HEX Final Decision 2015-32 HEX NO. 2015—32
HEARING EXAMINER DECISION
PETITION NO. ZVL-PL20150000829 —Del Mar Retail Center Condominium Association,
Inc. requests affirmation of a zoning verification letter issued by the Planning and Zoning
Division pursuant to LDC Section 10.02.06, in which County staff determined that the
proposed uses of judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art
gallery, tanning salon, pet daycare, boarding and grooming with no outdoor kenneling,
artificial flowers-retail, pet food store, pet shops, retail telephone services, retail picture
frame shops, and kidney dialysis are comparable in nature to other permitted commercial
principal uses in Tract "B" under Section 3.2(A) of the Wildwood Estates PUD, Ordinance
No. 81-27, as amended. The subject property is located on the north side of Davis
Boulevard, approximately one-quarter mile east of Santa Barbara Boulevard, in Section 4,
Township 50 South, Range 26 East, Collier County, Florida, consisting of 3± acres.
DATE OF HEARING: August 13, 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—PL20150000829, filed by Robert
Mulhere, FAICP, representing Del Mar Retail Center Condominium Association, Inc.,
requesting approval of a zoning verification letter determining that the proposed uses of
judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet
daycare, boarding and grooming with no outdoor kenneling, artificial flowers-retail, pet food
store, pet shops, retail telephone services, retail picture frame shops, and kidney dialysis are
comparable in nature to other permitted uses in Tract "B" under Section 3.2(a) of the Wildwood
Estates PUD, Ordinance No. 81-27, on the property described herein, and affirms staff's
determinations as stated in the Zoning Verification Letter attached as Exhibit "A", subject to the
condition(s) set forth below.
[15-CPS-01446/1200597/1]32 1 of 2
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL—PL20150000829
LEGAL DESCRIPTION: See Ordinance No. 81-27, the Wildwood Estates PUD.
CONDITIONS:
1. Each requested use shall be limited to 20% of gross building floor area, except SIC 7991
(limited to fitness facility/gym) and SIC 7999 (limited to judo and/or karate instruction,
yoga, and pilates) shall each be limited to 25%.
2. Each use within SIC 0752 (limited to pet daycare, boarding and grooming) shall be
"indoor only".
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.
g - - 2d� S ar J/1 9iAE6`--d-
Date MStrain, Hearing Examiner
Appro ed as to orm and legality:
4-a
Scott A. Stone
Assistant County Attorney
[15-CPS-01446/1200597/1132 2 of 2
i
Co ier County
Growth Management Department
Zoning Division
May 21,2015
Robert J. Mulhere, FAICP
Mulhere & Associates, LLC
430 Robin Hood Circle, Suite 102
Naples, FL 34104
Re: Zoning Verification Letter ZVL (CUD)-PL20150000829; Wildwood Estates PUD, Collier
County,Florida, Multiple Folio Numbers
Dear Mr. Mulhere:
Thank you for your request for a Comparable Use Determination. The subject property is zoned
Wildwood Estates Planned Unit Development(PUD).
You requested a determination that the following uses are comparable with the permitted uses in
the PUD: judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning
salon, pet daycare, boarding & grooming with no outdoor kenneling, artificial flowers — retail,
pet food store,pet shops, retail telephone stores, retail picture frame shops and kidney dialysis.
Your request states that these uses are limited in size and scale and that the traffic impacts would
not substantially affect the existing retail center and surrounding areas.
Staff agrees that most of the uses are permitted in the C-3 zoning district and would be
compatible with the other uses in the PUD. The uses of judo/karate instruction, yoga, pilates and
kidney dialysis are permitted uses in the C-4 district; however, Staff agrees that they can operate
without impacts to the size and scale and traffic of the neighborhood.
The Zoning Division has issued four Zoning Verification Letters between 2006 and 2014
requesting comparable use determinations (attached). In addition, The Zoning Director issued an
Official Interpretation in 2012 (attached).
Based on the research above and in the application, the Planning Manager has determined that
the requested uses are comparable and compatible to the other permitted uses in the PUD and are
therefore permitted uses. This determination shall be affirmed by the Hearing Examiner to
become valid.
r
42 x .
Exhibit A
of 3
Page 'I
2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
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 or fredreischl colliergov.net.
Researched and prepared by: Reviewed by:
Fred'Reischl, AICP, Principal Planner Rayms/. V. Bellows,Zoning Manager
Planning&Zoning Planning& Zoning
cc: Laurie Beard,PUD Monitoring
Anis Moxam,Addressing
Exhibit A
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