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HEX Final Decision 2015-13 HEX NO. 2015— 13 HEARING EXAMINER DECISION PETITION NO. ZVL (CUD)—PL20150000116 — Creekside East, Inc. 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 a retail doughnut shop (SIC 5461) without a drive-thru window is comparable in nature to other permitted principal uses in the Business District under Section 4.3.A of the Creekside Commerce Park Commercial Planned Unit Development (CPUD), Ordinance No. 2006-50, as amended. The subject property is located on the southeast corner of Immokalee Road (C.R. 846) and Goodlette-Frank Road (C.R. 851) in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 7.81 acres. DATE OF HEARING: March 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. DECISION: The Hearing Examiner hereby approves Petition No. ZVL—PL20150000116, filed by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., on behalf of Creekside East, Inc., requesting approval of a zoning verification letter determining that the proposed use of a retail doughnut shop (SIC 5461) is comparable in nature to other permitted principal uses in the Business District under Section 4.3.A of the Creekside Commerce Park Commercial Planned Unit Development (CPUD), Ordinance No. 2006-50, as amended, on the property described herein, and affirms staffs determinations as stated in the Zoning Verification Letter attached as Exhibit "A". ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL—PL20150000116 [15-CPS-01421/1163998/1116 1 of 2 LEGAL DESCRIPTION: Tract 5, Creekside Commerce Park East, according to the map or plat thereof, as recorded in Plat Book 54, Pages 84 through 86, 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. _ ( 9 , CI 0 i5V� ( 4� Date Mar i Strain, Hearing Examiner Approved] to form of s legality: V Scott A. ',ton- • Assistant County Attorney [15-CPS-01421/1163998/1116 2 of Exhibit A Page 1 of 2 Co -ter cou.,Kty Growth Management Division Planning & Zoning February 20, 2015 Wayne Arnold, AICP Q. Grady Minor &Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Zoning Verification Letter ZVL(CUD)-PL20150000116; Creekside Commerce Center PUD, Collier County, Florida, Folio Number 29331180609 Dear Mr. Arnold: Thank you for your request for a Comparable Use Determination. The subject property is zoned Planned Unit Development (Creekside Commerce Center PUD). You requested a determination that a retail doughnut shop with a pick-up window is a permitted use in the Business District of the Creekside Commerce Center PUD. The PUD does not specifically permit the use of a retail doughnut shop with a pick-up window, however, Section 4.3.A.15 of the PUD states "any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in the district." Your application states that doughnut shops (SIC Code 5461) fall under the same Major Group (Food Stores) as Convenience stores (5411) which are permitted in the Business District of the PUD. In addition, coffee shops (5812) — often a very similar business to doughnut shops — are classified under the same SIC Code as eating places, a permitted use. Therefore, it is the opinion of the Planning Manager that doughnut shops are a permitted use in the Business District of the Creekside Commerce Park PUD. You also requested a determination that a pick-up window be permitted in conjunction with a doughnut shop. Section 4.3.A.8 of the PUD permits eating places "not including fast food and drive-thru restaurants" (emphasis added). Section 4.3.A.15 states that other potential permitted uses shall be clearly consistent with the intent and purpose; therefore, since a doughnut shop can be classified as an eating place (restaurant), drive-thru restaurants are prohibited. It is the determination of the Planning Manager that the use of doughnut shop is comparable and compatible to the other permitted uses in the Business District of the Creekside Commerce Park PUD; however, the PUD prohibits a doughnut shop with a pick-up window. Please note that this determination requires affirmation and/or appeal by the Hearing Examiner. You will be notified of the hearing date. Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov net Exhibit A Page 2 of 2 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. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 orfredreischl @colliergov.net. Researched and prepared by: Reviewed by: { Fred Reischl, AICP, Principal Planner Raym d V. Bellows, Zoning Manager Planning & Zoning Planni g & Zoning cc: Anis Moxam,Addressing Laurie Beard, PUD Monitoring