HEX Final Decision 2023-15HEX NO. 2023-15
HEARING EXAMINER DECISION
DATE OF HEARING.
May 11, 2023
PETITION.
Petition No. CU-PL20220007945 — Charlemagne Plaza on Rattlesnake Hammock Road —
Request for approval of a Conditional Use to allow Coin Operated Amusement Devices (SIC
7993) pursuant to LDC section 2.03.03.C.1.c.5 on f2.78 acres located at 5488 Rattlesnake
Hammock Road, Naples, FL 34113, in Section 18, Township 50 South, Range 26 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner seeks a Conditional Use for Coin Operated Amusement Devices according to
Standard Industrial Classification (SIC) Code 7993 only for unit 5488 Rattlesnake Hammock RD
in the Charlamagne Plaza.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(3) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
5. The applicant conducted a duly noticed and advertised NIM on April 6, 2023, at 5492
Rattlesnake Hammock RD, Naples, FL 34113, known as the Ministerio Internacional
Avivamiento Jehova Nisi, Inc., at 5:00 pm. There were no commitments made by the applicant
aside from what already existing. In total, there was one person in attendance. Their primary
concern to the applicant/property owner was if there was a plan to expand the shopping center
Page 1 of 4
with new construction. The attendee was reassured there are no plans for expansion and that
this is only for a Conditional Use application for the specific use of Coin Operated
Amusement Devices to continue operations.
6. The County Staff presented the Petition followed by the Petitioner, public comment and then
rebuttal by the Petitioner. There were no objections at the public hearing. A letter of support
along with sheets of type and written signatures in support of the request in this Petition were
provided as part of the record.
7. The County Code of Ordinance Sec. 2-87(3)(a) directs the Hearing Examiner to review this
minor conditional use amendment by the Land Development Code Section 10.008.1) criteria.
The Hearing Examiner may grant the minor Conditional Use if it will not adversely affect the
public, and that satisfactory provision and arrangement has been made for the following
matters, where applicable:'
1. Section 2.03.03.C.1.c.5. of the Land Development Code (LDC) permits conditional uses
in the Commercial Intermediate C-3 zoning district.
The record evidence and testimony from the public hearing reflects that the requested use
for a Coin Operated Amusement Device (SIC 7993) is allowed as conditional uses in the
C-3 zoning district, subject to the standards and procedures established in section
10.08.00, conditional uses procedures, of the LDC.
2. Consistency with the LDC and the Growth Management Plan (GMP).
The record evidence and testimony from the public hearing reflects that this request is
consistent with the GMP, and, with the conditions proposed by staff, this project will be in
compliance with the applicable provisions of the LDC.
3. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
The record evidence and testimony from the public hearing reflects that transportation
review concluded that there are no transportation -related issues with this Conditional Use
since the trips generated by the subject unit are already in the network and won 't provide
additional trips. A TIS waiver was provided on a separate letterhead page that outlined
the history, the existing use, and that the Conditional Use request will not generate any
additional trips.
4. The effect the Conditional Use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
The record evidence and testimony from the public hearing reflects that the Conditional
Use will not cause any impacts of noise, glare, economic impact, or odor effects on
'The Hearing Examiner's findings are italicized.
Page 2 of 4
neighboring properties. The Conditional Use will only apply to the Subject Unit on the
Subject Property. This unit is an existing business that has been in operation for nearly 4
years with no complaints from neighboring businesses or residents. The only Code
Enforcement issues pertain to the business operating without a license which is the purpose
of this Conditional Use petition.
5. Compatibility with adjacent properties and other properties in the district.
The record evidence and testimony from the public hearing reflects that the subject unit is
an existing unit within an existing shopping center that was permitted in 1975. The current
use for the subject unit is an allowable conditional use within the C-3 zoning district
according to LDC Sec. 2.03.03 C.1. c.5. It is one of 14 units within the subject property
shopping center and has not had complaints from neighboring businesses or residents. It
is consistent with the GMP as is a commercial site within the Urban Residential Subdistrict.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner, County staff and any given by
the public, the Hearing Examiner finds that there is enough competent, substantial evidence as
applied to the criteria set forth in Section 10.08.00.1) of the Land Development Code to approve
this Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number CU-PL20220007945, filed by Amil
Kajy, Manager of Virtue 1, LLC, with respect to the properties described as 5488 Rattlesnake
Hammock Road, Naples, FL 34113, also known as Charlamagne Plaza on Rattlesnake Hammock
Road, in Section 18, Township 50 South, Range 26 East, Collier County, Florida, for the following:
• A request for approval of a Conditional Use to allow Coin Operated Amusement Devices
(SIC 7993) pursuant to LDC section 2.03.03.C.1.c.5 on ±2.78 acres.
Said changes are fully described in the Master Plan attached as Exhibit "A" and as set forth below.
ATTACHMENTS.
Exhibit A — Master Plan
LEGAL DESCRIPTION.
5488 Rattlesnake Hammock Road, Naples, FL 34113, also known as Charlamagne Plaza on
Rattlesnake Hammock Road, in Section 18, Township 50 South, Range 26 East, Collier County,
Florida
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CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Operating hours are 7 days a week from 11:00 am to 10:00 pm.
3. There is an age restriction for customers to be 21 years old or over.
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. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
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
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 4 of 4
EXHIBIT "A"
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