HEX Final Decision 2015-19 HEX NO. 2015— 19
HEARING EXAMINER DECISION
PETITION NO. ZVL (CUD)—PL20150000328 — Livingston and Pine Ridge, LLC 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 Chiropractic Clinic (SIC 8041) is comparable and compatible in nature to other
permitted uses for Commercial Areas under Section 3.3.a. of the Baldridge PUD,
Ordinance No. 02-55, as amended. The subject property is located on the southeast
quadrant of Livingston Road and Pine Ridge Road, in Section 18, Township 49 South,
Range 26 East, Collier County, Florida.
DATE OF HEARING: April 23, 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(CUD)—PL20150000328, filed by John
N. Brugger, Esq., representing Livingston and Pine Ridge, LLC, requesting approval of a zoning
verification letter determining that the proposed use of Chiropractic Clinic (SIC 8041) is
comparable and compatible in nature to other permitted uses for Commercial Areas under
Section 3.3.a. of the Baldridge PUD, Ordinance No. 02-55, as amended, for the property
described in Exhibit "A", and affirms staffs determinations as stated in the Zoning Verification
Letter attached as Exhibit"B".
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B—Zoning Verification Letter ZVL—PL20150000328
LEGAL DESCRIPTION: See Exhibit"A"
[15-CPS-01422/1173194/1]19 1 of 2
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.
y - 23 -20 Air
Date Mar i Strain, Hearing Examiner
Ap 4 ved as to o d legality:
Sc∎tt A. Stone
Assistant County Attorney
[15-CPS-01422/1173194/1]19 2 of 2
OR 4534 PG 417
EXHIBIT A
The West one half(1/2)of the Northwest one quarter(1/4)of the Northwest one quarter(1/4)of Section
18,Township 49 South,Range 26 east,Collier County,Florida,LESS the North 75 feet thereof.
LESS AND EXCEPT those lands taken by Collier County by Order of Taking recorded in O.R. Book
3724,Page 1215,Public Records of Collier County,Florida more particularly described as follows:
Commencing at the Northwest corner of Section .8,_Towntship 49 South,Range 26 East,Collier County,
Florida,said point of commencement also_berT ft. t. . rsection of Pine Ridge Road(C.R.886)
and Livingston Road; thence South 11 .._ 30 i ► ..ds East along the West line of said
Section 18 a distance of 75.00 fee .fit •oint of Beginning, + North 89 degrees 35 minutes 12
seconds East along the South rig o . line of said Pine Ridge • •ad, distance of 642.58 feet;thence
South 00 degrees 18 minutes se on:, -.st, . . .f 10.01 feet\thence South 89 degrees 35
minutes 12 seconds West,a dis anc=577.49 fee,- .e Sout 44 degr es minutes 06 seconds West,a
distance of 21.41 feet; thence .ou (mil,• e f* .}}r'd Ea t,along a line lying 50 feet
East, as measured perpendicu r t• th• t ne o wdt ►:, distance of 475.00 feet; thence
South 89 degrees 44 minutes ? • o� e , ,is e of .I 10 'hence South 00 degrees 15
F.:.
minutes 33 seconds East along+ lying 30.1' eet ast- s me" ure
otil
endicular to the West line of
said Section 18, a distance of `• 7 feet; thence Couth de re .,1.9 minutes 19 seconds West, a
distance of 30.00 feet,to the Wes it 4f said Section 18;tlil o degrees 15 minutes 33 seconds
West,a distance of 1245.27 feet,to ''e•. t of Beginning. L../
C_ i �
41 E '=
ALSO LESS AND EXCEPT those lands conveyed to Collier County by Warranty Deed recorded in O.R.
Book 4021,Page 2529,Public Records of Collier County,Florida.
Exhibit B
c o 76Y Co GiYity Page 1 of 2
Growth Management Division
Planning & Zoning Department
Zoning Services
February 19,2015
Forsyth & Brugger,P.A.
c/o: John N. Brugger
600 5th Avenue South, Suite 207
Naples,Florida 34102
Re: Zoning Verification Letter ZVL-PL20150000328; Zoning Verification Letter — Comparable Use
Determination for Marquesa Plaza, Building 600-B, Units 13 & 14; located at 13020 Livingston Road in
Section 18, Township 49 South, Range 26 East, of unincorporated Collier County, Florida. Property
ID/Folio: 00287480003.
Dear Mr. Brugger:
This letter is in response to a Comparable Use Determination (CUD) Application dated February 10,
2015, that was submitted by you on the behalf of your client, Livingston and Pine Ridge, LLC. Said
application was accompanied by a cover letter including justification for said request and three exhibits:
Exhibit A — Copy of Ordinance 07-33, as amended; Exhibit B — Copy of SIC Groups 801 — 809
(classifications 8011-8099); Exhibit C—Marquesa Plaza site/concept plan; and Exhibit D—Current tenant
list with required parking tabulation
You have specifically requested a determination from the Planning Manager and affirmation from the
Office of the Hearing Examiner that the use of a chiropractic office, SIC 8041, is comparable and
compatible with the permitted uses in the Baldridge Planned Unit Development(PUD).
As per the Official Zoning Atlas, said property is located within the Baldridge PUD, as established by
Ordinance No. 02-55, as amended. As per the PUD's Master Plan, the subject location is within an area
dedicated "Shopping Center" which corresponds to Section III of the PUD, the Commercial Areas Plan;
permitted uses are listed within Section 3.3.a. Staff has established that Offices and Clinics of
Chiropractors (SIC 8041) has been excluded from the listing of permitted uses; however, listed use #33
states, in part: Any other general commercial use, which is comparable in nature with the foregoing uses,
including buildings for retail, service and office purposes consistent with the permitted uses and purpose
and intent statement of this PUD..."
As part of your justification for a CUD you explain that PUD Section 3.3, Uses Permitted, states, in part:
"The project will develop with uses that are consistent with C-1 through C-4 uses as contained within the
Land Development Code in effect as of the date of adoption of this Ordinance not to exceed 125,000
square feet." You also note that the PUD allows numerous uses within the Health Services Group of the
SIC, including the following classifications: 8051-8059, 8062-8069, 8071, 8072, 8092-8099. You go on
to explain that the subject request is being pursued to allow for a+/-3,200 square foot chiropractic clinic
which will be used for the primary purpose of providing chiropractic services,therapies,massage therapy,
acupuncture, physical therapy and rehabilitations services common to a chiropractic practice.
Planning&Zoning Department•2800 North Horseshoe Drive •Naples. FL 34104 •239-252-2400•www colliergov net
Exhibit B
Zoning Verification Letter
Z_VL-PL20150000328 Page 2 of 2
Page 2 of 2
Zoning Services Staff notes that the LDC uses a hierarchical method and that a chiropractic clinic (SIC
8041) is first recognized as a permitted use in the Commercial Professional and General Office District
(C-1). Research reveals that the Board of Zoning Appeals has previously determined that a dental office
(SIC 8021) was an allowable use within the Baldridge PUD by means of previously recognized formal
process; said determination was recorded as Resolution No. 2012-33, adopted on February 28, 2012.
During the review of that project, PL20110002649, it was established that the PUD does not contain a
"purpose and intent statement", but Section 3.2, Development Emphasis, states that "the property is
permitted a full array of commercial uses as indicated in the Growth Management Plan." As per the
Future Land Use Map (FLUM) the subject property is located within the Livingston/Pine Ridge
Commercial Infill Subdistrict (L/PRCIS). The GMP states that within the southeast quadrant of the
L/PRCIS"general and medical office uses are limited to three stories with a 50 foot maximum height..."
The Planning Manager has reviewed and evaluated your request,taking the above facts and circumstances
into consideration, and fords that a chiropractic clinic (SIC 8041) is comparable and compatible to the
other permitted uses within the Commercial Area of the PUD. Please note that this determination
requires affirmation by the Hearing Examiner. You will be notified of the hearing date.
Please be advised that the information presented in this verification letter is based on the Collier County
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 Collier County LDC or related ordinances.
Should you require additional information or have any questions, please do not hesitate to contact me at
(239)252-5719 or e-mail: johnkeily @colliergov.net.
Researched and prepared by: Reviewed by:
(72
John A.Kelly,Planner Ra d Bellows, Planning Manager
Planning&Zoning Department Planning&Zoning Department
Zoning Services Zoning Services
Attachments
cc: GMD—Front Desk Planner
GMD—Addressing Department