Resolution 2020-097RESOLUTION NO.20- 9 7
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA FINDING THAT A LOGISTICS
FACILITY IS A COMPARABLE AND COMPATIBLE USE WITHIN
THE COMMERCIAL DESIGNATED AREA OF THE I-75/COLLIER
BOULEVARD COMMERCIAL CENTER PUD, AS AUTHORIZED IN
SECTION 3.3.a.21 OF ORDINANCE 00-89. THE SUBJECT
PROPERTY IS WITHIN THE ACTIVITY CENTER #9 OVERLAY
ZONING DISTRICT AND LOCATED AT THE SOUTHWEST
CORNER OF DAVIS BOULEVARD AND COLLIER BOULEVARD IN
SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. [ PL20200000543]
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 0441, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development; and
WHEREAS, on December 12, 2000, by Ordinance 00-89, the Board of County Commissioners
of Collier County approved a Commercial Planned Unit Development (CPUD) known as the I-
75/Collier Boulevard Commercial Center CPUD for the subject property; and
WHEREAS, Section 3.3.a of the I-75/Collier Boulevard Commercial Center CPUD
provides for certain permitted uses, including Subsection 3.3.a.21, "any other general commercial use,
which is comparable in nature with the foregoing uses including buildings for retail, service and office
purposes consistent with the permitted uses and purpose and intent statement of this PUD"; and
WHEREAS, the Petitioner, Kellie Clark, PE of Kimley Horn and Associates, Inc., on behalf
of the property owner, Naples -Davis Blvd., LLC, requested a determination as to the property
described in Exhibit "A" that a logistics facility is a comparable and compatible use to the permitted uses
of the commercial area of the CPUD; and
WHEREAS, the PUD permits a big box retailer (SIC 5399); and
WHEREAS, the Zoning Manager determined that "'Last Mile" logistic facility (distribution
center) is comparable and compatible to the permitted uses in the CPUD by Zoning Verification letter dated
May 11, 2020 attached as Exhibit `B' ; and
WHEREAS, to be effective, the LDC requires the approval of the Zoning Manager's determination
by the Board of County Commissioners;
[20-CPS-0 1992/1537296/1]26
I-75/Davis Commerce Center (Davis Crossing)
Rev. 5/13/20 1 of 2
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WHEREAS, the Board of County Commissioners has found as a matter of fact that
satisfactory provision and arrangement have been made concerning all applicable matters
required by the Land Development Code, and has held a public hearing with due notice made,
and all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board having considered granting the request by Naples -Davis
Blvd., LLC, as stated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that as to the property described in Exhibit "A":
The Zoning Verification letter dated May 11, 2020 is approved; and a "last mile" logistics facility is a
comparable and compatible use within the commercial designated area of the I-75/Collier Boulevard
Commercial Center PUD according to Section 3.3.a.21 of the CPUD.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote, this � day of
U rt e , 2020.
Y :XJNZEL, CLERK
c �,li� c�;'� .rf Clerk
sviiure only:
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CC— By:
Burt L. Saunders, Chairman
HFAC
idi Ashton-Cicko 5-13-20
Managing Assistant County Attorney
Attachment: Exhibit A — Legal Description
Exhibit B — Zoning Verification Letter
[20-CPS-01992/ 1537296/ 1 ]26
I-75/Davis Commerce Center (Davis Crossing)
Rev. 5/13/20 2 of 2
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OR; 4020 PG; 1337
EXHIBIT A
LEGAL DESCRIPTION
A tract or parcel of land situated in the State of Florida, County of Collier, lying in the East 12 of the
Northeast 1/4 of Section 3, Township 50 South, Range 26 East, being part of Tract 1, GATOR GATE, as
recorded in Plat Book 7, Page 2, Public Records of said Collier County, and a part of Tract 2, GATOR
GATE, UNIT 2, as recorded in Plat Book 7, Page 54, of said Public Records being further bound and
described as follows:
Commencing at the Northwest corner of the East 1/2 of the Northeast 1/4 of said Section 3; thence S.00°
28'36"W. along the West line of said fraction for 50.00 feet to the South right-of-way line of State Road
84; thence S.89° 42'19"E. along said South line for 200.00 feet to the Point of Beginning; thence S.000
28'36"W. along a line parallel with and 200.00 feet East of (as measured on a perpendicular) said West
line of the East 12 of the Northeast 1/4 for 900.00 feet; thence S.89° 42'19"E. along a line parallel with
and 900.00 feet South of (as measured on a perpendicular) said South right-of-way line of State Road 84
for 1012.98 feet to the West right-of-way line of County Road 951; thence N.00° 50'42"E. along said
West right-of-way line for 500.04 feet to a point of intersection with a curve concave to the Southwest
having a radius of 905.71 feet and to -which point a radial line bears N.63° 40'35"E.; thence Northwesterly
along said curve through a central angle of 36° 12'47" for 572.44 feet to said South right-of-way line of
State Road 84; thence N.89° 42'19"W. along-ss; o right-of-way line for 618.76 feet to the Point of
Beginning.
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Page 1 of 2
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*** OR: 4020 PG: 1338 ***
Exhibit "A"
LEGAL DESCRIPTION
LESS AND EXCEPT:
THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
A parcel of land situated in Collier County, Florida, lying in the East One Half
(1/2) of the Northeast One Quarter (1/4) of Section 3, Township 50 South, Range
26 East, being a part Tract 1, Gator Gate, according to the plat thereof, recorded
in the public records of Collier County, Florida in Plat Book 7, Page 2, and being
also a part of Tract 2, Gator Gate Unit 2, according to the plat thereof, recorded
in the public records of Collier County, Florida in Plat Book 7, Page 54, being
further bound and described as follows:
Commencing at the Northwest corner of the East One Half (1/2) of the Northeast
One Quarter (1/4) of said Section 3,-thence_S 00° 28' 36" W along the West line
of said fraction a distance of 5 .(11�,1� p p South right-of-way line of State
Road 84, thence S 890 42' "' sal i}t 'ne a distance of 200.00 feet
to the Point of Beginning,'ce S 000 28' 36: long a line parallel with and
200.00 feet East of (as measured on ,a-perp", dicular) said West line of the East
One Half (1/2) of the Northeifst'�One--quarier, (1/4)',,a distance of 900.00 feet;
thence S 891 42' 19"t E alof}g ,,lirte;'par tlei With, 40., 900.00 feet South of (as
measured on a pe*ndio�ul r) $aip South ,right4likay line of State Road 84 a
distance of 1,012.98'feet t •._ nest -�i is - t-of ray (.ine of County Road 951,
thence N 000 50' 42" E-along said West right-of-way;1i*of County Road 951 a
distance of 500.04 feet` point of intersec iop curve concave to the
Southwest, having a radio, `p%d oint a radial line bears N
630 40' 35" E, thence Northwt alon skid e` through a central angle of
er,__ g.s ., . ,. 9 9
361 12' 47" a distance of 572. *et W7 u�tta-�right-of-way line of State Road
84; thence N 89° 42' 19" W along 'sa�Sotith right-of-way line a distance of
618.76 feet to the Point of Beginning.
Page 2 of 2
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Exhibit B
Co., her`C01414ty
Growth Management Department
Zoning Services Section
May 11, 2020
Kellie Clark, P.E.
Kimley-Horn and Associates, Inc.
1412 Jackson St. Suite 2
Ft Myers, FL 33901
Zoning Verification Letter: Comparable Use Determination (ZVL-CUD)-PL20200000543;
Comparable Use Determination for 8760 Davis Boulevard AKA: GATOR GATE UNIT 1 AND GATOR
GATE UNIT 2, THAT PART OF TR 1 AND 2 AS DESC IN OR 2962 PG 221, LESS THAT PORTION
AS DESC IN OR 4026 PG 3583, LESS THAT PORTION FOR R/W AS DESC IN OR 4360 PG 2653 in
Section 3, Township 50, Range 26 of unincorporated Collier County, Florida. Property ID/Folio Number:
34690080008.
To whom it may concern,
This letter is in response to a Comparable Use Determination (CUD) Application that you submitted on
behalf of your client, Amazon Logistics. You specifically seek a determination from the Planning Manager
and approval of said determination from the Board of County Commissioners that an Amazon "Last Mile"
logistics facility is comparable with the existing permitted uses such as General Retail (SIC 5399). The
applicable CUD regulations are contained in sections 2.03.00.A and 10.02.06.J of the Collier County Land
Development Code (LDC), Ordinance 04-41, as amended.
Zoning:
The current Official Zoning Atlas, an element of the LDC, reveals the subject property has a zoning
designation of Planned Unit Development (PUD) called I-75 Collier Boulevard Commerce Center as
established by Ordinance 2000-89, as amended, as well as the Activity Center #9 Overlay district. The
subject property comprises +/-18.21 acres and is designated to be all commercial development. Allowable
commercial principal uses are listed in Section III (3) of the PUD document. The requested SIC
classifications are not specifically listed; however, listed use #21 reads: `Any other general commercial
use, which is comparable in nature with the foregoing uses including buildings for retail, service, an office
purposes consistent with the permitted uses and the purpose and intent statement of this PUD. " Section
10.02.06.J. Lb. of the LDC states that the County Manager or designee may issue a zoning verification letter
to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the
PUD. To be effective, said zoning verification letter shall be approved by the Board of County
Commissioners by resolution at an advertised public hearing.
You have provided a justification statement to support that the proposed use is compatible and consistent
with the scope of a big box retailer (SIC 5399) which is a permitted use in the subject PUD, Ordinance
2000-89. With respect to comparability, the applicant states the proposed use will operate similar to a big
box retailer. Specifically, consumer goods are shipped to the property organized by employees within the
Zoning Division a 2800 North Horseshoe Drive a Naples, FL 34104 a 239-252-2400 a www.colliergov.net
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Zoning Verification Letter
ZLTR(CUD)- PL20200000543
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building and loaded on delivery vehicles for direct delivery to the customers in the trade area. A big box
retailer would operate similarly, with consumer goods shipped to the building, organized by employees and
sold directly to the customers in the trade area. It was noted in the justification letter that the big box retailer
Walmart Supercenter is located in the Westport PUD adjacent to the I-75 Collier Boulevard Commercial
Center PUD which allows a variety of similar commercial uses and operates like the proposed Amazon
facility. Ultimately Zoning Staff finds that the intent of this "last mile" facility is an intermediary step
between major distribution, and wholesalers and the final customer which makes it comparable and
compatible to big box retail.
Traffic Impact:
Zoning Division Staff notes that the subject property meets the LDC's definition of a Shopping Center;
see Site Development Plan (SDP 2003-AR-4468). LDC Section 4.05.04 G. Table 17 — Parking space
requirements — states "required parking within shopping centers not having significant cinema/theater
seating capacity is based upon a standard ratio of 1 space per 250 square feet of gross floor area without
regard to use with exception to restaurants which cannot exceed 20% of the shopping centers floor area
without providing for additional parking." The applicant states that a big box retailer parking is calculated
at 1 per 250 square feet of indoor/outdoor retail and office areas plus 1 per 500 square feet for
indoor/outdoor storage areas that have no access for the general public and partly enclosed or open-air
garden centers. The applicant states that this will be a distribution center, the proposed parking calculation
is 1 space per 500 square foot, which will reduce the required parking significantly. The applicant states
the proposed "last mile" facility will reduce vehicle trip generation when compared to a traditional big
box retailer. -Rather than drive to the store, the proposed facility's customers will obtain their purchased
products via delivery from an intermediary driver. The applicant has provided a detailed Traffic Impact
Analysis, which is primarily based upon evaluating a distribution center use against a generic shopping
center use and concludes that, from a traffic standpoint, a distribution center will generate 50 % less PM
peak -hour trips than an approved retail shopping center which results in fewer total trips.
Conclusion:
Zoning Division Staff s analysis concludes that the business and operational characteristics of the proposed
"Last Mile" logistic center is comparable and compatible to those uses listed in the I-75 Collier Boulevard
Commerce Center PUD. Staff further finds that the subject application and opinion are consistent with the
GMP, and the LDC. The Zoning Division Staff analysis is based upon the term "compatibility" which is
defined in the LDC as follows: `A condition in which land uses or conditions can coexist in relative
proximity to each other in a stable fashion over time such that no use or condition is unduly negatively
impacted directly or indirectly by another use or condition. " The term "comparable" is generally defined
as having features in common with something else or having equivalent or similar attributes. "Consistent"
pertains to accuracy and the way such arguments have been made over time.
The Zoning Manager has reviewed the subject application and submittal documents and finds the proposed
justification to be compelling. Based upon the information contained herein, it has been concluded that
"Last Mile" logistic facility (distribution center) is comparable and compatible to the permitted uses within
the I-75 Collier Boulevard Commerce Center PUD. This determination must be approved by the Board of
Zoning Appeals to become valid; you will be notified of a hearing date and time.
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
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Zoning Verification Letter
ZLTR(CUD)- PL20200000543
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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)252-2471 or e-mail: Parker.Klopf@colliercountyfl.gov.
Researched and prepared by:
D*4*Wi dbyN Pa
DH:E#er.gaPl(g-i--tNl go
CN-N4ft *t, 11- 111, Accounts, WGMD
PR DPe(aibn5 and Regulatory Mg. W.Plannitp
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KlopfParkerL
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Catit}Y .239-2522<>I
Date: 202g, g 5.11 1 g: a 3:26-01 V 0'
Parker Klopf, Planner
Zoning Services Section
CC:
James Sabo
GMD-Addressing Section
GMD-PUD Monitoring
Reviewed by:
Digitally signed by
bellows_Ir Date 2020.05.11
11:14:15-04'00'
Raymond Bellows, Zoning Manager
Zoning Services Section
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