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HEX Final Decision 2021-20 HEX NO. 2021-20 HEARING EXAMINER DECISION DATE OF HEARING. May 27, 2021 PETITION. PL20200002484 Sabal Bay Tract N Comparable Use Determination - Request for a determination that the proposed use of a new car dealership (SIC 5511) is comparable in nature to other permitted uses in Section 5.3 of the Sabal Bay Mixed Planned Unit Development (MPUD) adopted by Ordinance Number 21-4, as amended. The subject property is 2.1+/- acres on the south side of Tamiami Trail East, approximately a quarter mile southeast of Thomasson Drive within the Commercial/Office Tract CO of the Sabal Bay MPUD in Section 19, Township 50 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner requests a determination that a proposed New Car Dealership (SIC 5511) is comparable in nature to the currently allowed permitted principal uses in Section 5.3 of the Sabal Bay MPUD Ordinance No. 21-04, as amended. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 5. The County introduced the application and made recommendations; Petitioner and/or Petitioner's representative presented the Petition, followed by public comment. Page 1 of 7 6. The County's Land Development Code Section 10.02.06. K. lists the criteria the Hearing Examiner shall follow to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay or PUD.1 a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours: Proposed operating hours: Operating hours are proposed to be 8 AM to 9 PM Monday through Saturday and 10 AM to 6 PM on Sunday for sales. Hours for service are proposed to be 7 AM to 6 PM Monday through Saturday and 10 AM to 6 PM on Sunday. Pertaining to operating hours, the testimony and evidence presented at the hearing and in the record show that these hours are similar to hours of other permitted uses such as new or used motorboat sales, and automotive repair, rental, leasing and parking services car leasing facilities. These hours are more restrictive than hours generally associated with other permitted uses such as gas station or carwash. (See Conditions of Approval below which limits operating hours as proposed.) ii. Traffic volume generated/attracted: Pertaining to traffic, the testimony and evidence presented at the hearing and in the record show that the requested use is comparable. Specifically, county transportation planning experts evaluated the proposed Comparable Use Determination (CUD). The petitioner notes that the PUD currently allows retail sales of motorboats and because the Institute of Transportation Engineers (ITE) manual does not contain a specific use code-data set for this use it is logical that ITE use code for an automobile dealership would be the most similar. The County agrees with this logic but also note that the Sabal Bay PUD currently allows a wide range of commercial office and retail uses, many of which are higher generators of trips than the requested automobile dealership. Therefore, expert testimony and evidence show that the proposed comparable use does not represent additional transportation impacts beyond those already allowed by this PUD. That being said, the project's development must comply with all other applicable concurrency management regulations as part of a new Traffic Impact Statement (TIS) when development approvals, including but not limited to any plats and or site development plans, are sought. 'The Hearing Examiner's findings are italicized. Page 2 of 7 iii. Type of vehicles associated with the use: The petitioner indicates that new cars are associated with the proposed sales use. As proposed, the site is expected to accommodate passenger vehicles, plus parts delivery vehicles, plus auto delivery and pick-up vehicles. Loading or unloading activities are required to be accommodated on site, and not in any public right-of- way. The types of vehicles permitted uses, such as: used cars, trucks, utility trailers, and recreational vehicles that are allowed to be available for rental and leasing; new or used motorboats that are allowed to be available for sale; and new or used mopeds and motorcycles that are allowed to be available for rental. (See Conditions of Approval below for a restriction that loading and unloading occurs on site and not in public right-of-way as proposed.) Therefore, the testimony and evidence demonstrate an appropriate comparison under this criterion. iv. Number and type of required parking spaces: The LDC requires 1 parking space per 400 square feet of building area except service/body shop buildings which require 3.5 spaces per service bay or 1 space per 250 square feet, whichever is greater;plus 1 space per 2,000 square feet of outdoor sales/display area. By comparison, a new car dealership requires less parking compared to other permitted uses on the subject site, such as restaurant or shopping center/general merchandise store. The petitioner has indicated that if a luxury dealership goes forward, a request for an alternative parking calculation may be requested as part of the SDP review process. (See Conditions of Approval below requiring that vehicles be displayed for sale be indoors and outdoors to minimize the appearance of a "sea of asphalt" along the U.S. 41 corridor.) Therefore, the testimony and evidence demonstrate an appropriate comparison under this criterion. v. Business practices and activities: As described above, the types of activities and hours proposed for a new car dealership are comparable to those of currently permitted uses such as Automotive repair, rental, leasing and parking services;gas station;carwash;boat dealership; and leasing of recreational vehicles, mopeds, motorcycles, or utility trailers. (See Conditions of Approval below establishing limits on outdoor amplified sound, carwash openings, service area openings, and lighting to address potential impacts of proposed activities.) Therefore, the testimony and evidence demonstrate an appropriate comparison under this criterion. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. Page 3 of 7 The testimony and evidence presented at the hearing and in the record show that this criterion is satisfied. The subject site is surrounded by commercially designated parcels on all sides, with exception of the canal and lake area to the south, beyond which is a clubhouse and entrance road for the Isles of Collier Preserve. There are no immediately abutting residentially used properties. The effect of the proposed new car dealership use on neighboring properties would be comparable or less than that of automotive repair, rental, leasing and parking services;gas station; carwash; boat dealership;and leasing of recreational vehicles, trucks, mopeds, motorcycles, or utility trailers. Hours of operation are less than a typical gas station or carwash which could potentially be 24 hours. (See Conditions of Approval below which limits operating hours as proposed, and establish limits on outdoor amplified sound, carwash openings, service area openings, and lighting to address potential impacts of proposed activities.) c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and,where the future land use designation contains a specific list of allowable uses,the proposed use is not omitted. The testimony and evidence presented at the hearing and in the record show that this criterion is satisfied. A New Car Dealership is a permitted use per the GMP given that the site is within a Mixed Use Activity Center, and this is a permitted use within the C-4 zoning district. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. The testimony and evidence presented at the hearing and in the record show that this criterion is satisfied. The purpose statement of the Commercial/Office Section of the MPUD states that "the general function and purpose of this Tract is to provide the opportunity for diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions to many segments of the population. " Of the twenty-six nonresidential use groups that are listed as permitted, the following uses are indicative of the breadth and variety of type and intensity of currently permitted commercial uses, which are typically allowable in the C-3 and C-4 Zoning Districts. As stated above, the proposed new car dealership is comparable to currently permitted uses in the applicable Commercial/Office Tract CO of the Sabal Bay MPUD such as Automotive repair, rental, leasing and parking services; gas station; carwash; boat dealership; and leasing of recreational vehicles, trucks, mopeds, motorcycles, and utility trailers. e. Any additional relevant information as may be required by County Manager or Designee. The testimony and evidence presented at the hearing and in the record show that this criterion is satisfied. Topics reviewed for conditional use applications related to car Page 4of7 dealerships include: controls on outdoor paging or amplified systems used as part of the daily operations; location of enclosed service areas, with exception for entry/exit doors; the number of service bays; operation hours; adequacy of buffer(s); location of gasoline storage and/or fueling tanks; and means of delivery of automobiles. This petition is not a conditional use petition, but to ensure compatibility of the proposed use, these topics are addressed in the conditions outlined as part of the staff recommendation below. It should be noted that an East Naples Community Development Plan dated October 2020 was accepted by the Board of County Commissioners at their October 27, 2020 meeting. This plan is for a large study area that includes the subject site. The plan lays out guiding principles for future advancement of policies, improvements, and standards supporting balanced and good quality development; diverse and quality commercial uses; beautification and green space; and transportation options. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 10.02.06.K. of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number CU-PL20200002484, filed by Bob Mulhere, FAICP of Hole Montes, Inc. representing Collier Land Development, Inc., with respect to the property as described in the Sabal Bay Mixed Planned Unit Development (MPUD), Ordinance No. 21-4, as amended, for the following: • A determination that the proposed use of a new car dealership(SIC 5511)is comparable in nature to other permitted uses in Section 5.3 of the Sabal Bay Mixed Planned Unit Development(MPUD) adopted by Ordinance Number 21-4, as amended. Said determination is fully subject to the condition(s) set forth below. ATTACHMENTS. None. LEGAL DESCRIPTION. See Ordinance No. 21-4, as amended. Page 5 of 7 CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. No outdoor amplified sound is permitted (does not apply to personal electronic devices). 3. If a carwash is to be an accessory use, each end of the carwash will have bay doors that will remain closed during the entire wash cycle and will only be opened and closed for entering or exiting vehicles. 4. Service areas must be enclosed, and doors will only be opened and closed for entering or exiting vehicles. 5. Hours of operation will be limited to the following: 8 AM to 9 PM Monday through Saturday for Sales; 7 AM to 6 PM Monday through Saturday for Service; and 10 AM to 6 PM Sunday for both Sales and Service. 6. Off-loading of vehicles is prohibited within the public right- of-way. The site shall be designed to accommodate vehicle delivery, and all loading and unloading shall occur onsite. 7. Lighting: a. Lighting will be shielded and directional to avoid glare on neighboring properties. b. Illumination level at the property line shall not exceed 0.5 foot candles; c. Display lighting will be reduced to a security level lighting after 11 PM. Security level lighting will have a minimum lumens reduction of 50%; d. All lighting will be flat panel fixtures; e. Lighting on the perimeter of the project will utilize full cutoff shields; and f. Lighting height will be limited to 20 feet. 8. Vehicles for sale shall be displayed indoors as well as outdoors. 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. Page 6 of 7 APPEALS. This decision becomes effective on the date it is rendered.An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. 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. /. >it__,-- --- June 11, 2021 Date Andrew Dickman, Esq.,AICP Hearing Examiner Page 7 of 7