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HEX Final Decision 2014-20 HEX NO. 2014 —20 HEARING EXAMINER DECISION PETITION NO. PUD-CUD—PL2014000487—3603 Westview LLC requests affirmation 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 for commercial development under Section 2.2 of the Westview Plaza PUD, Ordinance No. 83-45. The subject property is located east of Airport-Pulling Road,just south of Radio Road, in Section 1, Township 50 South, Range 25 East, Collier County, Florida, consisting of 20.37 acres. DATE OF HEARING: August 14, 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 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 affirms the Planning and Zoning Department's PUD Comparable Use Determination relating to Petition No. PUD-CUD—PL2014000487, filed by Anita Jenkins, AICP, of J.R. Evans Engineering, P.A., representing 3603 Westview, LLC that the proposed use of Indoor Storage is comparable in nature to other permitted uses for commercial development under Section 2.2 of the Westview Plaza PUD, Ordinance No. 83-45, on the property described therein, as stated in the PUD Comparable Use Determination zoning verification letter attached as Exhibit"A". ATTACHMENTS: Exhibit A—PUD Comparable Use Determination PUD-CUD-PL20140000487 LEGAL DESCRIPTION: See Ordinance No. 83-45, the Westview Plaza PUD. [14-CPS-01320/854411/1112 1 oft 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. S - (1 -20 ( y 4 Date M. ■ Strain, Hearing Examiner Appro d as to fo and legality: Scott A. Stone Assistant County Attorney [14-CPS-01320/854411/1]12 2 of 2 Exhibit "A" Page 1 of 2 Co �r �..ol41-aty Growth Management Division Planning & Zoning Department April 17, 2014 Anita Jenkins, AICP J.R. Evans Engineering, PA 23150 Fashion Drive Estero, FL 33928 Re: PUD Comparable Use Determination PUD-CUD-PL20140000487; Westview Plaza PUD, Indoor Storage, Collier County, Florida, Folio Number 81570160004 Dear Ms. Jenkins: Thank you for your request for a PUD Comparable Use Determination. The subject property is zoned Planned Unit Development (Westview Plaza PUD), Ordinance No. 83-45. You requested a determination that indoor storage is a permitted use in the subject PUD. Indoor storage is a low-intensity use with little associated traffic. Most other permitted uses in the PUD are relatively intense commercial uses with average to high traffic generation. Certain uses, specifically manufacturing, laboratories and research and development are low traffic generators. These uses usually also require storage of products as an accessory use. Staff believes that the proposed use of Indoor Storage is a less-intense use than some of the permitted uses, and therefore Staff believes that Indoor Storage is comparable in nature to the other uses in the PUD and a compatible use in the district. Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of Indoor 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 Staffs 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" Page 2 of 2 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: • ?-a..9 6. Fred Reischl. AICP, Senior Planner Ram V. Bellows. Zoning Manager Y 9 9 Planning & Zoning Plannin6 & Zoning cc Annis Moxam,Addressing Section Laurie Beard,Commitment Tracking