HEX Final Decision 2018-01HEX NO. 2018 — 01
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20170002544 — Livingston Pro Center, LLC requests an
insubstantial change to the Hiwasse PUD, Ordinance No. 04-75, as amended, to reduce the
front yard setback, revise a development commitment relating to transportation, add two
new development commitments relating to utilities, add two new deviations relating to
landscaping and buffering, remove one deviation relating to sidewalks and bike paths,
modify the plant material notes on Exhibit "C," and revise the Master Plan to reflect these
changes. The subject property is located on the west side of Livingston Road,
approximately one quarter mile south of Pine Ridge Road, in Section 13, Township 49
South, Range 25 East, Collier County, Florida, consisting of ±13 acres.
DATE OF HEARING: January 11, 2018, continued to January 25, 2018
STAFF RECOMMENDATION: Approval.
FINDINGS:
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 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:
No objections have been received for this application and no members of the public attended in
opposition. A letter of support was received from the adjoining Kensington Park Master
Association. Five members of the public attended the Neighborhood Information Meeting
(NIM) and no opposition was noted.
The changes requested were realized during design of proposed development for the Hiwasse
PUD. An existing County -owned 8 -inch force main was discovered located within t h e
eastern twenty feet of the PUD boundary. There is no utility easement at this
location.
Development plans for two projects had been submitted to Collier County. The first, Lock -
Up Storage (PL- 20170001705), which is located on the northern portion of the Hiwasse
PUD, was approved. After SDP approval design revisions were required to address an issue
related to the requirement for measuring the front yard setback from a 5 -foot wide easement
required for compensating right-of-way along Livingston Road. Rather than wait several
months necessary to determine and complete the process to address this issue, the developer of
Lock -Up Storage decided that he would re -design the site such that it could then move forward
with the approval without delay.
[17 -CPS -01696/1391877/11167 1 of
The impact on the second proposed development, Naples Motor Condos at Hiwasse (PL -
20160002025), which covers the southern portion of the PUD, could not be easily resolved by a
redesign.
As a result of the force main discovery there is a need for new easements and with the setback
issue described above, several changes to the Planned Unit Development (PUD) were applied
for through the insubstantial change process. These issues in summary are as follows:
a. Granting a temporary easement to the County for the existing 8 -inch force main
encroaching on the property along the Livingston Road frontage.
b. Granting a 15 -foot wide utility easement located adjacent to Eatonwood Lane to
provide for connection to the relocated 8 -inch force main.
c. Granting a 20 -foot wide easement within the FPL easement to accommodate both
the relocation of the existing 8 -inch force main encroaching on the property along the
Livingston Road frontage, and a new 24 -inch force main necessary to connect the
North and South Regional Water Reclamation Facilities. -
d. Requesting a one -foot change (25 feet to 24 feet) to the southern setback from the
PUD boundary.
e. Clarifying that the Livingston Road setback will be from the PUD boundary.
f. Clarifying the obligations for the construction of the bike path/sidewalk.
g. Requesting a deviation from building foundation plantings for the automobile self -
storage use.
The existing PUD language contained a requirement for the developer to construct a pathway
within the existing FP&L easement on the west side of the PUD. The Collier County Real
Property Department provided an appraised value for the easements and a cost for the
developer's obligation to construct the pathway. The difference between the two costs were
negligible and the developer agreed to provide the easements in exchange for the release of the
construction obligation.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20170002544, filed by Robert
J. Mulhere of Hole Montes, Inc. representing Livingston Professional Center, LLC, with respect
to the property as described in the Hiwasse CPUD, Ordinance No. 04-75, as amended, for the
insubstantial changes described herein. Said changes are fully described in the Hiwasse CPUD
amendment and Master Plan attached as Exhibit "A", and are subject to the condition(s) set forth
below.
ATTACHMENTS: Exhibit A — CPUD Amendment and Master Plan
LEGAL DESCRIPTION: See Ordinance No. 04-75, as amended, the Hiwasse CPUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
[I 7-CPS-01696/1391877/1]167 2 of 3
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.
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`b1 -1g
Date
[ 17 -CPS -01696/1391877/1]167 3 of 3
Marc Strain, Hearing Examiner
Approved s to form and legality:
Scott A. Stone
Assistant County Attorney
Exhibit "A" to HEX No. 2018-01
Page 1 of 8
SECTION ONE:
AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE, OF THE PLANNED UNIT
DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED
BY ORDINANCE NO. 08-34, THE HIWASSE PUD
The Table of Contents/Exhibits Page, attached to Ordinance No. 04-75, as amended by
Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows:
TABLE OF CONTENTS
Page
SECTION I Statement of Compliance...................................................3
SECTION II Property Ownership, Legal Description, Short Title and
Statement of Unified Control..............................................4
SECTION III Statement of Intent and Project Description ..............................5
SECTION IV General Development Regulations........................................6
SECTION V Permitted Uses and Dimensional Standards for Commercial
Development.................................................................13
SECTION VI Development Commitments..............................................15
EXHIBITS
Exhibit A — PUD Master Plan
Exhibit A-1 — Eatonwood Lane and FPL Easement Interface Exhibit
Exhibit C — Landscape Detail & View Elevation/Cross Section Study
Exhibit D — Architectural Schematic
Page 1 of 5
Words &tnw' u-gh are deleted; words underlined are added.
H:\2001\2001076\WP\PDIU-IEX\Hex Conti nuance\H iwasse PUD (PDI-PL20170002544) (1-25-2018).docx
Exhibit "A" to HEX No. 2018-01
Page 2 of 8
SECTION TWO:
AMENDMENTS TO SECTION V, PERMITTED USES AND DIMENSIONAL STANDARDS
FOR COMMERCIAL DEVELOPMENT, OF THE PLANNED UNIT DEVELOPMENT
DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE
NO, 08-34, THE HIWASSE PUD
Section V, Permitted Uses and Dimensional Standards for Commercial Development, attached to
Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby
amended to read as follows:
* * * * * * * * * * * * *
5.5 DEVELOPMENT STANDARDS
* * * * * * * * * * * * *
A. Minimum lot area — 20,000 square feet
B. Minimum lot width — 100 feet
C. Minimum yard requirements:
1. Front yard_ meet
Livingston Road — 25 feet measured from the PUD boundary.
Eatonwood Lane — 24 feet measured from the PUD boundary.
2. Side yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all
other requirements of the Collier County LDC are met.
3. Rear yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all
other requirements of the Collier County LDC are met.
* * * * * * * * * * * * *
Page 2 of 5
Words'-�•e'�h are deleted; words underlined are added.
HA2001\2001076\WP\PD1\HEX\Hex Continuance\Hiwasse PUD (PDI-PL20170002544) (1-25-2018).docx
Exhibit "A" to HEX No. 2018-01
Page 3 of 8
SECTION THREE:
AMENDMENTS TO SECTION VI, DEVELOPMENT COMMITMENTS, OF THE PLANNED
UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-753 AS
AMENDED BY ORDINANCE NO. 08-34, THE HIWASSE PUD
Section VI, Development Commitments, attached to Ordinance No. 04-75, as amended by
Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows:
6.2 TRANSPORTATION REQUIREMENTS
* * * * * * * * * * * * *
G. The developer, or its successors in interest, shall met grant, free and clear of
all liens and encumbrances at no cost to the County, an easement to allow a 10 -
foot wide bike path/sidewalk along the existing FPL service road upon request by
the County. The location of the bike path/sidewalk shall be consistent with the
alignments for the County's proposed bike path/sidewalk system. The bike
path/sidewalk shall be located as depicted on Exhibit A-1. Construction of the
bike path/sidewalk as well as installation of any associated landscaping, shall be
the responsibility of the County. if FPL does t give its p to leeate th
Lt Lilt
easement,sidewalWbike path within its the er its sueeessers in ,
shall eenstfuet the 6 feet wide sidewallb(bike —Effi Read,;
6.3 UTILITY REQUIREMENTS
* * * * * * * * * * * * *
C The developer, or its successors in interest shall grant at no cost to the County and free
and clear of all liens and encumbrances a 20 -foot wide county utility easement within the
FPL easement to accommodate both the relocation of the existing 8 -inch forcemain
encroaching on the property along the Livingston Road frontage, and a new 24 -inch
forcemain necessary to connect the North and South Regional Water Reclamation
Facilities The developer, or its successors and/or assigns shall grant at no cost to the
County and free and clear of all liens and encumbrances a temporary county utility
easement to the County for the existing 8 -inch forcemain encroaching on the property
along the Livingston Road frontage The temporary easement shall terminate one year
after the official acceptance of the public improvements by the Board of County
Commissioners of Collier County Florida or on completion of the project, whichever
comes first See Exhibit A-1 for graphic illustration of easement locations and
dimensions.
Page 3 of 5
Words stfuek Elfeugh are deleted; words underlined are added.
HA2001\2001076\WP\PDI\HEX\Hex Continuance\Hiwasse PUD (PDI-PL20170002544) (1-25-2018).docx
Exhibit "A" to HEX No. 2018-01
Page 4 of 8
D The develo-er, or its successors in interest shall grant, at no cost to the County and free
and clear of all liens and encumbrances a 15 -foot wide county utilily easement located
on the southern portion of the property to provide for connection to the relocated
forcemain described in Section 6.3 C. See Exhibit A-1 for graphic illustration of
easement locations and dimensions.
Page 4 of 5
Words struck thfou are deleted; words underlined are added.
H:\2001\2001076\WP\PDI\HEX\Hex Continuance\Hiwasse PUD (PDI-PL20170002544) (1-25-2018).docx
Exhibit "A" to HEX No. 2018-01
Page 5 of 8
SECTION FOUR:
AMENDMENTS TO SECTION VII, DEVIATIONS, OF THE PLANNED UNIT
DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED
BY ORDINANCE NO. 08-34, THE HIWASSE PUD
Section VII, Deviations, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34,
The Hiwasse PUD, is hereby amended to read as follows:
7. DEVIATIONS
A. A deviation from Section 4.06 02 C.4 which requires a 10 -foot wide Type "D"
landscape buffer along_ the southern PUD perimeter boundary, abutting
Eatonwood Lane to allow no landscape buffer abuttingL Eatonwood Lane for a
distance of 155' as depicted on Exhibits A and A-1. S,.r...ee fi .., 6.06.02.A.1 of+,�o
r„i�r-C
feet wide sidewalk and bike pa4h a4eng Liyingsteft Read. I
B. A deviation from Section 4.06.05—C which requires that all commercial building
have foundation plantings located adjacent to building entrance(s), primary
facades and/or along facades facing a street, to allow the required building
foundation plantings to be located in landscape areas throughout the site. This
deviation is applicable only to the automobile self -storage use.
Page 5 of 5
Words skmek-tlweagh are deleted; words underlined are added.
HA2001\2001076\WP\PDIIHEX\Hex Continuance0wasse PUD (PDI-PL20170002544) (1-25-2018).docx
1 E�chibit "A" to HEX No. 201 - 1
OI O h I N Y '6
ON: 01N-Uy
6 Page 6 b �
Iy IJ o
z of Y ILLJ
In m 6 N
OQNz <IU 06.tl <� n Om V1 $ 'I.j Y [[[
llu�ll \\ $`"` U0 _ 6�
LJ l \YI 1� 1 J O I 11 O N 11 I (
I m:. r IYI wA� In e k
LI n J ' r I NI
___,235� L
' a
/ r�ii aW kp
YLu
w ill wa
� F�Q i p�y1 j rYLL
\1
9 I { i tl/ LL r tl 11 _ m Z LL Z
Y }�
W Q
1 1 1 I I ., XJ rt@@fir J
°°
tl I I, I I I I r
tl l I I Z Y y y= W
N
1 1 j I I Z
Z K 1- U i kl
Z x<
W p
I.m . . . U. I k: �O ILI
�CL I IX j {y fn IKm� y m p V
Z U U lr y 7
1 tl l I W' I I Y II I WW < Q Q V
1
JI tl' I p I W m +
Y 1 I Y \\ p
131,
I� a at Lou: 6LL
G Y 1 I. j• �I'V I, r II d O Y II II 0 Q O�8g
_ 11 .II# 1• V Y 1 0 J O KW N fey 8._
< Y tl
4 Z ZM 1f I .I +y YII m (7 LL O W z
tl I I Y II Q p W_ g z
7 W p i i J 1 1 i = Il] 4 0 0 LL
4 O Y Y I., I� Y 11 Y N u+ Z Q F
Z W 11 1 j
W tl 1 N 4 1 F Z J
z J i N
Z* W
tl Y LI. Z. 6 r. N l Y w a F N
W tl 1 I' � W�< W j; i.�i, 'T. ytly N Y O 1 (/Q� U 1{� .. 7 Q W W
1 0 1 W w F N 3 W N
1 ; .
1z < N l a in s` "'�`.>. �; N I Y 1 (L
N r 1j' < rII= I LL o x i��d
o N n i 0 1 itQI
N 1 IL
CL 4c Z
p tl l I r tl h 0 1 <
I. Ih z
N I j I I N
Y 1 I W
0 .ii
1 1 i 4n u II i w e a r
M I
p
Y y
m m
1 II
IL CL. 2
w u I I i��1 i �r w W
tl I j 1 m j ll1 i Q Q O Yw, a
x 1 1 1 I® 1r] <W{ V
Y I m I 1 I _
Aµ"J'^ _ M 1 C Q
e 8 G fi W
II 11
' I W lel �/ I U rye:; ^ h ; Q 1 N a. K W W
w � I I In .� �,�; xY
1
j\ C 1yJ 111y 1. Z
la h _. 4W lW` X33
t} 41 mm — — — —' LL L4g < W
Y tl l L —
Y 1 o m O S n m 2jlo m
__}___.__ _____________ ---------_ yJ ._ J Ir O O
Ir
_______ 3NVI 400MNOIV3 I-------------
a dry
W �1 U r
N -�h // - + 0 _ {L ZZ p W im-
Y IL 0 y W
0
` O zS�
LZ <
=m i = �m Qw + MI i o °J � < � R 44 @ g
= J W IIA ,,9y9yyy U 5d�
W 2< M,®v N 1 Z i F 3 O � F
W Y O i I "'777
Z Y ®®
I .w........��w .....� -..a .... r.�w-..w w....�.w.r..wnw�.n.en.
Exhibit "A"
to HEX No. 201 &PI
o
Page .7
LU
N b
II �,j
Ij
w a p
1�-'1
II
11
II yl
� O n■ 8
e N
---------------
---------------------------
-
_
3NVl
QOOMNOIV3
� I
a
p®■[9
iY3
y
E
a
I i
Z,�u i
LLZ
O- i
cW
z
Tc----_--------------- ------ --- ------ =4
- ----------1
i
-
f"------.___-_
Q Q
F J C
i
_
i
i
mQW
H
=pz
—
- --�- —
- -'— -
- .-.
W F`
-- -- - ----- ---- ---- --- -
Ti
8 � m
m
Z W
� ? U Jr
aV < I
gW o
o
02
QVWj
li ,III
<i i`aoi
�i iii
o< �
�€ Owo o
N o
�
C
WQ
W
pry
N' ZI
Imo'
I �FXI
O^ d K N w
11 II
O
N 1
I� N
I
a.
2
In i
/115
aU
€
I• U
�
� I I I
�\ �
a c`i
z �
'll ii
II � I
-
II
0
to I
1 1U
W J
0
��
0�
II ii
�
i i
i i I
m Y/
N
<Mw
W�
W
II ii
II it
O
I I
w
0
ED
uJ
1I'
0
0
<W�
z
i
m
w I
�
I
woc�j�
�f�W
�-
11
O
WO!20<
<
II
11
I
i
b
li III
II 11
II I1
F � I; j
<
Y I I
O- o
ND7W
O�
Z,QqJ�
C
C
I' ill
z
Z
Ii I
N
F Gi m 0
II 11
l
mm
d F I
U (n j
-:Iii
W
V
? t(tynyII
QU
�i <U a' z
111
ll
l
w
N<1-vyiF-
Illi'
N
I'
LU
I
O
Z W (// Z U
if
II
�i
III
W I lil I
I, 1
B
N
;I I
Ii
ii
0 j
3 i; �
K
d
II
i
a
II
II
II
II
II I I
II II
II
II
II
,
,I ,I
W
Z
II
II
< I
Ij SI1
w
_
u
I
I,
u
II
II
mI
I, I �I'
j I FIS
y
i, I i
a II WI
_
LO
co
0
zui
Y
pm
FFF
i1
I
w
�0
II
'i
I
II I I I
�
I
II
II I I
y
p
wr.x..w a..ur W.�i.� �ia� u w irwuv�>u�. an �.rti ��alWr�n IWv�+%�wUu�mq�mnw
0
W
OJ
J W
W U
J �
O CL
Exhibit "A" to HEX No. 2,018-01
M
11
r
— — — — — — — — — —
-
---- ----'—
GVWJ
NOISONIII—_�------
---�
_
----
— ——
ui
-j
Q-�� ]---
to
W O
W Z
Q
--
------ ----
--
0°
m
as
_
()�
—m
—
F S
=�/�
Q
W
-J=O
�W
(�
WII
a7 O
LJ
VJ/
Z
8
�sl
2
b3
— —
U
cn m
Q
�_
—
_
------
-------------
�--
`� �+
r
Z
12 m
a r
�W Y
WV
Z¢=
zQ
'
Zaa
Y
ofw
(w
Q'^ m
11
r