HEX Final Decision 2016-17 OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO: Minutes & Records, Clerk of Courts
FROM: Wanda Rodriguez,ACP
DATE: June 1,2016
RE: Hearing Examiner Decision(s) from May 26, 2016.
Attached are the signed HEX decisions from the Hearing Examiner hearing on May 26,
2016.
Attachments: HEX No. 2016— 17
HEX No. 2016— 18
HEX No. 2016— 19
HEX No. 2016—20
[05-COA-01253/813 782/11744
HEX NO. 2016— 17
HEARING EXAMINER DECISION
PETITION NO. ZVL(CUD)-PL20160000588 — 2600 Immokalee, LLC requests affirmation
of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC
Section 10.02.06, in which County staff determined that the proposed use of Dialysis Center
(SIC 8092) is comparable in nature to other permitted principal uses in the Commercial
Area under Section 4.3(A) of the Immokalee Road Center PUD, Ordinance No. 93-26, as
amended. The subject property are located on the south side of Immokalee Road,
approximately 660 feet east of Airport-Pulling Road, in Section 25, Township 48 South,
Range 25 East, Collier County, Florida, consisting of 9.61± acres.
DATE OF HEARING: May 26, 2016
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:
Other than representatives of the applicant, there were no members of the public in attendance
for this item and no objections were received by staff.
DECISION:
The Hearing Examiner hereby approves Petition No. ZVL—PL20160000588, filed by John N.
Brugger, Esq., representing 2600 Immokalee, LLC, requesting approval of a zoning verification
letter determining that the proposed use of Dialysis Center (SIC 8092) is comparable in nature to
other permitted principal uses in the Commercial Area under Section 4.3(A) of the Immokalee
Road Center PUD, Ordinance No. 93-26, as amended, on the property described herein, and
affirms staffs 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—PL20160000588
[16-CPS-01539/1258617/1]31 1 of2
LEGAL DESCRIPTION:
See the Immokalee Road Center PUD, Ordinance No. 93-26, as amended.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
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.
a - ?. / t.Date Mark Strain, Hear ng Examiner
Appr ved as...t form and legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01539/1258617/1]31 2 oft
e-r Cao nt
Growth Management Department- Planning & Regulation
Zoning Services Division
April 6,2016
Forsyth&Brugger, P.A.
c/o: John N. Brugger,Esq
600 5th Avenue South, Suite 207
Naples, Florida 34102
Re: Zoning Verification Letter ZLTR (CUD)-PL20160000588; Zoning Verification Letter – Comparable Use
Determination for the Uptown Center, 2700 Immokalee Road, Units 20-22, located within in Section 25, Township 48
South, Range 25 East,of unincorporated Collier County,Florida. Property ID/Folio: 78569500028.
Dear Mr.Brugger:
This letter is in response to a Comparable Use Determination (CUD) Application dated March 9, 2016, which was
submitted by you on the behalf of your client, 2600 Immokalee Road, LLC. You have specifically requested a
determination from the Zoning Manager and affirmation from the Office of the Hearing Examiner that the use of a
Dialysis Center, SIC 8092, is comparable and compatible with the listed uses in the Immokalee Road Center Planned Unit
Development(PUD),Ordinance 93-26, as amended.
The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development
Code(LDC),Ordinance 04-41,as amended. The current Official Zoning Atlas,an element of the LDC,reveals the subject
property has a zoning designation of Immokalee Road Center PUD,Ordinance 93-26,as amended. Allowable uses within
this PUD are listed in Section IV, 4.3 Permitted Uses. Permitted uses include #13 Health Services, offices and clinics—
Standard Industrial Classification (SIC) 8011-8049 & 8082; additionally, Section IV, 4.3 Permitted Uses#32 states: "any
other commercial use or professional service which is comparable in nature with the foregoing uses and which the Current
Planning Manager determines to be compatible in use". Furthermore, Section I, State of Compliance, #2,third paragraph,
of the PUD states: "the Immokalee Road Center Planned Unit Development (PUD) is proposed for a commercial center
containing uses similar to or permitted by the C-4 (General Commercial) District of the Collier County Land
Development Code."
Proceeding from the.direction of ZLTR-PL20160000417 where you requested the following: "Permit Dialysis Clinic use
8092 at this address, change in uses for comparable services in nature to 8011-8049 and 8092"for 2700 Immokalee Road,
it was your contention that a dialysis center should be an allowable permitted use at the subject location stating that the
dialysis centers, given the state of present technology, are operated in a fashion similar to those of health services,offices,
and clinics (SIC 8011-8049) which are listed permitted uses in this PUD. You proceeded to explain that dialysis
treatments historically were performed in a more hospital like setting; however,today, are being conducted on a recurring
outpatient basis with treatments typically performed 3 days a week for an average of 3.5 hours per treatment. You
provided information indicating that there are approximately 6,200 dialysis clinics within the United States with only 300
of those being within a hospital setting; you contended the remaining 5,900 clinics are being operated in doctor's office
type settings. Staff has no reason to doubt the statistics provided and conveys that, as per the LDC, dialysis centers are
listed as permitted uses within the C-4 and C-5 zoning districts as are hospitals (SIC 8062-8069). Staff concedes that
advancements to medical technology since this PUD was adopted may be cause for reevaluation.
•
Additionally in your current Zoning Verification Letter application,ZLTR(CUD)-PL20160000588,you state that Section
I, #2, third paragraph, as a basis for your argument. The permitted use SIC 8092 is located within the C-4 zoning
classification contained within the LDC Section 2.03.03 D.1.a, listed as use#66 is: Health services, miscellaneous (8092-
8099). Exhibit A
Page 1 of 2
The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be
compelling;the above described dialysis center operates in a manner consistent with the purpose and intent of permissible
uses within this PUD of SIC 8011-8049 & 8082 and thus is deemed a professional service which is comparable in nature
with the forgoing uses within the Immokalee Road Center PUD. Furthermore this PUD, per Section I, State of
Compliance,#2, third paragraph, allows for a commercial center containing uses that are similar to or permitted by C-4 of
the LDC. Be it noted that this determination pertains only to use and does not negate the necessity of the prospective
business to obtain a Zoning Certificate—NonResidential prior to occupying space within Collier County for the conduct
of business. This determination must be affirmed by the Hearing Examiner to become valid; you will be notified of the
hearing date.
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)252-8202 or
e-mail: rachelbeasley@colliergov.net.
Researched and prepared by: Reviewed by:
Rachel Beasley, Pla er Raym Be lows,Zoning Manager
Zoning Services Section Zonin ervices Section
C: Annis Moxam,Addressing Section
Ian Barnwell, PUD Monitoring
Exhibit A
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