HEX Final Decision 2021-33HEX NO. 2021-33
HEARING EXAMINER DECISION
DATE OF HEARING.
July 22, 2021
PETITION.
PETITION NO. PDI-PL20200001294 - Request for an insubstantial change to Ordinance
Number 11-41, the Hacienda Lakes Mixed Use Planned Unit Development (MPUD), to
modify Exhibit B — Development Standards, Operational Characteristics for Senior Housing,
specific to "Hacienda Lakes Tracts G and I" and designated as Residential/Medical Use
(R/MU) on the Master Plan for proposed development of senior housing units affordable to
households with less than 80% Annual Median Income, and to add site development
standards specific to a portion of Hacienda Lakes Tract I for the 160-unit affordable senior
housing development known as Allegro at Hacienda Lakes.
GENERAL PURPOSE FOR THE PETITION.
The petitioner seeks to modify operational characteristics required for senior housing for an
affordable senior housing project proposed in the Residential/Medical Use (R/MU) Tract of the
MPUD, and to add an access point to this Tract along Rattlesnake Hammock Road.
STAFF RECOMMENDATION.
Approval with conditions.
FTNDTNGS.
The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the
County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
5. A Neighborhood Information Meeting was conducted on May 17, 2021, at 5:30 p.m.
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6. The Petitioner and/or Petitioner's representative presented the Petition, followed by County
staff and then public comment.
7. The County's Land Development Code Sections 10.02.13.E.1 and 10.02.13.E.2 lists the
criteria for an insubstantial change to an approved PUD Ordinance. The Hearing Examiner
having the authority of the Planning Commission may approve a request for an insubstantial
change to an approved PUD ordinance upon review and evaluation of the criteria in the Collier
County Land Development Code.'
PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA:
LDC Section 10.02.13.E.1:
a. Is there a proposed change in the boundary of the PUD?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that there is no proposed change in the boundary of the PUD.
b. Is there a proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that the proposed senior housing is an allowable use, and there is no proposed
increase in the number of dwelling units or intensity of land use or height of buildings
within the development.
c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas
within the development in excess of 5% of the total acreage previously designated as such,
or five acres in area?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that there is no proposed decrease in preservation, conservation, recreation,
or open space areas within the development as designated on the approved Master Plan.
d. Is there a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial and industrial land uses (excluding preservation, conservation or
open space), or a proposed relocation of nonresidential land uses?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that the proposed amendment is to modify the requirements related to
affordable senior housing and to show an access point from the project's R/MU Tract to
Rattlesnake Hammock Road. There is no increase to the size of areas used or designated
for nonresidential uses and no relocation of non-residential uses.
'The Hearing Examiner's findings are italicized.
Page 2 of 6
e. Is there a substantial increase in the impacts of the development which may include, but
are not limited to increases in traffic generation; changes in traffic circulation; or impacts
on other public facilities?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that there are no substantial increases or changes on traffic or other public
facilities resulting from this change. Senior housing units are an allowable use within the
MPUD and they are limited by the MPUD provision that "in no instance shall greater than
450 senior housing units be developed in the entire MPUD. " The governing MPUD zoning
approval also has a maximum number of trips that cannot be exceeded. The proposed
affordable senior housing is evaluated at time of site development plan (SDP) review based
on the number of units and type of units proposed.
f. Will the change result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation
Engineers?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that the proposed senior housing use is an allowable use. The governing
MPUD zoning approval also has a maximum number of trips that cannot be exceeded. The
proposed affordable senior housing is evaluated at time of site development plan (SDP)
review based on the number of units and type of units proposed.
g. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that the proposed changes are related to operational characteristics of
affordable senior housing and a right-in/right-out connection to Rattlesnake Hammock
Road. The development review process through Collier County and South Florida Water
Management District will require compliance with stormwater permitting requirements,
and the proposed changes do not create an increase to the overall stormwater retention or
stormwater discharge of the PUD.
h. Will the proposed change bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that the change is limited to operational characteristics of proposed
affordable senior housing and site access. The proposed senior housing is a permitted use
within the Residential/Medical Use (R/MU) Tract, therefore the relationship to abutting
land use remains unchanged because of the PDI request.
i. Are there any modifications to the PUD Master Plan or PUD Document or Amendment to
a PUD Ordinance which is inconsistent with the Future Land Use Element or other
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elements of the Growth Management Plan or which modification would increase the
density of intensity of the permitted land uses?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that the proposed changes are consistent with the future land use element
(FLUE) of the county's growth management plan (GMP). Environmental and
transportation planning staff reviewed this petition, and no changes were deemed
inconsistent with the conservation and coastal management element (CCME) or the
Transportation Element of the GMP. This petition does not propose any increase in density
or intensity of the permitted land uses.
j. The proposed change is to a PUD District designated as a Development of Regional Impact
(DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change
requires a determination and public hearing by Collier County pursuant to Sec. 3 80.06 (19),
F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to
a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed
and approved by Collier County under Section 10.02.13 of the LDC.
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that the Hacienda Lakes MPUD is designated as a DR[, and the proposed
changes do not require hearing by Collier County pursuant to the guidelines under Section
380.06, Florida Statutes and does not constitute a substantial deviation. The proposed
change is following the process outlined in Land Development Code Section 10.02.13
governing Planned Unit Developments.
k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a
PUD ordinance which impact(s) any consideration deemed to be a substantial modification
as described under Section(s) 10.02.13 E.?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that the proposed change is not deemed to be substantial.
LDC Section 10.02.13.E.2 Criteria:
1. Does this petition change the analysis of the findings and criteria used for the original
application?
The record from the subject public hearing, including expert testimony and evidence,
demonstrate that the proposed changes do not affect the original analysis and findings of
the original PUD application in Petition PUDZ-2006 AR-10146. An excerpt from the staff
report prepared for that petition is provided as Attachment D, PUD & Rezoning Findings
of Fact for Petition PUDZ-2006-AR-10146.
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ANAI,VCLC
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Sections
10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL20200001294, filed by
Alexis Crespo, AICP of Waldrop Engineering representing Hacienda Lakes of Naples, LLC and
McDowell Housing Partners, with respect to the property as described in the Hacienda Lakes
Mixed Use Planned Unit Development (MPUD), Ordinance No. 11-41, as amended, for the
following:
• An insubstantial change to Ordinance Number 11-41, as amended, the Hacienda Lakes
Mixed Use Planned Unit Development (MPUD), to modify Exhibit B — Development
Standards, Operational Characteristics for Senior Housing, specific to affordable senior
housing units for households with 80% Area Median Income or less to eliminate
operational characteristics related to on -site dining facilities, group transportation, and
devices for emergency service provider notifications; and to provide a vehicular access to
Rattlesnake Hammock Road for the Residential/Medical Use (R/MU) Tract where the
affordable senior housing is proposed.
Said changes are fully described in the Master Plan Revisions attached as Exhibit "A" and the
Amended Hacienda Lakes MPUD as Exhibit `B" and are subject to the condition(s) set forth
below.
ATTACHMENTS.
Exhibit A — Master Plan Revisions
Exhibit B — Amended Hacienda Lakes MPUD
LEGAL DESCRIPTION.
See Ordinance No. 11-41, as amended
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The TIS shall use ITE use code 252 Senior Living Attached due to the limited on -site
services to better reflect projected trip generation.
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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.
APPF, AI N.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and 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.
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
LEGEND NORTH
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® PROJECT AREA = 6.71± ACRES
TRACT "C" = COMMERCIAL NOT TO SCALE
TRACT "R/MU" = RESIDENTIAL/MEDICAL USE
TRACT "R" = RESIDENTIAL
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PREPARED FOR: SECTION: TOWNSHIP: RANGE: COLLIER COUNTY CIVIL ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE
PREPARED
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28100 BONITA GRANDE DRIVE -SURE 305
7742 ALICO ROAD REVISION DATE: 11/11/2020 P: 239-405-7777 SPRINGS, 239-4057899
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EXHIBIT "B"
EXHIBIT B
DEVELOPMENT STANDARDS
Operational Characteristics for Senior Housing
a. The facility shall be for residents 55 years of age and older;
b. There shall be on -site dining facilities to the residents, with food service being on -site, or catered;
c. Group transportation services shall be provided for the residents for the purposes of grocery and other types
of shopping. Individual transportation services shall be coordinated for the residents needs, including but
not limited to medical office visits;
d. There shall be an onsite manager/activities coordinator to assist residents, who shall be responsible for
planning and coordinating stimulating activities for the residents;
e. An on -site wellness facility shall provide exercise and general fitness opportunities for the residents.
f. Each unit shall be equipped with devices provided to notify emergency service providers in the event of a
medical or other emergency;
g. Independent living units shall be designed so that a resident is able to age in place. For example, kitchens
may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms
may be retrofitted by adding grab bars.
h. Lands described as Hacienda Lakes Tracts_ti and 12nd designated as RLMU-on the Master Plan are subject
to...the_ 9lJQwit Quc1Luuclxhous$Q%..Arknual.
Median lacome-Urt i] or place for noless than thirty (M years.fromtlte
date of issuance of the first Certificate of Occupancy. In combination with the commitment to affordabililty. the
following operational characteristics apply to this project:
a. The facility shall be for residents 62 years of age or older:
b. There shall be an onsite manger/ activities coordinator to assist residents, who shall be responsible
for planning and coordinating; stimulating activities for the residents;
c. An on -site wellness facility shall provide exercise and general fitness opportunities for the residents;
d. Independent living units shall be designed so that a resident is able to age in place. For example,
kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident
or bathrooms may be retrofitted by adding gab bars.
e. The TIS shall use ITE use code 252 Senior Living Attached due to the limited on -site services to
better reflect projected trip generation.
n addit'o ... to the Aoye operational characteristics the followin 1jite_ design_ characlen tiCS annoy ;p the
Allegro at Hacienda Lakes_prok&A-.Uands described in PL202000 17
a. All prinetpal_stuctures on Tract I will be set back a minimum of 80 feet from the parcel
boundary.
b. The one l ) Unl2ster external to the building on Tract I will_bg located onAhe a st ide
principal strtrctur_e and a minimum of 350 feet from the southern provert3± line. The dumpster
will be concrete block _enclosure _with -Rates and shall be -Roncrally used for disposal_of bulk
Hacienda Lakes MPUD Words stmak dwough are deleted;
Last Revised: Jwmar-y 29, 2 June 16. 2021 Words underlined are added
household items such.as fum_ iture. Household refuse, such as food products, will be housed
in trash compactors internal to theprincipal stnicture,
c. An enhanced 10-foot Type "A" buffer will _be provided on Tract I along the portion of the
southern property line adjacent_ to Esplanade at Hacienda Lakes meeting the following
minimum specifications:
1. Total of 44 trees comprised of 11 canopy trees and 33 sabal palms.
2. CanoU trees shall be a minimum of 10 feet tall at the time of planting,
3. Sabal palm trees shall be a minimum of 15'-30' staggered height at time ofplgnting grour�ed
in clusters with a minimum of three {3) palms per cluster,10 feet on center.
d. Temporary construction fencing with a minimum height of fv feet shall in lle
along th;jgMjhViLand eastern_p 2peerty lines__ throughout ft duration of construction activities
gnd shall include screen mesh fabric.
e. A_ 6-foot-tall earthtone brown or beigeZ_PVC_fenceshall be installed along the southem
portion of the easternproperty line as shom.onn Exhibit C-1.
f. All light fixturealpoles will be limited to a maximum height of 25 feet and will be "Dark
Skies" com lip •ant. Exterior wall lighting, on the building shall not be. located above the
second _story,
g. On -site security measures shall include a recorded license plate reader at the entrance to the
Allegrg at Hacienda Lakes. All recorded data is private and �onf ritial_and_will be provided
1o. Law .e .forcement upon their request,
h. The developer/operator agrees to provide a Resident Assurance Check -In Program materially
The devellpWr wi]l_provideand-use an established system of checkisin with each resident
on a pre -determined basis not less than once per day, at no cWUgj_hg rCfiWnL.RO dents_may
opt out of this program with a written certificate that they choose not to participate.
Hacienda Lakes MPUD Words stfuek &eug6 are deleted;
Last Revised: 3aeaary 29, 2 June 16, 2021 Words underlined are added