HEX Final Decision 2015-18 HEX NO. 2015— 18
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140002611 — My Other Place, LLC requests an insubstantial
change to Ordinance No. 03-26, the North Naples Research and Technology Park Planned
Unit Development ("PUD") to increase the maximum number of permitted workforce
housing dwelling units, to reduce the acreage for the non-target use area, to increase the
acreage for the target use area, and to amend the PUD Master Plan to accurately reflect
the current lot configuration. The subject property consists of 19.3± acres of land located
on the west side of Old U.S. 41, just south of the Lee/Collier County line in Section 10,
Township 48 South, Range 25 East, Collier County,Florida.
DATE OF HEARING: April 9, 2015
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 is approved.
ANALYSIS:
One member of the public attended the meeting and expressed concern that the changes would
impact the water management lake and/or the preserve areas. The changes requested will have
no impact on either of those areas.
This application was advertised "to increase the maximum number of workforce housing
dwelling units." The "increase" is attributable to a change in the Growth Management Plan
Future Land Use Element's density rating system and does not correspond to an increase in the
existing allowed density on this property, which remains at twelve (12) workforce housing units.
[14-CPS-01404/1168744/1159 1 of 2
DECISION:
The Hearing Examiner hereby approves Petition Number PDI- PL20140002611, filed by Steven
L. Darby, P.E. of Darby Engineering Inc., representing My Other Place, LLC, with respect to the
property as described in the North Naples Research and Technology Park PUD, Ordinance No.
03-26, as amended, for the following insubstantial changes:
• to increase the maximum number of eligible workforce housing dwelling units from 12
to 16;
• to reduce the acreage for the non-target use area;
• to increase the acreage for the target use area; and
• to amend the PUD Master Plan to accurately reflect the current lot configuration by
relocating the "Target or Non-Target Use Area A" from Lot 1 to Lot 7.
Said changes are fully described in the North Naples Research and Technology Park PUD
amendment and Master Plan attached as Exhibit"A".
ATTACHMENTS: Exhibit A—PUD Amendment and Master Plan
LEGAL DESCRIPTION: See Ordinance No. 03-26, as amended, the North Naples Research
and Technology 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.
14- (o - 101c aad Al"
Date M. k Strain, Hearing Examiner
Approve • J: . d legality:
Scott A. Stone
Assistant County Attorney
[14-CP5-01404/1168744/1]59 2 oft
Section I,"Statement of Compliance",of the PUD Document attached to Ordinance 03-26,as
amended,The"North Naples Research and Technology Park PUD",is hereby amended as
follows:
SECTION I
STATEMENT OF COMPLIANCE
The development of±19.3 acres of property in Section 10, Township 48 South, Range 25 East
Collier County,Florida, as a Planned Unit Development to be known as the North Naples Research
and Technology Park PUD,will be in compliance with the goals,objectives,and policies of Collier
County as set forth in the Growth Management Plan (GMP). The proposed Research and
Technology Park PUD will be consistent with the growth policies, land development regulations and
applicable comprehensive planning objectives of each of the elements of the GMP for the following
reasons:
1. The property is located in the Urban Mixed Use District, Urban Residential Subdistrict as
depicted on the Future Land Use Map of the Collier County GMP. The Future Land Use
Element("FLUE")of the Collier County GMP allows for the Research and Technology Park
Subdistrict on sites greater than nineteen (19) acres in the Urban Mixed Use District in
which the subject property is located. Therefore, because of the property size (19.3 acres)
and its location it may be found consistent with these FLUE location requirements for the
Research and Technology Park Subdistrict.
2. The Research and Technology Park Subdistrict is also required according to the FLUE to be
located on arterial or collector roadways. Old US 41,which provides access to the subject
property, is classified as a collector road way according to the Transportation Element of the
Collier County GMP. Therefore,consistency can be established with this provision of the
FLUE.
3. The Research and Technology Park Subdistrict also requires provision for workforce housing
up to a maximum of forty (40) percent of the park's acreage as the site abuts residential
zoning to the west.
4. The total number of workforce housing units will not exceed twelve (12) sixteen (16)
dwelling units total and shall be provided on Target or Non-Target Use Areas "A"or"B" as
depicted on the PUD Master Plan.
The actual number ofdwelling units to be provided will be based on the underlying size of
the gross leasable floor area ofthe first floor for either Target orNon-Target Use Areas"A"
or 'B". This floor area shall constitute the amount of leasable residential area to be
provided. The residential area may be developed into efficiency apartments, one (1)
bedroom units, two (2)bedroom or 3 bedroom units at the option of the developer. The
provision of work force housing in accordance with this standard is consistent with the
requirement to provide workforce housing within the Research and Technology Park
Subdistrict ofthe FLUE.
Words underlined are added; Words struck thru are deleted
EXHIBIT "A"
Page 1 of 6
5. The Research and Technology Park Sub district requires that density be consistent with
the Density Rating System of the FLUE for workforce housing. The subject property is
located in the Urban Mixed Use District. . -- __. _. - - _ _- •_
€retindafy according to the FLUE. Therefore,a density of up to 4 dwelling units per
acre is permitted without density bonuses for workforce housing. Based on the 3.96
acres of upland and wetland preserve area and Florida Power and Light easement area
located within the subject property, a maximum of 44 16 dwelling units are permitted.
Based on the formula provided in Paragraph Four above, up to 44 16 dwelling units can
be found consistent with the Density Rating System of the FLUE.
6. The Research and Technology Park Subdistrict also requires that a minimum of sixty (60)
percent of the park area shall be devoted to Target Use Areas or 823 acres and a maximum
of twenty (20)percent of the area shall be devoted to Non Target Use Areas or 2.74 acres.
Therefore, this FLUE requirement can be met to establish consistency with the Collier
County GMP because more than 8.23 acres of Target Use Areas are proposed and 2.54 L66
acres of Non-Target Use Area is provided for on the PUD Master Plan.
7. The Future Land Use Designation Description Section of the FLUE defines Target Industries
identified by the Economic Development Council of Collier County which are
aviation/aerospace industry,health technology industry and information technology industry,
and include the following uses: software development and programming; internet
technologies and electronic commerce; multimedia activities and CD-ROM development;
data and information processing;call center and customer support activities; professional
services that are export-based such as laboratory research or testing activities; light
manufacturing in the high tech target sectors of aviation/aerospace and health and
information technologies; office uses in connection with on-site research; development
testing and related manufacturing; general administrative offices of a research and
development firm;educational,scientific and research organizations; production facilities
and operations.
Section 6.4 of the PUD Document provides for the Target Use Areas listed above including
other uses contained in Section 2.2.20.4.8 of the LDC in effect as of the date of approval of
the PUD for research and technology parks. Therefore,consistency can be established with
this provision of the FLUE.
8. The Future Land Use Designation Description Section of the FLUE defines when Non-
Target Industry Uses may include hotels at a floor area ratio consistent with Section
2.2.15.4.7 of the LDC, and these uses in the C-1 through C-3 Zoning Districts that provide
support services to the Target Industries such as general office, banks, fitness centers,
personal and professional services, computer related businesses and services, employee
training, technical conferencing, day care center and restaurants, and corporate and
government offices.
Section 6.4 of the PUD Document provides for the Non-Target Industries listed above
including other uses contained in Section 2220.4.8 of the LDC in effect as of the date-of
approval of the PUD for research and technology parks. Therefore,the proposed uses for
Non-Target Industries may be found consistent with the FLUE.
Words underlined are added; Words struck thru are deleted
EXHIBIT "A"
Page 2 of 6
9. The Future Land Use Designation Description Section of the FLUE provides that building
permits for Non-Target Industry Uses shall not be issued for more than 10,000 square feet of
gross leasable area prior to the issuance of the first building permit for a Target Industry Use.
This requirement is included in Section 6.5H of this PUD Document. Therefore,
consistency can be established with this provision of the FLUE.
10 The subject property's location in relation to the existing or proposed community facilities
and services supports the proposed development intensities as required in Objective 2 of the
FLUE.
11. The proposed development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
12. Improvements are planned to be in compliance with applicable land development regulations
as set forth in Objective 3 of the FLUE.
13. The proposed development will result in an efficient and economical extension of
community facilities and services as mired in Policy 3.1. G of the FLUE.
14. The project is planned to incorporate natural systems for water management purposes in
Drainage Sub Element of the Public Facilities Element of the Collier County GMP.
4-5. 13. The project as planned may be found consistent with Objective 7 of the Transportation
Element that requires that the County shall develop and adopt standards for safe and efficient
ingress and egress to adjoining properties, as well as encourage safe and convenient on-site
circulation.
16. 14. All final development orders for this project are subject to the Collier County Concurrency
Management System,as implemented by the Adequate Public Facilities Ordinance(Division
3.15 of the LDC) and further required by Policy 2.3 of the FLUE.
Words underlined are added; Words strums are deleted
EXHIBIT "A"
Page 3 of 6
Section 3.2,"Project Description",of the PUD Document attached to Ordinance 03-26,as
amended,The"North Naples Research and Technology Park PUD", is hereby amended as
follows:
3.2 PROJECT DESCRIPTION
The project contains ± 19.3 acres and includes land area to provide for a mix of Targeted
Use Areas — aviation/aerospace industry, health technology industry, information
technology industry and other light, low environmental impact uses. Also permitted are
Non-Target Use Areas that provide support services to the Target Use Areas such as
general office uses, banks, restaurants, personnel and professional services. The
maximum amount of Non- Target Use Area permitted by the FLUE is 2.74 acres. The
PUD Master Plan (Exhibit A) shows that 2.51 1.66 acres is being provided for the Non-
Target Use Area. The minimum acreage required to be devoted to Target Industries is
8.23 acres and the PUD Master Plan provides 9:-89 10.77 acres for this purpose. The North
Naples Research and Technology Park PUD will provide up to twelve workforce
housing units in a mixed use structure. Both upland and wetland preserve areas are
provided for on the PUD Master Plan and comprise approximately 2.7 acres.
Access will be provided from Old U.S.41 by way of the sixty (60) foot wide access road.
Section 6.4B,"Permitted Uses and Structures",of the PUD Document attached to Ordinance
03-26,as amended,The"North Naples Research and Technology Park PUD",is hereby
amended as follows:
B. Non-Target Industry Uses:
A maximum of 2.51 1.66 acres may be used forNon-Target Use Areas.These areas are
labeled Target or Non-Target Use Areas "A"and"B"on the PUD Master Plan:
Words underlined are added; Words struck thru are deleted
EXHIBIT "A"
Page 4 of 6
Section 7.8, "Workforce Housing", of the PUD Document attached to Ordinance 03-26, as
amended, The "North Naples Research and Technology Park PUD", is hereby amended as
follows:
7.8 WORKFORCE HOUSING
A. The developer shall provide up to twelve (12) workforce housing units on Target or
Non-Target Use Areas "A" or'B" in a mixed use structure as depicted on the PUD
Master Plan. The actual number ofdwelling units to be provided will be based upon
a ratio of gross leasable floor area (first floor commercial/industrial structure) to
internal square footage of the residential area. The residential area may be
developed as efficiency units, one(1)bedroom units, two (2)bedroom units or three
(3) bedroom units at the option of the developer.
B. The workforce affordable housing units shall be required to be rented or sold to
households with incomes at a rate not to exceed sixty (60) percent of the median
income for Collier County for rental units and eighty(80)percent or less for owner
occupied units. Rents charged for each unit may not exceed the United States
Department of Housing and Urban Development sixty(60)percent rent limitations.
C. The PUD Monitoring Report shall document that the incomes of the occupants of
each work force house unit meet the standards set forth in paragraph 7.8.B of this
Document.
D. Workforce housing units shall be constructed as set forth in Paragraph 6.5.N.7 of
this Document.
Exhibit A, "PUD Master Plan", of the PUD Document attached to Ordinance 03-26, as amended, the
North Naples Research and Technology Park PUD, is hereby deleted in its entirety and replaced by
Exhibit A, "PUD Master Plan", attached hereto and incorporated by reference herein.
Words underlined are a tlH\dfdt itrAci through are deleted.
Page 5 of 6
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