HEX Final Decision 2015-40 HEX NO. 2015—40
HEARING EXAMINER DECISION
PETITION NO. PMC-PL20150001668 -- Lodge/Abbott Associates LLC and Lodge/Abbott
Investments Associates, LLC is requesting approval of a minor change, pursuant to LDC
Section 10.02.13.E.3.c , to the Cocohatchee Bay PUD Ordinance No. 2000-88 as amended by
Settlement Agreement and Release approved June 9, 2008, to remove an affordable
housing commitment to make a monetary payment of 3 million dollars to Collier County.
The property is located on the northwest and northeast quadrants of Wiggins Pass Road
and Vanderbilt Drive in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East,
Collier County, Florida, consisting of 532.09± acres.
DATE OF HEARING: October 22, 2015
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on Section 10.02.13 E.3 of the Land Development Code, 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 petition should be approved.
ANALYSIS:
By Board of County Commissioner's direction in 2012, provisions were added to the Land
Development Code (LDC) providing staff with the ability to remove affordable housing
commitments within Planned Unit Developments and Settlement Agreements as minor text
changes. Conditions for written notice to property owners were provided pursuant to the LDC.
If no written objections were received, the request was deemed approved. If a property owner
who received notice submits a written objection,the matter shall be scheduled for public hearing.
The required mailed notices were sent to approximately 1292 addresses and eleven
homeowner/condo associations. Staff received eight written objections from the noticed
property owners. As a result, this matter was duly advertised and scheduled for hearing before
the Collier County Hearing Examiner. No members of the public attended the Hearing
Examiner's meeting for this item.
Eight written objections were received by staff and included in the staff report. Written
objections included:
1. "...I don't trust this company. This would set precedence for re-opening the 2008
settlement that many of us fought hard against earlier in the year...."
2. "...While this request seems innocent enough on the face value, we can't help but think
that this is a prelude to sinister consequences. This would set precedence for re-opening
the 2008 settlement that many of us fought hard against earlier in the year..."
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3. The third objection included the above (#2) as reference and stated agreement with it.
4. "...We would do all we can to stop the development — language or not!...My wife and I
reside across the street from what we call, this possible disaster proposal, that is intended
to destroy the tranquility of the area and reduce property value for sure...."
5. "...I object to the developer's request that the affordable housing component of the above
referenced settlement agreement be deleted...."
6. "...We received the formal application by Grady Minor & Assoc. for the affordable
housing commitment. Which we object to. We would like a public hearing at the office
of the Hearing Examiner before the commitment is made...."
7. "I object to the removal of the affordable housing contributions commitments."
8. "...We object to the removal of affordable housing contribution commitments. DO NOT
REMOVE...."
At the hearing, members of county staff were asked to respond to the following questions by the
Hearing Examiner:
Assistant County Attorney Heidi Ashton-Cicko. Question: Does this action today open up the
Settlement Agreement? Response: The sole issue is the removal of the affordable housing
commitment and you are not able, under the LDC section, to open up any other provisions of the
Agreement.
Division Director Amy Patterson. Question: What is the current ability to collect these funds?
Response: I am unable to collect funds relative to the affordable housing donations because the
collections have been suspended by the Board of County Commissioners.
Senior Operations Analyst Paula Fleishman. Question: What is the status of the collected fees
since this program began? Response: $604,581 collected, $499,623 refunded, we have about
$105,000 to be refunded. Question: Was any of the money ever spent? Response: no.
Question: When was the first money collected? Response: 2006 was the first one, then there
were a couple of years in between and then a lot more came in 2008, 9 & 11. Question: How
much of the collected money was from Settlement Agreements? Response: two, Sandlewood
and Cocohatchee. Question: But you haven't collected any from Cocohatchee yet? Response:
correct. Question: What is the status of Sandlewood's contribution? Response: They had a
potential for $57,000 but only paid in $12,000 and they got the $12,000 back.
Planning Manager Ray Bellows. Question: Have any of the commitment removals ever been
opposed? Response: Not to my knowledge. Question: Has your review ever been denied?
Response: No. Question: Do you know of any that have ever been denied? Response: None
have been denied. Question: Is the Board's order to release these commitments still valid?
Response: Yes.
Assistant County Attorney Heidi Ashton-Cicko commented that one commitment was taken to
the Board and was approved for removal by the Board.
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DECISION:
The Hearing Examiner hereby approves Petition Number PMC-PL20150001668, filed by D.
Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Lodge/Abbott
Associates, LLC, and Lodge/Abbott Investments Associates, LLC, with respect to the property
as described herein, for a minor change to the Cocohatchee Bay PUD, Ordinance No. 2000-88,
as amended by Settlement Agreement and Release approved June 9, 2008, to remove the
following affordable housing commitment:
5. Lodge agrees to contribute $3 million to the County for affordable
workforce housing. Payment shall be made at the rate of$600,000 for each of five
(5) residential condominium buildings to be built by Lodge at the time each
building permit is issued. This payment shall be a credit against any affordable
workforce housing fee adopted by the County. If no fee is adopted or if the fee is
less than the payment set forth, the County shall retain the excess payment.
ATTACHMENTS: None.
LEGAL DESCRIPTION: See the Cocohatchee Bay PUD, Ordinance No. 2000-88, as
amended by Settlement Agreement and Release approved June 9, 2008.
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.
l0 - 21 - 2.615 vl (A, PAL,
Date Mark Strain, Hearing Examiner
Approved as to form and legality:
)- U7'
Heidi Ashton-Cicko
Managing Assistant County Attorney
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