HEX Final Decision 2022-31 HEX NO. 2022-31
HEARING EXAMINER DECISION
DATE OF HEARING.
June 23, 2022
PETITION.
Petition No. PCUD PL20220000887 - Esperanza Place RPUD Habitat for Humanity -
Request for a decision of the Hearing Examiner that storage sheds for single family dwelling
units are comparable in nature to the other listed allowable accessory uses in Tract B of the
Esperanza Place Residential Planned Unit Development (RPUD), adopted by Ordinance
Number 2008-28, as amended. The subject RPUD is located on the north side of Immokalee
Drive just west of Dilsa Lane in Section 32, Township 46 South, Range 29 East, Collier
County,Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner seeks a determination from the Hearing Examiner that storage sheds arc an
allowable accessory use to residential single-family dwelling units, both attached and detached,
within Tract B of the Esperanza Place RPUD.
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. A newspaper advertisement for the Hearing Examiner public meeting is the only notice
required per Administrative Code (Chapter 3L) and LDC section 10.03.06.0 in accordance
with F.S. §125.66. The newspaper advertisement posted in the Naples Daily News on June 4,
Page 1 of 5 INSTR 6286522 OR 6155 PG 3018
RECORDED 7/22/2022 11.21 AM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61.00
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 no objections at the public hearing.
7. The County's Land Development Code Section 10.02.06.K.2 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. 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.
ii. Traffic volume generated/attracted.
iii. Type of vehicles associated with the use.
iv. Number and type of required parking spaces.
v. Business practices and activities.
The record evidence and testimony from the public hearing reflects that the petitioner is
seeking a determination that storage sheds, as an accessory use to single-family dwelling
units — attached and detached, possess similar characteristics to other accessory uses
within Tract B of the Esperanza Place RPUD; those other accessory uses include, but are
not limited to, the following: garages, carports, swimming pools, etc. By definition, an
accessory use or structure is a use or structure located on the same lot or parcel and
incidental or subordinate to the principal use or structure. Storage sheds are listed as an
allowable accessory use within Tract C for which the RPUD already contains setbacks
applicable to accessory uses. A true accessory use should not alter or impact any of the
listed characteristics any more so than the principal use which is not in question.
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 the placement of
a storage shed on a single-family lot in accordance with applicable setbacks for accessory
structures will yield no negative impacts on neighboring properties with regard to noise,
odor and/or glare.
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.
1 The Hearing Examiner's findings are italicized.
Page 2 of 5
The record evidence and testimony from the public hearing reflects that as per the
Immokalee Area Master Plan Future Land Use Map, the subject property is designated
Urban - Mixed Use District, Medium Residential (MR) Subdistrict. The Immokalee Area
Master Plan, an element of the Collier County Growth Management Plan (GMP), reveals
the purpose of the MR Subdistrict is to provide for a mixture of housing types and
supporting uses. The Esperanza Place RPUD has previously been found to be consistent
with the GMP and storage sheds are not called out as a specifically prohibited use within
either the GMP or the RPUD.
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 this petition is
dealing with an accessory use and not a permitted use. The petitioner seeks a determination
that storage sheds are allowable as an accessory use to single-family dwelling units.
Storage sheds are listed as an allowable accessory use within Tract C of the RPUD for
which the only allowable principal use is single-family dwelling units; there is no
distinction between attached or detached dwelling units. Tract B permitted uses allows for
both single-family, attached and detached dwelling units; however,fails to list storage
sheds as an allowable accessory use — amongst others, specifically allowable accessory
uses are garages, carports, and "any other use that is comparable in nature with the
foregoing list of permitted uses, as determined by the BZA (now Hearing Examiner)
according to the process described in the LDC."As storage sheds have been deemed to be
allowable as accessory uses in residential base zoning districts, they are deemed to be both
compatible and consistent; see#5, below.
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 this specific RPUD
calls out storage sheds as an allowable accessory use within Tract C as such sheds have
historically been found to be accessory and incidental to single-family dwelling units. The
Collier County Land Development Code (LDC), Ordinance Number 04-41, as amended,
provides the development and land use regulations for base zoning districts within
unincorporated Collier County. Section 2.02.02.B of the LDC lists each of the Zoning
Districts that are to he considered as residential, the land use regulations for which appear
within Section 2.03.02—Residential Zoning Districts. Section 2.02.02.A lists those zoning
districts deemed to be agricultural in nature, the land use regulations for which include a
single-family residence as a permitted use within Section 2.03.01 —Agricultural Zoning
Districts. It has been determined that the allowable accessory uses of each of the
Residential and Agricultural zoning districts, with exception to Village Residential (VR),
with no specific mention of storage sheds; rather, the first allowable accessory use within
each of the district's states: Uses and structures that are accessory and incidental to uses
permitted as of right in the[insert zoning designation]district. The VR district specifically
calls out storage as an allowable accessory use when used for fishing or farming equipment
by the residents of the permitted use. Section 4.02.03 of the LDC which sets forth the
Page 3 of 5
setbacks for listed accessory uses and structures and finds that there is no mention of
storage sheds; however, "utility buildings" are listed as an accessory use. There are no
limitations as to which zoning districts utility buildings would be allowed in. Section
4.02.12 sets forth regulations for "outdoor storage" when approved as a principal or
conditional use, not as an accessory use. Given the sheer number of storage sheds that are
in use on single-family residential and agricultural properties, it must be concluded that
storage sheds (aka: utility buildings) are indeed accessory and incidental to single-family
dwelling units and are thereby an allowable accessory use when properly permitted by
means of a building permit.
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.2 of the Land Development Code to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PCUD-PL20220000887,filed by D.
Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. representing Habitat for Humanity
of Collier County,Inc.,with respect to the property as described for Tract B of the Esperanza Place
Residential Planned Unit Development (RPUD) in Ordinance 2008-28, as amended, for the
following:
• Request for a decision of the Hearing Examiner that storage sheds for single family
dwelling units are comparable in nature with the list of allowable accessory uses, for Tract
B of the Esperanza Place Residential Planned Unit Development (RPUD), in Exhibit A,
Section II.A.2,of Ordinance Number 2008-28,as amended,which is the governing zoning
document.
Said Tract B as described in the Esperanza Place RPUD Master Plan attached as Exhibit "A" and
is subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A—Esperanza Place RPUD Master Plan
LEGAL DESCRIPTION.
Ordinance No. 2008-28, as amended, the Esperanza Place RPUD encompassing 31.63± acres
located on Immokalee Drive,just west of Dilsa Lane. Tract B comprises 13.80±acres,roughly the
eastern half of the RPUD less Tract C which embraces 2.0± acres located at the southeast corner,
in Section 32, Township 46 South, Range 29 East, Collier County,Florida
Page 4 of 5
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
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.
X.2>Z--.t_..--------
July 21, 2022
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
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