HEX Final Decision 2023-05HEX NO. 2023-05
HEARING EXAMINER DECISION
DATE OF HEARING.
February 9, 2023
PETITION.
PETITION NO. CU-PL20210001657 - Request for approval of a Conditional Use for the
Collier County Water Sewer District to allow a sewage treatment plant and its expansion,
superseding Resolution No. 94-533 and pursuant to subsection 2.01.03.G.1.c of the Collier
County Land Development Code, on 16 ± acres located at 4931 32nd Ave SW in Section 28,
Township 49 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner seeks a Conditional Use for the Collier County Water Sewer District to allow a
sewage treatment plant and its expansion from its current treatment capacity of 1.5 mgd. The
Water -Sewer District has acknowledged that the plant expansion is necessary, and it is a funded
improvement in order to meet established level of service standards.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(3) 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 applicant conducted a duly noticed and advertised NIM on December 8, 2021, at the
Golden Gate Community Center in Meeting Room B located at 4701 Golden Gate Pkwy,
Naples, Florida 34116. The meeting commenced at approximately 5:30 p.m. and ended at 5:47
p.m. with two people in attendance.
Page 1 of 6
Because the Petition was beyond the one-year anniversary of its first NIM the applicant was
required to conduct a second NIM. As such, the applicant conducted a duly noticed and
advertised NIM on December 8, 2022, at the Golden Gate Community Center in Meeting
Room B located at 4701 Golden Gate Pkwy, Naples, FL 34116. The meeting commenced at
approximately 5:40 p.m. and ended at 6:01 p.m. with only one person in attendance.
5. The County Staff presented the Petition followed by the Petitioner's experts, public comment
and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections
at the public hearing.
6. The County Code of Ordinance Sec. 2-87(3)(a) directs the Hearing Examiner to review this
minor conditional use amendment by the Land Development Code Section 10.008.1) criteria.
The Hearing Examiner may grant the minor Conditional Use if it will not adversely affect the
public, and that satisfactory provision and arrangement has been made for the following
matters, where applicable:'
1. Section 2.01.03.G.1.c. of the Land Development Code (LDC) permits conditional uses in
the Residential Single Family (RSF-3) zoning district.
The record evidence and testimony from the public hearing reflects that the requested use
for a sewage treatment plant is allowed as a conditional use in the Residential Single
Family (RSF-3) zoning district, subject to the standards and procedures established in
section 10.08.00, conditional uses procedures, of the LDC.
2. Consistency with the LDC and the Growth Management Plan (GMP).
The record evidence and testimony from the public hearing reflects that this request is
consistent with the GMP and, with the conditions proposed by County staff, this project
will comply with the applicable provisions of the LDC.
3. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
The record evidence and testimony from the public hearing reflects that ingress and egress
to the subject property will be limited to two gated access points on 32nd Avenue S. W. and
two gated access points on Tropicana Boulevard as shown on the master site plan. The TIS
submitted by the applicant indicates that the proposed capacity expansion of the Golden
Gate Wastewater Treatment Plant will not have a significant or negative impact on the
surrounding road network. It was verified that all roadways within the project's area of
impact, currently have a surplus of capacity and can accommodate the traffic associated
with the proposed public -utility land use.
'The Hearing Examiner's findings are italicized.
Page 2 of 6
4. The effect the Conditional Use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
The record evidence and testimony from the public hearing reflects that the proposed plant
expansion includes modernization of the treatment process which will reduce the odor
associated with wastewater treatment. The use of enclosed tanks, membrane processing,
and odor control systems will result in an improvement over the existing treatment facility
operations. The new structures proposed to be constructed on -site will meet or exceed all
required building setbacks. The proposed Conditional Use seeks only to expand the
existing sewage treatment plan.
5. Compatibility with adjacent properties and other properties in the district.
The record evidence and testimony from the public hearing reflects that if the proposed
Conditions of Approval are adopted, the proposed sewage treatment plant expansion can
be found compatible with adjacent properties and other properties in the immediate area.
Based on the above findings, this conditional use should, with stipulations as outlined at
the public hearing be recommended for approval. It is important to note that the conditions
of approval from the existing Conditional Use adopted via Resolution 94-533 will be
modified.
ANAT,VCTC_
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 Section 10.08.00.D
of the Land Development Code to approve this Petition.
"Ff TCT(1N
The Hearing Examiner hereby APPROVES Petition Number CU-PL20210001657, filed by D.
Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. representing Collier County Water
Sewer District, with respect to the properties described as 16± acres located at 4931 32nd Avenue
SW in Section 28, Township 49 South Range 26 East, Collier County, Florida, for the following:
• An application for approval of a Conditional Use for the Collier County Water Sewer
District to allow a sewage treatment plant and its expansion, superseding Resolution 94-
533 and pursuant to subsection 2.01.03.G.1.c of the Collier County Land Development
Code and revising the overall site plan and conditions of approval.
Page 3 of 6
Said changes are fully described in the Conditional Use Overall Site Plan attached as Exhibit "A"
and as set forth below.
ATTACHMENTS.
Exhibit A — Conditional Use Overall Site Plan
LEGAL DESCRIPTION.
16± acres located at 4931 32nd Avenue SW in Section 28, Township 49 South Range 26 East,
Collier County, Florida
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Central County Water Reclamation Facility Expansion Conditional Use shall be limited to
what is depicted on the "Conditional Use Overall Site Plan, revised 12/13/2022," prepared
by Tetra Tech.
3. Landscaping/Buffers: Collier County Water Sewer District (CCWSD) shall install/upgrade
to a Type `B' landscape buffer around the perimeter of the Golden Gate Water Reclamation
Facility. The landscape buffer shall meet the minimum requirements set forth in Alternative
B of the Collier County Land Development Code within six months to a year of planting.
For the frontage along 32nd Avenue S.W. and Tropicana Boulevard, the following buffers
shall be required: (1) For 32nd Ave S.W., the required canopy trees within the Type `B'
buffer shall be 14 to 16 feet tall, based on availability, with a minimum 6 foot spread at the
time of planting; (2) For Tropicana Boulevard the existing above -ground power lines that
are located along the Tropicana Boulevard property line will be placed underground as part
of the revisions to the Golden Gate Wastewater Treatment Plant. The existing healthy
mature canopy trees will be retained and additional 14' to 16' tall canopy trees will be
installed as necessary to meet the required 25' on -center spacing requirement for a Type B
buffer. Hedge material will be added to the buffer per Type B standards.
These buffers shall be installed prior to site acceptance.
4. The construction associated with the conditional use permit shall include noise abatement
which will be made to the blowers and generator so that they do not exceed those thresholds
regulated by the County's Noise Ordinance.
5. CCWSD will shield lights away from residential areas to the extent possible without
compromising operator safety, on the lights illuminating processing tanks. Control
switches will be installed so that plant operators are able to dim or turn off lights when they
are not needed.
Page 4 of 6
6. Upon completion of the capacity expansion to the plant, CCWSD shall arrange for an
independent engineer or other qualified technicians to take bimonthly noise readings from
properties immediately adjacent to the plant over a six-month period to confirm that the
noise levels of the plant at or below Collier County's requirements. A community
representative from the Golden Gate Civic Association or other groups as may be appointed
by the County Commission may be present during the testing. CCWSD shall provide
fourteen (14) days' written notice of such tests to the designated group or association and
a community representative may be present. If during any one of the three tests, the noise
levels at the Golden Gate facility exceed the noise levels established by Collier County
regulations, the residents may petition the Board of Zoning Appeals for further proceedings
to consider the imposition of additional noise mitigation.
7. A representative of CCWSD will be available to meet with the Golden Gate Civic
Association, or other groups as may be designated by the County Commission, on a
bimonthly basis during construction. Thereafter, CCWSD representatives are available to
meet with area residents upon request.
8. Groundwater quality monitoring shall be conducted as required by FDEP and Collier
County Pollution Control.
9. Building and tank colors shall be consistent with the building colors permitted in LDC
Section 5.05.08 for industrial buildings.
10. Tanks shall be limited to a maximum height of 50' above grade and are otherwise exempted
from the maximum building heights of the RSF-3 Zoning District per LDC 4.02.0l.D.,
Exemptions and exclusions from design standards.
11. Should the southernmost access point on 32nd Avenue S.W. be removed, the area shall be
landscaped with a Type B buffer consistent with that required for the perimeter buffer
elsewhere on 32nd Avenue S.W.
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.
Page 5 of 6
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"
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REVISED:12/13/2022