HEX Final Decision #2026-25HEX NO. 2026-25
HEARING EXAMINER DECISION
DATE OF HEARING.
March 26, 2026
PF.TITI(1N _
PETITION NO. PCUD-PL20250014954 - Tamiami Crossing CPUD - Tamiami Trail East and
6662 Collier Boulevard - Request for a determination that a liquor store (Standard
Industrial Code "SIC" 5921) is comparable and compatible in nature to other permitted uses in
Exhibit A, Section I.A, of the Tamiami Crossing Commercial Planned Unit Development
(CPUD) adopted by Ordinance Number 08-50, as amended. The subject CPUD comprises 13030,
13050, 13080, and 13100 Tamiami Trail East and 6662 Collier Boulevard, in Section 3, Township
51 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner requests a determination by the Hearing Examiner that a liquor store (SIC 5921)
is comparable in nature to other permitted uses in Exhibit A, Section I.A, of the Tamiami
Crossing Commercial Planned Unit Development (CPUD) adopted by Ordinance No. 08-50, as
amended.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS-
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County Code 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 public hearing was conducted in the following manner: the County Staff presented the
Petition followed by the Petitioner, and/or Petitioner's representative, public comment and then
rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the
public hearing.
5. The Hearing Examiner disclosed having reviewed the record and having had no ex parte
communications.
Page 1 of 6
6. The Comparable Use Determination criteria is found in County Land Development Code
Section 10.02.06.K.1-2:
The following Comparable Use Determination (CUD) shall be used to determine whether a
use at a site -specific location is comparable in nature and consistent with the list of
permitted uses, and the purpose and intent statement of the zoning district, overlay, or
PUD. Approval of a CUD made at one location shall not be construed to mean the use is
entitled in a different location.
To be effective, the Comparable Use Determination shall be approved by the Hearing
Examiner by decision, or Board of Zoning Appeals by resolution after CCPC
recommendation to the BZA, at an advertised public hearing based on the following
standards, as applicable:'
A. The proposed use possesses similar characteristics to other permitted uses in the
zoning district, overlay, or PUD, including but not limited to the following:
i. Operating Hours:
The record evidence and testimony from the public hearing reflects that there are
no restrictions for operating hours for any allowable use within the Tamiami
Crossing PUD. The petitioner's agent stated: "The retail liquor store would have
hours of operation similar to other retail establishments permitted within the
PUD." Staff noted that Chapter 6, Section 6-1(b) of the Collier County Code of
Ordinances states: "No alcoholic beverages may be sold, consumed, served, or
permitted to be served or consumed in anyplace holding a license under F.S. tit.
XXXII (F.S. chs. 561-568) between the hours of2:00 a.m. and 7:00 a.m.; provided,
however, the hours of prohibition for January I of each year shall be 5: 00 a.m. to
7: 00a.m. Said hours ofprohibition shall only apply to the unincorporated areas of
the county."
ii. Traffic Volume Generated/Attracted.
The record evidence and testimony from the public hearing reflects that the
petitioner's agent stated: "The liquor store use generates comparable traffic trips
to other permitted retail uses in the PUD, and fewer trips than uses such as
convenience stores and fast-food restaurants, which are also permitted in the
PUD." County staff concurred.
iii. Type of vehicles associated with the use:
The record evidence and testimony from the public hearing reflects that the
petitioner's agent stated: "Liquor stores receive deliveries by box trucks just as
'The Hearing Examiner's findings are italicized.
Page 2 of 6
most other retail uses do. Customer traffic is by passenger vehicle." County staff
concurred.
iv. Number and type of required parking spaces:
The record evidence and testimony from the public hearing reflects that Parking
requirements for shopping centers are set by LDC section 4.05.04, Table 17, and
are deemed to be adequate for the various permitted uses within such shopping
centers. Some uses require less parking, and some require more parking.
Traditionally, parking is shared equally amongst all tenants with no assigned
spaces. Parking is typically evaluated at the time of permitting. The Tamiami
Crossing multiple occupancy retail building received development approval by
means of a Site Development Plan (SDP) No. PL20130002170, as amended. The
SDP reveals that the subject multiple occupancy retail building was developed with
excess parking.
V. Business practices and activities:
The record evidence and testimony from the public hearing reflects that the
business practices and activities shall be similar and comparable to the currently
permitted uses.
B. The effect of the proposed use would have on neighboring properties in relation to
the noise, glare, or odor effects shall be no greater than that of other permitted uses
in the zoning district, overlay, or PUD.
The record evidence and testimony from the public hearing reflects that the petitioner's agent
stated: "The proposed retail liquor store will have no impact on neighboring properties. The
use will be conducted within an existing tenant space within the shopping plaza. " County staff
concurred and noted that, as proposed, the proposed business will have no greater impact than
any other business at this location.
C. The proposed use is consistent with the GMP, meaning the applicable future land use
designation does not specifically prohibit the proposed use; and, where the future
land use designation contains a specific list of allowable uses, the proposed use is not
omitted.
The record evidence and testimony from the public hearing reflects that the petitioner's agent
stated: "The Tamiami Crossing PUD is located within Mixed -Use Activity Center #18. The
liquor store use is consistent with the Collier County Growth Management Plan. The Activity
Centers are the areas within the County where most commercial and light industrial uses are
intended to be located. This activity center has been developed with a variety of commercial
PUDs and conventional C-4 and C-S zoning and includes many national retail users, including
Lowe's Hardware, Fresh Market Grocery, CVS drugstore, and multiple fast food franchises. "
County staff concurred and further noted that the proposed use is not specifically prohibited
and is deemed to be consistent as the use is comparable to others permitted by right within the
commercial component of the PUD.
Page 3 of 6
D. The proposed use shall be compatible and consistent with the other permitted uses in
the zoning district, overlay, or PUD.
The record evidence and testimony from the public hearing reflects that the applicants agent
stated: "The liquor store will be compatible with the surrounding neighborhood. The
immediately adjacent properties have been developed with retail commercial, and service
businesses. The liquor store will be an in -line tenant in an existing multi -tenant shopping plaza.
The liquor store will have comparable hours of operation as other retail tenants within the
shopping plaza. " County staff concurred.
E. The proposed use shall be compatible with the surrounding neighborhood.
The record evidence and testimony from the public hearing reflects that the location of the
proposed use is on a major commercial activity node (Collier Boulevard and East Tamiami
Trial) and will not adversely affect any surrounding neighborhoods.
F. Any additional relevant information may be required by the County Manager or
designee.
The record evidence and testimony from the public hearing reflects that the LDC allows retail
liquor stores (SIC 5921) with less than 1,800 square feet as a permitted use within the
Commercial Convenience (C-2) district; those over the area limitation can be permitted by
applying for and obtaining Conditional Use (CU)authorization. Retail liquor stores with up to
5, 000 square feet of area are allowable as a permitted use within the Commercial Intermediate
(C-3) district; those with more space can be permitted by applying for and obtaining a CU.
Retail liquor stores are allowable as permitted uses, without area restrictions, in both the
General Commercial (C-4) and Heavy Commercial (C-5) zoning districts.
ANALYSIS.
As expressed in the County staff report, the subject CPUD is located within Activity Center #18, as
designated on the Future Land Use Map (FLUM), which allows a full array of commercial uses.
When determining which uses are allowable within a designated area, both the subject CPUD and
the Land Development Code (LDC) incorporate numerical references that are defined within the
"Standard Industrial Classification" (SIC) Manual — 1987, published by the Executive Office of the
President — Office of Management and Budget, for the purpose of providing clarity and specificity.
Except for areas designated Preserve and Open Space, all other developable locations within this
CPUD are allocated for Commercial use up to a maximum of 235,000 square feet of gross
commercial floor area. As Liquor Stores (SIC 5921) are not specifically listed as a permitted use
within the list of permitted uses, the petitioner seeks to allow for their approval by demonstrating
that they are comparable and compatible to satisfy the terms of Permitted Use #37, which reads:
"Any other commercial use or professional service which is comparable in nature with the foregoing
uses, as determined by the Board of Zoning Appeals or Hearing Examiner as applicable." Liquor
Stores, retailers selling packaged beer, wine, and liquor, have been assigned SIC 5921, which is
within Major Group 59 — Miscellaneous Retail.
Page 4 of 6
The petitioner stated: "Group 59 is a miscellaneous retail group that provides for uses such as drug
stores, sporting goods stores, bookstores, jewelry stores, and many other retail stores. The PUD
also permits a wide variety of general merchandise stores, such as department stores and warehouse
clubs. The PUD also allows food stores, convenience stores, and restaurants. The proposed liquor
store use (SIC 5921) would be an in -line retail establishment within the existing 147,000+/- square
feet center, not unlike ABC Liquor or Total Wine stores located in Collier County. The sale of beer,
wine, and spirits does commonly occur in conjunction with grocery stores, convenience stores, and
warehouse clubs, which are permitted uses within the Tamiami Crossing PUD. The PUD also
allows for consumption on premises for alcohol in a bar or restaurant."
The petitioner has also made it known that the prospective liquor store tenant typically offers on -
site wine/liquor tastings for their various products and also conducts seminars/classes for patrons to
learn about wine making, etc. These additional offerings are consistent with other retailers of this
type, provided that tastings are limited to sample portions and not the full-size servings attributable to
a bar or restaurant.
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 10.02.06 K.2. of the Land Development Code to approve this
Petition, and that approval of this petition with conditions will not adversely impact the public.
nFCTCInN_
The Hearing Examiner hereby APPROVES Petition No. PCUD-PL20250014954, filed by Wayne
Arnold, AICP of Pape -Dawson Consulting Engineers, LLC, representing the applicant/owner KRG
951 & 41 LLC, with respect to the property legally described as Section I.A, of the Tamiami
Crossing Commercial Planned Unit Development (CPUD) adopted by Ordinance Number 08-50, as
amended. The subject CPUD comprises 13030, 13050, 13080, and 13100 Tamiami Trail East and
6662 Collier Boulevard, in Section 3, Township 51 South, Range 26 East, Collier County,
Florida. subject to the following conditions of approval:
1. Any on -site service and/or consumption of alcohol at this location shall be limited to product
tasting and/or sampling in compliance with applicable federal, state, and local regulations.
2. This Comparable Use Determination is limited to a Retail Liquor Store with ancillary tasting
and education only; it shall not authorize an eating place (SIC 5812) or drinking establishment (SIC
5813), which may require a specified separation from other such businesses.
Said changes are fully described in the Location Map attached as Exhibit "A" and the Zoning
Letters attached as Exhibit "B" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A - Location Map
Exhibit B - Zoning Verification Letter - PL20260000177
Page 5 of 6
LEGAL DESCRIPTION.
The Tamiami Crossing CPUD comprises approximately 25.02 acres located within the southeast
quadrant of the intersection of Collier Boulevard (S.R. 951) and Tamiami Trail (U.S. 41). The CPUD
comprises 13030, 13050, 13080, and 13100 Tamiami Trail East and 6662 Collier Boulevard, in Section
3, Township 51 South, Range 26 East, Collier County, Florida.
CONDITIONS.
1. Any on -site service and/or consumption of alcohol at this location shall be limited to product
tasting and/or sampling in compliance with applicable federal, state, and local regulations.
2. This Comparable Use Determination is limited to a Retail Liquor Store with ancillary tasting and
education only; it shall not authorize an eating place (SIC 5812) or drinking establishment (SIC
5813), which may require a specified separation from other such businesses.
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.
April 23, 2026
Date
Page 6 of 6
Andrew Dickman, Esq., AICP
Hearing Examiner
EXHIBIT "A"
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Tamiami Crossing CPUD
Location Map
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EXHIBIT "B"
,4!) Collier County
February 11, 2026
Nancy del Pino
2525 Ponce de Leon BLVD
Coral Gables, FL 33134
ZLTR- PL20260000177; Zoning Verification Letter for the property located at 13088 Tamiami
Trial East (Unit 105), in Section 3, Township 51, Range 26 of unincorporated Collier County,
Florida. Property ID/Folio Number(s): 76400000029 comprising of +/- 20.59 acres.
Nancy del Pino,
This letter is in response to a Zoning Verification Letter (ZLTR) Application submitted on or about January
7, 2026. The applicant has requested verification of the questions listed below in bold print, which are
followed by Staff s responses.
Questions:
1. Is the subject site located within the municipal boundaries of unincorporated Collier
County?
According to property appraiser the subject site is located within the unincorporated boundary
of Collier County, attached here.
2. The current zoning classification for the subject property.
The current official zoning atlas, an element of the Collier County Land Development Code
(LDC), Ordinance 04-41, as amended, reveals the subject property is located within the Tamiami
Crossing Commercial Planned Unit Development (CPUD) ORD-08-50, attached here.
3. Is a package liquor store with alcoholic tastings (educational purposes) operating with a
4COP quota alcohol beverage license issued by the Florida Division of Alcoholic Beverages
and Tobacco (DABT) a permitted use by right? If not permitted by right, is a conditional
use approval, special exception, or special administrative approval required, and is a
public hearing required?
The DABT regulates and issues the 4COP quota alcohol beverage license which authorizes
alcohol to be sold "by the drink or in sealed containers for consumption on or off the premises
where sold, " attached here.
According to the US Department of Labor Occupational Safety and Health Administration
(OSHA), a liquor package store would be classified as Standard Industrial Classification (SIC)
code 5921—Liquor Stores which are engaged in the retail sale of package alcoholic beverages
for off -site consumption, attached here.
According to the US Department of Labor Occupational Safety and Health Administration
(OSHA), a drinking establishment would be classified as Standard Industrial Classification
(SIC) code 5813—Drinking Places (alcoholic beverages) which are engaged in the retail sale of
alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the premises The sale
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercounVfl.gov/
Zoning Verification Letter
ZLTR- PL20260000177
Page 2 of 3
of food frequently accounts for a substantial portion of the receipts of these establishments,
attached here.
A liquor store as defined by SIC code 5921 with on -site tastings is not a permitted use by right
according to the CPUD. In reference to Exhibit Item #11 in the CPUD, a bar/drinking
establishment is only permitted when in conjunction with a restaurant/eating establishment as
described under SIP code 5813.
To request an addition of a new use (liquor store -SIC code 5921) to the current list of permitted
uses in the CPUD it would require a PUD Amendment (PUDA) or a comparable use
determination (CUD). The PUDA according to LDC Section 10.02.13(E) is outlined in the
Administrative Code for Land Development Chapter 3-G, which requires a neighborhood
information meeting (NIMs), Planning Commission (CCPC) or Hearing Examiner (HEX)
review and approval, and Board of County Commission (BCC) approval. The (CUD) per LDC
Section 10.02.06(K) as outlined under Chapter 3-L in the Administrative Code for Land
Development requires a public hearing heard by the Hearing Examiner (HEX), unless a there is
a conflict in which the Board of Zoning Appeals (BZA) would make the final determination in
lieu of the HEX.
4. Are there development orders, overlay districts, or other restrictive agreements or
covenants preventing the proposed use?
No, only the CPUD.
What are the required setbacks between the proposed use and churches, schools, parks,
residential districts, and other alcohol use types? If applicable, how is the distance
measured, is there a variance or special exception to address non-compliance, and at what
stage of development would the setbacks be enforceable?
According to LDC Section 5.05.01 on -site consumption of alcohol shall not be located within
500 feet of any "established elementary, middle, or high school, child care center, public
library, church, public park, or public playground. "
For shopping centers on which alcoholic beverages are to be sold, the distance of 500 feet
shall be measured to the outer wall of the establishment to the lot where the school, child care
center, public library, church, public park, or public playground are located.
Section 5.05.0l .A.6. of the LDC states that the HEX may grant a waiver regarding the
locational criteria of LDC Section 5.05.0I.A. 1. pending the site can meet the criteria set forth
in this section. If there is a conflict, the BZA would be required in lieu of the HEX.
Furthermore, any owner or operator of an establishment approved under this section to sell any
alcoholic beverages for consumption on -premises shall, upon written demand of the County
Manager or designee, make, or cause to be made, under oath a statement itemizing what
percentage of his gross receipts are from the sale of alcoholic beverages.
6. What are the permitted hours of operation?
According to Florida Statute F.S.561.290-6) the authorized retail sales of alcoholic
beverages is for at least "...6-8 hours a day for a period of 120-210 days or more during any
12-month period, " attached here. More specifically, alcoholic beverages may not be sold
between 2:00am-7:00am per LDC Section 6.1, attached here.
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.Qov/
Zoning Verification Letter
ZLTR- PL20260000177
Page 3 of 3
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.
This letter represents a determination of Zoning Services Section staff. Should you disagree with this
determination, you may request an Official Interpretation by the Zoning Director of the provisions of the
Land Development Code pursuant to Sections 1.06.01 and 10.03.06 P. of that Code. The fee for an Official
Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the Board of
County Commissioners. To obtain copies of any document referenced herein, please contact the GMD
Records Section at (239)252-5730. The LDC may be viewed online at www.municode.com / Municode
Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Court's
website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR
Validated Ordinances.
Disclaimer: Issuance of a development permit by the County does not 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.
Should you require additional information, please do not hesitate to call my office at (239) 252-2971.
Researched and prepared by:
Dgilelly signed by GrigsbyKatbryn
DN'. E=Katbryn.Grigsby@colllercountyn.gev,
CGrgaby1ibry m=1111r AoGMD
R and m-S-0-1ann9 ntsGrigsbyKathryn 111OU=GMD, DC--,
DC=collierg DC=ne1
Daie: 2026 02.11 09:14:22-0500'
Kathryn Grigsby, Planner
Comprehensive Planning Section
Reviewed by:
bellows r Date: 2026.02.11 09:10 43 r
—-05,00,
Raymond Bellows, Zoning Manager
Zoning Services Section
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.Qov/