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HEX Final Decision 2021-61 HEX NO. 2021-61 HEARING EXAMINER DECISION DATE OF HEARING. November 12,2021 PETITION. PETITION NO. PCUD - PL20210001555 - Westview Plaza PUD 3600 Westview Dr. - Request for a determination that the proposed use of indoor automobile repair facility (SIC 7532) is comparable in nature to other permitted uses in Section 2.2.a of the Westview Plaza Planned Unit Development (PUD) adopted by Ordinance Number 83-45, as amended. The subject property is located at 3600 Westview Drive,Westview Plaza Replat Lot 9, in Section 1,Township 50 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner requests to convert the existing building into an indoor automobile repair facility for luxury automobiles, SIC 7532 (limited to restoration body work, painting, and detailing). 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. 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 October 22, 2021. A Comparable Use Determination petition does not require an Agent Letter, Property Page 1 of 6 Owner Notification Letter,Neighborhood Information Meeting,or the posting of a sign on the property. 6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections to the Petition at the public hearing. 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 1. 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: i. Operating hours. • The record evidence and testimony from the public hearing reflects that there are no restrictions for operating hours for any land use within the Westview Plaza PUD; however, the restoration vehicle repair facility would generally operate between the hours of 7.•00 A.M. to 6:00 P.M. ii. Traffic volume generated/attracted. • The record evidence and testimony from the public hearing reflects that traffic volume is anticipated to be no greater than for other permitted uses within the PUD. Vehicles to be serviced will be driven or delivered to the site and dropped off until such time as services can completed. The facility is limited to a paint booth and five service lifts. As a high-end facility, the focus is on providing precision work and not volume. iii. Type of vehicles associated with the use. • The record evidence and testimony from the public hearing reflects those services will be limited to high-end luxury vehicles such as, but not limited to, Lamborghini, Ferrari, Maserati, Lotus, BMW, Alfa Romeo, Karma and Jaguar. Said vehicles will typically be hauled or driven in for service; therefore, tow trucks and passenger type vehicles can also be anticipated iv. Number and type of required parking spaces. • The record evidence and testimony from the public hearing reflects that as per Section 2.5 of the Westview Plaza PUD, the applicant must follow the parking requirements contained within LDC Section 4.05.02. The applicant states that the proposed facility will not function like a typical auto service center and as such parking demands will be less. Because services are limited to luxury and exotic 1 The Hearing Examiner's findings are italicized. Page 2 of 6 vehicles only, the time spent on each vehicle is greater which results in fewer vehicles being repaired. Given the value of the vehicles to be serviced, they will typically be stored within the building. Outside parking spaces will be used by employees and patrons who will drop off and retrieve their vehicles; customers will not wait for their vehicles. Should it be determined the subject use is comparable to other uses permitted within the PUD, the applicant intends to seek a determination pursuant to LDC Section 4.05.04.F that the proposed luxury services are unique and that the County Manager, or designee, may determine the minimum parking requirement. v. Business practices and activities. • The record evidence and testimony from the public hearing reflects that the petitioner owns and operates an exotic and luxury car sales facility nearby and desires to use the subject property for performing restoration body repair and service for like automobiles. All services would be conducted within the confines of the existing fully enclosed 19,000 square foot building; service bay doors will be closed during the servicing of said vehicles. Services are limited to high end exotic and luxury vehicles, as previously described. Hours of operation will typically be between 7:00 A.M. and 6:00 P.M Monday through Saturday. The facility will have a single paint booth and no more than five service lbs. The anticipated number of vehicles to be serviced on any given day will vary; however, it is projected to be 10 to 12. 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 evidence and testimony from the public hearing reflects that all work is to be performed within the confines of a fully enclosed building. The existing site was developed in accordance with an approved SDP and no alterations to exterior lighting are proposed; therefore, no additional glare (if any) is anticipated 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 evidence and testimony 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 Residential District, Urban Residential Subdistrict. The existing PUD has been deemed consistent with the GMP by Policy 5.11 of the Future Land Use Element(FLUE) as "improved property" under the County's former Zoning Reevaluation Process. The proposed use is not prohibited under the GMP. Page 3 of 6 4. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. • The record evidence and testimony from the public hearing reflects that the proposed use of the existing building to perform restoration body work,painting and cosmetic detailing for luxury and exotic passenger vehicles is compatible with other uses existing within the Westview Plaza PUD and is consistent with other uses permitted in the PUD. The equipment used is like that which is used for high technology precision manufacturing, a permitted use within the PUD. Laboratories are permitted subject to the same standards for manufacturing with the additional provision that all work be conducted within an enclosed structure. The PUD also permits research and design and development activities, subject to the same standards for laboratories. The use is a low intensity use and generates fewer vehicle trips than other permitted retail and services uses within the PUD. The proposed use is no more intense than the precision manufacturing, laboratory, and repair uses that are allowable within the PUD and is comparable in nature to the functions that could occur in association with said uses. 5. Any additional relevant information as may be required by County Manager or Designee. • The record evidence and testimony from the public hearing reflects that 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. 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 PCUD-PL20210001555, filed by D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. representing Motorspots Storage, LLC, with respect to the property described as Parcel/Folio No. 81570360008, located at 3600 Westview Drive and is further identified as Westview Plaza Replat Lot 9, in Section 1, Township 50 South, Range 25 East, Collier County,Florida, for the following: Page 4 of 6 • Request for a determination that the proposed use of indoor automobile repair facility (SIC 7532) is comparable in nature with the permitted uses in Section 2.2.A of the Westview Plaza Planned Unit Development(PUD), Ordinance 83-45, as amended. Said changes are fully described in the Site Plan attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—Site Plan LEGAL DESCRIPTION. Parcel/Folio No. 81570360008, located at 3600 Westview Drive and is further identified as Westview Plaza Replat Lot 9, in Section 1, Township 50 South, Range 25 East, Collier County, Florida. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Any outside parking of vehicles to be serviced shall be temporary and will not use or obstruct required parking spaces. 3. Approval of this PCUD shall not relieve the petitioner of pursuing an Administrative Parking Reduction (APR), if required, prior obtaining a Zoning Certificate to conduct business. 4. Any alteration to existing parking areas shall require SDP approval. 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 5 of 6 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. /.2,001.-1—....----- December 10, 2021 Date Andrew Dickman, Esq.,AICP Hearing Examiner Page 6 of 6 EXHIBIT "A" --- - =io AVG , — - — , awa curn-mocac a a aI d vi�=1 gi ` `1. id : o Pa E °ONE IV 0 8° °c ill, 8 'c_ o c" a title ° c Q11 114 '\ ro �+a �� d P y E o,_ cc� ° ° E °° ° Hi: - �} g r a. - "''' 1 Phi g 4i E• _ ; l ! t.-EE �� c°�5s GCt o2e VV. i :•g ��ti • !� 4O■ I O i } ° I MI ll :o `r 5 " f, >a °Y'£ f,5o r c ® 0 . l E as . o7- g o .z II S EEoS�i ne n g °� �� � ea °c � o Q, �+ _ -E.� E o C yp v °p°1p Poi z `ao YY,°Y° ° p I! 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