HEX FInal Decision 2019-24 HEX NO. 2019—24
HEARING EXAMINER DECISION
PETITION NO. CU-PL20180000383 — CERTUS PNR OWNER, LLC requests a
Conditional Use to allow an assisted living facility with 64 beds within an Estates (E)
district pursuant to Section 2.03.01 B.1.c.5 of the Collier County Land Development Code
for a 4.68± acre property located on the north side of Pine Ridge Road, approximately 400
feet east of Whippoorwill Lane, in Section 7, Township 49 South, Range 26 East, Collier
County, Florida.
DATE OF HEARING: June 13, 2019
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 Section
10.08.00 D of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
The proposed development is for a 64-bed assisted living facility (ALF) located in the northwest
quadrant of the I-75 and Pine Ridge Road activity center. The property is 4.68 acres and zoned
Estates; the applicant is requesting a Conditional Use as provided for within the estates district
for the ALF. Access to this quadrant is from Pine Ridge Road through the northern extension of
Whippoorwill Lane, which is identified as Kramer Drive on zoning maps. Kramer Drive has a
"T" intersection with Gateway Lane (which extends west bound) and the continued extension of
Kramer Drive (east bound).
The eastern extension is provided for within the first parcel, which also abuts the applicant's
property on the east. This access provision is consistent with the PUD master plan for that parcel
approved as the Angileri PUD in 1996. The applicant's property is one of five properties to the
east of the Angileri PUD. The first two properties to the east of the applicant's property are
zoned as PUDs: Pine Ridge Corners in 1998 and the Clesen PUD in 1998 and 2005. The
remaining two properties further east are zoned Estates.
Initially the parcels to the east of the Angileri PUD were to connect to Pine Ridge Road at a new
intersection at the southern common boundary between the Certus parcel and the Pine Ridge
Corner PUD. Similarly, the Pine Ridge Corners and Clesen PUDs had interconnections shown
on both east and west sides of their master plans. It was expected that these would have
eventually connected to the applicant's parcel for the new intersection with Pine Ridge Road.
[18-CPS-01768/1484505/1] 1 of 4
As development of the I-75 interchange with Pine Ridge Road matured, an additional
intersection at the applicant's/Pine Ridge Commons line was deemed not possible by FDOT for
transportation safety. The remaining access to Pine Ridge became Kramer Drive for parcels
within this quadrant that are east of Whippoorwill Lane.
The northern borders of all of the parcels in this quadrant abut a residential road, Livingston
Woods Lane, which connects to Livingston Road approximately 1.4 miles to the northwest.
There is no connection to Pine Ridge Road from Livingston Woods Lane making this
connection, while feasible, impractical for commercial uses within this activity center quadrant.
The applicant has agreed to provide a public access easement through their property that will
continue an interconnection of the eastern parcels for eventual connection to Pine Ridge Road.
There was extensive discussion over the specific locations of this interconnecting easement. In
response to comments from property owners to the east, the applicant agreed to provide the
easement supporting a frontage road interconnection through their parcel in a southern alignment
and then connecting to Kramer Drive on their western boundary. This alignment will assist in
providing access for properties within this quadrant to connect to Pine Ridge Road.
The requested Conditional Use is consistent with FLUE Policies 7.2 and 7.3, which promote the
use of internal access roads and interconnection of adjacent developments. The proposed
development will use the existing internal access roadway, Kramer Drive, for all ingress and
egress, which will provide interconnecting access to the commercial developments to the west
and future commercial developments to the east.
DECISION:
Petition Number CU-PL20180000383, filed by Will Reynolds of NARR Construction Services,
LLC, and Mikal R. Hale of Traffic Engineering Data Solutions, Inc., representing Certus PNR
Owner, LLC, with respect to the property hereinafter described in Exhibit "A", is hereby
approved for a Conditional Use to allow an assisted living facility with 64 beds within an Estates
(E) district pursuant to Section 2.03.01 B.1.c.5 of the Collier County Land Development Code in
accordance with the Conceptual Site Plan described in Exhibit "B", and subject to the
condition(s) set forth below.
ATTACHMENTS: Exhibit A—legal description
Exhibit B —Conceptual Site Plan
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
The approval of this conditional use is subject to the following condition(s):
1. All other applicable state or federal permits must be obtained before commencement of
the development.
[18-CPS-01768/1484505/1] 2 of 4
2. The applicant shall provide a public access easement for public vehicular and pedestrian
access over the roadway depicted on the Conditional Use Site Plan, noted as the Kramer
Drive Extension and to the interconnection location, prior to the first Site Development Plan
approval. Collier County will have no maintenance responsibility of the public access
easement. This easement is part of an access roadway from Kramer Road to the parcels to
the east for through connection to the intersection of Pine Ridge Road and Whippoorwill
Lane and applicant has agreed to support this connection.
3. Pine Ridge Road is a designated hurricane evacuation route and is currently at a failing
level of service (LOS F). In accordance with Policy 5.8.d. of the Transportation Element of
the Growth Management Plan, the applicant shall provide a proportionate share congestion
mitigation payment to the County for the future Pine Ridge Road intersection improvements,
prior to the first Site Development Plan approval.
4. The CERTUS Senior Living Conditional Use shall be limited to that which is depicted on
the "CERTUS Senior Living Conditional Use Site Plan — dated 5-20-2019," prepared by
Traffic Engineering Data Solutions, Inc., attached hereto as Exhibit "B".
5. The applicant shall provide the following within the LDC required 20-foot-wide Type
"D" buffer along the southern side of Livingston Woods Lane:
a. An 8-foot-tall architecturally finished opaque masonry wall, which shall have a
common architectural theme with the primary building structure and signage, with the
finished side out towards Livingston Woods Lane.
b. Trees meeting the requirements of LDC Section 4.06.05.D, spaced a minimum of 15
feet on center, shall be planted along the north side of the wall.
c. A single row of shrubs, at a minimum of 24 inches high at planting and spaced a
minimum of 3 feet on center, shall be installed along the north side of the wall.
d. A minimum of 15 trees, at a minimum of 8 feet high at planting, shall be planted
along the south side of the wall.
6. This conditional use is approved based on applicant's representation that the bisecting
easement subject to Chapter 97-346, Laws of Florida has been extinguished, and applicant's
statement that it has the right to use the property. If the statement is not true as determined
by a court of law, then applicant, or its successor and assigns, will have a reasonable period
of time to obtain an amendment to the conditional use for a new conceptual site plan.
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.
[18-CPS-01768/1484505/1] 3 of 4
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 COURTS, 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.
6 "- 2-6 ne li4Ctt, tl irl w
Date ar. Strain, Hearing Examiner
Approved as to form and legalT
:
L4 /- C
He' i Ashton-Cicko
Managing Assistant County Attorney
4 of 4
*** OR 5545 PG 2450 ***
EXHIBIT A
Legal Description of the Brine Property
TRACT 76, UNIT 35,GOLDEN GATE ESTATES,AS PER PLAT THEREOF RECORDED IN
PLAT BOOK 7,PAGE 85,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THE SOUTH 15.00 FEET OF TRACT 76 TAKEN FOR ROAD RIGHT
OF-WAY FOR PINE RIDGE ROAD PURSUANT TO ORDER OF TAKING RECORDED IN
OFFICIAL RECORDS BOOK 2662, PAGE 150 OF THE PUBLIC RECORDS OF COLLIER
COUNTY,FLORIDA.
A-1
Exhibit "B"
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ZONING:E(ESTATES DISTRICT) ZONING:E(ESTATES DISTRICT) ZONING:E(ESTATES DISTRICT) ZONING:E(ESTATES DISTRICT)
FLU:GGAMP RESIDENTIAL ESTATES I FLU:GGAMP RESIDENTIAL ESTATES FLU:GGAMP RESIDENTIAL ESTATES FLU:GGAMP RESIDENTIAL ESTATES
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CERTUS SENIOR LIVING SHEET
iriv*dor COLLIER COUNTY,FL CONDITIONAL USE NUMBER
Traffic Engineering Data Solutions,Inc. PROJECT NO. SCALE DATE SITE PLAN
Phone:386 753.0558 80 Spring Vista Dr.
11109 1"=100' 5120/2019 1 of 2
Fax:386.753.0778 DeBary,FL 32713
Drawing name:Z52017 Projects)11109(CERTUS_Naples)ICADICU)1CONDITIONAL USE SITE PLAN(8.5 X 11).dwg Jun 04,2019 12:42pm by:Karen
Exhibit "B"
Page 2 of 2
SITE DATA PRESERVE
PARCEL ID: 38455000009 PER COLLIER COUNTY LDC§3.05.07.B,COMMERCIAL DEVELOPMENTS LESS
THAN 5.0 ACRES, REQUIRED PRESERVATION IS 10% OF THE NATIVE
SITE AREA: 4.672 ACRES (203,524 SF) VEGETATION AREA.
ZONING: ESTATE DISTRICT(E) REQUIRED PRESERVATION: 10% OF NATIVE VEGETATION = 10% x 0.753
ACRES=0.075 ACRES
FUTURE LAND USE: GOLDEN GATE AREA MASTER PLAN
INTERCHANGE ACTIVITY CENTER GIVEN THAT THE REQUIRED PRESERVATION AREA IS LESS THAN 0.5 ACRE,
THE REQUIRED PRESERVE AREA FOR THIS PROJECT WILL BE PROVIDED
EXISTING USE: VACANT OFF-SITE THROUGH A MONETARY PAYMENT TO COLLIER COUNTY, IN
ACCORDANCE WITH THE PROVISIONS WITHIN COLLIER COUNTY LDC
PROPOSED USE: ASSISTED LIVING FACILITY §3.05.07.H.1.f.
(CONDITIONAL USE)
MAXIMUM FLOOR AREA RATIO(FAR): 0.45
NOTES:
MAXIMUM BUILDING HEIGHT: 30 FT
1. THE IMPROVEMENTS DEPICTED IN THIS PLAN ARE CONCEPTUAL
ONLY AND ARE SUBJECT TO CHANGE DURING FINAL DESIGN AND
SETBACKS AND BUFFERS PERMITTING, PROVIDED THAT ANY CHANGES REMAIN
CONSISTENT WITH THE DESIGN CONCEPT AND MEET ALL
BUILDING SETBACK REQUIRED(FT) APPLICABLE PROVISIONS OF THE COLLIER COUNTY LDC.
FRONT(SOUTH)PINE RIDGE ROAD 75
REAR(NORTH)LIVINGSTON 75
SIDE(WEST)GAS STATION 30
SIDE(WEST)SELF STORAGE 30
SIDE(EAST) 30
LANDSCAPE BUFFER TYPE REQUIRED(FT)
FRONT(SOUTH)PINE RIDGE D 20
REAR(NORTH)LIVINGSTON D 20
SIDE(WEST)GAS STATION B 15
SIDE(WEST)SELF STORAGE A 10
SIDE(EAST) A 10
OPEN SPACE
REQUIREMENTS FOR OPEN SPACE DO NOT APPLY TO THIS COMMERCIAL
PROJECT WITH TOTAL SITE AREA OF LESS THAN 5.0 ACRES, PER COLLIER
COUNTY LDC§4.02.01.B.2.
PARKING
PARKING SPACES REQUIRED:
0.75 SPACES PER UNIT=64 x 0.75=48 SPACES
(BASED ON§5.05.04 FOR GROUP HOUSING)
BICYCLE PARKING REQUIRED:
5%OF THE REQUIRED PARKING SPACES
48 REQUIRED 0.05=3 SPACES
.emt.0
CERTUS SENIOR LIVING SHEET
COLLIER COUNTY,FL CONDITIONAL USE NUMBER
Traffic Engineering Data Solutions,Inc. PROJECT NO. SCALE DATE SITE PLAN NOTES
Phone:386.753.0558 80 Spring Vista Dr. 2 of 2
11109 N.T.S. 5/20/2019
Fax:386.753.0778 DeBary,FL 32713
Drawing name:Z:12017 Projects\11109(CERTUS_Naples)\CAD\CU\1 CONDITIONAL USE SITE PLAN(8.5 X 11).dwg Jun 04.2019 12:42pm by:Karen