HEX Final Decision 2015-44 HEX NO. 2015—44
HEARING EXAMINER DECISION
PETITION NO. ZVL (CUD)—PL20150002365 — Naples Beach Brewery, 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
principal use of microbrewery is comparable and compatible to a brewery which is a listed
permitted principal use in the Industrial (I) zoning district under Section 2.03.04 A.1.a of
the Land Development Code, and that the proposed accessory use of an enhanced indoor
tasting room serving and selling produced alcoholic beverages by the glass is comparable
and compatible in nature with the permitted accessory uses under Section 2.03.04 A.1.b of
the Land Development Code for a property in the Industrial (I) zoning district located on
the east side of Industrial Blvd., between Enterprise Ave. and Exchange Ave., in Section 36,
Township 49 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: December 10, 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 Sub-section 2.03.04 A.l.c.26 of the Land
Development Code.
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. ZVL—PL20150002365, filed by Robert J.
Muhere, FAICP, of Hole Montes, Inc., representing Naples Beach Brewery, LLC, requesting
approval of a zoning verification letter determining that the proposed accessory use of an
enhanced indoor tasting room serving and selling produced alcoholic beverages by the glass is
comparable in nature to other permitted uses in the Industrial (I) Zoning District, on property
located at 4120 Enterprise Avenue, Naples, Florida, and further described herein, and affirms
staff's determinations as stated in the Zoning Verification Letter attached as Exhibit "A", subject
to the condition(s) set forth below.
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL—PL20150002365
[15-CPS-01493/1227225/1P4 1 of 2
LEGAL DESCRIPTION: The West one half of the Northwest quarter of the Northwest
quarter of the Southeast quarter of Section 36, Township 49 South, Range 25 East, Collier
County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The combined retail/tasting room area will not exceed 20 percent of the gross floor area of the
principle use;
3. Food service will only be available during times when on-premise consumption is allowed;
4. The retail/tasting room hours shall be limited to: Thursday and Friday 5:00 p.m. to 10:00 p.m.,
Saturday noon to 10:00 p.m. and Sunday noon to 8:00 p.m.; and
5. Only malt beverages brewed on site will be available for indoor on-premise consumption.
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. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. 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.
1 – —
! �y i� G�,L L
Date Mar Strain, Hearing Examiner
ApproNe to fo and legality:
Scott A.Stone
Assistant County Attorney
[15-CPS-01493/1227225/1p 4 2 of 2
Exhibit "A"
e r Coirnty Page 1 of 2
Growth Management Department
Zoning Services Section
November 2,2015
Hole Montes. Inc.
c/o: Robert J. Mulhere, FAICP
950 Encore Way
Naples, Florida 34110
Re: Zoning Verification Letter ZVL (CUD)-PL20150002365; Zoning Verification Letter —
Comparable Use Determination for Naples Beach Brewery,LLC.,at 4120 Enterprise Avenue, Suites 115,
116, and 117;AKA: Industrial Estates of Naples(Building#2),Units 56, 57, and 58; of Parcel 066.000 in
Section 36, Township 49 South, Range 25 East, of unincorporated Collier County, Florida. Property
ID/Folio Number: 00273960003.
Dear Mr. Mulhere:
This letter is in response to a Comparable Use Determination(CUD)Application dated October 13,2015,
that was submitted by you on the behalf of your client, Naples Beach Brewery, LLC. Said application
was accompanied by a cover letter, a notarized Affidavit of Authorization, and an Explanatory Narrative
and Justification (analysis and summary). You have specifically requested a determination from the
Zoning Manager and affirmation from the Office of the Hearing Examiner that the use of"microbrewery"
is comparable and compatible with the listed permitted uses in the Industrial(I)zoning district.
As per the Future Land Use Map (FLUM), an element of the Collier County Growth Management Plan
(GMP), the subject property is designated Urban Industrial District. Besides basic industrial uses, limited
commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial
or Business Park uses. The applicable ordinance regulating the zoning and use of the subject properties is
the Collier County Land Development Code (LDC), Ordinance 04-41 as amended; the LDC implements
the goals,policies and objectives of the County's Growth Management Plan. The current Official Zoning
Atlas, an element of the LDC, reveals the subject property has a zoning designation of Industrial (I).
Allowable uses within the I zoning district are listed within LDC Section 2.03.04 A.1. For the purposes
of clarification and specificity, the LDC incorporates numerical references that are defined within the
"Standard Industrial Classification (SIC) Manual — 1987," as published by the Executive Office of the
President — Office of Management and Budget; portions of this manual are accessible online via
http://www.osha.gov/p1s/imis/sic manual.html. Applicable to this request is use#18 —Food and kindred
products (2011-2099, except slaughtering plants). Given that the manufacturing of malt beverages falls
under SIC 2082 and that sub-classifications include breweries and manufacturers of Ales, Porters, and
Stouts, Zoning Staff finds that a "microbrewery" is in fact a permitted principal use. Staff previously
rendered an opinion by means of a ZLTR, PL-20140001081, issued on June 4, 2014, that the referenced
business could obtain a Package Sales (APS) license from the Florida Department of Business and
Professional Regulation (DBPR) for the retail sale of manufactured product given that LDC Section
2.03.04 Alb, Accessory uses, #3 states: Retail sales and/or display areas as accessory to the principal
use, excluding automotive sales and/or display areas not to exceed an area greater than 20 percent of the
gross floor area of the permitted principal use, and subject to retail standards for landscaping,parking
eevAl
t, lit ."
Zoning Division•2800 North Horseshoe Drive•Naples, FL 34104.239-252-2400•www.colliergov.net
Exhibit "A"
Zoning Verification Letter
ZVL(CUD)-PL20150002365 Page 2 of 2
Page 2 of 2
and open space. As such, the question is whether or not a proposed "tasting room" with limited food
service is an allowable accessory use within the I district; to that end, the brewery seeks to obtain a
Consumption on Premises(1 COP) license from DBPR to sell beer by the glass (10 and 16 ounce sizes) as
well as offering sampler trays (five 4 ounce beers of the customers choosing).
In your Explanatory Narrative and Justification statement you compare the proposed use of a "tasting
room"to that of a winery where wines are bottled and wholesaled that would provide for tasting and retail
sales. You go on to explain that restaurants(SIC 5812)are allowable permitted principal uses within the I
zoning district and that drinking establishments (SIC 5813) are prohibited. You proceed to explain that
despite intending to provide a catered food service that actual food sales will not rise to the level required
to satisfy the LDC's definition of a restaurant. You stipulate that the "tasting room" is to occupy a space
equal to that afforded for retail sales and/or display area and state that only beer brewed on the premises
will be available for on-site consumption. Lastly, you indicate that the hours of operation will be limited
to: Thursday and Friday 5-10pm, Saturday noon-10pm, Sunday noon-8pm.
Zoning Services staff is of the opinion that a tasting room is an allowable permitted accessory use to a
brewery,pursuant to LDC Sections 2.03.04 A.1.b. Staff fords that the applicant is essentially proposing to
operate an enhanced tasting room by offering beer sales, by the glass for on-site consumption together
with limited food service. Staff concludes that given the stipulations and safeguards listed above, the
enhanced tasting room is supportive of the brewery and will not be operated as an independent drinking
establishment, thereby preserving the accessory nature of the use. This determination must be affirmed by
the Hearing Examiner to become valid;you will be notified of the hearing date.
Staff notes that the subject review was focused solely upon use, site improvements may be required prior
to issuance of a Zoning Certificate to allow said use per LDC Section 10.02.06B.1.f. The most current
approved Site Plan is SDP-99-088 which reveals only Office and warehouse uses. Additionally, LDC
Section 5.05.01, Businesses Serving Alcoholic Beverages, sets forth locational restrictions for such
businesses not specifically exempted.
Disclaimer: 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. All other applicable state or federal permits must be obtained before commencement of
the development.
Please be advised that 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.
Should you require additional information or have any questions, please do not hesitate to contact me at
(239)252-5719 or e-mail: johnkelly @colliergov.net.
Researched and prepared by: Reviewed by:
Jo n A. Kelly, PI er aym Bellows,Zoning Manager
Zoning Services Section Zonin Services Section