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HEX Final Decision 2017-16 HEX NO. 2017— 16 HEARING EXAMINER DECISION PETITION NO. ZLTR(CUD)-PL20170000993 — Frangie, 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 private investigator (SIC 7381) is comparable in nature to other permitted principal uses in Tract "F" under Section 5.3 A. of the Founders Plaza PUD, Ordinance No. 02-68, as amended. The subject property is located on the south side of Golden Gate Parkway, approximately one third mile east of Santa Barbara Boulevard, in Section 28, Township 49 South, Range 26 East, Collier County, Florida, consisting of 13.33± acres. DATE OF HEARING: July 27, 2017 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 members of the public, other than those associated with the Applicant, attended the hearing. DECISION: The Hearing Examiner hereby approves Petition No. ZLTR(CUD)-PL20170000993, filed by Ghassoub Frangie on behalf of Frangie, LLC, requesting approval of a zoning verification letter determining that the proposed use of private investigator (SIC 7381) is comparable in nature to other permitted principal uses in Tract "F" under Section 5.3 A. of the Founders Plaza PUD, Ordinance No. 02-68, 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)-PL20170000993 [17-CPS-01670/1352419/1]34 1 of2 LEGAL DESCRIPTION: Unit 6, Park East Professional Centre, a condominium according to the Declaration of Condominium thereof as recorded in Official Records Book 2974, Page 231, and subsequent amendments thereto, of the public records of Collier County, Florida. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. The character of the facility shall be similar in nature to office based businesses, and activities at this location shall consist solely of office work. 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. 11/1\44-1 Ar- Date Matk Strain, earing Examiner Approv d as to fo and legality: Scott A. Stone Assistant County Attorney [17-CPS-01670/1352419/l]34 2 of 2 Exhibit A - Page 1 of 2 Co Cier County Growth Management Department — Planning & Regui? - Zoning Services Division April 20, 2017 Ghassoub Frangie Aquilam Investigations, LLC 5270 Golden Gate Parkway Naples, FL 341116 Re: Zoning Verification Letter ZLTR(CUD)-PL20170000993; Zoning Verification Letter—Comparable Use Determination for the Founder's Plaza Planned Unit Development, 5270 Golden Gate Parkway, located within in Section 28 Township 49 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio: 66030002122. Dear Mr. Frangie: This letter is in response to a Comparable Use Determination (CUD) application which was submitted by the applicant requesting a determination from the Zoning Manager and affirmation from the Office of the Hearing Examiner that the use of a private investigation company, Standard Industrial Classification (SIC) 7381, is comparable and compatible with the permitted uses in Section V of the Founders Plaza Planned Unit Development (MPUD),Ordinance 02-68, 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 Founders Plaza PUD, Ordinance 02-68, as amended.This address is located within Tract"F"as outlined in the PUD's Master Plan; allowable uses are listed in Section 5.3.A. Section 5.3.A.#21 states that, "any other commercial use or professional service, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA)." The comparability review parameters of this application are threefold: 1. similar zoning, 2. business character and 3. external impacts. Regarding similar zoning, the Standard Industrial Classification 7381, under which private investigators falls, is a permitted use in the General Commercial District (C-4), Heavy Commercial District (C-5), and the Industrial District (I) of the LDC. This PUD's permitted uses in Section V, for Tract "F", encompass Commercial Professional and General Office District (C-1), Commercial Convenience District (C-2), Commercial Intermediate District(C-3), General Commercial District(C-4), Heavy Commercial District(C-5),and Industrial District (I). Thus, private investigator is a land use permitted within the zoning range outlined in Section 5.3.A of this PUD.Additionally,the applicant asserts that private investigator is similar in nature to insurance inspection and investigation, SIC 6411, which is a permitted use in Section V of this PUD; insurance inspection and investigation are permitted per Section 5.3.A.#8. It is therefore deemed by staff that SIC 7381, private investigator, is similar in regard to zoning classification. Per the applicant,the business character of the facility will be similar in nature to office based businesses; stating, "private investigation business will consist of strictly office work." Per Section 5.2 of this PUD, Tract "F" is intended"to provide professional offices and commercial land uses consistent with the Golden Gate Area Master Plan."This address is located within the Golden Gate Parkway Professional Office Commercial Subdistrict within Exhibit A - Page 2 of 2 the Golden Gate Area Master Plan (Master Plan) of the Growth Management Plan. This Master Plan states that uses contained within this Subdistrict are, "general low intensity, office development associated with retail uses, and community facility uses, such as churches,which will minimize vehicular traffic." Section 5.3 permits uses from SIC Major group 73-Business Services. While private investigator, SIC 7381, is not a permitted use in this Section, it does allow other Major group 73 uses which are professional offices. It is therefore deemed by staff that SIC 7381, private investigator, is similar in business character to the permitted uses within Section V of this PUD. The applicant states that 95% of the time no one will come to the office and that, "we would(he and his partner) not have an office if the state didn't mandate it." The applicant states that clientele will consist of individuals to entities such as law firms, and the majority of services rendered to clients will occur outside of the office, stating "the bottom line is that our office would probably be empty of people 90% of the time." The LDC's private investigator parking calculations are the office parking calculations, 1 space per 300 square feet, and thus are required the same parking as professional offices as outlined as the intent of this PUD per Section 5.2,"to provide professional offices and commercial land uses consistent with the Golden Gate Area Master Plan."The applicant states that the office is approximately 175 square feet and thus would be allowed one parking space. With the applicant's provisions of office functioning, it is deemed by staff that the external impacts are the same to professional offices. The Zoning Manager has reviewed the application and submittal documents and finds the argument made to be compelling. It has been concluded that the use of private investigator, SIC 7381, is comparable and compatible with the permitted uses in Section V of the Founders Plaza PUD,Ordinance 02-68,as amended.More specifically, the use outlined in the Founders Plaza PUD Section V, 5.3.A. Permitted principal uses and structures. Therefore, in accordance with the PUD under Section V, 5.3.A #21, private investigator, SIC 7381, is deemed comparable in nature with the foregoing list of permitted uses in Section v. 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: ry 71/ Q%/1""A Rachel Beasley,Planner Raymo ellows, Zoning Manager Zoning Services Section Zoning Services Section C: Annis Moxam, Addressing Section Laurie Beard,PUD Monitoring