HEX Final Decision 2021-34HEX NO. 2021-34
HEARING EXAMINER DECISION
DATE OF HEARING.
August 12, 2021
PETTTInN
PETITION NO. RPUD PDI - PL20200002165, RPUD PDI Rockedge - Request for an
insubstantial change to Ordinance No. 16-03, the Rockedge Residential Planned Unit
Development (RPUD), Ordinance No. 16-03, as amended, to amend Exhibit F,
Transportation Commitment "A" to allow for a payment -in -lieu option for the future
construction of the required Collier Area Transit (CAT) bus stop with shelter. The property
is located near the northeast corner of the intersection of Sabal Palm Road and Collier
Boulevard in Section 23, Township 50 South, Range 26 East, Collier County, Florida,
consisting of 106.44+/- acres.
GENERAL PURPOSE FOR THE PETITION.
An insubstantial change to the Rockedge Residential Planned Unit Development (RPUD), Exhibit
F, the Transportation Commitment "A", to allow for a payment in lieu option for the developer for
a future construction of a required Collier Area Transit (CAT) bus stop with shelter.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. 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. The Petitioner and/or Petitioner's representative presented the Petition, followed by County
staff and then public comment. There were no objections at the public hearing.
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6. The Neighborhood Information Meeting (NIM) was held on April 29, 2021, at Shepard of the
Glades Church, 6020 Rattlesnake Hammock Road, Naples, Florida.
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.I
Section 10.02.13.E.1 Criteria:
1. Is there a proposed change in the boundary of the Planned Unit Development (PUD)?
The record from the public hearing reflects there is no proposed change in the boundary
of the PUD.
2. 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 public hearing reflects there is no proposed increase in the number
of dwelling units or intensity of land use, or height of buildings within the development.
3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas
within the development in excess of five (5) percent of the total acreage previously
designated as such, or five (5) acres in area?
The record from the public hearing reflects there is no proposed decrease in preservation,
conservation, recreation, or open space areas within the development as designated on the
approved Master Plan.
4. 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 public hearing reflects the requests do not impact the size of non-
residential areas or proposed to relocate such areas within the PUD boundary.
5. 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 Hearing Examiner's findings are italicized.
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The record from the public hearing reflects there are no substantial impacts resulting from
this amendment.
6. 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 public hearing reflects the proposed amendment would not result in
land use activities that generate higher levels of vehicular traffic based upon the Trip
Generation Manual published by the Institute of Transportation Engineers.
7. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
The record from the public hearing reflects the proposed changes will not impact or
increase stormwater retention or increase stormwater discharge.
8. 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 public hearing reflects there will be no incompatible relationships
with abutting land uses.
9. 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 elements
of the Growth Management Plan or which modification would increase the density of
intensity of the permitted land uses?
The record from the public hearing reflects the proposed changes to the PUD Document
would be consistent with the future land use element (FLUE) of the growth management
plan (GMP) and no changes to the PUD Document are proposed that would be deemed
inconsistent with the Transportation Element of the GMP. This petition does not propose
any increase in density or intensity of the permitted land uses.
10. 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. 380.06 (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 public hearing reflects that due to the limited nature of this request, a
determination and public hearing under F.S. 380.06(19) will not be required.
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11. 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 public hearing reflects the proposed change is not deemed to be
substantial.
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 public hearing reflects the proposed changes do not affect the original
analysis and findings for the original application.
ANALYSIS.
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-PL20200002165, filed by
Kenrick S. Gallander, AICP of RWA, Inc. representing Forestar (USA) Real Estate Group, Inc.,
with respect to the property in the Rockledge Planned Unit Development (RPUD), Ordinance No.
16-03, as amended, and described as the northeast corner of the intersection of Sabal Palm Road
and Collier Boulevard in Section 23, Township 50 South, Range 26 East, Collier County, Florida,
for the following:
• An insubstantial change to Ordinance Number 16-03, the Rockledge Planned Unit
Development to amend PUD Exhibit F, Transportation Commitment "A" to allow for a
payment in lieu option for a future construction of a required Collier Area Transit (CAT)
bus stop with shelter.
Said changes are fully described in the Proposed Language to Ordinance 16-03, as amended,
Exhibit F, Transportation Commitment "A", attached as Exhibit "A" and are subject to the
condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Proposed Language to Ordinance 16-03, as amended, Exhibit F, Transportation
Commitment "A".
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LEGAL DESCRIPTION.
See Ordinance No. 16-03, as amended and described as the northeast corner of the intersection of
Sabal Palm Road and Collier Boulevard in Section 23, Township 50 South, Range 26 East, Collier
County, Florida
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
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.
APPEALS.
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.
August 24, 2021
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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EXHIBIT "A"
EXHIBIT F
Rockedge Residential Planned Unit Development
DEVELOPMENT COMMITMENTS
PUD MONITORING:
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-
out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until
close-out of the PUD. At the time of this PUD approval, the Managing Entity is Watermen at
Rockedge Naples, LLC or its assigns. Should the Managing Entity desire to transfer the monitoring
and commitments to a successor entity, then it must provide a copy of a legally binding document
that needs to be approved for legal sufficiency by the County Attorney. After such approval, the
Managing Entity will be released of its obligations upon written approval of the transfer by County
staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell
off tracts, the Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the new
owner's agreement to comply with the Commitments through the Managing Entity, but the
Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is
closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment
of PUD commitments.
Commencing with submittal of the first development order that utilizes TDR credits, a TDR
calculation sheet shall be submitted documenting that the owner has acquired all TDR credits
needed for that portion of the development. The calculation sheet tracks the chronological
assignment of TDR credits with respect to all subsequent development orders until the maximum
density allowed by the utilization of TDR credits has been reached (all TDR credits allowing
residential development reach a zero balance).
TRANSPORTATION:
A. At the request sole discretion and decision of Collier County, prior to the first Certificate
of Occupancy issuance and at no cost to the County, a Collier Area Transit (CAT) bus stop
with shelter and associated access pathwU will either be installed by the developer or a
payment -in -lieu will instead be provided by the developer. at no eest to the Ceunty. The
payment -in -lieu amount shall be the reasonable cost for the construction of a bus stop with
shelter and associated access pathways and shall be first approved by the County Manager
or their designee in coordination with CAT. The exact location will be determined during
site development plan review; however, every effort shall be made for co- utilization of
the CAT stop for a school bus pick-up and drop- off. This shall be coordinated with the
Collier County School District. If co- utilization is determined not to be feasible, then a
site for school bus drop- off and pick-up shall be provided internal to the site.
Page 1 of 1 12-09-2015 Rockedge RPUD
PL# 2014.2246
Revised: June 2, 2021