Agenda 09/27/2022 Item #10A (Board to appeal Hearing Examiners decision No.2022-38)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
September 27, 2022
Add on Item 5A: Update on the Status of Hurricane Ian and its potential impact on Collier County. (Staff’s
Request)
Add on Item 10C: Recommendation to appoint Randy Sparrazza as a member to the Collier County
Planning Commission, representing Commission District 1. (Commissioner Locastro’s Request)
Continue Item 9B to the October 11, 2022, BCC Meeting: Recommendation to consider an Ordinance to
establish a Notice to Tenant Ordinance relating to landlords providing written notice of rent increases over
5% to tenants with leases of one year or longer. (All Districts) (Commissioner LoCastro’s Request)
Continue Item 10A to the October 11, 2022, BCC Meeting: *** This Item continued
from the September 13, 2022, BCC Meeting. *** Request the Board to appeal the
Hearing Examiner’s decision in Hearing Examiner Decision No. 2022-38 which finds
that the proposed use of self-storage/mini warehousing, indoor (SIC Code 4225) is
comparable in nature to other permitted uses in Section 4.3.A of the Wentworth
Estates Mixed Use Planned Unit Development created by Ordinance No. 03-51, as
amended. (Petition No. PL20220001501) (Sponsored by Commissioner LoCastro)
(District 1) (Commissioner LoCastro’s Request)
Continue Item 10B to the October 11, 2022, BCC Meeting: Recommendation to have the Board discuss the
proposed US41 East Zoning Overlay impacts upon self-storage facilities along US 41 between the Palm
Street/Commercial Drive/US 41 intersection and the Price Street/US 41 intersection, designed to implement
the East Naples Community Development Plan, as accepted by the Board in October 2020. (Sponsored by
Commissioner LoCastro) (District 1, District 4) (Commissioner LoCastro’s Request)
Continue Item 16A15 to the October 11, 2022, BCC Meeting: *** This Item continued from the September
13, 2022, BCC Meeting. *** Recommendation to review options to increase public awareness for new Site
Development Plan and Site Development Plan Amendment applications. (All Districts) (Commissioner
McDaniel’s Request)
Continue Item 16H2 to the October 25, 2022, BCC Meeting: Request the Board adopt a proposed resolution
by Mr. David Silverberg that condemns anti-Semitism in all forms and expressions; condemns all forms of
discrimination, prejudice, and hate against any person or group of people regardless of faith, race, gender,
creed, sexual orientation, or national origin; condemns any call to violence or use of violence for any purpose
at any time; and resolves to actively and vigorously oppose, investigate, and prosecute to the fullest extent of
the law any advocacy of violence, acts of violence, or crimes manifesting hatred against any person, property,
or institution based on faith, race, gender, creed, sexual orientation, or national origin, and will provide to
bigotry no sanction and to persecution no assistance. (Sponsored by Commissioner McDaniel) (All Districts)
(Commissioner McDaniel’s Request)
Continue Item 16C2 to the October 11, 2022, BCC Meeting: Recommendation to approve several
agreements that allow Gulf Coast Junior Golf Tour, Inc. d/b/a The First Tee of Naples/Collier, a Florida not
for profit corporation, (hereinafter “First Tee”) to sublease, construct and operate the First Tee –
Naples/Collier Learning Center (“Learning Center”) on a portion of the Golden Gate Golf Course property
with a term of 99-years, and a right of first refusal in furtherance of the intent of the Board approved Collier
County Standard Form Long-Term Lease and Operating Agreement with CC BSG Naples, LLC
(“BigShots”). (District 3) (Clerk of Courts Request)
Notes:
TIME CERTAIN ITEMS:
Item 5A is to be heard immediately following the approval of the amended Regular, Consent, and Summary
Agenda.
11/7/2022 3:55 PM
09/27/2022
EXECUTIVE SUMMARY
Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner
Decision No. 2022-38 which finds that the proposed use of self-storage/mini warehousing,
indoor (SIC Code 4225) is comparable in nature to other permitted us es in Section 4.3.A of
the Wentworth Estates Mixed Use Planned Unit Development created by Ordinance No.
03-51, as amended. (Petition No. PL20220001501)
OBJECTIVE: To appeal the Hearing Examiner’s decision in Hearing Examiner Decision No.
2022-38 which finds that the proposed use of self-storage/mini warehousing, indoor (SIC Code
4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates
Mixed Use Planned Unit Development created by Ordinance No. 03-51, as amended.
CONSIDERATIONS: On September 9, 2022, the Collier County Hearing Examiner issued an
opinion that the proposed use of self-storage/mini warehousing, indoor (SIC Code 4225) is
comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Es tates Mixed
Use Planned Unit Development created by Ordinance No. 03-51, as amended. The permitted use
in Section 4.3.A of the PUD is for “Automotive dealers and gas stations (S5511, 5531, 5541 with
services and repairs as described in Section 2.6.28 of the Land Development Code 5571, 5599,
new vehicles only.”
Prime Partners, LLC filed the comparable use petition to allow an upscale commercial
condominium use for storage of vehicles and recreation in the Commercial Area of the
Wentworth Estates Mixed Use Planned Unit Development.
The basis for the appeal is that Section 4.3 of the PUD Ordinance applicable to the Commercial
Area does not contain the language “any other use, which is comparable in nature with the
foregoing uses” or any similar language. Therefore, the self-storage use/mini warehousing use
should not be approved through a comparable use determination pursuant to LDC Section
10.02.06.K.
The subject commercial property is located on the south side of Tamiami Trail East
approximately 1.25 miles south of Rattlesnake Hammock Road and Tamiami Trail East, east of
the Via Veneto Subdivision within the Wentworth Estates MPUD.
FISCAL IMPACT: The cost to file the petition for the appeal is $1000 and the cost of
advertising the appeal hearing is approximately $600.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality and requires a majority vote for Board approval. -JAK
RECOMMENDATION: Recommendation to appeal the Hearing Examiner’s decision in
Hearing Examiner Decision No. 2022-38 which finds that the proposed use of self-storage/mini
warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section
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09/27/2022
4.3.A of the Wentworth Estates Mixed Use Planned Unit Development created by Ordinance No.
03-51, as amended.
PREPARED BY: Commissioner Rick LoCastro, District 1
ATTACHMENT(S)
1. HEX Decision 2022-38 Petition No. PCUD-PL20220001501 8-11-22 (PDF)
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09/27/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Doc ID: 23431
Item Summary: *** This Item continued from the September 13, 2022, BCC Meeting. ***
Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner Decision No. 2022-38
which finds that the proposed use of self-storage/mini warehousing, indoor (SIC Code 4225) is
comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use
Planned Unit Development created by Ordinance No. 03-51, as amended. (Petition No. PL20220001501)
(Sponsored by Commissioner LoCastro)
Meeting Date: 09/27/2022
Prepared by:
Title: Sr. Operations Analyst – County Manager's Office
Name: Geoffrey Willig
09/20/2022 11:33 AM
Submitted by:
Title: Deputy County Manager – County Manager's Office
Name: Amy Patterson
09/20/2022 11:33 AM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/20/2022 11:55 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/20/2022 11:58 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/20/2022 3:55 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/21/2022 3:02 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/21/2022 4:22 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/27/2022 9:00 AM
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10.A.1Packet Pg. 108Attachment: HEX Decision 2022-38 Petition No. PCUD-PL20220001501 8-11-22 (23431 : HEX Appeal)
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HEX NO. 2022-38
HEARING EXAMINER DECISION
DATE OF HEARING.
August 11, 2022
PETITION.
Petition No. PCUD PL20220001501 - Wentworth Estates MPUD Indoor Self Storage -
Request for a decision of the Hearing Examiner that the proposed use of self-storage/ mini
warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in
Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development (MPUD)
adopted by Ordinance Number 03-51, as amended. The subject parcel is approximately +/-
9.07 acres, located on the south side Tamiami Trail East (US 41) approximately 1.25 miles
south of the Rattlesnake Hammock and Tamiami Trail E intersection in Section 30,
Township 50 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
Petitioner requests a determination that the proposed self-storage/mini warehousing, indoor (SIC
Code 4225) is comparable in nature to the currently allowed permitted principal uses for the
Commercial Area of the Wentworth Estates Mixed-Use Planned Unit Development (MPUD)
adopted by Ordinance Number 03-51, as amended.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the
County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in-person.
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5. A newspaper advertisement is required for public hearing in accordance with F.S. § 125.66.
The newspaper advertisement posted in the Naples Daily News on July 15, 2022, and July 22,
2022. Per the Land Development Code and Administrative Code, a Comparable Use
Determination petition does not require a Neighborhood Information Meeting, a mailing to
surrounding property owners, or posting of a sign on the property.
6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner’s
representative, public comment and then rebuttal by the Petitioner and/or Petitioner’s
representative. Marc Rosenberg, a homeowner in the neighborhood, appeared at the public
hearing requesting a buffer to block both the noise and the view.
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:
i. Operating hours.
The record evidence and testimony from the public hearing reflects that the proposed
vehicle storage units would be accessible to owners or lessees of the units on a 24-hour
basis. Gasoline service station is a permitted use within the Commercial Area, which
would have a greater commercial level of activity on a 24-hour basis than the proposed
indoor storage units.
ii. Traffic volume generated/attracted.
The record evidence and testimony from the public hearing reflects that the proposed
vehicle storage units do not generate any more trips than other permitted uses such as
gasoline service station or car dealership that would otherwise be permitted on this
parcel. The development must comply with all other applicable concurrency management
regulations a new Traffic Impact Statement (TIS) will be submitted and reviewed at the
time of Site Development Plan (SDP).
iii. Type of vehicles associated with the use.
The record evidence and testimony from the public hearing reflects that the proposed use
of indoor vehicle storage may be associated with personal vehicles ranging from
motorcycles to passenger vehicles to recreational vehicles. From time to time, auto
delivery and pick-up vehicles may access the site. To control the impact of activities
associated with vehicle loading or unloading, Condition #3 listed herein will require that
vehicle loading or unloading shall be accommodated on site, shall not be oriented toward
the Via Veneto subdivision, and shall not be in any public right-of-way. As conditioned,
the types of vehicles associated with the proposed use are comparable and therefore
1 The Hearing Examiner’s findings are italicized.
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these types of vehicles acceptable in comparison to vehicles potentially associated with
other permitted uses, such as: automotive dealers, gasoline service stations, and
automotive rental and leasing.
iv. Number and type of required parking spaces.
The record evidence and testimony from the public hearing reflects that in LDC Section
4.05.4.G., Table 17 provides the parking space requirement for the proposed indoor
storage as: 1 parking space per 20,000 square feet of storage buildings plus 1 per 50
vehicle/boat storage spaces plus 1 per 300 square feet of office areas, with a minimum
of 4. The parking requirement needed for this type of use is less intense than a general
retail shopping center requirement of 1 parking space per 250 square feet. At the time of
SDP, the project will be reviewed to comply with parking standards.
v. Business practices and activities.
The record evidence and testimony from the public hearing reflects that the types of
activities and hours of operation for the proposed indoor vehicle storage are either
comparable to, or less intense than, those for other permitted uses such as automotive
dealers, gasoline service stations, repair, and automotive rental and leasing. To address
the compatibility of the practices and activities associated with the indoor vehicle storage
with surrounding uses, the following standards that typically apply within Business Parks
per LDC 4.02.13.I to apply: Condition #4. The use of metal roll-up garage doors located
on the exterior of the perimeter buildings and walls of buildings which are visible from
a public right-of-way is prohibited; Condition #5. Access to individual units whether
direct or indirect must be from the side of a building that is oriented internally; Condition
#6. No outdoor storage of any kind is permitted; and Condition #7. Storage units shall
be utilized for storage purposes only, with parameters for associated activities that are
common to “car condo” units. Additionally, Condition #8 is recommended to limit
outdoor amplified sound as is typically applied to higher intensity uses in proximity to
residential neighborhoods
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 subject site
faces US 41 and will be accessed from US 41. To the south and west are residentially
designated areas of Treviso Bay. Immediately west is a +/-40-foot-wide tract owned by
the Treviso Bay Property Owners Master Association beyond which are single family
homes and a lake. To address the effect of the use in relation to noise, glare, or odor
effects, limits should be considered on the design of the building and orientation of
service or loading uses. Commercial architectural standards of the LDC will apply to
the building design, and the applicant has provided an architectural rendering to
indicate the building’s general appearance. Condition #9 will require that the building
should be designed in general conformity with the architectural rendering, Treviso Bay
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Car Condos Conceptual Elevations by pkSTUDIOS dated May 4, 2022. The applicant
also committed to a maximum zoned height of 35 feet and a maximum actual height of
45 feet, see Condition #10. Condition #11 requires that lighting shall be shielded and
directional to avoid glare on the neighboring Via Veneto subdivision. Hours of operation
allowing for 24-hour access to units is less intrusive than the 24-hour operation that
would be associated with gasoline service stations which are also a permitted use within
the Commercial Area. As conditioned, the effect of the proposed indoor vehicle storage
on neighboring properties would be comparable or less than that of repair, automotive
dealers, gasoline service stations, and automotive rental and leasing. See Conditions of
Approval #2-11 that are intended to address the effect of the use on neighboring
properties.
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 site is
designated on the Future Land Use Map as Urban Coastal Fringe subdistrict in the
Urban Mixed-Use District, and the proposed use is consistent because the Commercial
Area was deemed consistent by policy.
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 purpose
statement of the Commercial Area within the MPUD states: “Areas designated as
Commercial Area on the Wentworth Estates PUD Master Plan are designed to
accommodate a full range of commercial, retail and office uses designed to serve
residents of the Wentworth Estates PUD and the immediate vicinity.” Of the sixteen
categories of non-residential use groups that are listed as permitted, the following uses
are indicative of the breadth and variety of type and intensity of currently permitted
commercial uses, which are allowable in the C-4, C-5 or I Industrial Zoning Districts:
New car dealerships (5511), Gasoline service stations (5541 with services and repairs),
Miscellaneous repair shops (7622-7699), Car rental and leasing (7514), Amusement and
recreation services (7911, 7922, 7933, 7991) and Membership organizations (8611-
8661). As stated above, the proposed indoor vehicle storage is comparable to currently
permitted uses in the Commercial Area of the Wentworth Estates MPUD.
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 no additional
information was provided.
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ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County’s staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner’s
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 10.02.06.K
of the Land Development Code to approve this Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PCUD-PL20220001501, filed by
Christopher O. Scott, AICP of Peninsula Engineering representing Prime Partners, LLC, with
respect to the property as described in the Wentworth Estates Mixed-Use Planned Unit
Development (MPUD) adopted by Ordinance Number 03-51, as amended, for the following:
• A request for a determination that the proposed use of self-storage/ mini warehousing, indoor
(SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the
Wentworth Estates Mixed Use Planned Unit Development (MPUD) adopted by Ordinance
Number 03-51, as amended.
Said changes are fully described in the Conceptual Design dated May 4, 2022 attached as Exhibit
"A" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A – Conceptual Design dated May 4, 2022
LEGAL DESCRIPTION.
See Ordinance No. 03-51, as amended, located on the south side Tamiami Trail East (US 41)
approximately 1.25 miles south of the Rattlesnake Hammock and Tamiami Trail E intersection in
Section 30, Township 50 South, Range 26 East, Collier County, Florida and is approximately
+9.07 acres.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. This determination is for self-storage/mini warehousing, indoor (4225, limited to vehicle
storage).
3. Vehicle loading or unloading shall be accommodated on-site, and shall not be oriented
toward the Via Veneto subdivision, and shall not be in any public right-of-way.
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4. The use of metal roll-up garage doors located on the exterior of the perimeter buildings and
walls of buildings which are visible from a public right-of-way is prohibited.
5. Access to individual units whether direct or indirect must be from the side of a building
that is oriented internally. This shall not preclude any means of egress required by the
Florida Building Code or Florida Fire Prevention Code.
6. No outdoor storage of any kind is permitted.
7. Storage units shall be utilized for storage purposes only, with allowance for the following
uses within individual units:
a. Storage of personal property such as automobiles, boats, recreational vehicles, with
accessory furniture or other personal items.
b. Minor maintenance of personal property which conforms to applicable regulatory
standards for noise, vibration, glare, fumes or odors.
c. Personal hobby and recreation, such as watching television, gaming, listening to music
and similar uses.
8. No outdoor amplified sound is permitted (does not apply to personal electronic devices).
9. Building architecture shall be similar to the image depicted on Attachment A-1, Treviso
Bay Car Condos Conceptual Elevations by pkSTUDIOS dated May 4, 2022.
10. Building height shall be limited to a maximum zoned height of 35 feet and a maximum
actual height of 45 feet.
11. Lighting shall be shielded and directional to avoid glare on the Via Veneto subdivision.
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.
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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.
________________________ ____________________________________
Date Andrew Dickman, Esq., AICP
Hearing Examiner
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EXHIBIT “A”
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Packet Pg. 117 Attachment: HEX Decision 2022-38 Petition No. PCUD-PL20220001501 8-11-22 (23431 : HEX Appeal)EXHIBIT "A"