9:00 AM - 1:30 PM (Donation Drop Off)
• Friday: 10:00 AM – 1:00 PM (Food Distribution Only)
• Saturday: 9:00 AM – 1:00 PM (Donation Drop Off)
The proposed food pantry is compatible with and complementary to the existing surrounding
commercial uses in the area and will not result in an increase to the effects of noise, odor, and glare on
neighboring properties. Food pantries are a use that is often incorporated into commercial shopping
centers or within the vicinity of other commercial retail and service uses. The proposed use is far less
intense than numerous allowed and exiting uses US 41/Wiggins Pass Road PUD. The following will detail
how this proposed food pantry use meets compatibility requirements and how it is far less intense than
the allowed uses such as an Automotive Dealer and Gasoline Service Station or existing uses such as the
Walgreens (Drug Stores and Proprietary Stores) located in the northwest corner of the PUD.
Criteria per LDC Sec. 10.02.06. K.
The following outlines the applicable factors and criteria pursuant to Land Development Code (LDC)
10.02.06.K. in order 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.
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;
ii. Traffic volume generated/attracted;
iii. Type of vehicles associated with the use;
iv. Number and type of required parking spaces; and
v. Business practices and activities.
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a. i: Operating Hours
The proposed food pantry will commit to operating hours between 8:00 am to 5:00 pm. On most days
the location will house no more than five employees conducting office operation and food assembly and
storage. Food drop offs and distribution are currently limited to the following hours:
• Wednesday: 9:00 AM - 1:30 PM (Donation Drop Off)
• Friday: 10:00 AM – 1:00 PM (Food Distribution Only)
• Saturday: 9:00 AM – 1:00 PM (Donation Drop Off)
In comparison, the hours of operation for the Walgreens are 8:00 am – 10:00 pm; for the existing
Noodle Saigon Restaurant 11:00 am to 9:00 pm. The difference in operating hours of the proposed
food pantry as compared to these existing uses is significantly less intensive.
a. ii: Traffic Volume Generated/Attracted:
The proposed food pantry will generate significantly fewer trips when compared to the existing
commercial uses within the PUD such as the Walgreens. Hours of operations are shorter than many of
the existing uses within the PUD and food drop offs and distributions are restricted to the limited times
identified above. As such, daily operations generate traffic similar to a small office. As can be seen in
the ITE tables below, trip generation from this use is significantly lower than the existing drugstore, and
less than existing restaurants of a similar size such as Naples Coastal Kitchen and Noodle Saigon located
within the PUD and open for service 7 days a week.
Table 1
Trip Generation* Weekday PM Peak Hour
Small Office Building (Proposed Principal Use)
Weekday PM Peak Hour
ITE Land Use Size Average Rate
712 Small Office Building 1,650 SF 6.15
*ITE Trip Generation Manual 10th Edition
Table 2
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Trip Generation*– Weekday PM Peak Hour
Pharmacy/Drugstore with Drive-Through & High Turnover (Sit-down) Restaurant Comparison
Weekday PM Peak Hour
ITE Land Use Size Average Rate
Ot
881 – Pharmacy/Drugstore with Drive-Through
& High Turnover 14,500 SF 164.14
932 – High Turnover (Sit-down) Restaurant 1,558 SF 27.12
*ITE Trip Generation Manual 10th Edition
a. iii: Types of Vehicles Associated with the Use:
The types of vehicles associated with the food pantry use are comparable and no different than those
that would be associated with the existing and permitted retail and commercial uses within the PUD,
such as a drugstore, dine-in restaurants, or food stores. The use will be no more intense in terms of
types of vehicles and will generate significantly less truck delivery traffic than the Walgreens.
a: iv: Number and Type of Required Parking Spaces:
The proposed food pantry will utilize the existing parking associated with the shopping center and the
approved PUD via Ordinance 97-46. No additional parking will be required. The previous business in the
subject location (unit #2) was Custom Wine Cabinets and Rooms. The proposed food pantry is required
the same number of parking spaces – which is based on square feet, as this previous existing use.
Therefore, appropriate parking is already in place to accommodate the proposed use. LDC 4.05.04
outlines the following for parking spaces in shopping centers:
• 1 space per 250 square feet for centers with a gross floor area less than 400,000 square feet and
not having significant cinemas/theaters (none or those with a total cinema/theater seating
capacity of less than 5 seats per 1,000 square feet of the shopping center's gross floor area).
a. v: Business Practices and Activities
The business practices and activities are no more, and in many cases, less intense than a drugstore
(Group 5912). This is true in terms of operating hours, number of employees, types of vehicles
associated, numbers of customers/visitors and parking as mentioned above.
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.
As previously stated, the proposed food pantry is located within an existing shopping center with a
variety of uses and does not have a greater effect on surrounding properties in relation to noise, glare,
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or odor. The use does not pose any greater effect when compared to the existing restaurants and
permitted food stores (Groups 5411-5499). The proposed food pantry does not generate odors, will not
generate glare onto adjacent properties and will not cause any additional noise than what is commonly
associated with a shopping center. From a daily operation standpoint, this use is low impact, low traffic
and quiet in nature.
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.
As previously stated, the project site is within the Mixed Use Activity Center Subdistrict FLUM
designation. This FLUM designation allow C-4 and C-5 commercial uses which include a wide array of
general commercial and intense commercial uses. These zoning designations allows the proposed use
and also allows a more intense but comparable social/community services use. The Activity Centers
designation does not prohibit this type of use.
d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning
district, overlay, or PUD.
As previously stated, the proposed use is comparable, compatible, and consistent with permitted uses.
Moreover, the nature of the use is less intense and impactful than numerous allowed and existing uses
such as a car dealership and gas station or a 17,000± SF drugstore. Additionally, the proposed use is
located inside a strip mall and is bounded by commercial and retail uses which are similar and
comparable. Examples of these existing uses include Naples Coastal Kitchen and Taste of Poland Market
and Deli.
e. Any additional relevant information as may be required by County Manager or Designee.
To be determined.
Conclusion
In conclusion, it is my professional opinion that the proposed food pantry use is comparable and
compatible to the permitted and existing uses within the U.S. 41/Wiggins Pass Road PUD. Furthermore,
it is less intensive than current uses within the PUD and with existing uses adjacent to the PUD, such as
the gas station to the north. Finally, the proposed food pantry is consistent with the GMP and would
qualify under the permitted uses under the Mixed Use Activity Center Subdistrict FLU designation.
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