HEX Final Decision 2014-12 HEX NO. 2014 - 12
HEARING EXAMINER DECISION
PETITION NO. ZVL—PL20140000524 - Old 41 PHX, LLC requests approval of a zoning
verification letter issued by the Planning and Zoning Department pursuant to LDC Section
10.02.06, in which County staff determined that the proposed use of Indoor Storage is
comparable in nature to other permitted uses in the Industrial Tract under Section 7.2(a)
of the Sterling Oaks PUD, Ordinance No. 92-79, as amended. The subject property is
located in Tract M, Sterling Oaks subdivision, within the Sterling Oaks PUD, in Section 9,
Township 48 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: May 22, 2014
STAFF RECOMMENDATION: Approval.
FINDINGS:
1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the
Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land
Development.
2. Based on the applicant's written petition,testimony at the hearing of the applicant and the
public, and the recommendation of staff, the Hearing Examiner finds that the criteria set
forth in Section 10.02.06.J of the Land Development Code has been met and the petition
should be approved.
DECISION:
The Hearing Examiner hereby approves Petition No. ZVL—PL20140000524, filed by Steven
Bracci, Esq., representing OLD 41 PHX, LLC, requesting approval of a zoning verification letter
determining that the proposed use of Indoor Storage is comparable in nature to other permitted
uses in the Industrial Tract under Section 7.2(a) of the Sterling Oaks PUD, Ordinance No. 92-79,
as amended, on the property described herein, and affirms staff's determinations as stated in the
Zoning Verification Letter attached as Exhibit"A".
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL—PL20140000524
LEGAL DESCRIPTION:
Tract "M", Sterling Oaks, according to the map or plat thereof, as recorded in Plat Book 23,
Pages 5 through 20, of the public records of Collier County, Florida.
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APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing
Examiner Decision is rendered.
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.
5 -22 -20t` GJA I /
Date Mar' Strain, Hearing Examiner
Appr ed as to fo and legality:
Scott . S one
Assistant County Attorney
14-CPS-01313/12
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Exhibit A
Page 1 of 2
Co 1e-r Ceamanty
Growth Management Division
Planning &Zoning Department
April 4, 2014
Steven Bracci
The Law Office of Steven J. Bracci, PA
9015 Strada Stell Court, #102
Naples, FL 34109
Re: Zoning Verification Letter ZVL-PL20140000524; Sterling Oaks PUD, Tract M Storage,
Collier County, Florida, Folio Number 74900007964
Dear Mr. Bracci:
Thank you for your request for Zoning Verification. The subject property is zoned Planned Unit
Development (Sterling Oaks PUD), Ordinance No. 92-79.
You requested verification that indoor storage is a permitted use in the subject PUD.
The subject site is governed by Section 7.2.A of the PUD, Permitted Principal Uses and
Structures in the industrial District. These listed uses include corporate headquarters;
laboratories; light manufacturing, processing and packaging; medical laboratories. clinics,
treatment facilities and research and rehabilitative centers; printing, lithographing and
publishing; and technological research, design and product development. Clearly, storage is not
listed as a permitted principal use; however, Section 7.1, Purpose and Intent, lists "storage" as
something the PUD provides for.
Staff believes that the proposed use of General Warehousing and Storage (SIC Code 4225) is a
less-intense use than the permitted uses, and since this use is listed in the Purpose and Intent
section, Staff believes that Indoor Storage is comparable in nature to the other uses in the
PUD.
Staff's opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of
General Warehousing and Storage is comparable in nature to other uses in the PUD. Your
request will be forwarded to the Hearing Examiner for affirmation of Staffs opinion. You will be
apprised of the hearing date and advertising fees as soon as possible. Please note that Staff's
opinion is not binding on the Hearing Examiner.
Please be advised that the information presented in this verification letter is based on the Collier
County Land Development Code (LDC) and Growth Management Plan in effect as of this date.
It is possible that subsequent amendments to either of these documents could affect the validity
of this verification letter. It is also possible that development of the subject property could be
affected by other issues not addressed in this letter, such as, but not limited to, concurrency
related to the provision of adequate public facilities, environmental impact, and other
requirements of the LDC or related ordinances.
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Exhibit A
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Should you require further information or have any questions, please do not hesitate to contact
me at (239) 252-4211 or fredreischl @colliergov.net.
Researched and prepared by: Reviewed by:
Fred Reischl, AICP, Senior Planner Raymon V. Bellows, Zonin Manager
Y � 9 9
Planning &Zoning Planning& Zoning
cc: Annis Moxam,Addressing Section
Laurie Beard,Commitment Tracking