HEX Final Decision 2019-33 HEX NO. 2019—33
HEARING EXAMINER DECISION
PETITION NO. PL20180002764 — Patrick Vanasse, AICP representing the Collier County
Transportation Planning Department requests an insubstantial change to Ordinance No.
2007-46, as amended, the Wolf Creek Residential Planned Unit Development, to remove a
development commitment relating to a proportionate share payment for traffic
improvements. The subject property is located on the north side of Vanderbilt Beach Road,
approximately one-half mile west of Collier Boulevard in Section 34, Township 48 South,
Range 26 East, Collier County, Florida,with the PUD consisting of 189± acres.
DATE OF HEARING: July 25, 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
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:
Members of the public were in attendance for this item. One resident spoke in favor while two
individuals indicated their concern that the removal of the language would provide a release for
obligations of the developer.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20180002764, filed by Patrick
Vanasse, AICP, of RWA, Inc., representing the Collier County Transportation Planning
Department, with respect to the property as described in the Wolf Creek RPUD, Ordinance No.
07-27, as amended, for an insubstantial change to remove a development commitment relating to
a proportionate share payment for traffic improvements, as shown in the Wolf Creek RPUD
amendment attached as Exhibit"A", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—RPUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 07-46, as amended, the Wolf Creek RPUD.
[19-CPS-01882/1488792/1] 1 of 2
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.
1 31 - 1 - 15 0.104.,u11Date M Strain, Hearing Examiner
Approved as to form and legality:
A C
Hf7*--
i Ashton-Cicko
Managing Assistant County Attorney
[19-CPS-01882/1488792/1] 2 of 2
Exhibit "A"
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5.7 TRAFFIC
A. All traffic control devices signs pavement markings and design criteria shall be
in accordance with Florida Department of Transportation FOOT Manual of
Uniform Minimum Standards MUMS current edition FOOT Design Standards
current edition and the Manual on Uniform Traffic Control Devices MUTCD
current edition All other improvements shall be consistent with and as required
by the LDC.
B. Arterial level street lighting shall be provided at all development points of
ingress and egress from any County collector or arterial roadway Said lighting
shall be in place prior to the issuance of the first permanent certificate of
occupancy CO
C. Site related improvements as opposed to system related improvements
necessary for safe ingress and egress to this project as determined by Collier
County shall not be eligible for impact fee credits All required improvements
shall be in place and available to the public prior to the issuance of the first CO
D. Road Impact Fees shall be paid in accordance with applicable County
ordinances and the LDC
E. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy Resolution No 01 247 as it may be
amended and the LDC as it may be amended Collier County reserves the right
to modify or close any median opening existing at the time of approval of this
RPUD which is found to be adverse to the health safety and welfare of the
public Any such modifications shall be based on but are not limited to safety
operational circulation and roadway capacity
F. Interconnections shall be required by Collier County staff as a condition of
SOP approval
traffic signal system or other traffic control device sign or pavement marking
at any development entrancc onto the County s collector arterial roadway
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Revised 5/31/07 to reflect BCC changes 16