HEX Final Decision 2015-13 HEX NO. 2015— 13
HEARING EXAMINER DECISION
PETITION NO. ZVL (CUD)—PL20150000116 — Creekside East, Inc. requests affirmation
of a zoning verification letter issued by the Planning and Zoning Department pursuant to
LDC Section 10.02.06, in which County staff determined that the proposed use of a retail
doughnut shop (SIC 5461) without a drive-thru window is comparable in nature to other
permitted principal uses in the Business District under Section 4.3.A of the Creekside
Commerce Park Commercial Planned Unit Development (CPUD), Ordinance No. 2006-50,
as amended. The subject property is located on the southeast corner of Immokalee Road
(C.R. 846) and Goodlette-Frank Road (C.R. 851) in Section 27, Township 48 South, Range
25 East, Collier County, Florida, consisting of 7.81 acres.
DATE OF HEARING: March 26, 2015
STAFF RECOMMENDATION: Approval.
FINDINGS:
1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the
Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land
Development.
2. Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
10.02.06.J of the Land Development Code has been met and the petition is approved.
DECISION:
The Hearing Examiner hereby approves Petition No. ZVL—PL20150000116, filed by D. Wayne
Arnold, AICP of Q. Grady Minor and Associates, P.A., on behalf of Creekside East, Inc.,
requesting approval of a zoning verification letter determining that the proposed use of a retail
doughnut shop (SIC 5461) is comparable in nature to other permitted principal uses in the
Business District under Section 4.3.A of the Creekside Commerce Park Commercial Planned
Unit Development (CPUD), Ordinance No. 2006-50, as amended, on the property described
herein, and affirms staffs determinations as stated in the Zoning Verification Letter attached as
Exhibit "A".
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL—PL20150000116
[15-CPS-01421/1163998/1116 1 of 2
LEGAL DESCRIPTION:
Tract 5, Creekside Commerce Park East, according to the map or plat thereof, as recorded in Plat
Book 54, Pages 84 through 86, of the public records of Collier County, Florida.
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, Collier County. 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.
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CI 0 i5V� ( 4�
Date Mar i Strain, Hearing Examiner
Approved] to form of s legality:
V Scott A. ',ton-
•
Assistant County Attorney
[15-CPS-01421/1163998/1116 2 of
Exhibit A
Page 1 of 2
Co -ter cou.,Kty
Growth Management Division
Planning & Zoning
February 20, 2015
Wayne Arnold, AICP
Q. Grady Minor &Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Zoning Verification Letter ZVL(CUD)-PL20150000116; Creekside Commerce Center PUD,
Collier County, Florida, Folio Number 29331180609
Dear Mr. Arnold:
Thank you for your request for a Comparable Use Determination. The subject property is zoned
Planned Unit Development (Creekside Commerce Center PUD).
You requested a determination that a retail doughnut shop with a pick-up window is a permitted
use in the Business District of the Creekside Commerce Center PUD.
The PUD does not specifically permit the use of a retail doughnut shop with a pick-up window,
however, Section 4.3.A.15 of the PUD states "any other use or service which is comparable in
nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and Environmental Services
Administrator determines to be compatible in the district."
Your application states that doughnut shops (SIC Code 5461) fall under the same Major Group
(Food Stores) as Convenience stores (5411) which are permitted in the Business District of the
PUD. In addition, coffee shops (5812) — often a very similar business to doughnut shops — are
classified under the same SIC Code as eating places, a permitted use. Therefore, it is the
opinion of the Planning Manager that doughnut shops are a permitted use in the Business
District of the Creekside Commerce Park PUD.
You also requested a determination that a pick-up window be permitted in conjunction with a
doughnut shop. Section 4.3.A.8 of the PUD permits eating places "not including fast food and
drive-thru restaurants" (emphasis added). Section 4.3.A.15 states that other potential permitted
uses shall be clearly consistent with the intent and purpose; therefore, since a doughnut shop
can be classified as an eating place (restaurant), drive-thru restaurants are prohibited.
It is the determination of the Planning Manager that the use of doughnut shop is comparable
and compatible to the other permitted uses in the Business District of the Creekside Commerce
Park PUD; however, the PUD prohibits a doughnut shop with a pick-up window.
Please note that this determination requires affirmation and/or appeal by the Hearing Examiner.
You will be notified of the hearing date.
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov net
Exhibit A
Page 2 of 2
Please be advised that the information presented in this verification letter is based on the LDC
and/or Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s) to either of these documents could affect the validity of this verification letter. It
is also possible that development of the subject property could be affected by other issues not
addressed in this letter, such as, but not limited to, concurrency related to the provision of
adequate public facilities, environmental impact, and other requirements of the LDC or related
ordinances.
Should you require further information or have any questions, please do not hesitate to contact
me at (239) 252-4211 orfredreischl @colliergov.net.
Researched and prepared by: Reviewed by:
{
Fred Reischl, AICP, Principal Planner Raym d V. Bellows, Zoning Manager
Planning & Zoning Planni g & Zoning
cc: Anis Moxam,Addressing
Laurie Beard, PUD Monitoring