Resolution 2018-229 RESOLUTION NO.18- 2 2 9
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, AFFIRMING A ZONING VERIFICATION LETTER
ISSUED BY THE PLANNING AND ZONING DEPARTMENT PURSUANT
TO LDC SECTION 10.02.06 J.1.b, IN WHICH COUNTY STAFF
DETERMINED THAT THE PROPOSED USES OF A VETERINARY
CLINIC (SIC CODE 0742), EXCLUDING OUTDOOR KENNELING, AND
DOG GROOMING (SIC 0752) ARE COMPARABLE AND COMPATIBLE IN
NATURE TO OTHER PERMITTED USES FOR COMMERCIAL
DEVELOPMENT IN THE MIXED-USE AREAS OF THE VANDERBILT
COMMONS PLANNED UNIT DEVELOPMENT, ORDINANCE NO. 2005-19,
AS AMENDED. THE SUBJECT PROPERTY IS LOCATED ON THE
NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY
% MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20180002265]
WHEREAS,the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on
all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations
as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic
divisions of the County,among which is the rezoning of land to Planned Unit Development(PUD);and
WHEREAS, by Ordinance 05-19,as amended by Ordinance 17-47,the Board of County Commissioners
of Collier County approved a Mixed Use Planned Unit Development (MPUD) known as the Vanderbilt
Commons MPUD for the subject property;and
WHEREAS, Section 3.3.A of the Vanderbilt Commons MPUD provides for certain permitted uses,
including Subsection 3.3.A.26,"Any other use which is comparable and compatible in nature with the foregoing
list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by the Board of
Zoning Appeals(BZA)";and
WHEREAS,the Petitioner,Derek Burr,AICP,of Davidson Engineering,Inc.,on behalf of the property
owner,Vanderbilt Commons I Land Trust dated August 1, 2016,requested a determination as to the property
described in Exhibit "A" that a veterinary clinic, excluding outdoor kenneling, (SIC 0742) and a dog
grooming business (SIC 0752), are comparable and compatible use to the permitted uses of the business district
area of the MPUD;and
WHEREAS, the PUD permits uses such as pet stores (SIC 5999), physicians and other health
professionals(SIC 8011-8049 and 8082),and beauty shops(SIC 7237);and
WHEREAS, the Growth Management Department Zoning Manager has determined that a veterinary
clinic, excluding outdoor kenneling, (SIC 0742)and a dog grooming business(SIC 0752) are comparable and
compatible permitted uses within the Mixed Use Area of the PUD by Zoning Verification letter dated
September 27,2018,attached as Exhibit"B";and
WHEREAS, staff requests an affirmation of the Zoning Manager's determination by the Board of
[18-CPS-01799/1442510/1180
Vanderbilt Commons/CUD-PL20180002265 page 1 of 2
10/29/18
Zoning Appeals that a veterinary clinic, excluding outdoor kenneling, and a dog grooming business, are
comparable and compatible uses within the Mixed Use area of the Vanderbilt Commons MPUD according to
Section 3.3.A.26 of the MPUD;and
WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by the Land
Development Code and by Section 3.3.A.26 of Ordinance 2005-19, as amended, and has held a public
hearing with due notice made, and all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered granting the request by Vanderbilt
Commons I Trust c/o Welsh Companies FL, Inc., as stated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA,that as to the property described in Exhibit"A":
The Zoning Verification letter dated September 27, 2018 is affirmed; and a veterinary clinic,
excluding outdoor kenneling, and a dog grooming business, are comparable and compatible uses within
the Mixed Use area of the Vanderbilt Commons MPUD according to Section 3.3.A.26 of the MPUD,
subject to the following conditions:
(a) 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; and
(b) All other applicable state or federal permits must be obtained before commencement of
the development.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted upon majority vote,this I I fh day of ,DEC e rri , 2018.
a
;1,"'
ATTEST: �a BOARD OF d APPEA
CRYSTAL K. KINZEL, CLERK COLLIER 'O ,FLOR i
BY ' dAJ ByAttest as to Chairman's. � Cle ANDY SOLIS, Chairman
•
signature only. '"
Approved as to form and legality:
H idi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Legal Description
Exhibit B—Zoning Verification Letter
[18-CPS-01799/1442510/1180
Vanderbilt Commons/CUD-PL20180002265 page 2 of 2
411)
10/29/18
Exhibit A
Legal Description
VANDERBILT COMMONS LOT 1, as further described in the plat recorded at Plat Book 60, Pages
31-32, Collier County, Florida. PID #: 79271800086 (A.K.A XXX. Vanderbilt Way)
And
VANDERBILT COMMONS LOT 2, as further described in the plat recorded at Plat Book 60, Pages
31-32, Collier County, Florida. PID # 79271800109 (A.K.A XXX. Vanderbilt Way)
ir
Growth ani ent Department
Zoning Services Section
September 27,2018
Derek Burr, AICP—Senior Planner
Davidson Engineering, Inc.
4365 Radio Road, Suite 201
Naples,Florida 34104
Re: Zoning Verification Letter ZLTR (CUD)-PL20180002265; Zoning Verification Letter —
Comparable Use Determination for 7211 Vanderbilt Beach Road, Building 1; AKA: Vanderbilt
Commons, Lots 1 and 2, in Section 34, Township 48 South, Range 26 East, of unincorporated Collier
County,Florida. Property ID/Folio Number: 79271800086.
Dear Mr.Burr:
This letter is in ieSiOiSd to a Comparable Use Determination (CUD) Application that
you submitted on
the behalf of your client, Vanderbilt Commons I Trust c/o Welsh Companies FL, Inc. You specifically
seek a determination from the Planning Manager and approval of said determination from the Board of
Zoning Appeals that a veterinary clinic, excluding outdoor kenneling, (SIC 0742) and a dog grooming
business (SIC 0752) are allowable permitted uses at the above location; the former to be in Unit 13 and
the latter in Unit 11. The applicable CUD regulations are contained in sections 2.03.00.A and 10.02.06.J
of the Collier County Land Development Code(LDC),Ordinance 04-41, 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 Mixed Use Planned Unit
Development (MPUD), more specifically the Vanderbilt Commons MPUD, as established by Ordinance
2005-19, as amended, which serves as the primary zoning document. The subject property is further
located within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict as identified on the Future
Land Use Map (FLUM) and described in the Future Land Use Element (FLUE) of the Growth
Management Plan(GMP). The FLUE permits commercial and residential land uses in this area; however,
specifically prohibits gas stations, convenience stores with gas pumps, fast food restaurants with drive
through lanes, and tire stores within the 14.49-acre expansion area that comprises this MPUD;
consequently,said uses are listed as prohibited within Section 3.4 of the PUD.
Section 1.6 of the MPUD reveals the project is comprised of a mixture of commercial and residential
uses. Commercial and residential land uses and signage are designed to be harmonious with one another
in a natural setting by using common architecture, quality screening/buffering, and native vegetation,
whenever feasible. Section 2.3.A of the MPUD states that the project is intended to create a pedestrian-
friendly atmosphere that encourages area residents to work and shop there and for on-site workers to walk
to other services. In addition,the MPUD Master Plan depicts the subject property.
The subject property comprises +1-3.1 acres and as per the MPUD's Master Plan is located within the
"South Tract"and is within an area dedicated"Mixed Use Area"which is intended to provide a variety of
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Zoning Division•2800 North Horseshoe Drive• Naples,FL 34104•239-252-2400•www.colliergov.net
Exhibit B ��
Zoning Verification Letter
ZLTR(CUD)-PL20180002265
Page 2 of 3
retail and office uses. Allowable commercial principal uses within the Mixed Use Area are listed in
Section 3.3.A. of the PUD document. The requested SIC classifications are not specifically listed;
however, listed use #26 reads: "Any other use which is comparable and compatible in nature with the
foregoing list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by
the Board of Zoning Appeals (BZA). Prior to the approval of any uses, the applicant shall provide public
notice in addition to an advertisement for the hearing which shall include a neighborhood information
meeting, mailings and signage in the same manner as that required for substantial amendments to a
Planned Unit Development."
Section 10.02.06.J.I.b. of the LDC states that the County Manager or designee may issue a zoning
verification letter to determine whether a use within a PUD is consistent and compatible with the
surrounding uses within the PUD. To be effective, said zoning verification letter shall be approved by the
Board of County Commissioners by resolution at an advertised public hearing.
Section 2.2.A. of the PUD document states: "Regulations for development of the Vanderbilt Commons
Mixed Use PUD shall be in accordance with the contents of this document, MPUD-Mixed Use Planned
Unit Development District and other applicable sections and parts of the Collier County Land
Development Code and Growth Management Plan in effect at the time of building permit application.
Where these regulations fail to provide developmental standards, then the provisions of the most similar
district in the Land Development Code shall apply."
You have provided a justification statement in which you have determined that the allowable principal
uses within the subject MPUD are most similar to those of the County's C-3 and C-4 base zoning
districts. The LDC reveals that veterinary clinics, excluding outdoor kenneling, (SIC 0742) are allowable
as a Conditional Use within the C-1 zoning district and as permitted uses within the C-2 through C-5
zoning districts; dog grooming (SIC 0752) is allowable as a permitted use within the C-3 through C-5
zoning districts. With respect to comparability, you assert that as the proposed uses are allowable within
the C-3 zoning district they are less intense than several of the enumerated allowable uses requiring a C-4
zoning. Staff notes for several of the enumerated uses the escalation to C-4 zoning is a result of a
restriction on internal area of 5,000 square feet or less for which there is no similar restriction noted
within the MPUD. Additionally, you contend that the business and operational characteristics of a
veterinary clinic,without outdoor kenneling, is similar to that of physicians and other health professionals
(SIC 8011-8049 and 8082) and that a dog groomer operates similarly to a beauty shop (SIC 7237) which
are allowable uses within the subject MPUD. Lastly, with respect to allowable uses, staff offers that pet
stores (SIC 5999) are permitted principal uses within this MPUD and that several of the larger pet store
franchises offer similar services and/or provide space to veterinarians and/or groomers as accessory uses
within the confines of said stores.
Additionally, you provided a detailed Traffic Impact Analysis undertaken by Trebilcock Consulting
Solutions, PA. Said traffic analysis is primarily based upon evaluating a veterinary use against a generic
shopping center use and concludes that, from a traffic stand point, a veterinary clinic results in fewer total
trips and is therefore favorable. With respect to dog grooming, the consultant was unable to locate a
specific Land Use Code (LUC) for same, however asserts that as veterinary clinics can offer grooming
services as an accessory use that using the same T.UC for both proposed business types result in yet fewer
total trips. Staff notes that the subject property was developed as and satisfies the LDC's definition of a
Shopping Center; see Site Development Plan (SDP-PL20160001076). As per LDC Section 4.05.04 G.
Table 17—Parking space requirements—required parking within shopping centers not having significant
cinema/theater seating capacity is based upon a standard ratio of 1 space per 250 square feet of gross floor
area without regard to use with exception to restaurants which cannot exceed 20%of the shopping centers
floor area without providing for additional parking.
Staff's analysis concludes that the business and operational characteristics of both the proposed veterinary
clinic and the proposed dog groomer and comparable and compatible to those uses enumerated within the
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Zoning Verification Letter
ZLTR(CUDJ-PL20180002265
Page 3 of 3
Mixed Use development area of the subject MPUD. Staff further finds that the subject application and
opinion are consistent with the GMP, the LDC, and the Vanderbilt Commons MPUD as neither has been
specifically prohibited. Said analysis is based upon the term "compatibility"which is defined in the LDC
as follows: "A condition in which land uses or conditions can coexist in relative proximity to each other
in a stable fashion over time such that no use or condition is unduly negatively impacted directly or
indirectly by another use or condition." The term "comparable" is generally defined as having features
in common with something else or having equivalent or similar attributes. "Consistent" pertains to
accuracy and the way such arguments have been made over time. In an effort to promote compatibility,
staff would encourage the applicant to consider creating or repurposing an area to be used as a comfort
area and/or the placement of sanitation stations for the disposal of dog/animal waste.
The Zoning Manager has reviewed the subject application and submittal documents and finds the
argument made to be compelling. Based upon the information contained herein, it has been concluded
that a veterinary clinic, excluding outdoor kenneling, (SIC 0742) and a dog grooming business (SIC
0752) are comparable and compatible permitted uses within the Mixed Use Area of the Vanderbilt
Commons MPUD. Subsequent to a Neighborhood Information Meeting, this determination must be
approved by the Board of Zoning Appeals to become valid; you will be notified of a hearing date and
time.
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: john.keliy@colliercountyfl.gov.
Researched and prepared by: Reviewed by:
r?
Jo n A.Kelly, Senior Planner Raym n Bellows,Zoning Mani -
Zoning Services Section Zoning ervices Section
C: GMD-Addressing Section
GMD-PUD Monitoring
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