HEX Final Decision 2014-19 HEX NO. 2014— 19
HEARING EXAMINER DECISION
PETITION NO. ZVL—PL20140001300 — Bruce Duvall requests approval of a zoning
verification letter issued by the Planning and Zoning Department pursuant to LDC Section
10.02.06, in which County staff determined that the proposed use of Laundry, Cleaning
and Garment Service (SIC 7211-7219) is comparable in nature to other permitted uses in
the Industrial Development Area under Section 3.2(a) of the White Lake Industrial
Corporate Park PUD, Ordinance No. 01-59. The subject property is located on Lot 25 of
the White Lake Corporate Park— Phase II subdivision, in Section 35, Township 49 South,
Range 26 East, Collier County, Florida.
DATE OF HEARING: July 24, 2014
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.
ANALYSIS:
Staff's recommendation referenced "indoor storage" as the use that was subject to this
application. During the hearing this reference was corrected to reflect the applicant's request for
"laundry, cleaning and garment services (SIC 7211-7219)" as the appropriate use that is
comparable, compatible, and consistent in nature to the other uses in the PUD.
DECISION:
The Hearing Examiner hereby approves Petition No. ZVL—PL20140001300, filed by Patrick
Vanasse, AICP of RWA, Inc., representing Bruce Duvall and Heritage Property Holdings, LLC,
requesting approval of a zoning verification letter determining that the proposed use of Laundry,
Cleaning and Garment Service (SIC 7211 — 7219) is comparable in nature to other permitted
uses in the Industrial Development Area under Section 3.2(a) of the White Lake Industrial
Corporate Park PUD, Ordinance No. 01-59, on the property described herein, and affirms staff's
determinations as stated in the Zoning Verification Letter attached as Exhibit"A".
[14-CPS-01348/1105596/1122
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ATTACHMENTS: Exhibit A- Zoning Verification Letter ZVL—PL20140001300
LEGAL DESCRIPTION:
Lot 25, WHITE LAKE CORPORATE PARK, PHASE TWO, according to the plat thereof, as
recorded in Plat Book 40, Pages 12 through 14, of the Public Records of Collier County, Florida.
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, Collier County. 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.
-2Dt G
Date M Strain, Hearing Examiner
Approved as to form and legality:
4 C16
Heidi F.As ton-Cicko
Managing Assistant County Attorney
[14-CPS-01348/1105596/1122
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Co Ter COH�t Exhibit "A"
y Page 1 of f 2
Growth Management Division
Planning & Zoning Department
June 20, 2014
Mr. Patrick Vanasse
RWA, Inc.
6610 Willow Park Drive, Suite 200
Naples, FL 34109
Re: Zoning Verification Letter ZVL-PL20140001300; White Lake Industrial Corporate Park
Planned Unit Development (PUD), Folio Number: 81790002120
Dear Mr. Vanasse:
Thank you for your request for Zoning Verification. The subject property is zoned PUD as noted
above with the adoption of Ordinance Number: 01-59.
You requested verification that Laundry, Cleaning and Garment Services (SIC 7211-7219) are
permitted uses in the subject PUD. The subject site is governed by Section 3.2.A of the PUD,
Principal Uses for the Industrial Development Area.
In your application, you contend that it was the intent of the last PUD amendment to allow all the
Laundry, Cleaning and Garment Service uses (SIC#7211-7219) in the "I" Tract of the PUD. You
have also indicated that it is your belief that limiting Laundry, Cleaning and Garment Services to
Industry Number 7219 was done inadvertently during the creation of the Commercial tract and
the allocation of less intense uses to that tract.
Based upon my review of the Land Development Code (LDC), I have determined that Industry
Numbers 7213, 7214, 7217, 7218 and 7219 are listed as permitted uses in the Industrial Zoning
District. In addition, the Industrial tract of the PUD permits business services (SIC #7312, 7313,
7334-7336, and 7342-7389) which are also listed as permitted uses in the C-4 and C-5 Zoning
Districts of the LDC. Given that Permitted Use #36 as provided in the Industrial tract the
currently approved PUD permits any other use which is comparable in nature to the specific
uses listed as determined by the Planning & Zoning Director, it is my opinion that the proposal
to allow all the Laundry, Cleaning and Garment Services (SIC #7211-7219) in the "I' Tract are
uses that are comparable in nature to the uses in the "I"tract of the PUD.
Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed uses of
Laundry, Cleaning and Garment Services (SIC #7211-7219) are comparable in nature to other
uses in the subject PUD. Your request will be forwarded to the Hearing Examiner for affirmation
of Staff's opinion. You will be apprised of the hearing date and advertising fees as soon as
possible. Please note that Staff's opinion is not binding on the Hearing Examiner.
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
ZVL-PL20140001300 Exhibit "A"
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Please be advised that the information presented in this verification letter is based on the Collier
County Land Development Code (LDC) and Growth Management Plan in effect as of this date.
It is possible that subsequent amendments 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 LDC or related ordinances.
Should you require further information or have any questions, please do not hesitate to contact
me at (239) 252-4211 or Raybellows cr colliergov.net.
Sincerely,
ZziArerbd
Raymond V. Bellows, Zoning Manager
Department of Planning & Zoning
cc: Annis Moxam, Addressing Section
Laurie Beard, Commitment Tracking