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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. Page 1 of 5 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. Page 2 of 5 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. Page 3 of 5 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". Page 4 of 5 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 Page 5 of 5 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