Collier hearing examiner paves the way for Celebration Park parking lot despite neighborhood objections

An empty lot that has been used for overflow parking for a popular East Naples food truck park and had drawn the ire of some neighbors has cleared a major hurdle.

Collier County hearing examiner Mark Strain on Wednesday issued his decision to approve a request by Bayshore Redevelopment Group LLC to use the vacant residential lot at the corner of Bayshore Drive and Becca Avenue for parking. The decision is final but can be appealed to county commissioners within 30 days from the date of approval.

The empty lot at 2831 Becca Ave. sits north of Celebration Park, the busy food truck park launched by local entrepreneur Rebecca Maddox, who also heads the limited liability company.

Previously:Collier hearing examiner gets case of the Celebration Park parking lot

The property had been used for overflow parking for months despite not having the proper permits in place, and the issue has drawn opposition from some neighbors who say the makeshift parking lot has harmed their quality of life. County code officials cited the property owners for a violation late last year.

ICYMI:Without proper permits, Celebration Park parking lot draws concerns from some neighbor

Off-site parking is an allowed use in the underlying zoning district with a special approval called a parking exemption, Strain wrote in his decision, adding that the parking exemption process is not a change in zoning.

Strain said in an interview Thursday that many residents had voiced concerns about the food truck park. However, he said he could only consider the parking exemption itself.

Protecting the neighborhood was of the "utmost importance," Strain said. He pointed to some of the conditions put forth in the decision, including a higher wall, plantings, restricted hours and days, gated access, and a pedestrian crosswalk where Becca Avenue and Bayshore Drive intersect.

"I wanted the neighborhood protected as much as I thought was practically possible," he said.

To help encourage visitors walking to the food truck park to use a crosswalk at the entrance of Becca Avenue, the proposal includes a 4-foot high decorative wall intended to keep pedestrians on the sidewalk in front of the parking lot.

Strain noted in his five-page decision that in reviewing a dozen previous parking exemptions, eight of those were approved in residentially zoned areas with three in the same underlying residential zoning district.

"The conditions that this decision put on this landowner were equivalent or better than the conditions in the other locations," he said. "So I think this is absolutely the best of what could be expected."

Among others, the conditions, include:

• an 8-foot wall along the north and west property lines where the parking lot abuts homes a minimum of 10 feet from the property line
• the wall and landscaping on the residential side of the wall shall be completed by the end of December 
• hours of operations shall be between 9:30 a.m. to 10:30 p.m., no more than six days a week with the lot closed on Mondays
• the lot shall be regularly patrolled and video cameras will be installed to monitor the lot
• the parking can only be used by customers, employees of Celebration Park or vendor employees 

Strain noted in his decision that the county had previously realized the need for additional parking while allowing for commercially zoned properties along Bayshore Drive.

"Without this off-site parking lot, the possibility of more potential parking problems in the neighborhood would increase," Strain wrote.

The proposed parking lot would create 62 parking spaces and would be accessed from Becca Avenue. Currently, Celebration Park has 13 parking spots.

The project still needs to undergo some additional county staff review, which will likely take a couple of weeks, said Bob Mulhere of the engineering and planning firm Hole Montes, representing the redevelopment group.

The hope would be to have the parking lot constructed and open by the new year, he said. 

A special magistrate hearing related to a code enforcement case involving the lot is set for Friday. County code enforcement issued a notice of violation in December, noting “unpermitted construction work,” including “lot clearing and the introduction of gravel fill” on the property.

The magistrate is set to decide whether to accept or reject an agreement between the county and the redevelopment group that, among other things, stipulates that the group agrees to pay almost $112 to cover the costs of prosecuting the code case. Per the agreement, the group will also obtain all required county approvals for the parking lot or return the property to a permitted state within 90 days of the hearing. A site inspection to confirm compliance would follow.

Maddox, in an email to the Daily News, said she is "thrilled to bring some much needed parking" to the Bayshore area.

"As I have reflected on all the comments we received, it is obvious to me and my team that all concerns raised will be addressed completely and competently with the completion of the parking lot," she wrote. "We are anxious to start working on the parking lot and will do so as soon as the county approves our permit."

Others, however, felt the county had let them down.

Ken Young, who owns a home that borders the vacant lot, said he was disappointed and "not pleased at all" with the county hearing examiner's decision to approve the parking exemption.

Young said the county's codes and citizens are not being protected. Because his house is on stilts, the 8-foot wall would end where his first-floor living quarters begin, Young said.

"The wall's a joke," he said.

Young, who since he remarried in February 2018 has spent less time at the house, said he will probably look to sell the home if he can. He is not sure if he'll succeed.

"Who wants to live next to a commercial parking lot?" he asked.

Connect with the reporter at patrick.riley@naplesnews.com or on Twitter @PatJRiley.

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