HEX Final Decision 2021-46ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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COLLIER COUNTY HEARING EXAMINER
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10/15/21
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Name of Primary
Andrew Dickman, Esq.
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239-434-0840
239-302-2701
Hearing Examiner
9/23/21
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PDI-PL20210000895
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Agenda Decision
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The final decision is dated 10/15/21
I GMD\Zomng HEX\HEX Meeting Packets
HEX NO. 2021-46
HEARING EXAMINER DECISION
DATE OF HEARING.
September 23, 2021
PF.TITI"N
PETITION NO. PDI-PL20210000895 — Hammock Park Apartments, LLC requests an
insubstantial change to the Hammock Park MPUD, Ordinance No. 07-30, as amended, for
(1) a deviation from LDC Section 5.03.02.0 to increase the maximum fence and wall height
of 6 feet to 8 feet around the multi -family residential portion on the C/MU(1) tract shown on
the Hammock Park PUD master plan subject to approval from FPL and Collier County
Public Utilities Department, where applicable, and to revise the Hammock Park PUD master
plan showing the maximum fence and wall height of 8 feet around the multi -family
residential portion on the C/MU(1) tract; (2) the modification of General Development
Commitment 5.10.A to clarify that the affordable housing units are for Essential Service
Providers earning 100% or less than the County's median income; and (3) the modification
of General Development Commitment 5.10.B to clarify that the 5,000 square feet of "Eating
and Drinking Places, Sit Down/ Quality Restaurant" includes outdoor seating area. The
subject property consists of 19.13 acres, at the northeast corner of Rattlesnake Hammock
Road and Collier Boulevard in Section 14, Township 50 South, Range 26 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The subject property was rezoned to a Mixed Use Planned Unit Development (MPUD) to allow
for a development option of 265 multi -family units and 80,000 SF of commercial uses. The
proposed for this PDI changes are to increase the fence to 8 feet, clarify the test pertaining to
affordable housing, and modify the commercial restaurant to allow for outdoor seating.
STAFF RECOMMENDATION.
Approval with conditions.
Ti INiDIN(i' C _
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.
Page 1 of 6
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.
6. The Neighborhood Information Meeting (NIM) was held on August 9, 2021, at the Fairway
Bible Church located at 3855 The Lords Way 15000 Livingston Road, Naples FL 34114. No
members of the public were present or participating remotely and therefore no recording or
transcript has been available.
7. This project does not require Environmental Advisory Council (EAC) review, as this project
did not meet the EAC scope of land development project reviews as identified in Section 2-
1193 of the Collier County Codes of Laws and Ordinances. However, Environmental Services
staff recommend approval of the proposed petition.
8. 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.'
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 that 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 that 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 Hearing Examiner's findings are italicized.
Page 2 of 6
The record from the public hearing reflects that 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 that there would be no increase to the size of
areas used for non-residential uses and no relocation of non-residential areas.
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 record from the public hearing reflects that 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 that there are no substantial impacts resulting
from this amendment.
7. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
The record from the public hearing reflects that 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 that 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 that the proposed changes to the PUD
Document are consistent with the FLUE of the GMP. Both environmental and
Transportation Planning staff reviewed this petition, and no changes to the PUD Document
are proposed that would be deemed inconsistent with the CCME or the Transportation
Page 3 of 6
Element of the GMP. This petition does not propose any increase in density or intensity of
the permitted land uses.
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 that the proposed change does not affect the
original analysis and findings for the most recent zoning action in Petition PUDA-
PL20180002813.
Deviation:
Proposed Deviation #7 (Fence/Wall):
Deviation #7 seeks relief from LDC Section 5.03.02.C, which allows for a maximum fence and
wall height of 6 feet for residential zoning districts, to allow for a maximum fence and wall height
of 8 feet around the multi -family residential portion on the C/MU (1) tract shown on the Hammock
Park PUD master plan subject to approval from FPL and Collier County Public Utilities
Department, where applicable.
Petitioner's Justification:
The request will allow for an appropriate height of fence or wall around the multi -family residential
area of the commercial/mixed-use (C/MU) parcel, to screen the residential uses from adjacent
roadways and non-residential uses in the project. Due to the MPUD utilizing a residential and
commercial mixed -use design, the additional height of a fence or wall will serve as a safety
precaution and enhance compatibility between non-residential and residential uses within the
project. It is anticipated the commercial portion of the property will have a large customer volume,
particularly due to the gas station use proposed at the corner of Rattlesnake Hammock Road and
Collier Blvd. Therefore, establishing a boundary for the multi -family residence supplemented by
an eight -foot -tall fence/wall will allow for privacy, safety, and security of the residents.
Additionally, the commercial portion of the property faces Collier Blvd, a major arterial facility
with relatively high traffic volume. The proposed fence or wall will mitigate noise and light
impacts generated by the roadway. Not only will the additional fence/wall height provide safety to
the residents, but it will also provide an aesthetic enhancement to the project. The fence or wall
will obstruct views of surface parking areas and service areas. The required landscape plantings
will be provided on the exterior of the wall to further soften aesthetics. The proposed fence or wall
will comply with local permitting requirements and will not impact any easements located on the
property.
The record from the public hearing reflects that the additional fence/wall height will allow for
appropriate screening of the residential buildings from the adjacent public roadways, as well as
the gas station being constructed in the MPUD along the Collier Blvd. frontage. This fence/wall
height is consistent with approvals in other residential communities and will assist in blocking
Page 4 of 6
noise, lighting, and other potential influences from the adjacent land uses. The request will
enhance compatibility and will be aesthetically pleasing via placement of landscape materials on
the exterior side of the fence/wall. There will be no detrimental effect if this deviation request is
approved. Zoning staff recommends APPROVAL of this deviation, finding that in compliance with
LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived
without a detrimental effect on the health, safety and welfare of the community, " and LDC Section
10. 02.13.B. 5. h, the petitioner has demonstrated that the deviation is `justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations. "
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.
DF.f TCTf1N
The Hearing Examiner hereby APPROVES Petition Number PDI-PL20210000895, filed by
Alexis Crespo, AICP of Waldrop Engineering, P.A. representing Hammock Park Apartments,
LLC, with respect to the property in the Hammock Park MPUD Ordinance No. 07-30, as amended,
and described as the property consisting of 19.13 acres, at the northeast corner of Rattlesnake
Hammock Road and Collier Boulevard in Section 14, Township 50 South, Range 26 East, Collier
County, Florida, for the following:
• An insubstantial change to the Hammock Park MPUD, Ordinance No. 07-30, as amended,
for (1) a deviation from LDC Section 5.03.02.0 to increase the maximum fence and wall
height of 6 feet to 8 feet around the multi -family residential portion on the C/MU(1) tract
shown on the Hammock Park PUD master plan subject to approval from FPL and Collier
County Public Utilities Department, where applicable, and to revise the Hammock Park
PUD master plan showing the maximum fence and wall height of 8 feet around the multi-
family residential portion on the C/MU(1) tract; (2) the modification of General
Development Commitment 5.10.A to clarify that the affordable housing units are for
Essential Service Providers earning 100% or less than the County's median income; and
(3) the modification of General Development Commitment 5.10.B to clarify that the 5,000
square feet of "Eating and Drinking Places, Sit Down/ Quality Restaurant" includes
outdoor seating area.
Said changes are fully described in the revised PUD document and Master Plan attached as Exhibit
"A" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Revised PUD Document and Master Plan
Page 5 of 6
LEGAL DESCRIPTION.
See Ordinance No. 07-30, as amended, and described as the property consisting of 19.13 acres, at
the northeast corner of Rattlesnake Hammock Road and Collier Boulevard in Section 14,
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.
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 - 5.9 [NO CHANGES]
5.10 MISCELLANEOUS
A. Developer shall make 48 units available for rent for Essential Service Personnel (ESP)
e*. During periods where ESP occupancy is below 48 units, an ESP renter shall take
priority over any other renter until such occupancy level is reached. A minimum of
27 of the 48 units will be income restricted to households eaming no more than 100%
of Collier County' s median income. The income- restricted units will be offered for
rent for a period of 30 years to ESP renters for an +n'the amount e€the that
does not exceed the most current Collier County Beard appF Table of Rental
Rates at the that established the rental limits for 100% of median income and the lew-
ineeme eatege -y based on the number of bedrooms in the unit beingrented.
B. The development is required to provide a minimum of 20,000 square feet of
commercial uses, of which a minimum of 5,000 square feet shall be dedicated to
Eating and Drinking Places, Sit Down/ Quality Restaurants only (SIC 5812). A
certificate of occupancy must be issued on a 5,000 SF restaurant, which includes
outdoor seating area, prior to issuance of the first certificate of occupancy for the
multi- family rental dwelling units.
C. Storage Facilities, such as mini- storage or self -storage, shall be prohibited from this
MPUD.
D. One (1) Transfer of Development Right (TDR) per acre shall be required.
Hammock Park MPUD - PDI-PL2021000895
Last Revised: August 10, 2021
Words underlined are added; words stMe-k thFeug are deleted
SECTION VI', z & 3
REQUESTED DEVIATIONS FROM THE LDC' z & 3
6.1 DEVIATIONS'
A. Deviation #1 seeks relief from LDC Section 5.06.04.G.2.a to allow the off -premises
directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a
maximum of 38 square feet in sign area (total square footage of all sign copy areas,
including the name of the project and insignias or mottos), rather than 12 square feet
as limited in the LDC.'
B. Deviation #2 seeks relief from LDC Section 5.06.04.G.2.b to allow the off -premises
directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a
maximum height of 13 feet above the lowest center grade of the roadway adjacent to the
sign location, rather than 8 feet as limited in the LDC.'
C. Deviation #3 seeks relief from LDC Section 4.02.03.A, which requires accessory structures
to be constructed simultaneously with or following the construction of the principal structure,
to instead allow accessory structures to be constructed prior to construction of the principal
structure. This deviation shall apply only to the two (2) accessory tower structures at the
location depicted on Exhibit C-1, "Tower Locations," and further shown on Exhibit C-2,
"Tower Renderings." Z
D. Deviation #4 seeks relief from LDC Section 5.06.04.G.2.a, which allows for a maximum
sign area of 12 square feet for off -premises directional signs, to allow for a maximum sign
area of 64 square feet for the proposed temporary off -premises directional sign as depicted in
Exhibit 13-1 and referenced by Section 2.6.0 of the MPUD document. 3
E. Deviation #5 seeks relief from LDC Section 5.06.04.G.2.b, which allows for a maximum
sign height of 8 feet for off -premises signs, to allow for a maximum sign height of 10 feet
for the proposed off -premises sign as depicted in Exhibit D-1 and referenced by Section 2.6.0 of
the MPUD document. 3
F. Deviation #6 seeks relief from LDC Section 5.06.04.G.2.e, which requires off -premises
directional signs to be located no more than 1,000 feet from the use for which the sign is
displayed, to allow the proposed temporary off -premises directional sign to be located no
more than 1,320+/- feet from the use for which the sign is displayed as depicted in Exhibit D-
1 and referenced by Section 2.6.0 of the MPUD document.3
G. Deviation #7 seeks relief from LDC Section 5.03.02.C, which allows for a maximum fence
and wall height of 6 feet for residential zoning districts, to allow for a maximum fence and
wall height of 8 feet around the multi -family residential portion on the C/MU (1) tract shown
on the Hammock Park PUD master plan subject to approval from FPL and Collier County
Public Utilities Department, where applicable.
1. Approved in HEX decision 2014-28.
2. Approved in HEX decision 2016-42.
3. Pending approval per PL20200001952.
Hammock Park MPUD— PDI-PL2021000895
Last Revised: August 10, 2021
Words underlined are added; words seek-NFeugh are deleted
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