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Agenda 02/13/2018 Item #17A02/13/2018 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow enclosed mini -self storage warehousing within a General Commercial (C-4) Zoning District within the Rural Fringe Mixed Use Overlay-Receiving Lands pursuant to Section 2.03.03.D.1.c.24 of the Collier County Land Development Code. The subject property is located on the north side of Tamiami Trail East, approximately 500 feet west of Trinity Place, in Section 17, Township 51 South, Range 27 East, Collier County, Florida. (PL201600001875) OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner requests conditional use approval to allow enclosed mini-self storage warehousing within a General Commercial (C-4) Zoning District within the Rural Fringe Mixed Use Overlay-Receiving Lands pursuant to Section 2.03.03.D.1.c.24 of the Collier County Land Development Code (LDC). The subject parcel (220 Basik Dr.) is located on the northeast corner of Basik Drive and US 41 East. The conditional use approval will allow an existing building to be converted from a flea market into a self - storage facility. This conversion encompasses only interior renovations an d will provide 400 self-storage units. The conceptual site plan provides ingress/egress from Tamiami Trail East, buffering, water management, and native vegetation preserves. (See Exhibit B of the attached Resolution) FISCAL IMPACT: Approval of the Conditional Use, would have no fiscal impact on Collier County. There is no guarantee that the project, at build out, would maximize its authorized level of development. The County collects impact fees prior to the issuance of building permits to help offset th e impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees collected were not included in the criteria used by staff and the CCPC to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The petitioner’s property, as identified on the Future Land Use Map (FLUM) of the GMP, is designated Rural Fringe Mixed Use District (RFMUD), Receiving Lands, as identified on the FLUM within the Growth Management Plan (GMP). Based on analysis, the proposed conditional use is consistent with the FLUE of the GMP. (See Attachment B) Transportation Element: The proposed self-storage development will generate a projected total of +/- 9 PM peak hour, 2-way trips for the proposed facility on the adjacent local roadway, Tamiami Trail East 17.A Packet Pg. 1613 02/13/2018 (US 41). This represents a net reduction of +/-286 PM peak hour, 2-way trips compared to the previously approved Flea Market-Shopping Center. Therefore, the subject Conditional Use can be found consistent with Policy 5.1 of the Transportation Element of the GMP, and the Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Transportation Planning staff finds this petition to be consistent with the Transportation Element of the Growth Management Plan. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition CU-PL20160001875 on December 21, 2017, and by a vote of 5 to 0 (Commissioner Strain was absent when the vote was taken) recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. The 220 Basik Drive Conditional Use shall be limited to that which is depicted on the conceptual site plan, identified as the “Conditional Use Site Plan - 220 Basik Dr” dated 3-27-2017, and last revised 9-22-2017, prepared by Blair A. Foley, P.E. The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The CCPC approval recommendation was unanimous and no letters and petitions indicating opposing testimony was received. As such, this petition will be placed on Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use to allow an enclosed mini-self storage warehousing within a General Commercial (C-4) Zoning District within the Rural Fringe Mixed Use Overlay-Receiving Lands pursuant to Section 2.03.03.D.1.c.24 of the Collier County Land Development Code. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. All testimony given must be under oath. The attached report and recommendations of the Planning Commission are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights - of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve the request for CU-PL20160001875, 220 Basik Dr, subject to the staff condition of approval as identified in Exhibit B. Prepared by: Timothy Finn, Principal Planner, Zoning Services Division ATTACHMENT(S) 1. Staff Report-CU-PL20160001875-220 Basik Drive (PDF) 2. Resolution - 122717 (PDF) 3. Attachment A-FLUE Consistency Review-CU-PL20160001875-220 Basik Drive (PDF) 17.A Packet Pg. 1614 02/13/2018 4. Application-CU-PL20160001875-220 Basik Drive (PDF) 5. Legal Ad - Agenda ID 4451 (PDF) 17.A Packet Pg. 1615 02/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 4451 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow enclosed mini-self storage warehousing within a General Commercial (C-4) Zoning District within the Rural Fringe Mixed Use Overlay-Receiving Lands pursuant to Section 2.03.03.D.1.c.24 of the Collier County Land Development Code. The subject property is located on the north side of Tamiami Trail East, approximately 500 feet west of Trinity Place, in Section 17, Township 51 South, Range 27 East, Collier County, Florida. (PL201600001875) Meeting Date: 02/13/2018 Prepared by: Title: – Zoning Name: Tim Finn 12/21/2017 2:01 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 12/21/2017 2:01 PM Approved By: Review: Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 12/21/2017 4:13 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/26/2017 1:45 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/04/2018 8:44 AM Growth Management Department James French Deputy Department Head Review Completed 01/12/2018 10:22 AM Zoning Ray Bellows Additional Reviewer Completed 01/16/2018 10:12 AM Zoning Michael Bosi Additional Reviewer Completed 01/16/2018 10:20 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2018 11:02 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/22/2018 10:03 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/26/2018 9:04 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/31/2018 11:16 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM 17.A Packet Pg. 1616 17.A.1Packet Pg. 1617Attachment: Staff Report-CU-PL20160001875-220 Basik Drive (4451 : 220 Basik Dr. CU) 17.A.1 Packet Pg. 1618 Attachment: Staff Report-CU-PL20160001875-220 Basik Drive (4451 : 220 Basik Dr. CU) 17.A.1Packet Pg. 1619Attachment: Staff Report-CU-PL20160001875-220 Basik Drive (4451 : 220 Basik Dr. CU) 17.A.1Packet Pg. 1620Attachment: Staff Report-CU-PL20160001875-220 Basik Drive (4451 : 220 Basik Dr. CU) 17.A.1Packet Pg. 1621Attachment: Staff Report-CU-PL20160001875-220 Basik Drive (4451 : 220 Basik Dr. CU) 17.A.1Packet Pg. 1622Attachment: Staff Report-CU-PL20160001875-220 Basik Drive (4451 : 220 Basik Dr. CU) 17.A.1Packet Pg. 1623Attachment: Staff Report-CU-PL20160001875-220 Basik Drive (4451 : 220 Basik Dr. CU) 17.A.1Packet Pg. 1624Attachment: Staff Report-CU-PL20160001875-220 Basik Drive (4451 : 220 Basik 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