HEX Final Decision 2021-50HEX NO. 2021-50
HEARING EXAMINER DECISION
DATE OF HEARING.
October 14, 2021
PF.TITI"N
PETITION NO. PCUD-PL20210000661-White Lake Corporate Park - Request for approval
of a Comparable Use Determination whether the proposed use of fire station and ancillary
administrative office, training facility with tower, warehousing, and fleet storage is
comparable in nature with the permitted uses in Section 3.2.A, White Lake Corporate Park
Planned Unit Development (PUD), Ordinance 01-59, as amended, within Tract "I", White
Lake Corporate Park PUD, located north of White Lake Boulevard and east of Shaw
Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner has purchased the undeveloped property described above, comprising of 10.2±
acres, located within Tract "I" of the 144.4± acre White Lake Corporate Park PUD; Tract "I" is
the industrial component of the subject PUD. Permitted and Accessory uses within the Industrial
Development Area are listed within Section 3.2 of the PUD document which references the
Standard Industrial Classification Manual, 1987 Edition, as published by the Executive Office of
the President, Office of Management and Budget. As Fire protection and Ancillary Fire Station
Services (SIC 9224) is not specifically called out as being a permitted use within the PUD the
petitioner seeks to obtain a formal determination that said use is allowable as a permitted Essential
Service, that it qualifies by means of Permitted Use #36 which states: Any other use which is
comparable in nature to the foregoing land uses as s determined by the Collier County Planning
Services Director," or as a combination of the two.
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.
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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. Per LDC Section 10.03.06.0 and the Administrative Code the following notice procedures are
required for: Newspaper Advertisement prior to the advertised public hearing in accordance
with F.S. § 125.66. This requirement was satisfied by county staff on or about September 24,
2021. A Comparable Use Determination petition does not require an Agent Letter, Property
Owner Notification Letter, Neighborhood Information Meeting, or the posting of a sign on the
property.
6. The County presented its staff report and recommendations, followed by the Petitioner and/or
Petitioner's representative presented the Petition, and then public comment.
7. The County's Land Development Code Section 10.02.06.K lists the criteria for a comparable
use determination. The Hearing Examiner may approve a comparable use determination based
on the following standards, as applicable.I
The proposed use possesses similar characteristics to the other permitted uses in the zoning
district, overlay, or PUD, including but not limited to the following:
Operating hours.
• The record from the public hearing reflects that there are no restrictions for
operating hours for any land use within the White Lake Corporate Park PUD;
normal operating hours for industrial uses can range from a typical 18-hour
workday to shift work encompassing 24-hours per day. As an essential service,
the fire station will operate 24-hours per day; the training element will typically
operate between 7:30 A.M. and 5: 00 P.M. with occasional evening and nighttime
exercises.
ii. Traffic volume generated/attracted.
The record from the public hearing reflects that approximately 50 persons will
use the training facility during operating hours. The applicant has submitted a
Comparative Trip Generation Analysis, dated March 10, 2021, which compares
the proposed use to that of a U.S. Postal Office facility which is a permitted use
within the PUD. Said analysis finds that the proposed use will generate
significantly less traffic which results in a net benefit to the surrounding roadway
network capacity.
iii. Type of vehicles associated with the use.
i The Hearing Examiner's findings are italicized.
Page 2 of 7
• The record from the public hearing reflects that the proposed use involved fire
trucks, fire engines and regular vehicles. Typical vehicles within an industrial
area are passenger vehicles, box and semi -trucks and tractor -trailers; the
average length of a larger fire truck is 35± feet and tractor -trailers average 53±
feet.
iv. Number and type of required parking spaces.
• The record from the public hearing reflects that the proposed development will
follow the parking requirements contained within LDC Section 4.05.02. It is
anticipated that a number of fire trucks will be staged/parked/stored within the
fire station; additional trucks and other apparatus will be stored both indoors
within warehouse facilities and outdoors with compliant screening and buffering.
A more detailed analysis will be provided as part of the SDP process as the
project moves forward. The number and type of required parking spaces are
similar to those of other allowable uses within an industrial area.
V. Business practices and activities.
• The record from the public hearing reflects that the subject property is located
within the Industrial component of a PUD; as such, afire station is an allowable
permitted use. Other proposed uses, including "Training" and "Fleet Storage"
are comparable to the following permitted uses contained within PUD Section
3.2.A:
o Educational Services (SIC 8243 — 8249) — These SIC classifications
include typical educational facilities and vocational training, which are
comparable to the "Training" component of the proposed facility. This
"Training" component refers to firefighting training that comprises a
mixture of classroom work, demonstrations, and hands on evolutions.
o Motor Freight Transportation and Warehousing (SIC 4212 — 4226) —
These SIC classifications include trucking and truck storage services,
courier, and delivery services (except by air), and warehousing and
storage services. The uses are comparable to those proposed as the
equipment to be used is very much the same (trucks, forklifts, etc).
o Automotive Repair, Services, and Parking (SIC Major Group 75) — This
is a broad classification that includes car, truck and recreational vehicle
rentals/leasing, body shop, repair services, wash facilities and specialized
services. Said uses are comparable to the proposed fleet services and
maintenance uses as well as aspects of the training facility.
o Construction (SIC Major Group 17) and Heavy Construction (SIC Major
Group 16) — These are broad classifications that include excavation,
wrecking and demolition work, and carpentry which are comparable to
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fire and rescue training exercises which would include salvage and
overhaul operations.
2. The effect 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.
The record from the public hearing reflects that the proposed development will
need to satisfy all development standards and buffering requirements contained
within the LDC. It has been established that a fire station is permitted as an
essential service at the subject location. The applicant contends the overall
facility (training facility with tower, warehousing, and fleet storage proposed use
will be less intense compared to many of the industrial land uses permitted within
the subject PUD, generating less noise, traffic, and waste. The proposed tower
will be 5 stories in height, below the maximum 50 feet contained within PUD
Section 3.3.F and will satisfy State criteria to minimize potential effect of training
exercises such as smoke and noise resulting from controlled fires. Any outdoors
lighting or tower lighting will be consistent with LDC requirements and will not
exceed that of nearby facilities such as the sports complex. The site will also have
a helicopter pad for emergency use by the Forest Service and/or Collier County
EMS Medflight in conjunction with the fire station; any related training will be
minimal and infrequent. The proposed development will have no greater negative
impact on neighboring properties with respect to noise, glare, and odors than
those of other permitted uses within the industrial component of the PUD.
3. 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 record from the public hearing reflects that as per the Future Land Use Map
(FLUM) of the Collier County Growth Management Plan (GMP), the subject
property is located within the Urban Commercial District, Mixed Use Activity
Center Subdistrict #9. The proposed uses are not specifically prohibited and are
deemed to be consistent as the uses are comparable to others permitted by right
within the industrial component of the PUD.
4. The proposed use shall be compatible and consistent with the other permitted uses in the
zoning district, overlay, or PUD.
• The record from the public hearing reflects that the applicant has demonstrated
that the proposed use ire station and ancillary administrative office, training
facility with tower, warehousing, and fleet storage) is consistent with those listed
as being allowable within Tract "I", the industrial component, of the White Lake
Corporate Park PUD:
i. Essential Services, per LDC Section 2.01.03. C
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ii. Educational Services (SIC 8243 — 8249)
iii. Motor Freight Transportation and Warehousing (SIC 4212 — 4226)
iv. Automotive Repair, Services, and Parking (SIC Major Group 75)
v. Construction (SIC Major Group 17)
vi. Heavy Construction (SIC Major Group 16)
5. Any additional relevant information as may be required by County Manager or Designee.
The record from the public hearing reflects that LDC Section 1.08.02 provides the
following definitions:
Essential Services: Those services and facilities, including utilities, safety services,
and other government services, necessary to promote and protect public health,
safety and welfare, including but not limited to the following: police; fire,
emergency medical, public park and public library facilities; and all services
designed and operated to provide water, sewer, gas, telephone, electricity, cable
television or communications to the general public by providers that have been
approved and authorized according to laws having appropriate jurisdiction, and
governmental facilities.
Fire Station: The building(s) and site of a government establishment primarily
engaged in firefighting, used to house fire trucks and other emergency vehicles,
firefighting equipment and apparatus, firefighters, and support/administrative
staff.
Fire Station Services, Ancillary: Fire protection activities imperative to carry out
the purposes of a government establishment primarily engaged in firefighting, such
as fire training camps, but which is not required to be located at afire station for
that fire station to serve its function. However, services designed to repair any
firefighting equipment is not an ancillary fire station service.
LDC Section 2.01.03. C states:
Additional permitted essential services in commercial and industrial zoned
districts. In commercial and industrial zoned districts, in addition to the essential
services identified above in section 2.01.03.A, the following governmental services
and facilities, as defined by this Code, including law enforcement, fire, emergency
medical services and facilities, public park and public library services and
facilities, shall be considered a permitted essential service.
Compatibility is defined within 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. " Compliance with the LDC architectural and landscape requirements, in
combination with applicable PUD development regulations, assist in ensuring
compatibility.
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ANAIN4Uq
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 PCUD-PL20210000661, filed by
Jessica Klutz of Davidson Engineering representing Greater Naples Fire Rescue District, with
respect to the property described as 3485 and 3481 Shearwater Street, respectively, White Lake
Corporate Park, Phase 3, Lots 17 and 18, located at the northern end of Shearwater Street on the
west side, in Section 35, Township 49 South, Range 26 East, Collier County, Florida, for the
following:
• Request for a determination that the proposed use of fire station and ancillary
administrative office, training facility with tower, warehousing, and fleet storage is
comparable in nature with the permitted uses in Section 3.2.A, White Lake Corporate Park
Planned Unit Development (PUD), Ordinance No. 01-59, as amended, within Tract "I",
White Lake Corporate Park PUD.
Said changes are fully described in the Proposed Parcel Location Map and Conceptual Site Plan
attached as Exhibit "A" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Proposed Parcel Location Maps and Conceptual Site Plan
LEGAL DESCRIPTION.
3485 and 3481 Shearwater Street, respectively, White Lake Corporate Park, Phase 3, Lots 17 and
18, located at the northern end of Shearwater Street on the west side, in Section 35, Township 49
South, Range 26 East, Collier County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The helicopter pad depicted in the Conceptual Site Plan shall not be used in such a manner
as it becomes a heliport or helistop, as described within LDC Section 5.05.13, which would
require Conditional Use (CU) authorization as provided for in Section 10.08.00 of the
LDC.
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3. With exception to bona fide emergency operations, any use of the helicopter pad shall be
limited to daylight hours.
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.
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.
November 11, 2021
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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