HEX Final Decision 2016-43 HEX NO. 2016—43
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20150002852 — Development Consulting LLC requests an
insubstantial change to Ordinance Nos. 82-40 and 84-21, as amended, Green Heron, a
Planned Unit Development, to amend the Master Plan to add an access point to the 5 acre
commercial tract from Radio Road. The subject property is located north of Radio Road,
approximately '/2 mile west of the intersection of Radio Road and Davis Boulevard, in
Section 33, Township 49 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: December 8, 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 should be approved.
ANALYSIS:
A Neighborhood Information Meeting (NIM) was held with approximately forty-three members
of the public in attendance. No objections were noted.
One member of the public spoke at today's meeting. There were no objections to the
application but clarifications were provided in response to various questions asked.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20150002852, filed by Brian
Howell of Phoenix Associates of Florida, Inc. representing Development Consulting, LLC, with
respect to the property described in Exhibit "B", for an insubstantial change to amend the Master
Plan to add an access point to the five (5) acre commercial tract from Radio Road. Said change is
fully described in the Green Heron PUD revised Master Plan attached as Exhibit "A", and is
subject to the condition(s) set forth below.
[16-CPS-01590] 32
Page 1 of 2
ATTACHMENTS: Exhibit A—Revised Master Plan
Exhibit B —legal description
LEGAL DESCRIPTION: See Exhibit "B".
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. Access internally to the PUD from this parcel is prohibited.
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.
ti
Date Mark Strain, Hearing Examiner
Approved as to form and legality:
Cie/u,A,
Heidi Ashton-Cicko
Managing Assistant County Attorney
[16-CPS-01590] 32
Page 2 of 2
Exhibit "A"
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PDI-PL20150002852 Page 3 of 10
December 8,2016
Exhibit "B"
PHOENIX ASSOCIATES
OF FLORIDA,INC.
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Design Build General Contractor
LEGAL DESCRIPTION—TRACT R&I SAPPHIRE LAKES (PARCELX0)
August 11,2016
All that part of Section 33,Township 49 South, Range 26 East,Collier County, Florida
and being more particularly described as follows:
Commencing at the southeast corner of said Section 33
Thence North OO^14'28^West 5O.0Ofeet tothesouth|ineoftmct^|^ accondinOtothe
plat there of as recorded in Plat Book 17, page 92 through 94 Public Records of Collier
County, Florida;thence North 00"35'48"West 25.00 feet to the north line of said
Tract I;thence along said north line South 89°24'12"West 1,404.81 feet to the POINT
OF BEGINNING of the tract herein described;
Thence continue along said north line in the following two (2)described courses:
South 89~Z4'lZ^ west l'Z41.27feet; South 87^44'Zl~West 18l6Zfeet toapoint on
the east boundary line of Tract"R" according to the plat thereof as recorded in Plat
Book 17, pages 92 through 94, Public Records of Collier County, Florida;
Thence along said east boundary line in the following four(4)described
Courses; NorthO%^16'39~west 5.39 feet; Northerly and northeasterly 387.46 feet
along the arc of a circular curve concave to the southeast having a radius of 276.69
heetthrouQhacentra|andeO0^14'O3^andbeinBsubLcndedbyachordwhichbears
���� No�h37~S1'ZZ^ East 3S6.S7feet; No�h77^S8'I4^ East 13O.S4; Easterly 68.S0feet
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along the arc of a circular curve concave to the north having a radius of 475.00 feet
thrnughacentra|ang|eof88^16'46'' andbeinQsubtendedbyachordovh|chbears
North 73^SO']1^ East 6D.44Feet toapoint onthe Boundary ofTract^D'' according to
the plat thereof as recorded in Plat Book 17, pages92 through 94 Public Records of
Collier County, Florida;Thence along said boundary in the following two(2)
described courses; Thence South 27=32'47~ East53.63 feet;Thence North 6227'13^
East 30.11 feet;thence leaving said boundary southeasterly 52.05 feet along the arc
of a circular curve concave to the northeast having a radius of 480.00 through a
ccntm|ang|cofU6^1Z'32^ andbeingsubtendedhyachordwh|chbcan5outh
31^53'44^ East 51.99 feet to a point of compound curvature;
Thence southeasterly and easterly 119.63 feet along the arc of a circular curve
concave to the northeast having a radius of 123.29 feet through a central angle of
56~35'48'~and being subtended by a chord which bears South 6Z^34'12^ East 171.81
feet;thence North 89^I4'12^ East 171.81 feet;thenceeastedyand�outheax�edy
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91.76 feet along the arc of a circular curve concave to the south having a radius of
18O.00feet through acentral angle o[29^1I'3O^and being subtended by a thence
South 61~23`18" East 87.02 feet; thence southeasterly and easterly 509J8 feet
along the arc of a circular curve concave to the northeast having a radius of 1,000.00
feet through a central angle of 29°12'30 and being subtended by a chord which bears
South 7S~69'33" East 5O4.28feet to the POINT OF BEGINNING of the tract herein
described.
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�N�r CORPORATE OFFICES
13180 LIVINGSTON ROAD SUITE 20* NAPLES,FLORIDA 34109
P 239.596.9111 F 239.596.2637