HEX Final Decision 2024-44HEX NO. 2024-44
HEARING EXAMINER DECISION
DATE OF HEARING.
August 22, 2024
PETITION.
Petition No. PCUD-PL20230018178 — L&W Supply at 4720 Radio Road —Request for a
determination that the proposed use of a hybrid wholesale and retail lumber and building
material dealer is comparable in nature to other permitted uses in the Heavy Commercial
(C-5) zoning district described as lumber and other building materials dealers (SIC 5211).
The subject property is located at 4720 Radio Road, Naples, FL 34104, also known as C M
G Plat Lot 2, in Section 1, Township 50 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner is requesting for a determination that the proposed use of a hybrid wholesale and
retail lumber and building material dealer is comparable in nature to other permitted uses in the
Heavy Commercial (C-5) zoning district described as lumber and other building materials dealers
(SIC 5211).
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. Per the County's Land Development Code (LDC) and Administrative Code, a Neighborhood
Information Meeting (NIM), posting of a sign on the subject property, and mailing to
surrounding property owners are not required. The only notice required is a newspaper
advertisement for the Hearing Examiner public meeting (Administrative Code, Chapter 3L,
and LDC §10,03.064 O), which was posted in the Naples Daily News on Friday, August 2,
2024.
Page 1 of 7
5. 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.
6. The County's Land Development Code Section 10.02.06.K lists the criteria for a comparable
use determination. The Hearing Examiner may approve a comparable use determination based
on the following standards, as applicable.I
1. The proposed use possesses similar characteristics to the other permitted uses in the
zoning district, overlay, or PUD, including but not limited to the following:
The r°ecord evidence and testimony from the public hearing r°effects that the applicant states
that: The proposed use is a lumber and building material dealer that is both ~vholesale and
retail, a "hybrid lvholesaleh°etail lumber and building material dealer. " This is comparable
to the following C-5 permitted use:
Lumber and other building materials dealers (5211). The proposed use is hybrid
~vholesale and retail lumber and other building materials dealers. It does not sell only
to business establishments.
According to County Planning Staff "The Zoning Verification Letter, issued on
September 7, 2023, staff determined that the proposed land use classified under SIC
5211, Lumber and Other Building Materials Dealers, is a permitted use in the C-5
Zoning District, according to LDC Sec. 2.03.03.K 1.a.100. The proposed use for this
CUD is a "hybrid ~vholesale and retail lumber and building material dealer. "
Typically, ~vholesale lumber tinder SIC 5031 are located in the Business Park District
in the Industrial Zoning District. Because the proposed use on the subject property will
be a hybrid wholesale and retail, buyers hill be from the public, businesses,
institutional, and industrial. Therefore, staff believes this proposed use in the subject
property adds ~vholesale to the permitted use of SIC 5211 and is comparable and
similar to the permitted use of Lumber and other building materials dealers. "
i. Operating hours.
The record evidence and testimony from the public hearing reflects that the applicant's
proposed operatr.'ng hours for° L&War°e the following:
• Monday —Friday: 6: OOam to 4: 30pm
• Saturday: 6: OOarn to 3: OOpm
• Sunday: Closed
According to County Planning Staff "These operating hours are consistent with the
proposed use being offered. These proposed hours are comparable and consistent lvith
other uses allowed in the C-5 Zoning District since other uses have an opening and
closing time behveen 6 a. in. and 10 p. m. and some various times on the lveekends. The
1 The Hearing Examiner's findings are italicized.
Page 2 of 7
L& w will have less intense hours since it i-vill have a similar opening but 11vin close
earlier on weekdays and will not be open on weekends. "
ii. Traffic volume generated/attracted.
The record evidence and testimony from the public hecn°ing reflects that the applicant
responds that: "The ITE code for this itse is 812 Building Materials and Litrnber° Store.
The explanatory text for that ITE code is: A building materials and lumber store is a
' ee-standing building that sells hardware, building materials, and lumber. The lumber
nzay be stored in the main building, yard, or storage shed The buildings contained in
this land use have less than 30, 000 square feet (sq. ft.) gross floor area (GFA).
Hard-vane/paint store (Land Use 816) and home improvement superstore (Land Use
862) are related uses. This code does not differentiate behveen retail and wholesale or
behveen either and hybrid establishments. Thus, per the ITE, the trafficfor this use has
the same volume as the permitted use. "
According to County Plam�ing Stcff "Stcff supports the similar traffic volume
generated by the proposed use of the hybrid lumber retail, ivholescde, and building
materials. The proposed use is consistent and comparable ivith other allol,ved ztses in
the CS zoning district and won't generate a substantial increase in traffic volume. "
iii. Type of vehicles associated with the use.
The record evidence and testimony fi°om the pztblic hearing reflects that the applicant
r°esponds that: "As the permitted use states, it sells "primarily" to construction
contractors, and as the proposed use does as well, the type of vehicles associated with
the proposed use is indistinguishable from the permitted use. Additionally, the ITE
makes no distinction behiveen vehicle types for retail, wholesale, or hybrid
r etaillwholesale. "
According to County Planning Stcrff "The vehicles to be used in association 1-vith the
proposed zrse have minimal impact on the existing tr anspor°tation facilities located at
the subject property. The parking provided may be sufficient for the proposed use since
it will not add additional trips to what is already providedfor the existing site. Staff
supports the type of vehicles that will utilize the sztbject property since there is no
drastic change or difference for vehicle types that will use retail or wholesale lumber
crud building materials. "
iv. Number and type of required parking spaces.
The record evidence and testimony fi°om the public hearing reflects that the applicant
responds that: "The requirement for htmber and building supplies is:
Building (Only for retail sales where the supplies are primarily stored outside), 1
suppliesllumberyard Per 275 square feet of inside retail/office area plus 1 per 1,500 square
feet of enclosed or roofed storaee structures.
Page 3 of 7
No distinction is made between retail and wholesale. Thus, the parking requirements are
the same. "
According to County Planning Stcff. "Staff supports and determines this use is sufficient
pursuant to LDC Sec. 2.03.03. E. La. 120. Outdoor Storage Yards and is also sufficient
pursuant to LDC Sec. 4.02.12.A. meeting the parking design standards for• outdoor
storage of lumber and building supplies. "
v. Business practices and activities.
T7�e record evidence and testimony from the public hearing reflects that the
application's responds that: "Specifically, because the SIC code for lumber yards
contemplates contractor purchases, even a majority of contractor purchases, the
business practices of the htvo uses are indistinguishable because, in the proposed use,
members of the general public can purchase. "
According to County Planning Staff "Staff supports cmd deter°mines this is si�cient
for the proposed use since there is no exclusion for customers since contractors and
the public are able to make purchases. "
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 fi°om the public hearing reflects that the applicant
responds that: "The current zoning is C.5, this contains many intense uses that create
sign f cant noise, glare, and odor effects. For example:
Automotive repair• services (7532 — 7539); Automotive services (7549); Concrete lvork
(1711); Cr°ematories (7261); Hai°dware stores (5251); Hospitals (8062-8069); and
Welding repair (7692).
Beyond the above intense uses, the use is, from a noise, glare, and odor effects standpoint,
indistinguishable fi°om the permitted use: Lumber cmd other building materials dealers
(5211). "
According to Count3� Planning Staff "This is consistent with the proposed use on the
subject pr•opertJ�. The or°iginal structure �-vas permitted under per•mit #199906-0885 and
constructed in 2000. Since then, there has been only one code enforcement issue
regarding a noise complaint on November 16, 2009, and it was resolved tivithin a 11veek.
There 110ll be no anticipated negative effects of noise, glare, or odor. "
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.
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The record evidence and testimiony from the public hearing reflects that the applicant
responds that: "For the same reason Lumber and other building materials dealers (5211)
is consistent with the GMP, this proposed use is also consistent with the GMP. "
County Planning Staff Response: "The proposed use is consistent with the GMP because
it is located within the Urban Residential Subdistrict and thus it is consistent with the
FL UE. "
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 applicant
responds that: "For the same reason Lumber and other building materials dealers (5211)
is compatible and consistent with other permitted uses in the zoning district, this
proposed use is also compatible and consistent with other permitted uses in the zoning
district. "
County Planning Staff Response: "Staff supports cmd determines this sirff dent, since the
SIC Code 5211 is a permitted use in the C5 Zoning District; the proposed use is adding
wholesale to the permitted use, which is typically permitted in the Business Park of the
Industrial Zoning District. Therefore, the proposed use is compatible i->>ith the other uses
in the zoning district. "
5. The proposed use shall be compatible with the surrounding neighborhood.
The r•ecor•d evidence and testirnor�y from t1�e public hearing reflects that the applicant
responds that. "The proposed use is compatible with the surrounding neighborhood.
Specifically, there are retail sellers with indistinguishable intensity) nearby, and across
Radio Road is an industrial park. "
County Planning Staff Response: "Stcff supports and deter°mines this si fficient, since the
SIC Code 5211 is a permitted use in the GS Zoning District. The proposed use 1��ill be
open to the public and contractors since i-Molesale and retail will be utilized together at
the scene site. The adjacent properties are the Sumrnerwood PUD to the west and to the
south, other G5 zoned uses to the east, an arterial in Radio Road to the north, and across
Radio Road is an Industrial Zoning District. Therefore, the proposed use is compatible
with the surrounding neighborhood "
6. Any additional relevant information as may be required by County Manager or
Designee.
The record evidence and testimony ftorn the public hearing reflects that the applicant
responds that: "N/A. "
Page 5 of 7
County Planning Stcff Response: "Stcq supports this proposed use of a hybrid
wholesale/retail lumber and building material dealer, primarily since the retail aspect is
a permitted use and the included wholesale aspect is the reason for the comparable use,
and this will be frequented by both contractors and the public fOr business. "
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the Count07 expert
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-PL20230018178, filed by
Zachary Lombardo, Esq. of Woodward, Pires & Lombardo, PA, representing the applicant Sandal
Real Estate Holdings, LLC, with respect to the property that will be housed at the subject 3.53+/-
acre property located at 4720 Radio Road, Naples, FL 34104, which is located on the south side
A the intersection of Commercial Boulevard and Radio Road in Section 1, Township 50 South,
Range 25 East, Collier County, Florida, for the following:
• A request for a determination that the proposed use of a hybrid wholesale and retail lumber
and building material dealer is comparable in nature to other permitted uses in the Heavy
Commercial (C-5) zoning district described as lumber and other building materials dealers
(SIC 5211).
Said changes are fully described in the Zoning Map attached as Exhibit "A" and the Subject
Property Survey 12/29/2023 attached as Exhibit "-D and are subject to the conditions) set forth
below.
ATTACHMENTS.
Exhibit A —Zoning Map
Exhibit B —Subject Property Sm•vey 12/29/2023
LEGAL OR GEOGRAPHIC DESCRIPTION.
The subject use will be housed at the subject 3.53+/- acre property located at 4720 Radio Road,
Naples, FL 34104, which is located on the south side of the intersection of Commercial Boulevard
and Radio Road in Section 1, Township 50 South, Range 25 East, Collier County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before coulmencement of the
development.
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2. The approval of this PCUD is made at this specific location, 4720 Radio Road, Naples, FL
34104, and shall not be construed to mean the use is entitled in a different location.
3. The operating hours will be as follows: Monday through Friday from 6:00 a.m. to 4:30
p.m., Saturdays from 6:00 a.m. to 3:00 p.m., and closed on Sundays.
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,
September 4, 2024
Date
Page 7 of 7
Andrew Dickman, Esq., AICP
Hearing Examiner
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Adjacent C-5 Rroperty:
4740 Radio Dr
'�""Subject Property:
4720 Radio Dr
s• .tl ' ,i yia'i'ii �v�,rwy
Subject Property Survey froth December 29, 2023 (Source: Exacta Land Surveyors, LLC)
PCUD-PL20230018178 — L&W Supply at Radio Road
Page 5 of 12
July 30, 2024