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HEX Final Decision 2021-35HEX NO. 2021-35 HEARING EXAMINER DECISION DATE OF HEARING. August 12, 2021 PETITION. PETITION NO. CU- PL20200001823, South Florida Gas- Request for approval of a Conditional Use to allow a liquid propane storage and distribution facility pursuant to Section 2.03.04.A.1.c.23 of the Collier County Land Development Code (LDC) on a 0.92E acre property located on the east side of Recycling Way approximately 0.4 miles north of Tamiami Trail East (US 41) in Section 18, Township 51 South, Range 27 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. A Conditional Use to construct and operate an unmanned LP gas storage and bulk distribution facility; Standard Industrial Classification (SIC) Codes 5171 and 5172. The facility will comprise an 8-foot by 10- foot utility building containing the electrical shut-off and safety equipment as well as one or two LP gas storage tanks with a combined volume of up to 48,000 gallons. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(3) 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. A duly advertised Neighborhood Information Meeting (NIM) was held on Thursday, May 27, 2021, at 5:30 PM in the Community Center Large Meeting Room of the Donna Fiala Eagle Lakes Community Park, 11565 Tamiami Trail Easy, Naples, FL 34113. Said meeting was Page 1 of 5 simultaneously run online via Zoom to allow for remote participation. The meeting commenced at 5:30 PM with a presentation designed to explain of requested Conditional Use and operational characteristics of the proposed facility 6. The Petitioner and/or Petitioner's representative presented the Petition, followed by County staff and then public comment. One letter of support was submitted into the record by the owner of a recreational vehicle (RV) stored on land adjacent to the subject property. One nearby resident (whose residential boundary is no closer than 600 feet from the subject property) spoke during public comment and expressed safety concerns, such as lightning and vandalism. The applicant produced an expert with more than 20-years of experience working with liquid propane storage and distribution, who satisfactorily addressed the operational and safety concerns including lightning and vandalism. 7. The County's Land Development Code Section 10.008.1) lists the criteria for evaluating and granting a Conditional Use. The Hearing Examiner acting as the Planning Commission may grant the Conditional Use if it will not adversely affect the public.' 1. Section 2.03.04 A. Lc of the LDC permits conditional uses in the Industrial (I) Zoning District. The record from the public hearing reflects that the requested use for a LP gas storage and bulk distribution facility, SIC Codes 5171 and 5172, is expressly allowed as a conditional use in the Industrial (I) Zoning District subject to the standards and procedures established in LDC section 10.08.00 - Conditional Use Procedures. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). The record from the public hearing reflects this request is consistent with the growth management plan (GMP) and, with the conditions proposed by county staff as reflected in this decision, this project will be in compliance with the applicable provisions of the LDC. 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The record from the public hearing reflects that ingress and egress to the subject property is by way of two full access connections to Basik Drive at its northern extent; Basik Drive connects to westbound Tamiami Trail East (US 41) at an existing full access opening. The traffic impact study (TIS) submitted by the applicant indicates that the adjacent roadway network has sufficient capacity to accommodate this project. This project will not adversely impact the surrounding roadway network. 'The Hearing Examiner's findings are italicized. Page 2 of 5 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The record from the public hearing reflects that the LP gas storage and distribution facility use is in an area that is sufficiently isolated from properties that may present compatibility concerns. The subject property is along a road and within an area that is comprised of all industrial uses, an asphalt and concrete batch plant and an automobile salvage yard, outdoor recreational vehicle storage and other similar uses. The use itself does notproduce glare, odor, or noise. Traffic coming in and out of the site is minimal and there is nearly no activity on the site as it is unmanned. Security lighting is to be minimal with no off -site spillage. 5. Compatibility with adjacent properties and other property in the district. The record from the public hearing reflects that the proposed use is extremely passive in nature. There will be nearly no on -site activity and very few vehicles entering and exiting the property. The facility is not a retail distribution site. The subject project is setback at least 700 feet from Tamiami Trial. A large water retention pond and RV storage area separates the facility and the closest (low density / large lot) residential property. The closest residential property boundary is at least 600 feet from the proposed facility and the homes built on the residential properties are even further away from the facility. The facility will be enclosed by a fence and buffer. 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 10.08.00.D of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number CU-PL20200001823, filed by Daniel DeLisi, AICP of DeLisi, Inc. representing NBC Land Holdings, LLC and C&S Land Holdings II, LLC, with respect to the property described as the east side of Recycling Way approximately 0.4 miles north of Tamiami Trail East (US 41) in Section 18, Township 51 South, Range 27 East, Collier County, Florida, for the following: • An application for Conditional Use No. 23, wholesale trade -nondurable goods, of the Industrial (I) Zoning District, as provided in Section 2.03.04.A. Lc of the Collier County Land Development Code (LDC) to permit a South Florida Gas liquid propane (LP) gas storage and distribution facility on 0.92± acres. Page 3 of 5 Said changes are fully described in the Conceptual Plan and the Big Cypress Mark Place Phase 3 SDP attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Conceptual Plan and Big Cypress Mark Place Phase 3 SDP LEGAL DESCRIPTION. The east side of Recycling Way approximately 0.4 miles north of Tamiami Trail East (US 41) in Section 18, Township 51 South, Range 27 East, Collier County, Florida CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. No retail sales. 3. Hours of Operation are Monday through Saturday, 8:00 AM to 5:00 PM. 4. Security of the facility shall be in accord with applicable Florida Department of Agriculture and Consumer Services and U.S. Department of Homeland Security regulations. 5. A Site Development Plan is required for development of the site; the applicable Fire District must provide approval for said SDP with respect to compliance with public safety standards. 6. All lighting is to be shielded to the extent there is no off -site spillage of said lighting. 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. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. Page 4 of 5 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. August 24, 2021 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 EXHIBIT "A" Reviewed and Approveo For Permit Issuance PL20210000041 Date:112512021 PROPERTY OWNER NBC LAND HOLDINGS LLC 23381MMOKALEE ROAD SUITE 435 NAPLES. FLORIDA 34110 TEL (2391262�622 FAX (239)262.8594 SITE ADDRESS 1 195 BASIK DRIVE, NAPLES FL 34114 PROPERTY INFORMATION& FOLIO ID • 61510000047 8 61510000063 STRAP SMOOBSC16850210OC6C16 ZONING INDUSTRIAL BIG CYPRESS MARKET PLACE PHASE 3 INSUBSTIANTIAL CHANGE TO SDPA PL20170003073- LOCATED IN COLLIER COUNTY, FLORIDA SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST ;-'PROJECT' pp SITE y$$ ' i y VICINITY MAP N,7 S. BIG CYPRESS MARKET PROPERTY INFORMATION x.rxxwxiw�ux 'uwuu .+mwnx LOCATION MAP N.T S Ul INDEX OF SHEETS 1 1 COVER SHEET AERIALUMP ERGS" CQNTROLPIAH AND DETAAS — 3 EKa3TWGCONDRKINS DEMOUIIONPLANANDGENERA NOTES F.4 2ONINGDATASHEET A: SURFACE WATER MANAGE MENTSI@T .AA 8 MASTER UTUTY PAN A T—AMSTERPAVNIGGRAGNG.DRAPNC; ;CROSSSfCTN)NS{Ai &Aa MASTER PAVING GRADING, ORAMAGE B CROSS SECIIONSI61 A S PLANANDPRONIGAND N LESSNAGE STRIPG An 10 PLAN AND PROFILE 11 GRAWNO PAVWGANODAAPN EOETNLS 12 COLUERCDUNTY'UnUTY'DETNLS =as Z N,•I�^� Way N NUOW�� �UOW CO'' a, UUp U)(D zZ QW 7W W Z �O Z 7 LLI W U g a W LLI d' co = QC W (j) 'L Q (If V! a O W Ix U a r U c� m DRY DEAD TION rJ -----------------------------BA3W2-------------------- ---.u--------i-------e---•- -yW�W-•�� EX WWN3Twq SLOGS EX«PARKING LOT T^ J ■ __ _�rt¢3SACJ9yPpvA-� yM�tF - )fZ-� atm u �. tz w<a�tw w..p ooe is 3 u -z W P �H N DRY DETENTION 11SOUTN _ C W S if "AA Q SOP BOUNDARY DRY DETTEMI 01:ORTN PROPOSED CHANGES U.w D IY REMAINING ,h !DUSTRAL A� !A lf✓•■aililaffi I > BASUL DRNE (PRNATE) DAY DETENTION n L PROJECT BOUNDARY u�•. • IT • " �w p! • PROPOSED STOP UNR3.1, ' EXISTING •r.,. uutn.q LAKE to EX WATER MANAGEMENT. EX WMIgT PIACE.B i i TRACTfTTRV?fRV EXOTINGA. LANE IB 'a 00 ZZ QQ W WZ SDP BOUNDARY C�'Z nW .«.•r«��.n BAsv., "+urn j W LU I EX OVE F=PKING LOT EXISTINGA, LAKEA C�9er•- County, Reviewed and Approved For: Permit Issuance PL20210000041 Date:112MO21 u} LAND USE SUMMARY TABLE. PROPOSED CHANGES I7+K.f.� IJLKYI If•!JN9N[M.ATWICWRMRYI. LLI (n SOP BOUNDARY Z �- W YW co Q W z a �V/ "I. LAND USE SUMMARY • BID CYPRESS MARKET MASTER SURFACE WATER MANAGENENT SYSTENAAA �� W BASIN BASW 2 � ) IF I 1UL >a LU W U3 �5= BASIN DELINEATION MAP l.ZOlM L �.n.,.... IX IDtELMLWG BATCH PLANT E%KRENLNG BATCH PLANT E%IWENIWG BATCH PLANT�Im• VACANT 15SSS EAST TAM~ TRIAL 1555SFASTTAMIAMITRAL 15555FASTTAMMITLN0. ZONED WDUSTRIAL ZONED NOIISTRIAL ZONED HIXISTRNL ZONED NDUSTRNL DRY DETENTION PJAA Lx Pw mD u= - SDPSOUNWRV r Pill, 17 1'• • • DRYAD REYAMNGNWRI STAL tA S DETENTION DETENTION 11J10RTN AHED%�3n� t1S0UTN- n �m s440pp q�R r . �,0 'BASH DRNE D'RNATFa fA p� �dpv �wZ E%MARKET RACE J� �M SUILDINGSI ZONED w.�mMurn�w +, VACANT ZONED AG IX OVERFLOW PARNN6 LOT ZONED'A6 AIXLanNG LA10: ]A Permit Issuance PL20210000041 112512021 PROJECT- BOUNDARV E%ISTNGA LAXE 1A A L I.o.R II AIX WATER NANAGeAQITTRACT � ZONED: 1'IRVC �w'.mwairwnm. SDP BOVNDMY I I A E%ISTNG LAM Is s a w ��WO D��ZyZ >�FSv6 Zz rA LLI WZ s BOUNDARY J LL' W EX SINGLE FAMILY Ex SINGLE FAMLY EA SINGLE GAMILY EX SINGLE FAMILY EA SINGLE FNAILY VACANT VACANT �ZONED AGM ZONEDAGM .w ZONED AGM �ZDEDAG N_ P. ZONED AGE Pw ZONED AGM Moa ZONED!% .—A J-- Sa LTrReaS M.amT nAce I1MAAOARY OYIPAII.B. vAf�xrt I fR61ERPROFERIY namr I M�..w swo uR 1 ® a.m.....�., EASEMENTMAPAA Manwrw�. ~rmwnawn ENTRANCE GATE BLOW-UP .l�mlmlmm MATCH LEGEND• PAFWMG SVMMARYAAAA .woo�ouratin vr.. Y ^� Jsn ,voo r.¢a LANDSCAPE BUFFER (INDUSTRIAL USE PIIASES),S MM w U Q a LU W w Y w M Q QW Q U) a z W of 2 } U C7 m I �sl DEVELOPMENT REGULATIONS SETBACK REQUIRED CONCEPTUAL PROVIDED FRONT 25' 25' SIDE 20" 20' REAR 15' 15, TOTAL OF ALL SIDE YARDS SHALL EQUAL 20% OF THE LOT WIDTH WITH A MAXIMUM OF 50' AND A MINIMUM OF 10'. I I I I I I I I I I I I I I EXISTING 6.0' FPL EASEMENT (O.R. BOOK 1512, PAGE 1844) EXISTING 30.0' ACCESS I I I I I I I L6 Ill I I Qw ERCD I I cn Za I o� I 00 ou I 25.0' REAR SETBACK t I EASEMENT (O.R. BOOK 1222, PAGE 437) PROJECT SUMMARY LAND USE IMPERVIOUS BUILDINGS 80 SF 0.002 AC 0.2 % PAVEMENT 16,179 SF 0.371 AC 40.4% CONCRETE 2,000 SF 0.046 AC 5.0% TOTAL IMPERVIOUS AREA 18,259 SF 0.419 AC 45.6% PERVIOUS OPEN SPACE 19,165 SF 0.440 AC 47.9% RETENTION AREA 2,576 SF 0.059 AC 6.4% TOTAL PERVIOUS AREA 21,741 SF 0.499 AC 54.4% TOTAL SITE AREA 40,000 SF 0.918 AC 100 % A 1/'1T l"O 1. NO NATIVE VEGETATION ONSITE AND THEREFORE NO PRESERVE IS REQUIRED. N SDP WATER MANAGEMENT AREA ZONED: INDUSTRIAL PROPERTY 0 I 5' TYPE "A" BUFFER PROPERTY LINE 10' X 8" SHED TYPE "A" BUFFER ZONED: INDUSTRIAL LINE 30 60 j/ SCALE: 1" = 60' % EXISTING 30.0' INGRESS/EGRESS, DRAINAGE/UTILITY EASEMENT (O.R. BOOK 1491, PAGE 1320)(OR BOOK 1536, PAGE 1730) U. I m� >Lu CL I o EXISTING 30.0' INGRESS/EGRESS, DRAINAGE/UTILITY EASEMENT j(O.R. BOOK 5338, PAGE 2054) ' II I 20.0' SIDE J I `� SETBACK SDP WATER MANAGEMENT AREA I L NEPERTY I I I I J.R. EVANS ENGINEERING, P.A. 9351 CORKSCREW ROAD, SUITE 102 J , R . E $ ESTERO, FLORIDA 33928 ENGINEER] G PHONE: (239)405-9148 FAX: (239) 288-2537 WWW.JREVANSENGINEERING.COM SOUTH FLORIDA GAS FILE DATE: 03/30/2021 1 SHEET: