HEX Final Decision 2015-04 HEX NO. 2015—04
HEARING EXAMINER DECISION
PETITION NO. ZVL (CUD)—PL20140002784 — Autumn Blossoms, 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 Assisted Living Facility is comparable in nature to other permitted Commercial/Tract
"B" uses under Section 3.02.A of the Miceli PUD, Ordinance No. 92-62, as amended. The
subject property is located on the south side of U.S. 41 East, 200 feet north of Raintree
Lane, in Section 29, Township 50 South, Range 26 East, Collier County, Florida, consisting
of 8.7 acres.
DATE OF HEARING: February 26, 2015.
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 is approved.
ANALYSIS:
No members of the public were in attendance and no letters of objection were received.
DECISION:
The Hearing Examiner hereby approves Petition No. ZVL(CUD)—PL20140002784, filed by Tim
Hancock, AICP of Stantec Consulting Services, Inc., representing Autumn Blossoms, LLC,
requesting approval of a zoning verification letter determining that the proposed use of Assisted
Living Facility is comparable in nature to other permitted Commercial/Tract "B" uses under
Section 3.02.A of the Miceli PUD, Ordinance No. 92-62, as amended, on the property described
therein, and affirms staff's determinations as stated in the Zoning Verification Letter attached as
Exhibit"A".
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL(CUD)—PL20140002784
LEGAL DESCRIPTION: See Ordinance No. 92-62, as amended,the Miceli PUD.
[15-CPS-01408/1150963/1]17 1 oft
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.
3 - 5- ZO P
Date Ma±Strain, Hearing Examiner
Approved as to form and legality:
Scott . Stone
Assistant County Attorney
{15-CPS-01408/1150963/1]17 2 of 2
Exhibit A
Page 1 of 2
,e- +co4 y
Growth Management Division
Planning &Zoning
January 6, 2015
Tim Hancock, AICP
Stantec Consulting Services, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
Re: Zoning Verification Letter ZVL(CUD)-PL20140002784; 11150 Tamiami Trail East, Micelli
PUD, Collier County, Florida, Folio Number 00439000008
Dear Mr. Hancock:
Thank you for your request for a Comparable Use Determination. The subject property is zoned
Planned Unit Development (Micelli PUD).
You requested a determination that an Assisted Living Facility (ALF) is a permitted use in the
Micelli PUD.
The Mice lli PUD does not specifically permit the use of an ALF, however, Section 3.02.B.21 of
the PUD states"any other use which is comparable in nature with the foregoing uses and which
the Development Services Director determines to be compatible in the district.'
You have provided evidence that a majority of the uses in Tract B of the PUD are permitted in
Commercial Convenience (C-2) and Commercial Intermediate (C-3) districts. Group Housing
Facilities, including ALFs are a permitted use in all commercial zoning districts (C-1 through C-
5).
Because an ALF is generally a less intense use than many of the permitted uses in the PUD
and because ALFs are permitted in all commercial zoning districts, it is the determination of the
Planning Manager that the use of Assisted Living Facility is comparable and compatible to the
other permitted uses in Tract B of the Micelli PUD.
Please note that this determination requires affirmation by the Hearing Examiner. You will be
notified of the hearing date.
Please be advised that the information presented in this verification letter is based on the 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 LDC or related
ordinances.
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.cottiergov.net
Exhibit A
Page 2 of 2
Should you require further information or have any questions, please do not hesitate to contact
me at(239)252-4211 or fredreischl @colliergov.net.
Researched and prepared by: Reviewed by:
Freischl, AICP, Principal Planner Raym V. Bellows, Zoning Manager
Planning &Zoning Planning &Zoning
cc: Anis Moxam,Addressing
Laurie Beard,PUD Monitoring