HEX Final Decision 2018-28 HEX NO. 2018 - 28
HEARING EXAMINER DECISION
PETITION NO. CUD-PL20180002589 — Brentwood Land Partners, 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 uses of physical fitness facilities (SIC 7991), and used merchandise stores
(SIC 5932) with the exception of pawn shops, are comparable in nature to those
commercial uses permitted in Section 4.3 of the Malibu Lake MPUD, Ordinance No.
05-10, as amended. The subject property is located in the southeast quadrant of the I-
75 and Immokalee Road intersection, in Section 30, Township 48 South, Range 26
East, Collier County, Florida.
DATE OF HEARING: December 13, 2018
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 should be
approved.
DECISION:
The Hearing Examiner hereby approves Petition No. CUD—PL20180002589, filed by D. Wayne
Arnold of Q. Grady Minor & Associates, P.A., representing Brentwood Land Partners, LLC,
requesting approval of a zoning verification letter determining that the proposed uses of physical
fitness facilities (SIC 7991), and used merchandise stores (SIC 5932) with the exception of pawn
shops, are comparable in nature to those commercial uses permitted in Section 4.3 of the Malibu
Lake MPUD, Ordinance No. 05-10, 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 -Malibu Lake ZVL
[18-CPS-01822/1451908/1]45 Page 1 of 2
LEGAL DESCRIPTION:
See Ordinance No. 05-10, the Malibu Lake MPUD, as amended.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
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.
( 2 /,
12 - a ( - /alt. V '
Date Marl Strain, Hearing Examiner
Approved,s to fo and legality:
Scott Stone
Assistant County Attorney
[18-CPS-01822/1451908/1145 Page 2 of 2
Co it County
Growth Management Department
Zoning Division
October 17,2018
D. Wayne Arnold,AICP
Q.Grady Minor&Associates,P.A.
3800 Via Del Rey
Bonita Springs,Fl 34134
Re: Letter of Zoning Verification for Comparable and Compatible Determination (CUD)
PL20180002589 for the Malibu Lake MPUD, 2405–2415 Tarpon Bay Blvd,Naples,Fl 33119. Section
30,Township 48 South,Range 26 East,Collier County,Florida. Property ID/Folio: 24745000545.
Dear Mr.Arnold:
This letter is in response to a Comparable Use Determination (CUD)Application dated August 20, 2018
which was submitted by you on the behalf of your client,Brentwood Partners LLC.You have specifically
requested a determination from the Zoning Manager and affirmation from the Office of the Hearing
Examiner that the separate uses of a Physical Fitness Facilities and Used Merchandise Store,respectively
Standard Industrial Code(SIC)7991 and Major Industry Group(59)Miscellaneous Retail,are comparable
and compatible with the permitted uses in Malibu Lakes(MPUD),Ordinance 2005-10.
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 MPUD, Ordinance 2005-10, as
amended. Permitted uses within this MPUD for the subject parcel are listed in Exhibit A, Section 4.3
Commercial Permitted Uses. Commercial"C".Permitted Principal Uses included in Section 4.3A.32 "Any
other principal use or personal service which is comparable in nature with the foregoing list of permitted
principal uses,as determined by the Board of Zoning Appeals or the Hearing Examiner by the process
outlined in the LDC."This application was reviewed for comparability and compatibility of allowable C-
3,C-4 and C-5 uses of the LDC listed within this MPUD as well as for comparability and compatibility of
characteristics such as:
> Similarity of Sic Industry Groups
> Similar activities to other permitted uses within the MPUD
> Similar impact to other uses within the MPUD
Assessment of a Physical Fitness Facility
> Amusement and recreation services, (Groups 7911,7933,7081) mart. [Specifically referenced as
permitted uses in the Malibu MPUD]
➢ Health services (Groups 8011-8099). [Specifically referenced as permitted uses in the Malibu
MPUD.}
c, r
�• EXHIBIT A
T PL20180002589 Viek n...._ 1 ,..c
CU'D �t rage 1 o1 3
cxong Daia:�n• s
While many of the permitted uses in the MPUD, are permitted in zoning designations C-3 to C-5 of the
LDC,Physical Fitness Facility is not specifically referenced. Given the MPUD calls Section 4.3A.32,and
Physical Fitness Facilities are permitted in zoning districts C-3 to C-5, staff finds similarity in the nature
and intent of the referenced uses and deems Physical Fitness Facility (SIC 7991) comparable and
compatible with the array of permitted and existing uses within the MPUD.
Assessment of Used Merchandise Store
> Miscellaneous retail (Groups 5912, 5921, 5932, (antiques only) 5941-5949, 5992-5999 (except
auction rooms, monument and tombstone sales). [Specifically referenced as permitted uses in the
Malibu MPUD.J
> General merchandise stores (Groups 5331-5399) including warehouse clubs and discount retail
superstores.[Specifically referenced as permitted uses in the Malibu MPUD.J
While many of the permitted uses in the Malibu MPUD, are permitted in zoning designations C-3 to C-5
of the LDC,Used Merchandise Store is not specifically referenced. Given the similarity in the nature and
intent of the referenced retail uses,staff finds a Used Merchandise Store(SIC 5932)with the exception of
Pawnshops;is comparable and compatible with the array of permitted and existing uses within the Malibu
MPUD.
Furthermore,staff has identified several locally/nationally recognized Used Merchandise Stores currently
in operation in Collier County and understands the demand and industry trend for this mode of retail
services as viable.Listed below are a few of the most recognized used merchandise retailers:
➢ Plato's Closet, haps://www.platosclosetnaples.com/
A Game Stop, https://www.gamestop.com/store/us/fl/napies/b037/market-center-gamestop
➢ 2nd and Charles, http://2ndandcharies.corni
➢ Guadalupe Resale Shop,https://www.guadalupecenter.org((Non-for Profit)
Assessment of Intensity Impact
As to potential adverse impacts; the Site Development Plan (SDP) approval for the MPUD was for a
shopping center.Therefore,the parking and any other stipulations of the approved SDP associated with the
MPUD are inclusive for all existing and proposed uses within the property.
Determination
The Zoning Manager has reviewed the application and submittal documents and finds the assertion made
by the applicant to be compelling. It has been concluded that a Physical Fitness Facility and Used
Merchandise Store are comparable and compatible to the allowable uses of zoning designations C-3 to C-
5 of the LDC listed within the MPUD as well as the characteristics associated with intensity and business
character,of this MPUD. Therefore,in accordance with the MPUD under Exhibit A. Section 4.3A.32,the
applicants proposed uses are comparable and compatible in effect on the date of approval of the MPUD
Ordinance 2005-10,
CUD PL201 X0002589 • Page 2 of 3
Zoning Division•2800 Nath Horseshoe Drive•Naples,Florida 34104.239252-2400•www.cdiergov.net
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