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HEX Final Decision 2024-11 INSTR 6510147 OR 6331 PG 1779 RECORDED 2/20/2024 8:36 AM PAGES 10 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$86.50 HEX NO. 2024-11 HEARING EXAMINER DECISION DATE OF HEARING. February 8,2024 PETITION. Petition No. PDI-PL20230011586 — Northeast corner of the intersection of US-41 and Airport-Pulling Road - Request for an insubstantial change to Ordinance No. 04-56, as amended, the Collier County Government Center Community Facilities Planned Unit Development (CFPUD), by amending the Community Facilities Development Standards, Section 3.4.D., Distance Between Principal Structures on the Same Parcel, to allow separation between structures primarily housing, electric, gas, emergency generators, or HVAC equipment to be zero (0) feet. The subject PUD is located at the northeast corner of the intersection of US-41 and Airport-Pulling Road South in Section 12,Township 50 South, Range 25 East, Collier County,Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner requests an insubstantial change (PDI) to Ordinance No. 04-56, as amended, the Collier County Government Center Community Facilities Planned Unit Development (CFPUD), by amending the Community Facilities Development Standards, Section 3.4.D.,Distance Between Principal Structures on the Same Parcel,to allow the separation distance from structures primarily housing electric, gas, emergency generators, or HVAC equipment to be zero (0) feet. 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 NIM was advertised and held on Thursday, October 26, 2023, at 5:30 pm, at the Collier County Board of County Commissioners Chambers,located at 3299 Tamiami Trail East,Suite Page 1 of 6 303,Naples,Florida 34112. There were six(6)members of the public present and one(1)who participated remotely via Zoom. 5. The public hearing was conducted in the following manner: the County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative,public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing. 6. 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 acting in the capacity of the Planning Commission shall make findings as to the original application with the criteria in Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2.1 LDC Section 10.02.13.E.1 Criteria: 1. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? The record evidence and testimony 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 evidence and testimony 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 record evidence and testimony 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 evidence and testimony 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 uses proposed. 'The Hearing Examiner's findings are italicized. Page 2 of 6 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 evidence and testimony from the public hearing reflects that there are no substantial impacts resulting from this amendment pertaining to traffic generation, traffic circulation, or impacts on other public facilities. 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 evidence and testimony from the public hearing reflects that the request does not change land use activities and does not generate a higher level of vehicular traffic. 7. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? The record evidence and testimony from the public hearing reflects that the request does not result in a requirement for increased stormwater retention or increased 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 evidence and testimony 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 evidence and testimony from the public hearing reflects the proposed changes to the PUD Document are not applicable to the Collier County Growth Management Plan (GMP). The FLUE(future land use element)and GMP do not mandate separation distance between principal structures to structures that house electric, gas, emergency generators, or HVAC equipment. 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. Page 3 of 6 The record evidence and testimony from the public hearing reflects that the CFPUD is not within a Development of Regional Impact(DRI). Although the CFPUD is located and has been previously approved as a Development of Regional Impact (DRI), and the Collier County Government Center Community Facilities Planned Unit Development (CFPUD) zoning district is consistent with the approved DRI, however, the proposed change of allowing for a reduced separation distance to 0 feet between existing and proposed principal structures and structures housing electric, gas, emergency generators, or HVAC equipment and is not substantial in impacting the originally approved height, density, or intensity of the development. Therefore, the request does not create a substantial deviation and may be reviewed and approved by Collier County. 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 evidence and testimony from the public hearing reflects that the proposed change is not deemed to be substantial and may be processed as an Insubstantial Change (PDI)pursuant to the LDC and Administrative Code. LDC Sec. 10.02.13.E.2 Criterion: 1. Does this petition change the analysis of findings and criteria used for the original application? The record evidence and testimony from the public hearing reflects that the proposed changes do not affect the original analysis and findings for the original application. No change to the permitted land uses, intensities or design standards are being requested as part of the petition. 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 the Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. PDI-PL20230011586, filed by Chris Brockmeier, PE of Stantec Consulting Services, Inc., representing Collier County c/o Real Property Management, with respect to the property located at the northeast corner of the intersection of US-41 and Airport-Pulling Road South in Section 12, Township 50 South, Range 25 East, Collier County, Florida, for the following: Page 4 of 6 • An insubstantial change to Ordinance No. 04-56, as amended, the Collier County Government Center Community Facilities Planned Unit Development (CFPUD), by amending the Community Facilities Development Standards, Section 3.4.D., Distance Between Principal Structures on the Same Parcel, to allow the separation distance from structures primarily housing electric, gas, emergency generators, or HVAC equipment to be zero (0) feet. Said changes are fully described in the New Chiller Plant Building K-1 Zoning and Data Plan attached as Exhibit"A" and the PUD Revised Text attached as Exhibit`B" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—New Chiller Plant Building K-1 Zoning and Data Plan Exhibit B—PUD Revised Text LEGAL DESCRIPTION. See Ordinance No. 04-56, as amended. 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. Page 5of6 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF TIIE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. February 14, 2024 Date Andrew Dickman, Esq.,AICP Hearing Examiner Page 6 of 6 EXHIBIT "A" WV 0000-ttZW l/t ri I.:4 ,, -.1.., 1E? 1 2 ,„ §. 11 E to Z 1 q e „A A y d ➢ g &� w IQ air J m '* ,,.. e r H 0li /3 G f Z #s g r 11I gV ell 4. ,, a gi 1 PAIN DM cc 14 k 1 2.0a. 1Ft II 1 . gd r-1 1 �" ;,,6,o. a !l / olxf1S �N K. r'- p gg .rce i E 2 In -? 'Wtl.OS I - 1 FL- z a'' g \Pi I r- I o C ;✓i NCr N {( C \ iy6 ,rr \ _ 0 '\, i N 1 ip.:.•c to /" .: 'tT e4, A" . PPPM I fir l r EE I Y l - M U 1 S c_.) ,r r. , • Cv ti� 3 U r r `fey' tsts3•'flita.s Al •• — __.,—.�_ / AMOR(PULLING RD.N a y 3•:N ( r.: .l 1 i-T. :• lIIIIS, ill : : : 55 i7 j F I�,� ti s,.1•' '11, d 9a : a ill . j , is . 114 1 : Is ►°,ii 1 : ! ts id I1ati{ jiI$ j _ Fsts• t 111 1 I t(l di':lli 3 41.! 6 t iI t `I� :! ! :s 7 i t t�1 , ttij� f9p�� �sj� 't1 tt 1,01 is1110g .111f 1 Pit tat t ! ! iit . tlt3ti t 1 9 s p,i'ti• i•• tttt, ! . . 11JIIIIH Ilijil! I : : ! :: : 1 E ;t Ii 11 R t1 1 J t t ' hi!iiiuijuI I !i11111 1. I ! I 1 111 1 I t 11 111 A et et t!ei t� l!1 a i td t t ��I, �a ir.!tlil�II list9!sir Ill P: i i t i j 99ii 9� EXHIBIT " B " Rev 1/4/24 COLLIER COUNTY GOVERNMENT CENTER PUD— PDI REVISED TEXT (PROPOSED) (Added text is underlined, removed text is struck through) 3.4 DEVELOPMENT STANDARDS D. Distance Between Principal Structures on the Same Parcel: A minimum of 15 feet or one half the sum of the building heights measured by the closest exterior building walls, whichever is greater. Separation distance between structures housing primarily electric, gas, emergency generators, or HVAC equipment may be zero (0) feet to all other existing and proposed principal structures.