HEX Final Decision 2016-12 HEX NO. 2016— 12
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20150002353 —Terracina II, LLC requests an insubstantial change
to Ordinance Number 87-15, as amended, the Bretonne Park Planned Unit Development,
to allow a maximum of 270 assisted living facility units of which up to 60 may be skilled
nursing beds in place of 210 assisted living facility units and 60 skilled nursing beds. The
property is located between Radio Road and Davis Boulevard approximately 1/2 mile west
of the intersection of Santa Barbara Boulevard and Radio Road in Section 5, Township 50
South, Range 26 East, Collier County, Florida, consisting of 11.68± acres.
DATE OF HEARING: April 14, 2016
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on 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 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 is approved.
ANALYSIS:
Staff received several emails expressing a need for further clarification of this application from
nearby residents. Staff received no objections after clarifications were provided.
One member of the public expressed concerns over the original access bridge and the
maintenance arrangements for that entry, but stated no opposition to this application. This
application does not impact nor change any aspects regarding the applicant's use of the bridge.
This application is for an insubstantial change to a Planned Unit Development (PUD) that is also
a Development of Regional Impact (DRI). The applicant has obtained a clearance letter from the
South Florida Regional Planning Council (SFRPC) that this project is considered "an essentially
builtout DRI" and no amendment is necessary for the DRI.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20150002353, filed by Robert
J. Mulhere of Hole Montes, Inc., and Burt Saunders, Esq., on behalf of Terracina II, LLC, with
respect to the property as described herein, for the following insubstantial changes:
• to revise PUD Section 4.2, Uses Permitted, to allow a maximum of 270 assisted living
facility units of which up to 60 may be skilled nursing beds in place of 210 assisted living
facility units and 60 skilled nursing beds.
Said changes are fully described in the Bretonne Park PUD amendment attached as Exhibit "A,"
and are subject to the condition(s) set forth below.
[15-CPS-01500/1250077/1]45 1 of 2
ATTACHMENTS: Exhibit A—PUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 87-15, as amended, the Bretonne Park PUD.
CONDITIONS:
1. 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. 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.
Po.,1 9 AilIAL
Date Mar Strain, Hearing Examiner
A; loved as to form and legality:
kala'-
Sc. A. Stone
Assistant County Attorney
[15-CPS-01500/1250077/1]45 2 of 2
Exhibit "A"
SECTION ONE:
AMENDMENT TO SECTION 4, COMMERCIAL DEVELOPMENT REGULATIONS,
SUBSECTION 4.2, USES PERMITTED, OF THE PUD DOCUMENT ATTACHED TO
ORDINANCE NO. 87-15, AS AMENDED, BRETONNE PARK PLANNED UNIT
DEVELOPMENT
Section 4.2, Uses Permitted, of the PUD Document attached to Ordinance No, 87-15, as
amended, Bretonne Park Planned Unit Development, is hereby amended to read as follows:
4.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land
used in whole or part, for other than the following:
A. Principal Uses:
1. Principal Uses: An-aAssisted living facility (ALF)/ and a skilled nursing
facility (SNF). The assisted living facility ALF/SNF shall contain a
maximum of 24-0 270 units and the of which up to 60 may be SNF beds,
skilled nursing facility shall contain a maximum of 60 beds, and further be
subject to the F.A.R. requirements established in Section 2.6.26 of the
Land Development Code.
2. Maintenance/utility site.
B. Accessory Uses:
1. Customary accessory uses and structures.
2. The assisted living facility and skilled nursing facility may include
accessory retail/personal service facilities such as sundry shop, gift shop,
hairdresser, dry cleaning, home health care services and other similar uses.