HEX Final Decision #2025-42HEX NO. 2025-42
HEARING EXAMINER DECISION
DATE OF HEARING.
November 13, 2025
PETITION.
Petition No. CUD-PL20250009732 - Tamiami Trail Greenway Road MPUD -Request for a
Determination that use of Group Care Facilities (Hospice) (Sic 8361) is comparable and
compatible with the permitted uses in Tract "C" of the MPUD (Ordinance No. 25-06)
District. The subject property is a vacant commercial parcel with Folio No. 00739160004,
Naples, FL 34114, i Nn Section 12, Township 51 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner requests a determination that the proposed use of "Group Care Facilities" (Hospice)
(SIC 8361) is comparable and compatible with the permitted health -related uses in Tract "C" of
the Tamiami Trail Greenway Road Mixed Plan Unit Development (MPUD) Zoning District.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County Code %J Ordinances, Sec. 8.10.00 of the all 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 public hearing was conducted in the following manner: the County Staff presented the
Petition followed by the Petitioner, and/or Petitioner's representative, public comment and then
rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the
public hearing.
5. The County Code of Ordinances Sec. 247 directs the Hearing Examiner to review this
comparable use petition by the Land Development Code (LDC) Section 10.02.06 K.2. criteria.
Per LDC Sec. 10.02.06 K, a Comparable Use Determination (CUD) determines whether a
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use at a site -specific location is comparable in nature with the list of permitted uses, and the
purpose and intent statement of the zoning district, overlay, or PUD. Approval of a CUD made
at one location shall not be construed to mean the use is entitled in a different location. The
Hearing Examiner shall determine that the comparable use is permissible in the applicable
zoning district, and shall make a decision of approval, approval with conditions, or denial of
the comparable use. The Hearing Examiner's decision of approval or approval with conditions
shall find that the granting of the comparable use will not adversely affect the public and any
specific requirements pertaining to the comparable use have been met by the petitioner.
1. The proposed use possesses similar characteristics to other permitted uses in the
zoning district, overlay, or PUD, including but not limited to the following,
The record evidence and testimony fi°om the public hearing reflects that the following
criteria below are comparable based on the enclosed statement.
i. Operating Hours:
The applicant stated that Hospice care is provided on a 24-pour basis, 7 days per•
meek. The MPUD has no limitations on hours of operation for any permitted use.
Count3� staff stated that there are no restrictions on operating hours for any
a11014)able use within the Tamiami Trail Greenway MPUD; operating hours for that
t11e of business range 24 hours a day, 7 days per week.
la. Traffic Volume Get2erated/Attracted:
The applicant stated that Hospice use generates far fewer• traffic trips than many
other per°miffed uses, as evidenced by the attached trip generation report.
County stc�agreed 1��ith t1�e tr°ip generation report, stating that an assisted living
facility generates less traffic than a medical -dental off ce, variety store, str ip retail
plaza, supermarket, and high -turnover restaurant, all of which are permitted uses
1Othin the MPUD.
iii. Type of vehicles associated with the use:
The applicant stated that vehicles associated �a�ith Hospice include employees' and
guests'personal vehicles. Ser°vice vehicles �-gill consist of delivery vehicles for lir�en
and food services. These vehicles are similar to those serving the other permitted
uses within the MPUD.
Count�) staff agreed that the vehicles to be used in association 11ifith the proposed
mill primarily include personal vehicles for both employees and guests, as i-vell as
service vehicles for delivering linen and food services, ii;hich generate less traffic
1 The Hearing Examiner's findings are italicized.
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than a medical -dental office, variety store, strip retail plaza, supermarket, and
high -turnover• restaurant.
iv. Number and type of requil ed pai icing spaces.
The applicant stated that the Collier Count3� Land Development Code does not
specify a parking standard for Hospice use; however, it is anticipated that parking
will be provided in a manner similar to what is required for an assisted living
facility.
County staff agreed there is no specif c parking standard for Hospice use; however•,
in accordance with LDC 5.05.04. D. 3. b, a requirement of 0.075 for each assisted
living unit is indicated
v. Business practices and activities:
The applicant stated that Hospice 1-vill offer in -home, outpatier�t, and short-term
inpatient care for individuals with terminal illnesses. Services at the facility will
occur indoors, and the building will be designed to meet the County's
architectural standards.
County staff supported this and determined the business practices and activities
r°elated to Hospice care 1-vill provide comprehensive support through in -Home,
outpatient, and short-term inpatient care for individuals facing terminal illnesses.
'lie applicant is committed to meeting the County's architectural standards for•
the facility) and maintaining a safe and ivelcoming environment for patients and
their families.
2. The effect of the proposed use would have on neighboring properties in relation to
the noise, glare, or odor effects shall be no greater than that of other permitted uses
in the zoning district, overlay, or PUD.
The r°ecor°d evidence crud testimony from the pzrblic hearing reflects that the crppliccrnt
stated that Hospice will offer in-house, outpatient, ar�d short-ter°rn inpatient care for
individuals with terminal illnesses. Services at the facility will occur indoors, and the
building will be designed to meet the County's architectural standards. County) staff stated
that this is consistent with the proposed permitted uses on the subject property and there
will be no anticipated negative effects of noise, glare, or odor.
3. The proposed use is consistent with the GMP, meaning the applicable future land use
designation does not specifically prohibit the proposed use; and, where the future
land use designation contains a specific list of allowable uses, the proposed use is not
omitted.
The record evidence and testimony from the public hearing reflects that the applicant
stated that the MPUD is located 1-vithin the Tamiami Tr°ail Greens-vay> Road Mixed Use
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Subdistrict of the Future Land Use L, lement. This Subdistrict permits up to 64, 000 square
feet of commercial uses i-vith the intensity of Commercial Intermediate (C-3) uses. The
proposed Hospice is comparable to Group Care Facilities that are permitted by right in
the C3 Zoning District. County staff stated that the proposed use aligns with the GMP
because it is situated within the Urban Designation and the US 41 East Overlay District,
making it consistent with the FLUE.
4. The proposed use shall be compatible and consistent with the other permitted uses in
the zoning district, overlay, or PUD.
The record evidence and testimony ji°om the public hearing reflects that the applicant
stated that Hospice use is compatible with other commercial uses permitted within the
MPUD, including a varieiy of retail, office, medical, and service uses. Count) staff
supports and determines that the SIC Code 8361 Residential Care, which is used to ident )
gr°oarp housing and assisted living facilities, is compatible with the already permitted uses
in the MPUD, such as Health services, offices, clinics, home health care services, social
services, and individual and family centers.
5. The proposed use shall be compatible with the surrounding neighborhood.
The record evidence and testimony from the public hearing reflects that the applicant
stated that the Hospice will be compatible with the surrounding neighborhood. The MPUD
prescribes specific buffering requirements for the perimeter of the commercial tract,
including an internal buffer to the residential component of the MPUD. The commercial
tract is adjacent to non-residential uses located to the northwest and southeast. Residential
uses are located to the south across the 200' wide Tamiaini Trail East ROW. Extensive
bz ffers exist within that residential community, and the proposed Hospice use Will not be
any more impactful than other commercial uses currently permitted County staff has
concluded that the Hospice will be compatible 1-n4th the surrounding neighborhood and i-vill
meet the MPUD's specific buffering requirements. This hill ensure it aligns with both the
commercial and residential areas. Furthermore, the proposed Hospice swill not generate
any additional impact compared to the current commercial uses that are already permitted
6. Any additional relevant information may be required by the County Manager or
designee.
The record evidence and testimony from the public hearing reflects that the applicant
stated that Hospice use provides health -related services comparable to those of other uses
within PUD thatprovide social, health, and medical services. Use is also allot -teed by right
in all conventional commercial zoning districts. Tf7e have attached copies of the MPUD
Ordinance 25-06, the Tamiami Trail G1•eeniway Road Mixed Use Subdistrict Ordinance
25-05, and a trip generation report comparing the Hospice use to other permitted uses on
the subjectproperty. We are requesting that staffconcurred lwith the applicant that Hospice
use is comparable in nature to those permitted uses listed in Ordinance No. 2025-06,
Exhibit A, Tract C Commercial, paragraph I.A. Principal Uses. County staff supports this
proposed use.
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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, 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 Section 10.02.06 K.2. of the Land Development Code to approve
this Petition, and that approval of this petition with conditions will not adversely impact the public.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. CUD-PL20250009732, filed by Wayne
Arnold, AICP, of Q. Grady Minor and Associates, LLC, representing the applicant/owner SREG
Greenway LLC, with respect to the property legally described as a vacant commercial parcel with
Parcel ID 00739160004, Lots 1, 2, 3, 4, 5, 6, and 7 of an unrecorded Plat, which sits on the north
side of the ROW Tamiami Trail East, Section 12, Township 51 South, Range 26 East, Collier
County, Florida, for the following:
• A comparable use determination that the proposed use of "Group Care Facilities"
(Hospice) (SIC 8361) is comparable and compatible with the permitted health -related uses
in Tract "C" of the Tamiami Trail Greenway Road Mixed Plan Unit Development (MPUD)
Zoning District.
Said changes are fully described in the Trip Generation Computations attached as Exhibit "A" and
the Tamiami Trail Greenway Road MPUD Master Plan attached as Exhibit "B", and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A —Trip Generation Computations
Exhibit B —Tamiami Trail Greenway Road MPUD Master Plan
LEGAL DESCRIPTION.
The subject property is a vacant commercial parcel with Parcel ID 00739160004, Lots 1, 2, 3, 4,
5, 6, and 7 of an unrecorded Plat, which sits on the north side of the ROW Tamiami Trail East,
Section 12, Township 51 South, Range 26 East, Collier County, Florida.
CONDITIONS.
1. Provide specific buffering for the perimeter of the commercial tract, including an internal
buffer to the residential component of the MPUD.
2. All other applicable state or federal permits must be obtained before commencement of the
development.
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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.
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,
November 14, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
TABLE 1
TRIP GENERATION COMPUTATIONS
Land Use
Code Land Use Description
254 Assisted Living
720 Medical -Dental Office
814 Variety Store
822 Strip Retail Plaza (<40k)
850 Supermarket
932 High -Turnover Restaurant
Build Schedule
25,000 s.f.
25,000 Safi
25,000 soft
25,000 soft
25,000 safe
Land Use Trip Generation Equation
Code Trip Period (Based upon S.F.) Total Trips
LUC 254 Daily Traffic (ADT) = T = 2.60(X) = 130 ADT
AM Peak Hour (vph) = T = 0.18(X) = 9 vph
60% Enter/ 40% Exit =
PM Peak Hour (vph) = T = 0.24(X) = 12 vph
39% Enter/ 61% Exit =
LUC 720 Daily Traffic (ADT) = T= 42.97 (X)-108.01= 966 ADT
AM Peak Hour (vph) = Ln(T) = 0.90Ln(X)+1.34 = 69 vph
7-9 AM 79% Enter/ 21% Exit =
PM Peak Hour (vph) = T= 4.07(X) - 3.17 = 99 vph
4-6 PM 30% Enter/ 70% Exit =
LUC 814 Daily Traffic (ADT)
_
AM Peak Hour (vph) _
7-9 AM
PM Peak Hour (vph) _
4-6 PM
T= 3.04(X) _
57% Enter/ 43% Exit =
T= 6.70(X) _
51% Enter/ 49% Exit =
Per Collier County ADT =Pass -by =15% ADT and 25% AM & PM
1,592 ADT
76 vph
168 vph
Trips
Enter/Exit
5 / 4 vph
5 / 7 vph
55 / 15 vph
30 / 69 vph
43 / 33 vph
84 / 84 vph
15% Daily Pass -by Rate
25% AM & PM Pass -by Rate
Pass -by Daily Traffic (ADT) = 239 ADT
Pass -by AM Peak Hour (vph) = 19 vph
Pass -by PM Peak Hour (vph) = 42 vph 21 / 21
New Daily Traffic (ADT) = 1,353 ADT
New AM Peak Hour (vph) = 57 vph
New PM Peak Hour (vph) = 126 vph
vph
vph
34 / 23 vph
63 / 63 vph
LUC 822 Daily Traffic (ADT) = T= 42.20(X)+ 229.68 = 11285 ADT
40 k AM Peak Hour (vph) = Ln(T) = 0.66Ln(X)+1.84 = 53 vph 32 / 21 vph
7-9 AM 60% Enter/ 40% Exit =
PM Peak Hour (vph) = Ln(T) = 0.71Ln(X)+2.72 = 149 vph 75 / 75 vph
4-6 PM 50% Enter/ 50% Exit =
Pass -by Trips per ITE= Ln(T) =-0.29Ln(X) + 5.00 = 58% 15% Daily Pass -by Rate
Per Collier County ADT = Pass -by = 15% ADT and 25% AM & PM 25% AM & PM Pass -by Rate
Pass -by Daily Traffic (ADT) = 193 ADT
Pass -by AM Peak Hour (vph) = 13 vph 8 / 5 vph
Pass -by PM Peak Hour (vph) = 37 vph 19 / 19 vph
New Daily Traffic (ADT) = 1,092 ADT
New AM Peak Hour (vph) = 40 vph
LUC 850 Daily Traffic (ADT) = T= 83.39(X) + 539.33 =
AM Peak Hour (vph) = T= 2.86(X) _
7-9 AM 59% Enter/ 41% Exit =
PM Peak Hour (vph) = Ln(T) = 0.82Ln(X)+2.92 =
4-6 PM 50% Enter/ 50% Exit =
Per Collier County ADT = Pass -by = 15 % ADT and 25% AM & PM
2,624 ADT
72 vph
24
260 vph 130 / 130 vph
15% Daily Pass -by Rate
25% AM & PM Pass -by Rate
Pass -by Daily Traffic (ADT) = 394 ADT
Pass -by AM Peak Hour (vph) = 18 vph 9 / 9 vph
Pass -by PM Peak Hour (vph) = 65 vph 32 / 32 vph
New Daily Traffic (ADT) = 2,230 ADT
New AM Peak Hour (vph) = 54 vph 33 / 20 vph
New PM Peak Hour (vph) = 195 vph 97 / 97 vph
Land Use Trip Generation Equation
Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit
LUC 932 Daily Traffic (ADT) = T=107.2(X) = 21680 ADT
AM Peak Hour (vph) = T= 9.57(X) = 239 vph 132 / 108 vph
7-9 AM 55% Enter/ 45% Exit =
PM Peak Hour (vph) = T= 9.05(X) = 226 vph 138 / 88 vph
4-6 PM 61% Enter/ 39% Exit =
Pass -by Trips per ITE= 43% 30% Daily Pass -by Rate
Per Collier County ADT = Pass -by = 30% ADT and 40% AM & PM 40% AM & PM Pass -by Rate
Pass -by Daily Traffic (ADT) = 804 ADT
Pass -by AM Peak Hour (vph) = 96 vph 53 / 43 vph
Pass -by PM Peak Hour (vph) = 91 vph 55 / 35 vph
***************************************************
New Daily Traffic (ADT) = 1,876 ADT
New AM Peak Hour (vph) = 144 vph 79 / 65 vph
New PM Peak Hour (vph) = 136 vph 83 / 53 vph
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