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HEX Final Decision 2019-33 HEX NO. 2019—33 HEARING EXAMINER DECISION PETITION NO. PL20180002764 — Patrick Vanasse, AICP representing the Collier County Transportation Planning Department requests an insubstantial change to Ordinance No. 2007-46, as amended, the Wolf Creek Residential Planned Unit Development, to remove a development commitment relating to a proportionate share payment for traffic improvements. The subject property is located on the north side of Vanderbilt Beach Road, approximately one-half mile west of Collier Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida,with the PUD consisting of 189± acres. DATE OF HEARING: July 25, 2019 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: Members of the public were in attendance for this item. One resident spoke in favor while two individuals indicated their concern that the removal of the language would provide a release for obligations of the developer. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20180002764, filed by Patrick Vanasse, AICP, of RWA, Inc., representing the Collier County Transportation Planning Department, with respect to the property as described in the Wolf Creek RPUD, Ordinance No. 07-27, as amended, for an insubstantial change to remove a development commitment relating to a proportionate share payment for traffic improvements, as shown in the Wolf Creek RPUD amendment attached as Exhibit"A", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—RPUD Amendment LEGAL DESCRIPTION: See Ordinance No. 07-46, as amended, the Wolf Creek RPUD. [19-CPS-01882/1488792/1] 1 of 2 CONDITIONS: 1. 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. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. 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. 1 31 - 1 - 15 0.104.,u11Date M Strain, Hearing Examiner Approved as to form and legality: A C Hf7*-- i Ashton-Cicko Managing Assistant County Attorney [19-CPS-01882/1488792/1] 2 of 2 Exhibit "A" **************************************************************************************************** 5.7 TRAFFIC A. All traffic control devices signs pavement markings and design criteria shall be in accordance with Florida Department of Transportation FOOT Manual of Uniform Minimum Standards MUMS current edition FOOT Design Standards current edition and the Manual on Uniform Traffic Control Devices MUTCD current edition All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy CO C. Site related improvements as opposed to system related improvements necessary for safe ingress and egress to this project as determined by Collier County shall not be eligible for impact fee credits All required improvements shall be in place and available to the public prior to the issuance of the first CO D. Road Impact Fees shall be paid in accordance with applicable County ordinances and the LDC E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy Resolution No 01 247 as it may be amended and the LDC as it may be amended Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health safety and welfare of the public Any such modifications shall be based on but are not limited to safety operational circulation and roadway capacity F. Interconnections shall be required by Collier County staff as a condition of SOP approval traffic signal system or other traffic control device sign or pavement marking at any development entrancc onto the County s collector arterial roadway **************************************************************************************************** Revised 5/31/07 to reflect BCC changes 16