HEX Final Decision 2014-37 HEX NO. 2014—37
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140001440 —Terracina II, LLC requests an insubstantial change
to Ordinance No. 87-15, as amended, the Bretonne Park Planned Unit Development, to: (1)
add an optional second entrance to the assisted living/skilled nursing site subject to
approval of the Florida Department of Transportation; and (2) to add a bridge deviation to
allow a sidewalk only on one side of the bridge. The subject property is located on the
north side of Davis Boulevard at the intersection of County Barn Road in Section 5,
Township 50 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: October 13, 2014.
STAFF RECOMMENDATION: Approval.
FINDINGS:
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
Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the
petition should be approved.
ANALYSIS:
The application involves a Planned Unit Development (PUD) which is also a Development of
Regional Impact (DRI). During prior approval processes, the DRI Master Plan indicated a
second entry point onto Davis Blvd. However, this second entry point was never added to the
PUD Master Plan. This application is needed to correct this inconsistency. The second access
will provide members of the public direct access to the out-parcels and thus avoid additional
traffic at the other residential entry to the west.
Two members of the public were in attendance. One speaker requested assurance that this would
not impact or slow the progress of future improvements proposed for this portion of Davis Blvd
planned by the FDOT. The Regional Planning Council has approved this application and in their
review they noted that the FDOT also had an opportunity to review and raised no objections. In
addition, the County Transportation Engineer provided testimony that the applicant's request is
consistent with the FDOT's policies and had a conversation with the FDOT earlier today to
confirm.
A second speaker expressed a concern with potential impacts to the Falling Waters development
located to the southeast of the subject entry point. The speaker requested more detail which was
provided by the applicant and county staff
[14-CPS-01366/1130600/1]49 1 of2
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140001440, filed by James
A. Carr, P.E. of Agnoli, Barber & Brundage, Inc. on behalf of Terracina II, LLC, with respect to
the property as described herein, for the following insubstantial changes:
• to revise PUD Section 4.3, Development Standards, and Exhibit H, the PUD Master Plan,
to allow an optional second entrance to the assisted living/skilled nursing site, subject to
approval by the Florida Department of Transportation; and
• to allow a deviation from LDC Section 6.06.04, Bridges, to allow a sidewalk on only one
side of the bridge.
Said changes are fully described in the Bretonne Park PUD amendment and Site Plan attached as
Exhibit"A".
ATTACHMENTS: Exhibit A—PUD Amendment and Site Plan
LEGAL DESCRIPTION: See Ordinance No. 87-15, as amended, the Bretonne Park PUD.
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, Collier County. 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.
( - 1 a V p�c,�t 1,1
Date Mar Strain, Hearing Examiner
Appro d as to fo and legality:
Scott . Stone
Assistant County Attorney
[14-CPS-01366/1130600/1]49 2 of 2
Exhibit A
Page 1 of 2
Amendment to the Bretonne Park PUD
Ordinance No. 87-15, as amended
SECTION ONE: AMENDMENTS TO COMMERCIAL DEVELOPMENT REGULATIONS SECTION
Subsection 4.3, Development Standards, of the PUD Document attached to Ordinance 87-15, as
amended,the Bretonne Park PUD, is hereby amended as follows:
4.3 DEVELOPMENT STANDARDS
F. Access
Access to Davis Boulevard from the Assisted Living Facility/ Skilled Nursing Facility may
be permitted at the discretion of the property owner. The proposed access is indicated
on the Master Development Plan (PUD Master Plan). The final location and
configuration of the access is subject to approval by Florida Department of
Transportation (FDOT). An on-premises sign may be permitted in the access drive
median on the bridge, subject to the Collier County Sign Code regulations and standards
and further subject to obtaining a Collier County Right-of-Way Permit to place the sign
in the County's drainage easement.
G. Bridge Deviation
From LDC Section 6.06.04, Bridges, which requires sidewalks on both sides of the bridge,
to allow a sidewalk only on one side of the bridge.
SECTION TWO: AMENDMENT TO EXHIBIT H,THE PUD MASTER PLAN
Exhibit H, the PUD Master Plan, of the PUD Document attached to Ordinance 87-15, as amended, the
Bretonne Park PUD, is hereby deleted in its entirety and replaced with Exhibit H, the PUD Master Plan,
attached hereto and incorporated herein.
I
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Exhibit A
At
Page 2 of 2
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