HEX Final Decision 2015-23 HEX NO. 2015—23
HEARING EXAMINER DECISION
PETITION NO. ZVL (CUD)—PL20150000867 — Pipers Crossings 1202, 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 Dialysis Center (SIC 8092) is comparable and compatible in nature with the permitted
uses in the Commercial Convenience (C-2) zoning district under Section 2.03.03 B.1.a of
the Land Development Code, for a property in the Commercial Convenience (C-2) zoning
district located just north of the intersection of Airport-Pulling Road and Immokalee Road,
in Section 24, Township 48 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: June 11, 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 Sub-section 2.03.03.A.1.c.16 of the Land
Development Code.
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)—PL20150000867, filed by John
N. Brugger, Esq., representing Pipers Crossing 1202, LLC, requesting approval of a zoning
verification letter determining that the proposed use of Dialysis Center (SIC 8092) is comparable
and compatible in nature with the permitted uses in the Commercial Convenience (C-2) Zoning
District, for Piper's Crossing A Commercial Condominium, Building 100, on the property
described in Exhibit B, and affirms staff's determinations as stated in the Zoning Verification
Letter attached as Exhibit"A".
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL(CUD)—PL20150000867
Exhibit B—Legal Description
[15-CPS-01444/1184791/1D8 1 oft
LEGAL DESCRIPTION: See Exhibit B.
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.
Cp- ( s" (If 61(70'N--)
Date Mark Strain, Hearing Examiner
Appr d as to f and legality:
Scott A. Stone
Assistant County Attorney
[15-CPS-01444/1184791/1118 2 of2
Co4nty Exhibit A
Coll er Page 1 of 2
Growth Management Department
Zoning Services Section
May 6,2015
Forsyth&Brugger,P.A.
c/o: John N. Brugger
600 5th Avenue South, Suite 207
Naples,Florida 34102
Re: Zoning Verification Letter ZVL (CUD)-PL20150000867; Zoning Verification Letter —
Comparable Use Determination for Piper's Crossing, 1201 Piper Boulevard, Building 100, Units 12-15,
located within Piper's Crossing A Commercial Condominium 100-F in Section 18, Township 49 South,
Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio: 67954000128
(00161200008-historical).
Dear Mr. Brugger:
This letter is in response to a Comparable Use Determination (CUD) Application dated April 13, 2015,
that was submitted by you on the behalf of your client,Pipers Crossing 1202, LLC. Said application was
accompanied by a cover letter including justification for said request and three exhibits: Exhibit A —
Ordinance 04-41, as amended, Section 2.03.03 B (LDC, C-2 Permitted Uses); Exhibit B — Piper's
Crossing Site Plan; Exhibit C —copy of Entrance Road and Parking Easement Agreement dated July 22,
2005; and Exhibit D — Current tenant list with use and area values. You have specifically requested a
determination from the Zoning Manager and affirmation from the Office of the Hearing Examiner that the
use of a Dialysis Center, SIC 8092, is comparable and compatible with the listed C-2 permitted uses and
the intent statement of the C-2 zoning district.
The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land
Development Code (LDC), Ordinance 04-41, as amended; the LDC implements the goals, policies and
objectives of the County's Growth Management Plan. The current Official Zoning Atlas, an element of
the LDC, reveals the subject property has a zoning designation of Commercial Convenience District(C-
2), as established by Ordinance No. 2000-20, passed and duly adopted by the Board of County
Commissioners on April 11, 2000. Allowable uses within the C-2 zoning area are listed within LDC
Section 2.03.03 B.1. Listed as permitted uses within the C-2 district are Health services, offices and
clinics (8011-8049); additionally, permitted use #73 reads: "Any other commercial use or professional
services which is comparable in nature with the foregoing uses, including those that exclusively serve the
administrative as opposed to the operational functions of a business and are associated purely with
activities in an office"and#74 reads: "Any other commercial or professional use which is comparable in
nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the
district as determined by the board of zoning appeals pursuant to section 10.08.00."
It is your contention that a dialysis center should be an allowable permitted use at the subject location and
have identified C-2 permitted Use #73 as the basis for your argument. Staff contends that Use #73
pertains to business offices only; however, fmds that your argument qualifies by means of permitted use
#74 (see above) and is therefore proceeding with your request. Staff notes that as per the LDC
Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Zoning Verification Letter
Z VL(CUD)-PL20150000867 Exhibit A
Page 2of2 Page 2 of 2
Administrative Code, Chapter 3 Section G.6, such cases are presently subject to hearing and disposition
by the Office of the Hearing Examiner. You argue that the dialysis centers, given the state of present
technology, are operated in a fashion similar to those of health services, offices, and clinics (SIC 8011-
8049) which are listed as permitted uses both within the C-1 and C-2 zoning districts. You proceed to
explain that dialysis treatments historically were performed in a more hospital like setting; however,
today, are being conducted on a recurring outpatient basis with treatments typically performed 3 days a
week for an average of 3.5 hours per treatment. You provided information indicating that there are
approximately 6,200 dialysis clinics within the United States with only 300 of those being within a
hospital setting; you contend the remaining 5,900 clinics are being operated in doctor's office type
settings. Staff has no reason to doubt the statistics provided and conveys that, as per the LDC, dialysis
centers are listed as permitted uses within the C-4 and C-5 zoning districts as are hospitals (SIC 8062-
8069).
The Zoning Manager has reviewed the application and submittal documents and finds the argument made
to be compelling; the above described dialysis center operates in a manner consistent with the purpose
and intent statement of the C-2 zoning district as contained within LDC Section 2.03.03 B, which reads,
in part: "The purpose and intent of the commercial convenience district (C-2) is to provide lands where
commercial establishments may be located to provide the small-scale shopping and personal needs of the
surrounding residential land uses within convenient travel distance except to the extent that office uses
carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent
of this district is that retail and service uses be of a nature that can be economically supported by the
immediate residential environs. Therefore, the uses should allow for goods and services that households
require on a daily basis, as opposed to those goods and services that households seek for the most
favorable economic price, and therefore, require much larger trade areas... " As based upon the
information contained herein, the Zoning Manager has determined that subject dialysis center is
comparable and compatible with those of offices and clinics of doctors and other health practitioners(SIC
8011-8049) all of which are permitted uses within the C-2 zoning district. Be it noted that this
determination pertains only to use and does not negate the necessity of the prospective business to obtain
a Zoning Certificate—NonResidential prior to occupying space within Collier County for the conduct of
business. This determination must be affirmed by the Hearing Examiner to become valid; 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: johnkelly @colliergov.net.
Researched and prepared by: Reviewed by:
/i
JohnA. Kelly, PlarMer Raymo ellows,Zoning Manager
Zoning Services Section Zoning ervices Section
Attachments
1
OR: 3853 PG: 0931 EXACTA 40
LAND SERVICES.INC.V
LEGAL DESCRIPTION
UNIT 100
A Part of the Southwest V4 of the Southwest 1/4 of the Southwest V,of Section 24,Township
48 South, Range 25 East,Collier County, Florida Less the Southerly 160 Feet,being more
particularly described as follows,
Commencing at the Southeast corner of said Property:
Thence along the East line of said Property North 00°00' 37" West 104.91 feet:
Thence leaving said East Line South 89° 59' 23" West 43.91 Feet to the Point of
Beginning of the following described parcel;
Thence South 89°25' 09"West 560.00 feet
Thence North 00°34' 51"West 88.00 feet;
Thence North 89°25' 09"East 560.00 feet;
Thence South 00° 34' 51" East 88.00 feet to the POINT OF BEGINNING of the
parcel herein described;
Subject to easements and restrictions of record;
Containing 49280 square feet more or less;
Bearings are assumed and based on the East property line as being North 00°00' 37" West.
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Exhibit B