HEX Final Decision 2017-16 HEX NO. 2017— 16
HEARING EXAMINER DECISION
PETITION NO. ZLTR(CUD)-PL20170000993 — Frangie, LLC 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 private
investigator (SIC 7381) is comparable in nature to other permitted principal uses in Tract
"F" under Section 5.3 A. of the Founders Plaza PUD, Ordinance No. 02-68, as amended.
The subject property is located on the south side of Golden Gate Parkway, approximately
one third mile east of Santa Barbara Boulevard, in Section 28, Township 49 South, Range
26 East, Collier County, Florida, consisting of 13.33± acres.
DATE OF HEARING: July 27, 2017
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
public, 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
should be approved.
ANALYSIS:
No objections have been received for this application and no members of the public, other than
those associated with the Applicant, attended the hearing.
DECISION:
The Hearing Examiner hereby approves Petition No. ZLTR(CUD)-PL20170000993, filed by
Ghassoub Frangie on behalf of Frangie, LLC, requesting approval of a zoning verification letter
determining that the proposed use of private investigator (SIC 7381) is comparable in nature to
other permitted principal uses in Tract "F" under Section 5.3 A. of the Founders Plaza PUD,
Ordinance No. 02-68, 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.
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZLTR(CUD)-PL20170000993
[17-CPS-01670/1352419/1]34 1 of2
LEGAL DESCRIPTION:
Unit 6, Park East Professional Centre, a condominium according to the Declaration of
Condominium thereof as recorded in Official Records Book 2974, Page 231, and subsequent
amendments thereto, of the public records of Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. The character of the facility shall be similar in nature to office based businesses, and
activities at this location shall consist solely of office work.
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.
11/1\44-1
Ar-
Date Matk Strain, earing Examiner
Approv d as to fo and legality:
Scott A. Stone
Assistant County Attorney
[17-CPS-01670/1352419/l]34 2 of 2
Exhibit A - Page 1 of 2
Co Cier County
Growth Management Department — Planning & Regui? -
Zoning Services Division
April 20, 2017
Ghassoub Frangie
Aquilam Investigations, LLC
5270 Golden Gate Parkway
Naples, FL 341116
Re: Zoning Verification Letter ZLTR(CUD)-PL20170000993; Zoning Verification Letter—Comparable Use
Determination for the Founder's Plaza Planned Unit Development, 5270 Golden Gate Parkway, located within in
Section 28 Township 49 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio:
66030002122.
Dear Mr. Frangie:
This letter is in response to a Comparable Use Determination (CUD) application which was submitted by the
applicant requesting a determination from the Zoning Manager and affirmation from the Office of the Hearing
Examiner that the use of a private investigation company, Standard Industrial Classification (SIC) 7381, is
comparable and compatible with the permitted uses in Section V of the Founders Plaza Planned Unit Development
(MPUD),Ordinance 02-68, 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 Founders Plaza PUD, Ordinance 02-68, as
amended.This address is located within Tract"F"as outlined in the PUD's Master Plan; allowable uses are listed
in Section 5.3.A. Section 5.3.A.#21 states that, "any other commercial use or professional service, which is
comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning
Appeals (BZA)." The comparability review parameters of this application are threefold: 1. similar zoning, 2.
business character and 3. external impacts.
Regarding similar zoning, the Standard Industrial Classification 7381, under which private investigators falls, is
a permitted use in the General Commercial District (C-4), Heavy Commercial District (C-5), and the Industrial
District (I) of the LDC. This PUD's permitted uses in Section V, for Tract "F", encompass Commercial
Professional and General Office District (C-1), Commercial Convenience District (C-2), Commercial
Intermediate District(C-3), General Commercial District(C-4), Heavy Commercial District(C-5),and Industrial
District (I). Thus, private investigator is a land use permitted within the zoning range outlined in Section 5.3.A
of this PUD.Additionally,the applicant asserts that private investigator is similar in nature to insurance inspection
and investigation, SIC 6411, which is a permitted use in Section V of this PUD; insurance inspection and
investigation are permitted per Section 5.3.A.#8. It is therefore deemed by staff that SIC 7381, private
investigator, is similar in regard to zoning classification.
Per the applicant,the business character of the facility will be similar in nature to office based businesses; stating,
"private investigation business will consist of strictly office work." Per Section 5.2 of this PUD, Tract "F" is
intended"to provide professional offices and commercial land uses consistent with the Golden Gate Area Master
Plan."This address is located within the Golden Gate Parkway Professional Office Commercial Subdistrict within
Exhibit A - Page 2 of 2
the Golden Gate Area Master Plan (Master Plan) of the Growth Management Plan. This Master Plan states that
uses contained within this Subdistrict are, "general low intensity, office development associated with retail uses,
and community facility uses, such as churches,which will minimize vehicular traffic." Section 5.3 permits uses
from SIC Major group 73-Business Services. While private investigator, SIC 7381, is not a permitted use in this
Section, it does allow other Major group 73 uses which are professional offices. It is therefore deemed by staff
that SIC 7381, private investigator, is similar in business character to the permitted uses within Section V of this
PUD.
The applicant states that 95% of the time no one will come to the office and that, "we would(he and his partner)
not have an office if the state didn't mandate it." The applicant states that clientele will consist of individuals to
entities such as law firms, and the majority of services rendered to clients will occur outside of the office, stating
"the bottom line is that our office would probably be empty of people 90% of the time." The LDC's private
investigator parking calculations are the office parking calculations, 1 space per 300 square feet, and thus are
required the same parking as professional offices as outlined as the intent of this PUD per Section 5.2,"to provide
professional offices and commercial land uses consistent with the Golden Gate Area Master Plan."The applicant
states that the office is approximately 175 square feet and thus would be allowed one parking space. With the
applicant's provisions of office functioning, it is deemed by staff that the external impacts are the same to
professional offices.
The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be
compelling. It has been concluded that the use of private investigator, SIC 7381, is comparable and compatible
with the permitted uses in Section V of the Founders Plaza PUD,Ordinance 02-68,as amended.More specifically,
the use outlined in the Founders Plaza PUD Section V, 5.3.A. Permitted principal uses and structures. Therefore,
in accordance with the PUD under Section V, 5.3.A #21, private investigator, SIC 7381, is deemed comparable
in nature with the foregoing list of permitted uses in Section v.
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:
ry
71/
Q%/1""A
Rachel Beasley,Planner Raymo ellows, Zoning Manager
Zoning Services Section Zoning Services Section
C: Annis Moxam, Addressing Section
Laurie Beard,PUD Monitoring