HEX Final Decision 2024-35 HEX NO. 2024-35
HEARING EXAMINER DECISION
DATE OF HEARING. INSTR 6582210 OR 6389 PG 1739
RECORDED 8/14/2024 3 44 PM PAGES 16
June 27,2024 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$137.50
PETITION.
Petition No. PDI-PL20220008752—Orange Tree PUD -Request for an insubstantial change
to Ordinance No. 12-09,as amended,the Orange Tree Planned Unit Development(PUD),by
amending the Community Use Development Standards, Section 7.03.D., and amending the
Public Facilities Development Standards, Section 9.03.4, to except ground mounted
communication towers from the maximum height of structures, allowing such towers up to
a maximum height of 185 feet and subject to Land Development Code(LDC)Section 5.05.09.
The subject PUD consists of±2138.76 acres and is located at the northeast corner of the
intersection of Immokalee Road and Randall Boulevard in parts of Sections 11, 12, 13, 14,
22 through 27,Township 48 South, Range 27 East, Collier County,Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests an insubstantial change to Ordinance No. 12-09, as amended, the Orange
Tree Planned Unit Development (PUD), by amending the Community Use Development
Standards, to except ground mounted communication towers from the maximum height of
structures, allowing such towers up to a maximum height of 185 feet and subject to Land
Development Code (LDC) Section 5.05.09.
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 Neighborhood Information Meeting(NIM)was advertised and held on Wednesday, April
24,2024, at 5:30 pm,at the Collier County OF/IFAS Extension,Multi-Purpose Room, located
at 14700 Immokalee Road, Naples, FL 34120. There were twenty-one (21) members of the
Page 1 of 6
public present,and two(2)who participated remotely on Zoom.A copy of the summary drafted
by the applicant includes the applicant's presentation and the questions from the attending
public. There was a question regarding the height of the tower that was proposed at the NIM
to be a maximum of 200 feet. However, it was determined by staff that this height increase
will change the nature of the insubstantial request. The maximum height has been determined
by staff and the applicant to be 185 feet in order to maintain the insubstantial change request.
Aside from that, no other commitments were made outside the request for the insubstantial
change.
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 two objections at the
public hearing from Victoria Banaszczyk and Alfred Pappalardo who appeared via Zoom.
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 dwelling units, land use, or height of buildings. The proposed changes
are only to clarify the development standards for communication towers.
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 these areas.
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?
1 The Hearing Examiner's findings are italicized.
Page 2 of 6
The record evidence and testimony from the public hearing reflects that there is no
proposed increase in size of non-residential use areas 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 evidence and testimony from the public hearing reflects that this proposal will
not increase traffic generation or change traffic circulation; no impact is proposed on
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 vehicular traffic
will not be impacted by the proposed change of development standards for communication
towers.
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 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 evidence and testimony from the public hearing reflects there will be no
incompatible relationships with abutting land uses. The only change is in the development
standards for communication towers. The abutting uses are compatible, permitted, and
located within the same PUD zoning district.
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 that no such
modification is proposed. The request is consistent with the FLUE and won't increase
density or intensity of the permitted land uses.
10. The proposed change is to a PUD district designated as a development of regional impact
(DRI)and approved pursuant to F.S. § 380.06,where such change requires a determination
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and public hearing by Collier County pursuant to F.S. § 380.06(19).Any change that meets
the criterion of F.S. §380.06(19)(e)2, 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 this LDC section 10.02.13.
The record evidence and testimony from the public hearing reflects that the question is not
applicable to the request.
11. Any modification in 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 this LDC section 10.02.13.
The record evidence and testimony from rom the public hearing reflects that the request for the
subject property will not create a substantial modification per LDC Section 10.02.13 E.
LDC Sec. 10.02.13.E.2 Criterion:
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 application's
proposed changes in the development standards for communication towers involve
changes that are not considered substantial or minor, therefore the proposed changes are
considered insubstantial. The proposed changes do not change the analysis offindings and
criteria used in the original application.
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-PL20240008752, filed by Robert
Mulhere, FAICP & Ellen Summers, AICP of Hole Montes, a Bowman Company, representing
Collier County & Collier County Water & Sewer District, with respect to the property located at
the northeast corner of the intersection of Immokalee Road and Randall Boulevard in parts of
Sections 11, 12, 13, 14,22 through 27,Township 48 South,Range 27 East,Collier County,Florida,
for the following:
• An insubstantial change to Ordinance No. 12-09, as amended, the Orange Tree Planned
Unit Development (PUD), by amending the Community Use Development Standards,
Section 7.03.D., and amending the Public Facilities Development Standards, Section
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9.03.4, to except ground mounted communication towers from the maximum height of
structures, allowing such towers up to a maximum height of 185 feet and subject to Land
Development Code(LDC) Section 5.05.09.The insubstantial change request to the Orange
Tree PUD will modify the development standards in Ordinance 12-09 in both the
Community Use Tract, found in Section 7.03.D, and the Public Facility Tract, found in
Section 9.03.4. The primary purpose is to add development standards for the height of
communication towers [synonymous with "wireless communication facilities"] by virtue
of such communication towers being considered essential services.
Said changes are fully described in the PUD Revised Text attached as Exhibit "A", the Zoning
Map attached as Exhibit`B", and the Orange Tree PUD—Current Master Plan attached as Exhibit
"C" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A—PUD Revised Text
Exhibit B—Zoning Map
Exhibit C—Orange Tree PUD—Current Master Plan
LEGAL DESCRIPTION.
The subject PUD consists of ±2,138.76 acres and is located at the northeast corner of the
intersection of Immokalee Road and Randall Boulevard in parts of Sections 11, 12, 13, 14, 22
through 27, Township 48 South, Range 27 East, Collier County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement
of the development.
2. Ground-mounted communication towers in lands designated Public Facilities (PF) or
Community Use (CU) shall not be allowed on Big Corkscrew Island Regional Park
property without prior written approval from the Collier County Public Services
Department.
3. Ground-mounted communication towers constructed in lands designated Public
Facilities (PF) or Community Use (CU) must accommodate a Collier County Water
and Sewer District Supervisory Control and Data Acquisition (SCADA) Wireless
Communications Hub, at the constructor's sole cost and at no cost to Collier County or
the Collier County Water Sewer District, at the determination of the County Manager
or Designee.
Page 5 of 6
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.
id 96t— -
July 26,2024
Date Andrew Dickman,Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
SECTION VII
COMMUNITY USE
7.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated CU on the PUD
Master Plan.
The Community Use Parcel which is 155.2 acres has been conveyed to Collier County,and may be
used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's
park site dedication requirements for the project.
7.02 PERMITTED USES AND STRUCTURES
A. No building or structure, or part thereof, shall be erected,altered or used,or land or water
used,in whole or in part,for other than the following:
Parks and playgrounds
Bicycle,hiking and nature trails
2) Recreational shelters and restrooms
4) Recreational fields,sports facilities and courts
5) Passive recreational facilities
6) Docks and small boat rentals
Community centers
Restaurant or snack bar in conjunction with recreational activities
2.) Water management facilities and essential services
10) Collier County Fair Grounds
11) State of Florida Forestry Department facilities
12) Fire Station Site
13) Household waste and recycling facilities
14) Other governmental facilities
15) Park and ride facilities
16) Any other use which is comparable in nature with the foregoing list of permitted
principal uses,as determined by the Board of Zoning Appeals("BZA").
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17) Continuation of orange grove activity until development occurs on the property or
on undeveloped portions of the property as provided for in Section III,Agricultural
Development.
7.03 DEVELOPMENT STANDARDS
A. Minimum site area:None
B. Minimum setback from tract boundaries: 50',except that households waste and recycling
facilities shall be set back 100'from abutting residential districts.
C. Minimum setback from road right-of-way: 25'
D. Maximum height of structures:25'(except fire observation tower[s],which do not have an
established maximum height, and ground-mounted communication towers which shall be
limited to a maximum height of 185'and subject to LDC section 5.05.09).
E. Minimum distance between buildings: '/2 the sum of their heights.
F. Minimum standards for parking, lighting, signs, and landscaping shall conform with
applicable Collier County regulations in effect at the time permits are sought.
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SECTION VIII
SCHOOL/PARK
* * * * * * * * * * * * *
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SECTION IX
PUBLIC FACILITIES
9.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the PUD
Master Plan as PF,Public Facilities.
This site includes 147.0 acres, is owned by Collier County and may be used for the purposes set
forth below and shall satisfy the Collier County Comprehensive Plan's requirements for public
facilities.
9.02 PERMITTED USES AND STRCUTURES
The following uses are permitted within the PF district:
1) Water treatment plants
2) Wastewater reclamation plants
3) Administrative facilities common to treatment plant
4) Raw water wells
5) Injection wells
6) Stormwater management facilities
7) Accessory structures including but not limited to maintenance facilities,fueling facilities,
communications towers, subject to LDC section 5.05.09, and other accessory facilities
commonly associated with water treatment and water reclamation facilities.
8) Continuation of orange grove activity until development occurs on the property or on
undeveloped portions of the property as provided for in Section III, Agricultural
Development.
9.03 DEVELOPMENT STANDARDS
1) Minimum site area:None
2) Minimum setback from tract boundaries:
100'for water and reclamation facilities
50'for common administrative facilities
15'for all other facilities
3) Minimum setback from road right-of-way: 25'
4) Maximum height of structure:60',except for ground-mounted communication towers shall
be limited to a maximum height of 185'and subject to LDC section 5.05.09.
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5) Minimum distance between buildings: 10'
6) Minimum standards for parking,lighting,signage,and landscaping shall conform with the
applicable Collier County regulations in effect at the time permits are sought.
7) Minimum setback for communication towers: one half of the tower height adjacent to
residentially zoned property.
8) The Public Facilities portion of the PUD shall be consistent with the Growth Management
Plan regarding potential future interconnections.
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