HEX Final Decision 2024-48HEX NO. 2024-48
HEARING EXAMINER DECISION
DATE OF HEARING.
August 29, 2024
PETITION.
Petition No. PDI-PL20240005623 — A request for a comparable use determination that a
sterile processing center is comparable, compatible, and consistent with the list of permitted
uses in Section 3.3.A of the Naples Daily News Business Park Planned Unit Development
(BPPUD), Ord. No. 0649, as amended. The proposed use will occupy ±25,145 square feet of
the approximately 186,000 square -foot building in Parcel A. The BPPUD is located at the
southwest quadrant of the intersection of Immokalee Road and Arthrex Boulevard in Section
27, Township 48 South, Range 25 East of Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner is requesting for a determination that the proposed use of a sterile processing center
(SIC 5407) is comparable in nature to the list of permitted uses in Section 3.3.A of the Naples
Daily News Business Park Planned Unit Development (BBPUD) adopted by Ordinance Number
200649, 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. 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 (Attachment 4) for the Hearing Examiner public hearing is the
only notice required per Administrative Code (Chapter 3L), and LDC § 10.03.06.0 in
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accordance with F.S. § 125.66. The newspaper advertisement posted in the Naples any IN
on August 9, 2024.
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.
i. Operating hours.
Smaller -size trucks 1a�ill be used to both drop off the non/sterile equipment/supplies and
to pick up the sterilized equipment/supplies for redistribution. Most of these trips JJ�ill
occur between 6: 00 a. m. and 9.000 a. in. and between 3: 00 p. m. and 6: 00 p. rn. Internally,
operation of the facility will vary based on the demand for sterilized equipment and
supplies and may occur up to 24 hours a day, seven days a iveek.
Commercial uses about the property to the east and west. Residential development lies
to the south; the distance behveen the SPC drop-off and pick-up and the closest home
is 1,100 feet. A residential section of the PUD to the north is separated from the SPC
by Immokalee Road and is 1, 000 feet f °om the delivery/pick-up location.
ii. Traffic volume generated/attracted.
A tJaffrc analysis prepared by Ti°ebilcock and Associates (Attachment 1, Pcrge 28)
determined that there will be reduction in both A.M, and P.M, peak -hour trips
compared to the current allocation of space ivithin the facility. It is estimated that there
will be 20 truck trips per day associated with the SPC. There will be 50 employees
�>>or•king at the SPC divided into three shifts of 17 employees.
Type of vehicles associated with the use.
NCH employee vehicles will be the same type as those used by former° NDN employees.
Trucks servicing the SPC �-Hill be smaller than some of the trucks serving the NDN
newspaper• production, particularly those that delivered rolls of neivspr•int paper.
iv. Number and type of required parking spaces.
The Naples Daily News applied for and received a parking reduction (APR-2007-AR-
11611 (Attachment 2) to a requirement for 346 spaces.
i The Hearing Examiner's findings are italicized.
NCHpurchased the P UD properly in December 2020. Seeking to change the building's
use fi°oin newspaper production to a hospital administration facility) with accessory
records retention and blood banking, an Administrative Parking Reduction (APR-
PL20210000638) (Attachment 3) and Comparable Use Determination (CUD-
)L20220000192) (HEX 21-24) were applied for and approved
The proposed new use and LDC 4.05.04. G resulted in cr total parking requirement of
367 spaces. A large part of the applicant's justification for the APR was that the
warehouse/storage use would change ftom active to dead storage, which significantly
reduced the warehouse/storage parking requirement from 109 spaces to hvo (2) spaces.
Based on this reduction in demand, the applicant's request to reduce the parking from
367 spaces to the 350 spaces currently available was granted. The 350 spaces are
significantly greater than what ivould have been required based on using the dead
storage requirement. CUD-PL20210000192, which approved the neiv use of the space
for hospital administrative and allied services and blood banking, also voided APR-
2007-AR41611.
The proposed SPC will again reconfiguration the building's interior space taking the
space needed for the SPC fr•orn the warehousing space. Using the approved hvo spaces
for dead storage and the new proposed use results in a parking requirement of 305, as
shown below. The proposed use results in a surplus of 45 spaces. The 350 spaces do
not include eight (8) handicapped and 10 loading zone spaces.
tise
S . I=t.
Rate
S aces
Gel) Office:
77,563
11300
258.5
Manufd'Processing
22.391
11500
44.8
Wareliot►sin *
86.549
-------*
2.0
Total
186.503
305.3
v. Business practices and activities.
The proposed SPC will generate felver peak -hour trips than the cur°rent use. There 1-Hill
be a pcir7�in6 surplus. The sterilization process will be quieter° than a commercial
printing press. Tractor trailers to supply bulky items such cis rolls of nelvsprint hill no
longer be required Overall, the SPC will operate more quietly with less intense
business practices than the currently approved uses in the BBPUD.
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.
Aside from delivery/pick-tip of medical equipment and supplies, all SPC-related
activities will occrir• indoors. Any glare f•om parked cars will be the same as when the
facility lvas operated by the NDN. With no tractor trailers, any noise to neighbors hill
be less than the previous use. The SPC hill not emanate malodorous odors.
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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 NDN BBPUC was found to be consistent �>>ith the GMP. The 'V °o sed use is
consistent iidth other permitted uses in the PUD therefore, the proposed use itself is
consistent with the GMP.
4. The proposed use shall be compatible and consistent with the other permitted uses in
the zoning district, overlay, or PUD.
Using the criteria stated above, the proposed arse is compatible and consistent with
other permitted uses in the BBP UD. Additionally, NCH occupies the entire Tract A of
the PUD.
5. The proposed use shall be compatible with the surrounding neighborhood.
Using the criteria stated above, the proposed use is compatible and consistent lvith other°
permitted uses in the BBPUD, the innnediate area is developing as a healthcare hub
�-vith NCH, Arthrex, and others. The closest residential neighborhood is 1200 feet to the
south and there is a golf course behveen it and the subject property). The rear of a
commercial shopping center is 600 feet directly ivest. Additionally, NCH occupies the
entire Tract A of the PUD
6. Any additional relevant information as may be required by County Manager or
Designee.
The pt•opert�� lies behveen Immokalee Road and Cr•eekside Boulevard and abuts
commercial PUD0 to the east and west. The loading dock is 900 feet south of the closest
residence to the north, which is on the other side of In vokalee Road; the closest
esidence to the south is more than 1, 000 feet f •orn the loading dock.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's 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.
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DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL20240005623, filed by
Robert Mulhere of Hole Montes, representing the applicant/owner NCH Healthcare System, Inc.,
with respect to the property that will be housed at the subject ±19.85-acre property (Folio
#00168040601) located on the south side of hmmokalee Road, approximately one -quarter mile east
of the intersection of Immokalee Road and Tamiami Trail North (U.S. 41) in Section 27, Township
48 South, Range 25 East, Collier County, Florida, for the following:
A request for a determination that the proposed use of a sterile processing center (SIC 5407) is
comparable in nature to the list of permitted uses in Section 3.3.A of the Naples Daily News
Business Park Planned Unit Development (BBPUD) adopted by Ordinance Number 200649, as
amended.
Said changes are fully described in the Zoning Map attached as Exhibit "A" and the Ordinance
Number 200649, as amended attached as Exhibit "B", and are subject to the condition(s) set forth
below.
ATTACHMENTS.
Exhibit A —Zoning Map
Exhibit B —Ordinance Number 2006-49, as amended
LEGAL OR GEOGRAPHIC DESCRIPTION.
The �19.85-acre property (Folio #00168040601) is located on the south side of Immokalee Road,
approximately one -quarter mile east of the intersection of Immokalee Road and Tamiami Trail
North (U.S. 41) in Section 27, Township 48 South, Range 25 East, Collier County, Florida.
CONDITIONS.
• Petitioner must comply with all applicable local, state and federal regulations
pertaining to operating a sterile processing center (SPC) (SIC )all any
applicable state and 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.
September 20, 2024
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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ORDINANCE NO. 06 - 49
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 200441, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM
RURAL AGRICULTURE (A) AND CREEKSIDE
COMMERCE PARK PUD ZONING DISTRICTS TO A
BUSINESS PARK PLANNED UNIT DEVELOPMENT
ZONING DISTRICT TO BE KNOWN AS THE NAPLES
DAILY NEWS BPPUD AND LOCATED, IN SECTION
27, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 3SP24
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
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RECEIVED
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WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor &Assoc,, P.A,,
representing Collier Publishing Company, Inc., d/b/a Naples Daily News, petitioned the
Board of County Commissioners to change the zoning classification of the herein
described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE:
The zoning classification of the herein described real property located in Section
27, Township 48 South, Range 25 East, Collier County, Florida, is changed from the
Rural Agriculture (A) and Creekside Commerce Park PUD Zoning Districts to Business
Park Planned Unit Development Zoning District for a project known as Naples Daily
News Business Park Planned Unit Development (BPPUD) in accordance with the
BPPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein.
The appropriate zoning atlas map or maps as described in Ordinance Number 200441, as
amended, the Collier County Land Development Code, is/are hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super majority vote of the Board of County
Commissioners of Collier County, Florida, this ,Ji �% day of �' C�' �?{' s' , 2006.
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ATTEST: .
DWIGHT FE* BROCK,CLERK
Atteiit `r� „ G CMUI oaDlleputy Clerk
ci�nrtur'i OItZ" ..
Approved as to form
and legal sufficiency
Marjori) M. Student -Stirling
Assistant County Attorney
P UDZ-2D05-AR-S 833/IvfJDlsp
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, :W
This ordinance filed with the
�c_r&tory of State's Office th
and acknowledgement of that
filing received this 9151 day
of 1V
C" putY Clark
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