HEX Final Decision 2015-05 HEX NO. 2015—05
HEARING EXAMINER DECISION
PETITION NO. ZVL (CUD) — PL20140002581 -- Cameron Partners II, 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 General Warehousing and Storage (SIC 4225), indoor air-conditioned mini-storage and
self-storage only, is comparable in nature to other permitted principal uses within the
Activity Center Commercial District under Section 6.4 of the Heritage Bay PUD,
Ordinance No. 03-40, as amended. The subject property is located at the northeast
quadrant of the Collier Boulevard (CR 951) and Immokalee Road intersection, in Section
23, Township 48 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: February 26, 2015.
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 is approved.
ANALYSIS:
No members of the public were in attendance and no letters of objection were received. In
addition to the comparable zoning analysis, Zoning Verification Letter ZVL(CUD)-
PL20140002581 included a discussion and determination regarding the allowed height of
buildings. The height determination was rendered by the zoning manager and not a subject of
this hearing; as such the Hearing Examiner did not consider the height issue under this review.
DECISION:
The Hearing Examiner hereby approves Petition No. ZVL(CUD)— PL20140002581, filed by
Frederick E. Hood, AICP of Davidson Engineering, Inc., representing Cameron Partners II, LLC,
requesting approval of a zoning verification letter determining that the proposed use of General
Warehousing and Storage (SIC 4225), indoor air-conditioned mini-storage and self-storage only,
is comparable in nature to other permitted principal uses within the Activity Center Commercial
District under Section 6.4 of the Heritage Bay PUD, Ordinance No. 03-40, as amended, on the
property described herein, and affirms staff's determinations as stated in the Zoning Verification
Letter attached as Exhibit A.
[15-CPS-01410/1150960/1]12 1 of 2
ATTACHMENTS: Exhibit A -Zoning Verification Letter ZVL(CUD)—PL20140002581
LEGAL DESCRIPTION:
Tract D, Heritage Bay Commons, according to the map or plat thereof as recorded in Plat Book
43, Page 46, Public Records of Collier County, Florida.
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.
3 - 5 - 2LS— Pat 114 Date M , Hearing Examiner
Approve as to form and legality:
Scott A. Stone
Assistant County Attorney
[15-CPS-01410/1150960/1]12 2 of 2
Exhibit A
tCo , Cou.Hty Page 1 of 2
Growth Management Division
Planning & Zoning
January 12, 2015
Fred Hood, AICP
Davidson Engineering, Inc.
4365 Radio Road, Suite 201
Naples, FL 34104
Re: Zoning Verification Letter ZVL(CUD)-PL20140002581; Heritage Bay PUD, Collier County,
Florida, Folio Numbers 49660081080 & 49660081103
Dear Mr. Hood:
Thank you for your request for a Comparable Use Determination. The subject property is zoned
Planned Unit Development (Heritage Bay PUD).
You requested a determination that air-conditioned, indoor min- and self-storage is comparable
in nature with the permitted uses in the Activity Center District of the Heritage Bay PUD.
The Heritage Bay PUD does not specifically permit the use of indoor storage, however, Section
6.4.A.59 of the PUD states that "any other principal use which is comparable in nature with the
foregoing uses and is approved through the process set forth in the LDC in effect at the time of
the request for such use" may be considered a permitted use.
You have provided evidence that a majority of the permitted uses in the Activity Center District
of the PUD are permitted in the Commercial Intermediate (C-3) and General Commercial (C-4)
districts. Indoor storage is a Conditional Use in the C-4 district, You also state that indoor
storage is a less intense use than other permitted use, considering traffic, parking and utilities.
Because indoor storage is generally a less intense use than many of the permitted uses in the
PUD, it is the determination of the Planning Manager that the use of `General Warehousing and
Storage (4225) indoor air-conditioned mini-storage and self-storage only" is comparable and
compatible to the other permitted uses in the Activity Center District of the Heritage Bay PUD.
You also state that due to lessened impacts on public infrastructure, indoor storage should be
permitted to use the maximum building height designated for office uses of 65 feet. The
Planning Manager has determined that indoor storage is a retail use and should be limited to
the maximum building height of 50 feet for retail buildings. A PUD Amendment may be sought to
change the maximum building height.
Please note that this determination requires affirmation by the Hearing Examiner. You will be
notified of the hearing date.
Please be advised that the information presented in this verification letter is based on the LDC
and/or Growth Management Plan in effect as of this date. It is possible that subsequent
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Exhibit A
Page 2 of 2
amendment(s) to either of these documents could affect the validity of this verification letter. It
is also possible that development of the subject properly 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.
Should you require further information or have any questions, please do not hesitate to contact
me at (239) 252-4211 orfredreischl @colliergov.net.
Researched and prepared by: Reviewed by:
Fred Reischl, AICP, Principal Planner Raymo V. Bellows, Zoning Manager
Planning & Zoning Planning & Zoning
cc: Anis Moxam,Addressing
Laurie Beard, PUD Monitoring