HEX Final Decision 2015-41 HEX NO. 2015—41
HEARING EXAMINER DECISION
PETITION NO. ZVL(CUD)-PL20150001787 — City Gate Development, LLC requests
affirmation of a zoning verification letter issued by the Planning and Zoning Division
pursuant to LDC Section 10.02.06, in which County staff determined that the proposed
uses of air conditioned, enclosed mini- and self-storage warehousing (SIC 4225) and non-
air conditioned, outdoor accessible mini- and self-storage (SIC 4225) are comparable in
nature to other permitted principal uses in the area described as "West of the Florida
Power & Light Easement" under Section 3.2(A) of the City Gate Commerce Park PUD,
Ordinance No. 88-93, as amended. The subject properties are located on the east side of
Collier Blvd. (C.R. 951), just north of Interstate 75, in Section 35, Township 49 South,
Range 26 East, Collier County,Florida, consisting of 27.08± acres.
DATE OF HEARING: October 22, 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 objections were received for this application and no members of the public were in
attendance at this hearing.
The Citygate Planned Unit Development (PUD) is a mixed commercial and industrial PUD that
originated in 1988. The PUD is located within the Interstate Activity Center #9 overlay, at the
northeast corner of 1-75 and Collier Boulevard. This overlay was specifically created to assist in
maintaining the area as an"enhanced gateway" into the greater Naples area.
The applicant is the original and current developer of the PUD.
The applicant originally requested that this comparable analysis apply to storage facilities on
three platted parcels. Upon the issuance of the zoning verification letter, the comparable use was
expanded to include fourteen parcels for storage uses that included both air conditioned enclosed
mini and self-storage warehousing and non-air conditioned outdoor accessible mini and self-
storage warehousing.
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At the hearing the applicant requested that the comparable use request be limited to the originally
requested three lots and to air conditioned, enclosed mini and self storage warehousing.
DECISION:
The Hearing Examiner hereby approves Petition No. ZVL—PL20150001787, filed by Frederick
E. Hood, AICP, of Davidson Engineering, Inc., representing City Gate Development, LLC, as
revised at the hearing on October 22, 2015, requesting approval of a zoning verification letter
determining that the proposed use of air conditioned, enclosed mini- and self-storage
warehousing (SIC 4225) is comparable in nature to other permitted principal uses in the area
described as "West of the Florida Power & Light Easement" under Section 3.2(A) of the City
Gate Commerce Park PUD, Ordinance No. 88-93, as amended, on the property described herein,
and affirms staff's determinations as stated in the Revised Superseding Zoning Verification
Letter attached as Exhibit"A", subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Revised Zoning Verification Letter ZVL—PL20150001787
LEGAL DESCRIPTION:
See Ordinance No. 88-93, as amended, the City Gate Commerce Park PUD.
CONDITIONS:
1. All other applicable state or 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. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
[15-CPS-01473/1217112/1]53 2 of 3
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.
1b '2, 1- 201 'c ; .At‘'
Date Mar Strain, Hearing Examiner
Ap ved as to f and legality:
Scott A. Stone
Assistant County Attorney
[15-CPS-01473/1217112/1]53 3 of 3
1
Cotfie-r Comfy
Growth Management Department— Planning & Regulation
Zoning Services Division
October 23, 2015
Fred Hood,AICP
Davidson Engineering, Inc.
4365 Radio Road, Suite 201
Naples, FL 34104
Re: Zoning Verification Letter ZVL (CUD)-PL20150001787; City Gate Commerce Park Planned Unit
Development(PUD), Collier County,Florida,Folio Numbers 26095000264, 26095000280,26095000303
(This letter supersedes the original ZVL (CUD)-PL20150001787 dated September 3,2015)
Dear Mr. Hood:
You requested a Comparable Use Determination that an air conditioned, enclosed mini- and self-storage
warehousing, Standard Industrial Classification(SIC) code 4225, is comparable in nature with the permitted
uses for lots 10, 11, 12 of the City Gate Commerce Center Phase I Plat, within the City Gate Commerce Park
PUD, West of the Florida Power&Light Easement.
The City Gate Commerce Park PUD (Ordinance Number: 88-93) does not specifically permit the use of
requested storage utilization,however, Section III, Project Development Regulations, Both East and West of the
Florida Power& Light Easement, states that"any other uses which is determined by the Planning/Zoning
Director to be comparable and/or compatible with the listed permitted uses"may be considered a permitted use.
You provided evidence that an air conditioned, enclosed mini- and self-storage warehousing use is comparable
in nature with C-4 and C-5 land uses,which are land categories of permitted principal uses in the PUD. The
Collier County Land Development Code (LDC)lists SIC 4225 (air conditioned and mini-and self storage
warehousing only) as a conditional use in C-4 and a permitted use in C-5. The PUD under Section III, Project
Development Regulations, 3.2 Permitted A. Principal Uses, West of the Florida Power& Light Easement lists
the following as permitted principal uses:
1. One gasoline service station or fuel dispensing facility. Listed as SIC 5541 and per the LDC listed as
General Commercial (C2)Principal Use (P) - Heavy Commercial(C5)P
2. Hotels or motels including integral cocktail lounges. Listed as SIC 7011 and per LDC listed as C4P-05P
3. Retail sales and personal sales businesses which are travelers and/or the Citygate Commerce Park
market. Listed, in general, as SIC 5311 and per LDC listed as C4P-05P
Furthermore, in the PUD under Section III, Both East and West of the Florida Power & Light Easement the
following are permitted principal uses:
2. Utilitarian, recreational, educational, and medical uses and services
4. Any other use which is determined by the Planning/Zoning Director to be
comparable and/or compatible with the listed permitted uses Exhibit A
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While the requested properties are not located East of the Florida Power and Light Easement, it should be noted
that a principal permitted use for properties located East of the Florida Power and Light Easement are for
storage and distribution uses.
Additionally, you state that SIC 4225 is less intensive by way of traffic impacts, utility and resource
consumption and is less intrusive overall when compared to permitted uses. Because indoor storage is generally
a less intense use than many of the permitted uses in the PUD; because the range of permitted principal uses
within the PUD fall within the range of permitted uses for SIC 4225 within the LDC, more specifically C-4 and
C-5; because SIC 4225 can be considered a utilitarian use; because the PUD permits storage and distribution
uses for properties located East of the Florida Power and Light Easement; and because it is set out in the PUD
that any other use which is determined by the Planning/Zoning Director to be comparable and/or compatible
with the listed permitted uses, it is the determination of the Planning Manager that the use of an air conditioned,
enclosed mini- and self-storage warehousing is comparable and compatible to the other permitted uses.
Please note that this determination requires affirmation by the Hearing Examiner. You will be notified of the
hearing date.
Disclaimer: 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.All
other applicable state or federal permits must be obtained before commencement of the development.
Please be advised that the information presented in this verification letter is based on the Collier County Land
Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s)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 Collier County Land Development Code or related ordinances.
Should you require further information please do not hesitate to call me at (239)252-8202.
Researched and prepared by: Reviewed by:
fat_
Rachel Beasle Planner Ray Manager
y anager
Zoning Division Zoning Division
C:Annis Moxam, Addressing Section
ZVL(CUD)-PL20150001787 (correspondence file)
Exhibit A
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