HEX Final Decision #2026-10 INSTR 6788876 OR 6556 PG 2068
RECORDED 2/24/2026 8:51 AM PAGES 10
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$86 50
HEX NO. 2026-10
HEARING EXAMINER DECISION
DATE OF HEARING.
February 13,2026
PETITION.
Petition No. PDI-PL20250006016 - between Briarwood Boulevard and Sherbrook Drive -
Request for an insubstantial change to the Briarwood Planned Unit Development (PUD)
approved by Ordinance 95-33, as amended, to add an emergency-only access point along
Radio Road for property designated on the PUD Master Plan as Tract A,Multifamily Tract,
and also identified as Tract "B-2" in the Briarwood Unit One Subdivision. The subject site
is 3.34 acres located between Briarwood Boulevard and Sherbrook Drive in Section 31,
Township 49 South,Range 26 East, Collier County,Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests an insubstantial change (PDI) to Ordinance No. 95-33, as amended, to
allow for an emergency access point along Radio Road to address the comments of Greater Naples
Fire Department.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County Code 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 October 29, 2025,
at the Naples Conference Center located at 1455 Pine Ridge Road. This meeting was not valid
due to the newspaper advertisement not running at least 15 days prior to the meeting. A second
NIM was advertised and held on November 5, 2025, at the Naples Conference Center.
Page 1 of 5
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 public speakers.
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 the boundary of
the PUD is not proposed to change.
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 to the previously approved number of dwelling units, the intensity of
land use, or the 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 the request does
not impact the size of the non-residential areas nor propose to relocate such areas within
the PUD
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?
1 The Hearing Examiner's findings are italicized.
Page 2 of 5
The record evidence and testimony from the public hearing reflects that there is no
substantial increase in the impacts of development resulting from this change because this
is an emergency only ingress and egress access point.
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 proposed
change would not result in land use activities that generate higher levels of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation
Engineers, which were not anticipated when the principal uses were originally adopted.
This emergency only ingress and egress point is at the request of the fire district.
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 that the proposed
change will not cause 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 that the proposed
changes to the PUD Document and Master Plan are consistent with the Future Land Use
Element of the Growth Management Plan per Comprehensive Planning staff.
Transportation planning staff reviewed this request and indicated that the proposed
changes would not be deemed inconsistent with the Transportation Element of the GMP.
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 from the public hearing reflects that the proposed
change does not affect the original analysis and findings for the most recent zoning action
Page 3 of 5
in Petition PUDA-PL20170000007 (Ordinance No. 17-42 approved at the October 24,
2017 BCC hearing).
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-PL20250006016, filed by Butler
Engineering,Inc.,representing the applicant Spinelli Family Investments,LLC,with respect to the
subject located between Briarwood Boulevard and Sherbrook Drive in Section 31, Township 49
South, Range 26 East, Collier County, Florida, for the following:
• An insubstantial change (PDI) to Ordinance No. 95-33, as amended, to allow for the
addition of an emergency access point for ingress and egress along Radio Road.
Said changes are fully described in the Revised PUD Master Plan,new Exhibit A-4,and additional
text in Section 4.6 attached as Exhibit"A" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Composite Exhibit including Exhibit A, Exhibit A-1, Exhibit A-2, Exhibit A-3, and
Exhibit A-4
LEGAL DESCRIPTION.
The property is 3.34+ acres identified as Parcel No. 24767504003 within the Briarwood PUD
located along Radio Road between Briarwood Boulevard and Sherbrook Drive, also identified as
Tract"B-2" in the Briarwood Unit One Subdivision, in Section 31, Township 49 South, Range 26
East, Collier County, Florida
CONDITIONS.
• All other applicable state or federal permits must be obtained before commencement of the
development.
Page 4 of 5
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.
/
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
EXHIBIT "A"
LIST OF EXHIBITS
EXHIBIT A BRIARWOOD DEVELOPMENT PUD MASTER PLAN
EXHIBIT A-I TRACT B AND C MULTI-FAMILY MASTER PLAN
EXHIBIT A-2 ENHANCED TYPE "D' BUFFER FOR RADIO AND LIVINGSTON
ROADS FOR RESIDENTIAL MULTI-FAMILY DEVELOPMENT ON
TRACT B AND C
EXHIBIT A-3 ENHANCED TYPE "A" BUFFER ADJACENT TO PLATTED TRACT
B-I MULTIFAMILY
EXHIBIT A-4 TRACT A MULTI-FAMILY MASTER PLAN EMERGENCY ACCESS
SECTION IV
TRACT A: MULTI-FAMILY RESIDENTIAL DEVELOPMENT PARCELS 1 AND 2
4.6 ACCESS TO RADIO ROAD
One access drive shall be permitted to connect Tracts A and SF to Radio Road, and another
access drive shall be permitted to connect Tracts A and SF to future Livingston Road. In addition
to these two primary access points, one access drive shall be permitted on the east end of Tract
A as shown on the revised master plan to provide ingress and egress for emergency vehicles
only. One access drive shall be permitted to connect Tracts B and C to Radio Road and another
access drive shall be permitted to connect Tracts B and C to future Livingston Road.
��P � EXHIBIT A: PUD MASTER PLAN
' ;z£tilw&T A—f TO A-3 AS TO MI RA,'AMLY DEVELOPMENT ON TRACT 8& C
�.. aa�� ,i:a; SEE EX 8T A-4 AS TO MIA TIF'AMAY DEVELOPMENT ON TRACT A
GOLDEN GATE CANAL
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NA% OO I . 0 TRACT & C: MULTIFAMILY RESIDENTIAL 15.99 AC 320 UNITS
TRACT : RECREATION AREA 100 AC
TRACT E. CONSERVATION AREA 7.00 AC
LAKE AREA 31,00 AC
3G' �dE 001110: li 4; 41 RIGHT OF WAY 2700 AC
uwNGSTON ROAD R/W 17.80 AC
PAL EASEMENT 2.80 AC
OPEN SPACE /BUFFER 2 58 AC
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Receipt# 009101695
2/24/2026 8:51:01 AM
`��,,�:x���<,�TM Crystal K. Kinzel
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Clerk of the Circuit Court and Comptroller
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Customer Deputy Clerk Clerk Office Location
CLERK TO THE BOARD/MINS Kyndall A. Ortiz Collier County Govt. Center
& REC Recordinghelp@CollierClerk.com Building LA, 2nd Floor
3299 TAMIAMI TRL E STE 401 239-252-2646 3315 Tamiami Trl E Ste 102
NAPLES, FL 34112 Naples, Florida 34112-4901
1 Document Recorded
DOC TYPE INSTRUMENT BOOK PAGE AMOUNT
Government Related 6788876 6556 2068 $86.50
TOTAL AMOUNT DUE $86.50
Clerk Account#: BCC ($86.50)
BALANCE DUE $0.00
Note:
2/24/2026 8:51:01 AM Kyndall A. Ortiz:
CHARGE ACCOUNT: 131-138350-649030
HEARING EXAMINER DECISION
Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to
assess or refund charges as needed.
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