HEX Final Decision 2017-14 HEX NO. 2017— 14
HEARING EXAMINER DECISION
PETITION NO. ZLTR(CUD)-PL20170001085 — Rook at Naples I, 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
uses of beauty shop (SIC 7231) and barber shop (SIC 7241) are comparable in nature to
those commercial uses permitted in Section 4.4 A of the Artesa Pointe PUD, Ordinance No.
03-46, as amended. The subject property is located on the east side of Collier Boulevard,
approximately one half mile south of Tamiami Trail East, in Section 3, Township 51 South,
Range 26 East, Collier County, Florida, consisting of 82± acres.
DATE OF HEARING: July 13, 3017
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
public, 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.
ANALYSIS:
No objections have been received for this application and no member of the public, other than
those associated with the Applicant, attended the hearing.
DECISION:
The Hearing Examiner hereby approves Petition No. ZLTR(CUD)-PL20170001085, filed by
Kristina Johnson of J.R. Evans Engineering, representing Rook at Naples I, LLC, requesting
approval of a zoning verification letter determining that the proposed uses of beauty shop (SIC
7231) and barber shop (SIC 7241) are comparable in nature to those other commercial uses
permitted in Section 4.4 A of the Artesa Pointe PUD, Ordinance No. 03-46, as amended, on the
property 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 ZLTR (CUD)-PL20170001085
[17-CPS-01673/1350333/1P4 1 of 2
LEGAL DESCRIPTION: See Ordinance No. 03-46, as amended, the Artesa Pointe PUD.
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.
/Lori
^l
Date Mar, Strain, Hearing Examiner
Appro as to f rm and legality:
Scott A. Stone
Assistant County Attorney
[17-CPS-01673/1350333/1]34 2 of 2
iy Exhibit "A" - Page 1 of 2
Growth Management Department— Planning & Regulation
Zoning Services Division
May 2, 2017
Kristina Johnson
J.R. Evans Engineering
9351 Corkscrew Road Suite 102
Estero, FL 33928
Re: Zoning Verification Letter ZLTR(CUD)-PL20170001085; Zoning Verification Letter—Comparable Use
Determination for the Artesa Pointe PUD, 6654 Collier Blvd,Naples, FL located within in Section 3, Township
51 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio: 81076000082.
Dear Ms. Johnson:
This letter is in response to a Comparable Use Determination (CUD) application which was submitted by the
applicant on the behalf of Rook at Naples I, LLC. The applicant requests a determination from the Zoning
Manager and affirmation from the Office of the Hearing Examiner that the use of a beauty shop, Standard
Industrial Code(SIC)7231, and a barber shop, SIC 7241,are comparable and compatible with the permitted uses
in Section 4.4.A. Principal Uses (non-regional) of the Artesa Pointe Planned Unit Development, Ordinance 03-
46, 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 the Artesa Pointe Planned Unit Development,
Ordinance 03-46, as amended. The PUD is located within the Henderson Creek Mixed Use Subdistrict on the
Collier County Future Land Use (FLUE) map. While the PUD itself does not explicitly identify the BZA or the
Planning Director as having authority to determine a use comparable and compatible to permitted uses in the
PUD, it was determined that language outlined in the Henderson Creek Mixed Use Subdistrict stating, "the
maximum intensity of commercial uses are those allowed in the C-4, General Commercial, Zoning District"
permitted the use of the Comparable Use Application in this instance. More specifically, Section 2.03.03.D.141
of the LDC states, "any other commercial or professional use which is comparable in nature with the foregoing
uses..."
This PUD designates commercial uses into regional and non-regional; the requested use for comparable and
compatible determination falls within the non-regional designation. The comparability review parameters of this
application are threefold: 1. similar zoning, 2. external impacts and 3. business character.
Beauty shop, SIC 7231, and barber shop, SIC 7241, are permitted uses in the Commercial Professional and
General Office District(C-1), the Commercial Convenience District(C-2),the Commercial Intermediate District
(C-3), the General Commercial District (C-4), and the Heavy Commercial District (C-5) of the LDC. Uses in
Section 4.4.A. of the Artesa Pointe PUD permit commercial (non-regional)uses permitted within the range of C-
1 through C-5 of the LDC. The applicant states that the, "request is not for a Beauty School or Barber School."
Beauty and barber shop fall into a similar permitted LDC zoning range of the permitted uses outlined in Section
4.4.A of this PUD.
The external impact of the proposed beauty and barber shops will be less intensive than some of the other
permitted uses in the non-regional section of this PUD. First is traffic intensity, the Applicant submitted a trip
Exhibit "A" - Page 2 of 2
generation comparison comparing permitted uses in Section 4.4.A of this PUD to beauty and barber shops. More
specifically, the applicant compared drive-in banks, high-turnover restaurants, fast food restaurants with drive
thru windows and coffee donut shops with drive-thru windows to that of a hair salon trip calculation. The study
shows that hair salon produces AM and PM Peak hour trips which are much lower than any of the above-
mentioned uses. Secondly,the applicant states that the requested use is not characterized as a generator of either
significant noise or odor as compared to other permitted uses such as eating places.
The business character of the facility will be similar in nature to permitted uses in Section 4.4.A of this PUD. Per
the applicant,both requested uses are,"similar in nature to many of the other permitted Non-Regional Commercial
Uses in the Artesa Pointe PUD such as `Apparel and Accessory Stores', `Business Services' and 'Drug Stores',
which offer personal services and products to the general public during conventional business hours of operation
of 9am-6pm." Furthermore, surrounding land uses are comparable and compatible to the requested uses. The
Tamiami Crossing Commercial Planned Unit Development (CPUD), directly to the north, permits personal
services such as beauty shop, SIC 7231, and barber shop, SIC 7241. Additionally,there are properties zoned C-3
and C-4 to the north and south of the requested property; beauty and barber shop are both permitted uses in C-3
and C-4.
The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be
compelling. It has been concluded that a beauty shop, SIC 7231, and a barber shop, SIC 7241, are comparable
and compatible to the permitted uses in Section 4.4.A. of this PUD; it has been found comparable and compatible
in regard to similar zoning,external impacts,and business character.Therefore, in accordance with the Henderson
Creek Mixed Use Subdistrict, "the maximum intensity of commercial uses are those allowed in the C-4, General
Commercial, Zoning District"and thus Section 2.03.03.D.141 of the LDC,the use of beauty shop, SIC 7231, and
barber shop, SIC 7241, are deemed comparable and compatible to the permitted uses in Section 4.4.A. of this
PUD.
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, Plan r Raym Bellows, Zoning Manager
Zoning Services Section Zoning Services Section
C: Annis Moxam,Addressing Section
Laurie Beard, PUD Monitoring