HEX Final Decision 2019-09 HEX NO. 2019—09
HEARING EXAMINER DECISION
PETITION NO. PCUD-PL20180003162 — Colombo Enterprises of Naples, Inc. 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 a vape store (SIC 5999) is comparable in nature to those commercial uses permitted in
Section 3.2 of the Green Tree Center PUD, Ordinance No. 81-58, as amended. The subject
property is located in the southwest quadrant of the Immokalee Road and Airport Road
intersection, in Section 26, Township 48 South,Range 25 East, Collier County, Florida.
DATE OF HEARING: February 14, 2019
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 should be
approved.
ANALYSIS:
No members of the public, other than the Applicant's representatives, were in attendance. Prior
to the hearing one email was received in opposition to this comparative use.
The use requested, a Vape Store, is not listed within the existing Green Tree Center Planned Unit
Development (PUD), the Land Development Code (LDC), the Standard Industrial Classification
System (SIC), or the North American Industry Classification System (NAICS). Staff noted that
a vape store as a use did not exist at the time these codes were written. Staff provided a
comparable and compatible review to similar allowed uses in the PUD. Uses within the PUD
include gas stations, auto parts stores, cocktail lounges, drug stores, liquor stores, food markets,
hardware stores and research and design labs. The intensity and characteristics of a vape store
compare favorably to many of the other uses currently allowed in the PUD.
DECISION:
The Hearing Examiner hereby approves Petition No. PCUD-PL20180003162, filed by Chris
Lascano of Phoenix Associates of FL, Inc., representing Colombo Enterprises of Naples, Inc.,
requesting approval of a zoning verification letter determining that the proposed use of a vape
store (SIC 5999) is comparable in nature to other commercial uses permitted in Section 3.2 of
the Green Tree Center PUD, Ordinance No. 81-58, as amended, on the property described
[18-CPS-01823/1461796/1]27 1 of2
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 CUD-PL20180003162
LEGAL DESCRIPTION:
Tract "D", Green Tree Center, according to the plat thereof, as recorded in Plat Book 19, Pages
26 through 31, 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.
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.
ILJ p
Date M• k Strain, Hearing Examiner
Appr ved as tcform and legality:
Scott A. Stone
Assistant County Attorney
08-CPS-01823/1461796/1127 2 of2
co ler county
Growth Management Department
Zoning Division
November 6,2018
Chris Lascano
Phoenix Associates of FL.,Inc.
13180 Livingston Rd. #204
Naples,FL. 34109
Dear,Ms. Lascano
Re: Letter of Zoning Verification for Comparable and Compatible Determination (CUD)
PL20180003162 for the Green Tree Center Planned Unit Development (PUD), 2400 Immokalee Rd.,
Naples, Fl 34110. Section 26, Township 48 South, Range 25 East, Collier County, Florida. Property
ID/Folio: 46690000403.
Dear Mr. Lascano:
This letter is in response to a Comparable Use Determination(CUD) Application dated October 17, 2018
which was submitted by you on the behalf of your client, Colombo Enterprises. You have specifically
requested a determination from the Zoning Manager and affirmation from the Office of the Hearing
Examiner that a Vape Store under Standard Industrial Code (SIC) 5999— "Miscellaneous Retail Stores,
Not Elsewhere Classified"as comparable and compatible with the permitted uses in the Green Tree PUD,
(Ordinance(s) 81-58& 84-33).
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 PUD, Ordinance(s)81-58&84-33 as
amended. Permitted uses within this PUD for the subject parcel are listed in Exhibit A, Section III
Commercial Development Regulation-Tract"A"3.2 Permitted Uses and Structures: (1-56). #56 stipulates
the following: "Any other commercial use or professional service which is comparable in nature with the
foregoing uses, and which the Director determines to be compatible in the district. This application was
reviewed for comparability and compatibility of allowable C-3 of the 1982 and 1979 Zoning Ordinances
for permitted uses within said documents as pertinent with the Green Tree PUD as well as for comparability
and compatibility of characteristics such as:
> Similarity of Sic Industry Groups
➢ Similar activities to other permitted uses within the PUD
> Similar impact to other uses within the PUD
Assessment of a Vape Store
The applicant has indicated that the commercial uses permitted in the Green Tree PUD as illustrated in
Ordinance 81-58 Exhibit A Section III Commercial Development Regulation -Tract "A" 3.2 Permitted
Uses were derived from the established 1981 Commercial Zoning District C-3 at the time of the Ordinances
adoption.
Exhibit A
CUD PL-20180003162 ,,
Page 1 of 3
Zoning Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2400•wwwcoliergov.net
Staff has researched and could only find C-3 Zoning Districts for 1982. As such, staff relied on Zoning
Ordinances from 1979 and 1982. Of the permitted uses in the 1982 C-3 Zoning District; 47 of the 55
permitted uses of within the Green Tree PUD were identified in the 1982 C-3 Commercial Zoning District.
Furthermore, staff investigated Collier County's 1979 Commercial Zoning District Section 34. GRC-
GENERAL RETAIL USES 2.A. and identified seven uses within the Green Tree PUD.
While many of the permitted uses in the Green Tree PUD, are permitted in zoning designations 1982 C-3
and the 1979 General Retail Use section of the LDC, Vape Store is not specifically referenced.
Assessment of a Vane Store within the Green Tree PUD
> Section III Commercial Development Regulation -Tract "A" 3.2 Permitted Uses and Structures:
(1-55). #55 stipulates the following: "Any other commercial use or professional service which is
comparable in nature with the foregoing uses, and which the Director determines to be
compatible in the district.).[Specifically referenced as permitted uses within the Green Tree PUD.]
➢ Liquor Stores(SIC)592;is a permitted use.[Specifically referenced as permitted uses in the Green
Tree PUD.]
> Tobacco Store (SIC) 5992; is a permitted use. [Specifically referenced as permitted uses in the
Green Tree PUD.]
➢ Cocktail Lounges(SIC)5813; is a permitted use.[Specifically referenced as permitted uses in the
Green Tree PUD.]
While the majority of the permitted uses in the Green Tree PUD, are permitted in zoning designations in
the 1982 C-3 section of the LDC as well as in the 1979 Section of the LDC. Vape Store is not specifically
referenced.This is primarily due to the fact the product did not exist at the time the referenced codes were
scripted.
Given the similarity in the nature and intent of the referenced retail uses, staff finds a Vape Store under
(SIC 5999)is comparable and compatible with the aforementioned array of permitted adult retail uses and
services within the Green Tree PUD.
Furthermore, staff has identified a couple of nationally recognized Retailers currently in operation within
the Green Tree PUD which provide VAPE LIKE PRODUCTS.Please see below:
> CVS Pharmacy
➢ Mobile Gas Stations
For your consideration staff has included a few Vape Stores currently in operation in Collier County to
attempt to illustrate their intent and business model:
> Pelican Vapor LLC; http://pelicanvapor.com/
> Golden Vape; http://www.goldenvapeexperience.com
Exhibit A
CUD PL20180002589 ,, > Page 2 of 3
Zoning Division•2800 Nor h Horseshoe Drive•Naples,Florida 34104.239.252-2400•vmacoliergov.net
Assessment of Intensity Impact
As to potential adverse impacts;the Site Development Plan(SDP)approval for the PUD was for a shopping
center. Therefore,the parking and any other stipulations of the approved SDP associated with the PUD are
inclusive for all existing and proposed uses within the property.
Determination
The Zoning Manager has reviewed the application and submittal documents and finds the assertion made
by the applicant to be compelling. It has been concluded that a Vape Store is comparable and compatible
to the allowable uses of zoning designations C-3 of the 1982 and 1979 LDC listed within the PUD as well
as the characteristics associated with intensity and business character, of this PUD. Therefore, in
accordance with the PUD under Exhibit A, Section III Commercial Development Regulation -Tract"A"
3.2 Permitted Uses and Structures: (1-56) the applicants proposed use is comparable and compatible in
effect on the date of approval of the MPUD Ordinance(s) 81-58 as amended by 84-10.
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)252-4211or e-mail: Gilbert.Martinez@C:ollierCountyFl.Gov
Res- e•a prepared by: Reviewed by:
Gil Martinez,Principal PI. • t er Raymo elBellows,Zoning Manager
Zoning Division /0 �• /s) Zoning Division
C: Mike Bosi,AICP,Director
Annis Moxam,Addressing Section
Laurie Beard,PUD Monitoring
,��4Ll�nr
tl Exhibit A
•
CUD PL20180002589 ,,t•to Page 3 of
Zoning Division•2800 North Horseshoe Drive•Naples,Florida 34104.234252-2400•www.coliergov,net