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I:\GMD\Zoning\HEX\HEX Meeting Packets
HEX NO. 2024-47
HEARING EXAMINER DECISION
DATE OF HEARING.
August 291 2024
PETITION.
Petition No. PDI-PL20240005412 —Request for an insubstantial change to the Lawmetka
Plaza Planned Unit Development (PUD), Ord. No. 02-51, as amended, to change the
timeframe in Section 8.2 to provide right turn lanes on Wiggins Pass Road at the project's
middle entrance and eastern access drive from 24 months to 48 months after the Lawmetka
Plaza PUDA (PL20190001489) was approved or prior to the issuance of the certificate of
occupancy for Publix, whichever comes first. The t34-acre PUD is located on the northwest
corner of Wiggins Pass Road (C.R. 888) and U.S. 41, in Section 16, Township 48 South, Range
25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests an insubstantial change (PDI) to Ordinance No. 2021-26, as amended, the
Lawmetka Plaza Planned Unit Development (PUD) to increase the timeframe to construct turn
lanes from Wiggins Pass Road into the PUD from 24 months to 48 months from the date that the
Lawmetka Plaza PUDA (PL20190001489) was approved, or prior to the issuance of the certificate
of occupancy for Publix, or grocer of similar size and type, whichever occurs first.
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 at the Double Tree
Suites by Hilton Hotel Naples, Seagrape Conference Room located at 12200 Tamiami Trail
North at 5:00 p.m. on July 30, 2024. Six members of the public attended the NIM. Todd
Mathes, Benderson Properties Inc., gave an overview of the project stating that the meeting
Page 1 of 6
was only to change the timeframe of a developer commitment from 24 to 48 months. All other
aspects of the development project had already been approved. Design of the transportation
improvements had been completed and was out to bid. There were several questions unrelated
to the topic at hand. The meeting concluded at 6:10 p.m. Mr. Benderson stated that he would
stay longer and talk with anyone who had questions related to the development other than the
timeframe extension request.
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 was one public speaker at
the hearing, Doug Fee, a local resident who expressed his concerns regarding stormwater
drainage on Wiggins Pass Road in general, but not in opposition to the subject Petition.
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 heal^ing 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 fi^om the public hearing reflects that there is no
pI oposed increase in the number of dwelling units, intensitJ� of land use, or height of
buildings ithin 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 fi^ona the public hectr•ing reflects that there is no
proposed decrease in preservation, conservation, �•ecreation, or open space areas lvithin
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?
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 to the size of areas used for non-residential uses 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 there are no
substantial negative impacts resulting f •om this amendment. However, the
dr•ainage/stormi4wer improvements that are to be done during completion of the
transportation improvements may provide significant improvement to drainage in the area
which historically has been prone to flooding.
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 any additional
°affic generated fr•orn this amendment will be di minimus.
7. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
The record evidence crud testimony from the public hearing r°eflects that t1�e proposed
changes iwu not increase stormwater retention or discharge. The improvements to the
drainage system in this area is anticipated to significantly improve stormwater• discharge
on Wiggins Pass Road and other surrounding land that has been prone to flooding.
8. Will the proposed change bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use?
The r°ecor°d evidence and testimony from the public hear°ing reflects there will be no
incompatible relationships �a�it1� abutting land uses as there are no proposed change to the
existing, approved land use. Improved stormwater drainage will be an improvement to
Wiggins Pass Road and other abutting lands.
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, Comprehensive
Planning staff determined that the petition, PL20240005412, is consistent 1-vith t1�e FLUE
of the GMP (Attachment 2). There i1011 be no change in the permitted density or intensity
of development and no change in the list of permitted uses.
Page 3 of 6
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
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 6
The record evidence and testimony from the public heat°ing �°effects 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 the public hearing reflects that no, this petztion is
for an insubstantial change to the Lawmetka Plaza P UD and seeks to change the timeframe
to conplete a developer commitment due to circumstances beyond the control of the
developer.
LDC Sec. 10.02.13.E.2 Criterion:
Insubstantial change determination. An insubstantial change includes any change
that is not considered a substantial or minor change. An insubstantial change to an
approved PUD ordinance shall be based upon an evaluation of LDC subsection
10.02.13 E.1
The record evidence and testimony fi•om. the public hearing reflects that the petitioner is
requesting to change the timiefiame to complete a developer commitment dire to
circumstances beyond the control of the developer. As such, it is an insubstantial change
and successfully meets the criteria of LDC 10.02.13 E.1.
DEVIATION DISCUSSION.
The petitioner is not seeking any deviations.
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-PL20240005412, filed by David
Mercer of Kimberly -Horn and Associates, representing the applicant Todd Mathes of Benderson
Properties, Inc. and the owner 13555 TTN, LLC, with respect to the subject ±32.50-acre parcel
that is part of the ±34-acre PUD and sits on the west side of Tamiami Trail North (US 41) in the
northwest quadrant of the intersection of Tamiami Trail and Wiggins Pass Road in Section 16,
Township 48 South, Range 25 East in unincorporated Collier County, Florida, for the following:
® An insubstantial change (PDI) to Ordinance No. 2021-26, as amended, the Lawmetka Plaza
Planned Unit Development (PUD) to increase the timeframe to construct turn lanes from
Wiggins Pass Road into the PUD from 24 months to 48 months from the date that the
Lawmetka Plaza PUDA (PL20190001489) was approved, or prior to the issuance of the
certificate of occupancy for Publix, or grocer of similar size and type, whichever occurs
first.
Said changes are fully described in the PUD Revised Text attached as Exhibit "A" and the Master
Site Plan attached as Exhibit "B" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A —PUD Revised Text
Exhibit B — Master Site Plan
LEGAL DESCRIPTION.
The subject �32.50-acre parcel is part of the �34-acre PUD and sits on the west side of Tamiami
Trail North (US 41) in the northwest quadrant of the intersection of Tamiami Trail and Wiggins
Pass Road in Section 16, Township 48 South, Range 25 East in unincorporated Collier County,
Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement
of the development.
2. Petitioner shall ensure that any stormwater drainage to Wiggins Pass Road from the
PUD does not cause flooding on the right -of --way. This may require coordination with
the County to ensure that the stormwater infrastructure in place along Wiggins Pass
Road is operating correctly.
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
Page 5 of 6
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,
September 20, 2024
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
«A»
SECTION VIII
Transportation Requirements
8.2 The developer shall provide right turn lanes on Wiggins Pass Road at the project's middle
entrance and eastern access drive no later than24 months 48 months after theLawmetka
Plaza PUDA (Application/Petition No. PL20190001489) i-s was approved, or prior to
issuance of the certificate of occupancy for Publix, whichever comes first. The eastern
most entrance shall be a right -in / right -out drive only. Concurrent with the right turn lane
construction, developer will also install a permanent traffic separator in the median to
prevent left turns into and out of the site at the caster most entrance. The western most
entrance shall be limited to service vehicle and delivery vehicle use only and will be a
full access drive. Collier County reserves the right to install, modify, or close medians in
its sole discretion in the exercise of its police power based on road safety and capacity.
Lawaietka Plaza
PL20240005412
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