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HEX Final Decision 2016-40 HEX NO. 2016 —40 HEARING EXAMINER DECISION PETITION NO. ZLTR(CUD)-PL20160002442 —Global Properties of Naples, 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 use of indoor air conditioned self-storage/mini-warehouse (SIC 4225) greater than 65,000 square feet of gross floor area is comparable in nature to those uses permitted to exceed 65,000 square feet of gross floor area, including group care facility, physical fitness facility, hotel, and department store, in Tract MU, Mixed-Use Development, under Section I.B of the Vincentian Village MPUD, Ordinance No. 2015-33, as amended. The subject property is located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of±30.68 acres. DATE OF HEARING: December 8, 2016 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. ANALYSIS: Other than the applicant, no members of the public attended this meeting and no objections have been received for this application. DECISION: The Hearing Examiner hereby approves Petition No. ZLTR(CUD)-PL20160002442, filed by Robert J. Mulhere, FAICP, of Hole Montes, representing Global Properties of Naples, LLC, requesting affirmation of a zoning verification letter determining that the proposed use of indoor air conditioned self-storage/mini-warehouse (SIC 4225) greater than 65,000 square feet of gross floor area is comparable in nature to those uses permitted to exceed 65,000 square feet of gross floor area, including group care facility, physical fitness facility, hotel, and department store, in Tract MU, Mixed-Use Development, under Section I.B of the Vincentian Village MPUD, [16-CPS-01595/1301893/1118 1 of 2 Ordinance No. 2015-33, as amended, on the property described herein, and affirms staff's determinations as stated in the Zoning Verification Letter attached as Exhibit "A", subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Zoning Verification Letter ZLTR (CUD)-PL20160002442 LEGAL DESCRIPTION: See Ordinance No. 2015-33, as amended, the Vincentian Village MPUD. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. This use is limited to enclosed, indoor air conditioned self storage. 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. 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. - SOIL, �; 'G�e,(_\ 6/ Date Mark Strain, Hearing Examiner Appnved as form and legality: Scott A. Stone Assistant County Attorney [16-CPS-01595/1301893/1118 2 of 2 Co . .j • Growth Management Department— Planning & Regulation Zoning Services Division November 15,2016 Bob Mulhere, FAICP Hole Montes 950 Encore Way Naples, Florida 34110 Re: Zoning Verification Letter ZLTR (CUD)-PL20160002442; Zoning Verification Letter–Comparable Use Determination for the Vincentian Village MPUD, 11480 Tamiami Trail East, located within in Section 32, Township 50 South, Range 26 East,of unincorporated Collier County, Florida. Property ID/Folio: 00439880008. Dear Mr. Mulhere: This letter is in response to a Comparable Use Determination (CUD) Application dated September 12, 2016, which was submitted by you on the behalf of your client, Global Properties of Naples, LLC—Christopher Shucart, Manager. You have specifically requested a determination from the Zoning Manager and affirmation from the Office of the Hearing Examiner that the use of an indoor air-conditioned self-storage/mini-warehouse facility, Standard Industrial Code(SIC #4225)greater than 65000 square feet of gross floor area is comparable in nature to those uses permitted to exceed 65,000 square feet of gross floor area, including group care facility, . physical fitness facility, hotel, and department store, in Tract MU, Mixed-Use Development, under Section I.B of the Vincentian Village MPUD,Ordinance No. 2015-33, as amended. Based upon staff's review of the current Official Zoning Atlas, an element of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended, I can confirm that the subject property has a zoning designation of the Vincentian Village MPUD. The permitted uses within this MPUD are listed in Exhibit A.I.B. Commercial Uses which includes the#64 reads as follows: "any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC." In addition, you have compared the proposed use with the list of permitted uses approved in the Vincentian Village MPUD as follows: 1. The proposed Self-Storage/Mini-warehouse use, if limited to indoor air-conditioned only facility, is similar in nature to many of the other uses permitted in the subject PUD, in terms of building scale,and physical form. 2. The PUD allows a number of other uses which are also permitted in C-5 zoning and which are more intense in terms of traffic generation and many other potential impacts, including light, noise, and odor. These uses include,but are not limited to the following: • Auto and Home Supply Stores(5531); • Automotive services (7549) except that this shall not be construed to permit the activity of wrecker service(towing)automobiles,road and towing service; • Department stores(5311)-Permitted to exceed the PUD cap of 65,000 square feet; • • Hospitals(8062); • Hotels(7011,hotel only), limited to 150 rooms-Permitted to exceed the PUD cap of 65,000 square feet; • Motion picture theaters(7832); PL20160002442 Exhibit "A" Page 1 of 2 3. The air-conditioned self-storage/mini warehouse use is subject to the LDC architectural standards, including standards specifically applicable to this use(which address issues of compatibility). is4. The use is limited to indoor storage only. Lastly, you indicate have provided a traffic analysis of the trip generation of hotels (a permitted use within this MPUD)to an indoor air-conditioned self-storage use.This analysis indicates that a 150 room hotel is estimated to generate 1,334 daily trips, with 87 AM peak hour trips and 91 PM peak hour trips. In comparison, a 100,000 square foot indoor self-storage facility is estimated to generate 250 daily trips with only 14 AM peak hour and 25 PM peak hour trips. Thus,an indoor air-conditioned self-storage/mini-warehouse is a less intense trip generator. The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be compelling. It has been concluded that an indoor air-conditioned self-storage/mini-warehouse is comparable and similar in nature to the other permitted uses within this MPUD and which may exceed 65,000 square feet of gross floor area, in terms of building scale, physical form, intensity and business character, but less intrusive than those uses in terms of traffic, noise, odors, solid waste generation, and lighting. Furthermore, compliance with the architectural, site-design, and landscaping requirements ensures that the facility will be similar in nature to the other listed PUD uses that are permitted to exceed 65,000 square feet. Therefore, staff confirms that an indoor air-conditioned self-storage/mini warehouse (SIC 4225) use is deemed to be comparable to the other permitted uses identified as permitted uses within the within the Vincentian Village MPUD and which are not subject to the maximum 65,000 square foot limitation. This determination must be affirmed by the Hearing Examiner to become valid;you will be notified of a 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 ip 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 LDC 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 LDC or related ordinances. Should you require additional information or have any questions, please do not hesitate to contact me at(239)252- 2463 or e-mail: raybellowscolliergov.net. Researched and prepared by: Reviewed by: Ra r Be ows, Planning Manager Michael Bosi, AICP, Zoning Director Zoniirg. Services Section Planning&Zoning Division C: Heidi Ashton-Cicko, Assistant County Attorney Annis Moxam, Addressing Section Ian Barnwell, PUD Monitoring 411 PL20160002442 Exhibit "A" Page 2 of 2