HEX Final Decision 2014-30 HEX NO. 2014 -30
HEARING EXAMINER DECISION
PETITION NO. PUD-CUD—PL20140001769 — Mathworks Tutoring LLC requests
affirmation 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 Tutoring (Sic Code 8299) is comparable in nature to other permitted uses for
commercial development in the Activity Center District under Section 6.3 of the Pelican
Strand Planned Unit Development, Ordinance No. 02-57. The subject property is located at
the northeast corner of Immokalee Road and Strand Boulevard in Section 19, Township 48
South, Range 26 East, Collier County, Florida.
DATE OF HEARING: October 23, 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.
DECISION:
The Hearing Examiner hereby approves Petition No. PUD-CUD—PL20140001769, filed by H.
Michael Mogil, CEO and Manager of Mathworks Tutoring, LLC, requesting affirmation of a
zoning verification letter determining that the proposed use of Tutoring (Sic Code 8299) is
comparable in nature to other permitted uses for commercial development in the Activity Center
District under Section 6.3 of the Pelican Strand PUD, Ordinance No. 02-57, on the property
described herein, and affirms staff's determinations as stated in the Comparable Use
Determination Letter attached as Exhibit"A".
ATTACHMENTS: Exhibit A — Comparable Use Determination Letter — PUD-CUD-
PL20140001769
LEGAL DESCRIPTION:
Lot G 5, Strand Commercial Replat, according to the map or plat thereof, as recorded in Plat
Book 35, Pages 66 through 68, of the public records of Collier County, Florida.
[14-CPS-01371/1126612/1]34 1 of 2
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.
5- W (jcjt
Date Mar Strain, Hearing Examiner
Appra d as to f and legality:
Scott . Stone
Assistant County Attorney
[14-CPS-01371/1126612/1]34 2 oft
EXHIBIT "A"
Page 1 of 2
Co ier CaHHty
Growth Management Division
Planning & Zoning Department
August 27, 2014
Mr. H. Michael Mogil
5644 Tavilla Circle # 201
Naples, FL 34110
Re: PUD Comparable Use Determination PUD-CUD-PL20140001769; 5644 Tavilla Circle,
Pelican Strand PUD, Tutoring, Collier County, Florida, Folio Number 74979000141
Dear Mr. Mogil:
Thank you for your request for a PUD Comparable Use Determination. The subject property is
zoned for commercial development in the Activity Center District of the Pelican Strand Planned
Unit Development (Pelican Strand PUD), Ordinance No. 02-57.
You requested a determination that tutoring (SIC 8299) is a permitted commercial use in the
subject PUD.
The subject site is governed by Section 6.3 of the PUD, Uses Permitted. The uses include
Educational Plants (i.e. schools), Administration of Educational Programs (SIC 9411) and
Educational Consulting (SIC 8748), which are permitted uses in the C-2 district.
Staff believes that the proposed use of Tutoring (SIC 8299) is a similar to the permitted land
uses of Educational Plants and Administration of Educational Programs. In addition, the traffic
impact is similar to Educational Plants (i.e. schools), Administration of Educational Programs
(SIC 9411) and Tax Preparer Services (SIC 7291). Therefore, Staff believes that Tutoring is
comparable in nature to the other uses in the Activity Center District of the PUD and a
compatible use in the district.
Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of
Tutoring is comparable in nature to other commercial uses in the Activity Center District in the
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 Staffs opinion is not binding on the Hearing Examiner.
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
(40
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
EXHIBIT "A"
Page 2 of 2
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) 252-2484 or nancygundlach @colliergov.net.
Researched and prepared by: Reviewed by:
NAVAk _k aNancy Guti ch. ICP. Principal Planner Raymond V. Bellows, Zoning Manager
Planning ! ping Planning & Zoning
cc Annis Moxam,Addressing Section
Laurie Beard.Commitment Tracking