HEX Final Decision 2021-51HEX NO. 2021-51
HEARING EXAMINER DECISION
DATE OF HEARING.
October 14, 2021
PETITION_
PETITION NO. PE - PL20210000596 - 2831 Becca Avenue Parking Exemption - Request for
modification to condition of approval #6 of Hearing Examiner Decision #2019-38 which
limited operation to no more than six days a week to allow operation on Mondays as part of
the parking exemption for an off -site parking lot consisting of 62 spaces serving the
Celebration Food Truck Park site pursuant to Land Development Code Section 4.05.02.K.
The site that is subject to the parking exemption is in the RMF-6-BMUD-R1 zoning district
and is located at 2831 Becca Avenue in Section 11, Township 50 South, Range 25 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The applicant, Bayshore Redevelopment Group LLC, petitions the Hearing Examiner (HEX) to
amend a prior HEX Decision, No. 2019-38, rendered on September 4, 2019, to remove condition
#6 of that Decision, which states "Hours of operation shall be between 9:30 AM to 10:30 PM, no
more than six days a week and will remain closed on Mondays." (Exhibit A). That Decision and
condition applies to the off -site parking lot across the street, located at 2831 Becca Avenue, which
provides required off-street parking for the adjacent Celebration Food Truck Park. (Exhibit B).
Legally, removing the condition will provide the necessary off-street parking for the Food Truck
Park to operate on Mondays. Essentially, the applicant wants to amend/modify a prior HEX
Decision.
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. The prior Decision reviewed the off -site parking lot under Sec.
4.05.02.K.3 of the Collier County Land Development Code (LDC). The parties — the applicant
and the County — processed this petition pursuant to that same LDC section for an off -site parking
lot, albeit for the sole purpose to determine the appropriateness of amending/modifying the subject
condition, i.e., allowing the off -site parking lot to operate on Mondays. Generally, the legal
standard for amending or modifying a legally binding document is to do so in the same manner
and under the same criteria as the original legal document unless the applicable manner and criteria
Page 1 of 5
has expressly changed. The County Codes expressing the manner and criteria for processing and
reviewing this Petition have not changed. Both the Petitioner and County stipulated that the
Hearing Examiner has jurisdiction of this Petition. Therefore, the Hearing Examiner has
jurisdiction for a plenary review of this Petition. Future amendments/modifications to this Decision
shall be done in the same manner and under the same criteria unless the County Code changes.
2. The applicant's off -site parking lot is exclusively for the Food Truck Park and not for the
use of other businesses, venues, of the public.
3. The public hearing for this Petition was properly noticed and conducted in accordance with
all County and state requirements.
4. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
5. 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.
6. The requisite notices of the HEX hearing were done according to code.
7. The HEX heard the petition in the following sequence: The County presented its staff
report and recommendations, followed by the Petitioner and/or Petitioner's representatives, and
then public comment, then ending with rebuttal by the Petitioner. Among the public were
opponents and proponents of the petition. The Petitioner and several proponents expressed a
strong desire to hold meritorious charitable events on Mondays at the Food Truck Park,
necessitating the need to open the off -site parking lot on Mondays as well. Many opponents living
in the adjacent residential neighborhood expressed genuine concern that amending the current
HEX Decision would add to the excessive noise, parking overflow, and other nuisances from the
Food Truck Park and the associated off -site parking lot documented by County code enforcement
during the current operating hours. Opponents submitted photographs showing pedestrians
walking in the street and overuse of the applicant's off -site parking lot. (Exhibit Q.
8. The applicant conducted a NIM on July 27, 2021, at 5:30 PM, at St. Peter the Apostle
Catholic Church at 5130 Rattlesnake Hammock Road, Naples, Florida 34113. (Exhibit D).
9. The County's Land Development Code Section 4.05.02.K.3 lists the criteria for a parking
exemption.
ANALYSIS.
Based on a review of the original Decision, the record presented for this Petition, 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 that given by the public,
the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the
Page 2 of 5
criteria in Section 4.05.02.K.3 to approve Petition to amend/modify condition #6 of HEX
Decision, No. 2019-38, with conditions.
More specifically, it does appear that the Food Truck Park, as originally approved, is deficient in
off-street parking without the associated off -site parking lot that is not contiguous — separated by
a local road named Becca Avenue - with the Food Truck Park property. HEX Decision, No. 2019-
38, comprehensively addresses the criteria based on the facts presented and known at the time that
Decision was rendered. Since then, the "character and quality of the neighborhood and the future
development of surrounding properties" in close proximity to the subject off-street parking lot and
Food Truck Park, as well as the "[p]otential parking problems for neighboring properties" is less
unknown and better documented. (LDC Section 4.05.02.K.3b.) To that end, increasing the
operational hours to include Mondays logically requires equal attention to the public health, safety,
welfare, and quality of life in the nearby residential neighborhood.'
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PE-PL20210000596, filed by Robert
J. Mulhere, FAICP representing Bayshore Redevelopment Group, LLC and Naples 2.0, LLC, with
respect to the property described as 2831 Becca Avenue in Section 11, Township 50 South, Range
25 East, Collier County, Florida, Lots 45-50 of the Rebecca Weeks Subdivision, for the following:
To consider modification to condition #6 of Hearing Examiner Decision Number 2019-
38 which limited operation to no more than six days a week to allow operation on
Mondays as part of the Parking Exemption for an off -site parking lot consisting of 62
spaces serving the Celebration Park Food Truck Park site pursuant to Land
Development Code Section 4.05.02.K. The site that is subject to the Parking Exemption
is in the Residential Multifamily-6 District within the Residential Subdistrict 1 of the
Bayshore Mixed Use Overlay (RMF-6-BMUD-R1) Zoning District.
EXHIBITS.
A. Examiner Decision Number 2019-38
B. Site Plan of Celebration Park Food Truck's off-street parking lot.
C. Photographs
D. NIM Report
All exhibits shall be attached and incorporated herein as a part of this Decision.
LEGAL DESCRIPTION.
2831 Becca Avenue in Section 11, Township 50 South, Range 25 East, Collier County, Florida,
Lots 45-50 of the Rebecca Weeks Subdivision.
1 Food Truck Parks can be a nuisance, but a "...nuisance may be merely a right thing in the
wrong place - like a pig in the parlor instead of the barnyard. Euclid v. Ambler Realty Co., 272
U.S. 365, (388), 1926.
Page 3 of 5
CONDITIONS.
HEX No. 2019-38 shall remain in full force and effect except for the following
modifications/amendments:
1. Condition #6 shall now read "Hours of general operation shall be six days a week, between
9:30 AM to 10:30 PM."
2. Automobile access to and from the off -site parking lot shall be physically closed no later
than 10:30 PM on days when the Food Truck Park is open for business, by chain, gate, or other
barrier, and Petitioner shall have onsite security personnel specifically dedicated to controlling the
operation of the off-street parking lot, including closing the parking lot no later than 10:30 PM and
directing patrons to the appropriate pedestrian sidewalks that lead to the Food Truck Park (not in
the right-of-way), as shown on the site plan. (Exhibit B).
3. Petitioner's security personnel shall not allow overflow parking, stacking, or queuing in
the public right-of-way, and there shall be no over parking in the Parking lot, as shown in the
attached photographs. (Exhibit Q. Once all the 62 parking spaces are in use, the security personnel
will not allow more cars into the parking lot until a parking space is available.
4. Signs shall be posted in the parking lot conspicuously identifying hours of operation and
other information to control pedestrian access, auto access, and prevent conduct that may cause
excess noise into the surrounding neighborhood. The parking lot is for parking only; not
congregating or events. The parking lot shall be dedicated exclusively to the Food Truck Park and
shall not be used as a public parking lot.
5. Petitioner shall provide an onsite contact phone number to County Code Enforcement to
facilitate quick response to complaints from neighbors.
6. With sufficient public notice, the County may place this Decision back on to the HEX
agenda if the County determines that the applicant is violating any of these conditions, if new
conditions are needed, or if this Decision requires modification/amendment, based on new
circumstances.
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.
November 11, 2021
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
EXHIBIT A
HEX Decision No. 2019-38
HEX NO.2019 — 38
HEARING EXAMINER DECISION
PETITION NO. PE-PL20180003220 - Bayshore Redevelopment Group, LLC requests a
parking exemption under LDC Section 4.05.02.K.3 to allow off -site parking on lots zoned
Residential Multi-Family-6 District within the Residential Subdistrict 1 of the Bayshore
Mixed Use Overlay District (RMF-6-BMUD-Rl) and separated from the permitted use by a
local road. The subject property is located at the northwest corner of Bayshore Drive and
Becca Avenue in Section 11, Township 50 South, Range 25 East in Collier County, Florida.
DATE OF HEARING: August 22, 2019
STAFF RECOMMENDATION: Approval.
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
4.05.02 K.3.b of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
This petition requests a parking exemption within the Bayshore Overlay and will serve the
principle use, Celebration Park (also known as Celebration Park Naples and Bayshore Food Truck
Park), which is located to the south of the proposed parking area. This parking exemption process
is not a review of the Celebration Park site.
Parking exemptions are reviewed in accordance with section 4.05.02.K.3a(2) where an applicant
may seek an exemption for off site parking on sites that are not commercially zoned. In review of
a dozen previous parking exemptions within the county, eight of those were approved in
residentially zoned areas with three in the same underlying residential zoning district, RMF-6, as is
this application. All previously approved parking exemptions included conditions of approval.
The required Neighborhood Information Meeting (NIM) was held with approximately thirty-seven
names on the sign -in sheets. In addition to the NIM there was correspondence received from five
individuals. At this hearing over 100 people were in attendance. Eighteen speaker slips were
completed and there was a total of twelve speakers. The hearing lasted approximately two hours.
The subject property is within the Bayshore Overlay and is zoned RMF-6-BMUD-R1 (Residential
Multi -Family at 6-units per acre within the Bayshore Mixed Use District and the Residential
subdistrict 1 designation). This designation allows the underlying uses of the RMF-6 district
which includes a variety of residential uses including multi -family and family care facilities. The
overlay designation provides for similar residential uses of the RMF-6 zoning and changes to some
development standards.
[ 19-CPS-0 1848/1493107/1156 1 U5
Off -site parking is an allowed use in the underlying zoning district with an approved parking
exemption. The parking exemption process is not a change in zoning.
There are six lots involved in this request that will create 62 off -site parking spaces within a walled
and landscape area (see Exhibit A). The intent of this parking exemption is to support the
Celebration Park which is directly south, across Becca Avenue, from the proposed parking lot.
Access to the off -site parking area will be from Becca Avenue. This is a local street intersecting
Bayshore Drive, a collector roadway, and the parking exemption property is in the northwest
corner of that intersection. Due to spacing and traffic safety issues, entry from Bayshore Drive is
not possible.
Bayshore Drive is the primary roadway into this part of the Bayshore neighborhood.
Approximately eighty percent of the west side of Bayshore Drive south to Thomasson Drive is
zoned commercial. With a predominance of commercial zoning in this redevelopment area, the
parking lot will provide a transition from the adjacent C-4 zoning to the south and the residential to
the north and west.
Without this off -site parking lot, the possibility of more potential parking problems in the
neighborhood would increase. As proposed, the parking lot would be easily recognizable upon
entering Becca Avenue and the flow of traffic to serve the principal use will not be negatively
impacted.
The County had previously realized the need for additional parking while allowing for
commercially zoned properties along Bayshore Drive. As such, the Overlay includes numerous
areas designated on the zoning maps as APZ, Accessory Parking Zones (see Exhibit Q. There is
an APZ designation directly to the west of the Celebration Park across an abutting canal; this area
if used as a parking lot, would have driveway access from either Becca Avenue or Cypress Street,
or both. Either access would be further west on Becca Avenue than the access to the proposed
parking lot. Because of the APZ designation, this area on Cypress Street would not have needed a
parking exemption.
While the APZ is another option it would cause further intrusion into the Becca Avenue
neighborhood and does not appear to be a more viable alternative to the proposed parking
exemption area. Buffers required in the APZ areas by the Bayshore Overlay are ten feet wide,
with a six-foot masonry wall and trees spaced thirty feet on center OR a fifteen -foot buffer with
trees spaced twenty-five feet on center, a hedge of ten-gallon plants at five -feet high, with a three-
foot spread and spaced four -feet on center (no wall required).
For the parking exemption lot, the applicant will provide a fifteen -foot landscape buffer and an
eight -foot wall along the north and west property lines and ten -feet in from those property lines to
provide area for more plantings on the residential side of the wall (see Exhibit B). Trees will be
planted twenty -foot on center with additionally required plantings as provided by the Land
Development Code and the attached Exhibit B. This buffer exceeds the APZ requirements. Along
the roadway frontages the applicant will be adding four -foot walls with plantings.
To resolve some of the buffering issues as expeditiously as possible with the adjoining residential
neighbors, the applicant has agreed to complete the residential property boundary walls and
[19-CPS-01848/1493107/1156 2 of
landscaping on the residential side of the wall, by the end of 2019. Staff concurred that this was
feasible pending swift responses by the applicant to staff s reviews.
While some parking exemptions use valet parking, valet parking is not being contemplated at this
time. The parking exemption area will be limited to customer, employee and vendor parking.
Vendor parking does not include operations or loading or unloading.
Celebration Park is constructed under site development plan PL20170000252. While the
Celebration Park site plan is outside of this review, that initial plan did not anticipate the amount of
traffic being generated based on activity at Celebration Park. This has resulted in the need for
additional parking and a re -review of the initial site development plan is in process as a plan
amendment. This parking exemption would provide up to sixty-two spaces as part of the parking
necessary for Celebration Park. The furthest parking space from the Celebration Park is
approximately three hundred twenty feet, providing a reasonable distance to accommodate
customers.
At the south and east side of the parking lot, within the walled area, a five to six-foot sidewalk will
be constructed directing customers to follow the interior walkway to a connecting walkway at
Bayshore Drive. Where Becca Avenue intersects Bayshore Drive, a high visibility pedestrian
cross walk will be provided to allow customers safe access to the Celebration Park Naples. It is
expected that this internal walkway along with the wall and landscaping will discourage
pedestrians from crossing randomly along Becca Avenue and route customers to the
Bayshore/Becca cross -walk. In addition, the applicant will provide directional signage toward the
cross -walk area as shown on Exhibit A.
DECISION:
The Hearing Examiner hereby approves Petition PE-PL20180003220 filed by Frank J. Feeney,
P.E., of Q. Grady Minor & Associates, P.A., representing Bayshore Redevelopment Group, LLC,
to allow off -site parking on lots zoned Residential Multi-Family-6 District within the Residential
Subdistrict 1 of the Bayshore Mixed Use Overlay District (RMF-6-BMUD-RI) and separated from
the permitted use by a local road known as Becca Avenue, to serve an outdoor bar and food truck
park known as Celebration Park Naples. The off -site parking lot located at the northwest corner of
Bayshore Drive and Becca Avenue and further described herein shall comply with the Plans
attached as Exhibits "A" and "B", and shall be subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A — Site Plan
Exhibit B — Landscape Plans
Exhibit C — Bayshore Overlay Map
LEGAL DESCRIPTION: Lots 45, 46, 47, 48, 49 and 50, Rebecca Weeks Subdivision,
according to the map or plat thereof as recorded in Plat Book 2, Page 81, Public Records of Collier
County, Florida.
[I9-CPS-01848/1493107/1]56 3 of 5
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Improvements shall be consistent with the attached conceptual plan of the parking
exemption area (Exhibit A) and landscaping plans (Exhibit B).
3. Only paved surface parking is permitted. No parking structures are allowed within the
parking exemption area.
4. For use only by customers, employees of the Celebration Park Naples or vendor
employees.
5. No vendor operations or special events are allowed in the parking exemption area.
6. Hours of operation shall be between 9:30 AM to 10:30 PM, no more than six days a week
and will remain closed on Mondays.
7. Lighting to be bollard style no higher than forty-eight inches except for pole lighting
adjacent (within ten feet) of any right-of-way not to exceed ten feet in height. All lighting
to be Dark Sky compliant, shielded and not to exceed 0.2 foot-candles at residential
property lines. Lighting to be restricted to evening hours of operation.
8. A finished (stucco and paint or equivalent) eight -foot masonry wall, a minimum of ten -foot
from the property line, shall be installed along the north and west property lines common
with residential properties. Wall height shall be measured from average design height of
finished drive isle centerline.
9. A type B buffer as enhanced with trees spaced twenty -foot on center as shown on
landscape plan will be installed along the west and north property lines.
10. The finished eight -foot masonry wall and landscaping on the residential side of the wall,
shall be completed by the end of December 2019 along the west and north property lines.
11. No dumpster or trash containers will be allowed within the parking lot with the exception
of trash receptacles that are to be emptied daily.
12. No loading or unloading allowed from the parking exemption area.
13. The parking exemption area will have a controlled restricted access point that will be
opened and closed consistent with the allowed hours of operation of the parking area.
14. Signage will be installed directing customers to the sidewalk connection along Bayshore
Drive for use of the Becca Avenue crossing.
15. The applicant shall provide regular patrolling of the parking exemption area, no less than
hourly, but additionally if needed to control loitering. Video cameras will be installed to
monitor the parking lot and shall be directed away from the abutting residential areas.
16. The dry detention area shall be curbed with a type D curb or equivalent.
17. The pedestrian crossing at Becca Avenue and Bayshore Drive shall utilize high visibility
stripping.
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.
[19-CPS-01848/1493107/1156 4 of 5
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
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.
_1
Date
[ 19-CPS-01848 ;1493107 1 ] 56 5 of 5
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Mark 35train, Hearing Examiner
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NIM Report
Neighborhood Information Meeting Summary
2831 Becca Avenue — Parking Exemption (PL-20210000596)
July 27, 2021, 5:30 PM
St. Peter the Apostle Catholic Church, Spirit Center
5130 Rattlesnake Hammock Rd, Naples, FL 34113
Applicants:
Bayshore Redevelopment Group, LLC & Naples 2.0, LLC
On Behalf of the Applicant:
Robert Mulhere, FAICP, Hole Montes, Inc.
Collier County Staff
Ray Bellows, Zoning Manager, Collier County
Laura DeJohn, AICP, Johnson Engineering (on behalf of Collier County)
Bayshore CRA Staff-
Tami Scott, Project Manager, Bayshore CRA
Approximately 22 members of the public attended in person and 3 participated via zoom.
Mr. Mulhere started the presentation by introducing Gary Rudd, representing the applicant. Mr.
Mulhere then provided an overview of the request, which is limited to revising the restriction on
use of the off -site lot on Mondays to allow use of the lot on Mondays. Mr. Mulhere provided an
overview of the conditions of approval from the Hearing Examiner's approval of the off -site lot
(HEX 2019-38).
Following the presentation there was approximately ten minutes of questions from the public in
attendance.
Summary of Public Comments
Amplified Music
Two individuals voiced concerns about amplified music at Celebration Park. Mr. Mulhere
explained that there are existing restrictions in place. This application is not proposing any changes
to these restrictions. Code enforcement has been to the site to measure the amplified music, and
the property met County standards. Three individuals spoke in favor of the application to allow
use of the off -site lot on Mondays.
The meeting concluded at approximately 5:53 PM.
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HA2021\2021080MMIM\NIM Summary (7-30-2021).docx