HEX Final Decision 2017-17 HEX NO. 2017— 17
HEARING EXAMINER DECISION
PETITION NO. ZLTR(CUD)-PL20170000096 — Angel's Medical Company 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 adult daycare (SIC 8322) is comparable in nature to other permitted principal uses in
Tracts "C," "D," and "E" under Section 4.3 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. One member of the public attended the
hearing and expressed support for this application.
According to the Zoning Verification Letter and the information provided by the Applicant, the
parking was calculated as follows:
"...The parking calculation for an adult day care is 1 per employee of the largest shift
work plus 1 space for every 10 adults. Per the applicant, approximate number of employees of
the largest shift, 8-5, will be 16; the applicant states there will be a maximum of 80 elderly
clientele. Thus, the total required parking would be 16 (employee calculation) + 8 (clientele
calculation) = 24 parking spaces. Two uses permitted in section 4.3.A of this PUD are retail
and libraries; retail is calculated at 1 space per 250 square feet and libraries at 1 per 200
square feet; thus given 3,200 square feet, retail would require 13 spaces and library 16 spaces.
While retail (13 required spaces) and libraries (16 required spaces) would require less parking
than an adult day care (24 required spaces), the required 24 parking spaces would be reduced
via two ways as a result of business functioning. More specifically, 90% of the clientele will be
[17-CPS-01659/1352375/1]40 1 of3
bused to the facility and employees will be required to park in the rear; both help elevate (sic)
the required parking calculation. There is no trip generator for adult day care in the Institute of
Transportation Engineers (ITE), Parking Generation Manual, and thus no way to get an actual
traffic calculation without an official study.... "
DECISION:
The Hearing Examiner hereby approves Petition No. ZLTR(CUD)-PL20170000096, filed by
Deysi Iglesias on behalf of Angel's Medical Company, requesting approval of a zoning
verification letter determining that the proposed use of adult daycare (SIC 8322) is comparable in
nature to other permitted principal uses in Tracts "C," "D," and "E" under Section 4.3 A. of the
Founders Plaza PUD, Ordinance No. 02-68, as amended, on the property described herein, and
affirms staffs 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)-PL20170000096
LEGAL DESCRIPTION:
Units 2 and 3, of PARK EAST PLAZA, a condominium, according to the Declaration of
Condominium thereof, recorded in Official Records Book 3207, Page 1541, 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 maximum number of parking spaces for this use shall be 16, based upon applicant's
representation that a minimum of 90% of clientele will be bused to the site.
3. Employees will park in the rear of the facility.
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.
[17-CPS-01659/1352375/1140 2 of 3
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 M Strain, Hearing Examiner
App,•ved as o form and legality:
Scott A. Stone
Assistant County Attorney
[17-CPS-01659/1352375/1]40 3 of 3
Exhibit A - Page 1 of 2
Co Comitv
Growth Management Department— Planning & Regulation
Zoning Services Division
March 28, 2017
Deysi Iglesias
6080 Autumn Oaks Lane
Naples Florida 34119
Re: Zoning Verification Letter ZLTR (CUD)-PL20170000096; Zoning Verification Letter — Comparable
Use Determination for the Founders Plaza Planned Unit Development, 5248 Golden Gate Parkway, located
within in Section 28, Township 49 South, Range 26 East, of unincorporated Collier County, Florida. Property
ID/Folio: 6603 0001042.
Dear Ms. Iglesias:
This letter is in response to a Comparable Use Determination (CUD) application which was submitted by the
applicant on the behalf of Clinica Los Angeles. The applicant requests a determination from the Zoning
Manager and affirmation from the Office of the Hearing Examiner that the use of an adult daycare, Standard
Industrial Code (SIC) 8322, is comparable and compatible with the permitted uses in Section 4.3.A of the
Founders Plaza Planned Unit Development(PUD), 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. The requested location, within this PUD's Master Plan, is Tract E; allowable uses are listed in Section
IV, 4.3 Permitted Uses. Please note that per 4.3.A.1. "all permitted uses and structures listed under Section
3.3A of this Document, except #4" are permitted uses for Tracts C, D, and E, in addition to the other uses listed
under 4.3.A. The comparability review parameters of this application are threefold: 1. similar zoning, 2.
external impacts and 3. business character.
Adult day care center, SIC 8322, is a permitted use in the Commercial Professional and General Office District
(C-1), the Commercial Convenience District (C-2), the Commercial Intermediate District (C-3), the General
Commercial District (C-4), and the Heavy Commercial District (C-5). Section 1.6 of the Founder's Plaza PUD
states it, "will include a mixture of professional offices, an existing church and commercial uses." Uses in
Section III and IV permit professional offices and commercial uses permitted in C 1 through C5 of the LDC;
adult day cares are permitted uses in Cl through C5 of the LDC. Thus, adult day care falls into a similar
permitted LDC zoning range of the permitted uses outlined in Section III and IV of this PUD.
The external impact of the proposed use of adult daycare will be minimized as a result of the busing of clientele
and the designated employee parking in the rear. Per the applicant, transportation of elderly clientele will be
door-to-door service, "to facilitate door to door transportation" and provide "private and safe transportation
provided by the business will drop off and pick up individuals." Additionally, the applicant states that"90% of
the patients will be picked/dropped by our transportation." The total square feet for the adult day care will be
3,800; this is located in the Park East Plaza of the Founder's Plaza PUD. The parking calculation for an adult
day care is 1 per employee of the largest work shift plus 1 space for every 10 adults. Per the applicant,
approximate number of employees of the largest shift, 8-5, will be 16; the applicant states there will be a
Exhibit A - Page 2 of 2
maximum of 80 elderly clientele. Thus, the total required parking would be 16 (employee calculation) + 8
(clientele calculation) = 24 parking spaces. Two uses permitted in Section 4.3.A of this PUD are retail and
libraries; retail is calculated at 1 space per 250 square feet and libraries at 1 per 200 square feet; thus, given
3,200 square feet, retail would require 13 spaces and a library 16 spaces. While retail (13 required spaces) and
libraries (16 required spaces) would require less parking than an adult day care (24 required spaces), the
required 24 parking spaces would be reduced via two ways as a result of business functioning. More
specifically, 90% of the clientele will be bused to the facility and employees will be required to park in the rear;
both help to elevate the required parking calculation. There is no trip generator for adult day care in the Institute
of Transportation Engineers (ITE), Parking Generation Manuel, and thus no way to get an actual traffic
calculation without an official study.
The business character of the facility will be similar in nature to permitted uses in Section III and Section IV of
this PUD; more specifically, the operational function will be similar to churches, permitted in Section III, and
libraries, permitted in Section IV, in that they both offer educational and extracurricular activities which service
a similar demographic. The proposed adult day care will provide a space to meet where elderly clientele can,
"socially interact with others" engaging in, "entertainment according to individual interests, games, movie-
clubs,tai chi-clubs,news clubs."All activities will be within the facility;there will be no outdoor activities.
The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be
compelling. It has been concluded that an adult day care is comparable and compatible to the permitted uses in
Section IV and Section III of this PUD; it has been found comparable and compatible in regard to similar
zoning, external impacts, and business character. Therefore, in accordance with the PUD under Section III, 3.3
Permitted Uses #22 adult day care, SIC 8322, is comparable in nature with the foregoing list of permitted
principal uses in Section III and IV.
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 Raymo Bellows, Zoning Manager
Zoning Services Section Zoning ervices Section
C: Annis Moxam,Addressing Section
Laurie Beard, PUD Monitoring