HEX Final Decision 2016-41 HEX NO. 2016—41
HEARING EXAMINER DECISION
PETITION NO. ZLTR (CUD)-PL20160002571 — Hulett Environmental Services, 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 use of pest control and extermination business (SIC 7342) is comparable in
nature to other permitted principal uses in the area described as "Both East and West of
the Florida Power & Light Easement" under Section 3.2(A) of the City Gate Commerce
Park PUD, Ordinance No. 88-93, as amended. The subject property is located on the
northeast corner of Collier Boulevard and City Gate Drive, in Section 35, Township 49
South, Range 26 East, Collier County, Florida, consisting of±1.65 acres.
DATE OF HEARING: December 8, 2016
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.) of the Land Development Code has been met and the petition should be
approved.
ANALYSIS:
Other than the applicant, no members of the public attended this meeting and no objections have
been received for this application.
DECISION:
The Hearing Examiner hereby approves Petition No. ZLTR (CUD)-PL20160002571, filed by
Tim Hancock, AICP of Stantec Consulting Services, representing Hulett Environmental
Services, requesting approval of a zoning verification letter determining that the proposed use of
pest control and extermination business (SIC 7342) is comparable in nature to other permitted
principal uses in the area described as "Both East and West of the Florida Power & Light
Easement" under Section 3.2(A) of the City Gate Commerce Park PUD, Ordinance No. 88-93, as
amended, 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.
[16-CPS-01603/1307327/1] 55 Page 1 oft
ATTACHMENT: Exhibit A - Zoning Verification Letter ZLTR(CUD)-PL20160002571
LEGAL DESCRIPTION:
See Ordinance No. 88-93, as amended, the City Gate Commerce Park PUD.
CONDITIONS:
1 . All other applicable state or federal permits must be obtained before commencement of
the development.
2. A minimum of 65% of the building space will be used for business and professional
office space.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
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.
'
Date Mark'Strain, Hearing Examiner
Approve a as to fl and legality:
Mr Mir
Scott A. Stone
Assistant County Attorney
[16-CPS-01603/1307327/1] 55 Page 2 of 2
Exhibit "A"
Page 1 of 2
Gr3 wth Management D r y il n mnu kegLnation
Zoning v:c Doiisien
October 10, 2016
Tim Hancock,AICP
Stantec
5801 Pelican Bay Blvd, Suite 300
Naples,Florida 34108
Re: Zoning Verification Letter ZLTR (CUD)-PL20160002571; Zoning Verification Letter — Comparable Use
Determination for the City Gate Commerce Park PUD, 3823 White Lake Blvd, located within in Section 35, Township
49 South, Range 26 East,of unincorporated Collier County, Florida. Property ID/Folio: 26095000183.
Dear Mr. Hancock:
This letter is in response to a Comparable Use Determination (CUD) Application dated September 27, 2016, which was
submitted by you on the behalf of your client, Hulett Environmental Services. You have specifically requested a
determination from the Zoning Manager and affirmation from the Office of the Hearing Examiner that the use of a pest
control and extermination business, Standard Industrial Code (SIC) 7342, is comparable and compatible with the
permitted uses in Section III, 3.2.A. Both East and West of the Florida Power & Light Easement (FPL) within the City
Gate Commerce Park PUD, Ordinance 88-93, as amended.
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 current Official Zoning Atlas, an element of the LDC, reveals the subject
property has a zoning designation of the City Gate Commerce Park PUD, Ordinance 88-93, as amended. Allowable uses
are listed under Section III 3.2; more specifically, this petition looks for a comparison as outlined in Section III 3.2.A
Both East and West of the FPL Easement, #3 "business and professional offices". Additionally, Section III 3.2.A. Both
East and West of the FPL Easement, #4 states "any other use which is determined by the planning/zoning director to be
comparable and/or compatible with the listed permitted uses." This PUD does not utilize SIC codes for use designations.
Pest control and extermination services are listed under Major Group 73, Business Services, within the SIC, more
specifically, SIC 7342 Disinfecting and Pest Control Services. The submitted site plan shows the proposed building with
+/- 5,775 square feet of office space and+/-2,700 square feet of storage/warehouse. The applicant states that the business
operations at this location will be, "primarily administrative functions including sales, service, and management space"
and thus comparable to business and professional offices. Furthermore, the applicant states that the storage warehouse "is
primarily for storage of equipment and materials that support the pest control and extermination technicians who work in
the field." Per a 10/5/16 conversation with Mr. Hancock,the majority of service trucks will be stored with the technicians,
i.e. go home with them. Thus, the majority of this business' operation will be "business and professional office", as
outlined in Section III 3.2 Both East and West of the FPL Easement.
The applicant also examines adjacent properties for surrounding area comparability and compatibility. The property to
the north is also the City Gate Commerce Park PUD. Immediately north is a carwash (SIC 7542)and adjacent to that is a
gas station(SIC 5541). Both car washes and gas stations are permitted uses within the General Commercial District(C-4)
of the LDC just as SIC 7342, for a pest control and extermination service, are permitted uses within the C-4 district of the
LDC. Immediately west is the Golden Gate Commerce Park PUD, Ordinance 00-15, as amended. While this PUD does
not include the specific use subject of this letter, it does included SIC Major Group 73, Business Services such as 7311
Advertising Agencies, which, per the applicant, additional functions in the main building will include advertising. To the
southwest is Collier Boulevard Mixed Use Commercial Center (MPUD), Ordinance 01-10, as amended. Per Section VII,
7.5.7 Business Services permits Major Group 73, more specifically 7342 Disinfecting and Pest Control Services, which
pest control and extermination fall under.
Exhibit "A"
Page 2 of 2
The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be
compelling. It has been concluded that a pest control and extermination business, Standard Industrial Code(SIC)7342, is
comparable and compatible to allowable uses within the City Gate Commerce Park PUD, relating to permitted uses both
east and west of the FPL easement, specifically #3 business and professional offices. Additionally, it has been concluded
that the proposed use is comparable and compatible with surrounding uses both within the PUD and externally.
Therefore, in accordance with the PUD Section III, 3.2 Both East and West of the FPL Easement#4, a pest control and
extermination business is comparable and/or compatible with the listed permitted uses.
Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of
the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the
county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.All
other applicable state or federal permits must be obtained before commencement of the development.
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)252-8202 or
e-mail: rachelbeasley@colliergov.net.
Researched and prepared by: Reviewed by:
Rachel Beasley,Planner Rayrp d Bellows,Zoning Manager
Zoning Services Section Zoning Services Section
C: Mike Bosi,AICP,Director
Annis Moxam,Addressing Section
Ian Barnwell,PUD Monitoring