HEX Final Decision 2021-41HEX NO. 2021-41
HEARING EXAMINER DECISION
DATE OF HEARING.
August 26, 2021
PETITION.
PETITION NO. PDI-PL20210000063 — Request for an insubstantial change to the
Orangetree Planned Unit Development, Ordinance No. 04-73, as amended, by including a
deviation from Section 5.03.02.C.1 of the Land Development Code to increase the maximum
wall height from 6 feet to 8 feet to allow an 8-foot high wall within Tract "B" of Waterways
of Naples, Unit Seven, commencing at the eastern property line and continuing west parallel
to the platted 74-foot access easement for a distance of 880E feet for the benefit of the
Waterways of Naples, Unit Seven subdivision, which comprises 116.04E acres, located within
the larger 2138.76E acre Orangetree PUD, located on the east side of Immokalee Road (CR
846) between Oil Well Road (CR 858) and 39th Avenue NE in Section 14, Township 48 South,
Range 27 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Collier County Solid and Hazardous Waste Management Division is requesting a deviation
from LDC Section 5.03.02.C.1, to increase the permitted maximum wall height from 6-feet to 8-
feet within a defined area, for the benefit of the residents of the Waterways of Naples Subdivision.
Said wall is to be located within Tract `B" of Waterways of Naples, Unit Seven (Plat Book 36,
Pages 72-77), commencing at the eastern property line and continuing west, parallel to the platted
74-foot access easement (39th Ave NE), for a distance of 880± feet terminating at an existing
berm.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
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.
Page 1 of 6
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
5. The Petitioner and/or Petitioner's representative presented the Petition, followed by County
staff and then public comment. A written objection was supplied by a nearby resident, who
objected to the removal of trees to construct the wall, not the construction of the wall itself.
6. The Neighborhood Information Meeting (NIM) was held on June 29, 2021, at the OF/IFAS
Collier County Extension, 14700 Immokalee Road, Naples, Florida. NIM was simultaneously
conducted by means of a virtual format via Zoom. As stated within the applicant's meeting
summary a total of 5 individuals from the public attended the meeting; Zoning Department
representatives were also in attendance.
7. There is currently an Insubstantial Change to Construction Plans (ICP), ICP-PL20210000350,
under review pending approval of the subject PDI.
8. 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
having the authority of the Planning Commission may approve a request for an insubstantial
change to an approved PUD ordinance upon review and evaluation of the criteria in the Collier
County Land Development Code.'
Section 10.02.13.E.1 Criteria:
1. Is there a proposed change in the boundary of the Planned Unit Development (PUD)?
The record 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 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 from the public hearing reflects that there is no proposed decrease in
preservation, conservation, recreation, or open space area proposed.
'The Hearing Examiner's findings are italicized.
Page 2 of 6
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 from the public hearing reflects that there is no increase to the size of areas
used for non-residential uses and no relocation of non-residential uses proposed.
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 from the public hearing reflects that there are no substantial impacts resulting
from this PUD amendment.
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 from the public hearing reflects that no additional dwelling units are proposed;
therefore, the proposed PUD Amendment 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.
7. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
The record from the public hearing reflects that adequate area exists on site for stormwater
retention and no change to the approved discharge rate is proposed; therefore, the
proposed change 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 from the public hearing reflects that 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 from the public hearing reflects that the proposed changes to the PUD
Document are consistent with the FLUE of the GMP, and no changes to the PUD
Document are proposed that would be deemed inconsistent with the CCME or the
Page 3 of 6
Transportation Element of the GMP. This petition does not propose any increase in 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 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.
The record from the public hearing reflects that the subject PUD is not a DRI.
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 from the public hearing reflects that the proposed change is not deemed to be
substantial.
Section 10.02.13.E.2 Criteria:
Does this petition change the analysis of the findings and criteria used for the original
application?
The record from the public hearing reflects that the proposed changes do not affect the
original analysis and findings for the original application.
The petitioner is seeking one deviation from the landscape buffers requirements of the LDC.
Proposed Deviation A Deviation #1 seeks relief from LDC Section 5.03.02.C.1.a "Fences and
Walls, Excluding Sound Walls," which requires a maximum fence or wall height of 6 feet in the
front yard of lots greater than 1 acre within residential components of a PUD, to instead allow an
8- foot high wall within Tract `B" of Waterways of Naples, Unit Seven (Plat Book 36, Pages 72-
77), commencing at the eastern property line and continuing west, parallel to the platted 74-foot
access easement, for a distance of 880± feet. Refer to Exhibit F — Waterways Wall.
The Petitioner explains that:
The purpose of the increase in wall height is to provide additional screening and buffering
between the Waterways of Naples Subdivision from adjacent governmental facilities,
including the existing location of the Collier County Fairground. The wall will aide in
reducing noise, light and headlight glare emanating from the adjacent County properties
into the Waterways Subdivision. The length of the proposed wall will be approximately
1880 feet in length, extending from the eastern termination of the existing earth berm and
will end at the Waterway's property line. This deviation request has no negative impact on
the surrounding neighborhood and will benefit the residents of Waterways of Naples.
Page 4 of 6
The record from the public hearing reflects that the applicant has been involved with
meetings involving the homeowners' association and further believes that the applicant is
proactively working to avoid future issues. The wall will mitigate the impacts of the
adjoining non-residential use. There have been two e-mailed letters of objection from the
same individual. In finding for an approval of the proposed deviation, it is in compliance
with LDC section 10.02.13.A.3., and the petitioner has demonstrated that "the element may
be waived without detrimental effect on the health, safety and welfare of the community ".
Also, in LDC section 10.02.13.B.5.h the petitioner has demonstrated that the deviation is
`justified as meeting public purposes to a degree at least equivalent to literal application
of such regulations. "
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. I and 10.02.13.E.2 of the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL20210000063, filed by
Jessica Harrelson, AICP of Peninsula Engineering. representing Waterways of Naples
Homeowners Association, Inc. and Kari Hodgson, P.E., Division Director of Collier County Solid
& Hazardous Waste Management Division, with respect to the property in the Orangetree PUD
Ordinance No. 04-73, as amended, and described as the east side of Immokalee Road (CR 846)
between Oil Well Road (CR 858) and 39th Avenue NE in Section 14, Township 48 South, Range
27 East, Collier County, Florida, for the following:
• An insubstantial change to the Orangetree PUD, Ordinance No. 04-73, as amended, by
including a deviation from Section 5.03.02.C. I of the Land Development Code (LDC) to
increase the maximum wall height from 6 feet to 8 feet to allow an 8-foot high wall within
Tract `B" of Waterways of Naples, Unit Seven, commencing at the eastern property line
and continuing west parallel to the 74-foot access easement for a distance of 880± feet for
the benefit of the Waterways of Naples, Unit Seven subdivision, which comprises 116.04±
acres.
Said changes are fully described in the Proposed PDI and Plans attached as Exhibit "A" and are
subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Proposed PDI and Plans
Page 5 of 6
LEGAL DESCRIPTION.
See Ordinance No. 04-73, as amended, and described as the east side of Immokalee Road (CR
846) between Oil Well Road (CR 858) and 39th Avenue NE in Section 14, Township 48 South,
Range 27 East, Collier County, Florida
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.
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 6 of 6
EXHIBIT "A"
LIST OF EXHIBITS AND TABLES
PAGE
TABLE I
Land Use Summary
6
TABLE II
Estimated Absorption Schedule
7
TABLE II -A
R-2 Development Standards
14
TABLE II-B
R-3 Development Standards
15
TABLE II-C
Non -Residential Use Development Standards
16
TABLE III
NC Development Standards
22
TABLE IV
OC Development Standards
25
TABLE V
MU/U Development Standards
37
EXHIBIT A
Master Plan
50
EXHIBIT B
Legal Description
51
EXHIBIT C
Landscape Buffer Location Map
53
EXHIBIT D
Landscape Buffer Exhibits:
1. Neighborhood Commercial — Randall Boulevard Landscape
Buffer to Residential
54
2. Office Commercial Landscape Buffer to Residential
55
3. Neighborhood Commercial — Oil Well Road Landscape to
56
Residential
4. Mixed Use/ Utility Landscape Buffer to Residential
57
EXHIBIT E
Future Gate/ Recreation Area Locations
58
EXHIBIT F
Waterways Wall Exhibit
59
Words 5tFWsl(-thF8wgh are deleted; words underlined are added.
Orangetree PUD
PDI-PL20210000063
April 1, 2021
DE
DAVIDSON
E N G IN E E R IN G
ESTABLISHED
SECTION II
PROJECT DEVELOPMENT
2.10 DEVIATIONS
A. EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATION
Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision review
and approval.
B. OTHER EXCEPTIONS TO THE COLLIER COUNTY LAND DEVELOPMENT CODE
1. Deviation #1 seeks relief from LDC Section 5.03.02.C.1.a "Fences and Walls, Excluding Sound
Walls," which requires a maximum fence or wall height of 6 feet in the front yard of lots greater
than 1 acre within residential components of a PUD, to instead allow an 8-foot high wall within
Tract "B" of Waterways of Naples, Unit Seven (Plat Book 36, Pages 72-77), commencing at the
eastern property line and continuing west, parallel to the platted 74- foot access easement, for a
distance of 880± feet. Refer to Exhibit F — Waterways Wall.
*************************
Orangetree PUD
PDI-PL20210000063
April 1, 2021
N.
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LAND USE SUMMARY:
DESCRIPTION
SYMBOL UNITS
t ACREAGE
:'—
AGRICULTURE
AG —
198.3
GOLF COURSE o
GC (b)
198.0"—
�.
RESIDENTIAL c-0
(R-2. R-3) 3,150.(b)
13167
—
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SCHOOLS AND PARKS
SP —
62.1
_
PUBLIC FACILITY
PF —
1470
COMMUNITY USE
CU —
155.2
NEIGHBORHOOD COMMERCIAL
OFFICE COMMERCIAL
NC (a)
OC (a)
239
94
S
MIXED USE / UTILITY
MU/U (a).(b)
28.2
TOTAL:
3,150
2.138.8
J (j
Z
(T) GOLF COURSE ACREAGE INCLUDES LADS AND PRESERVE AREAS
INTERNAL TO THE GOLF COURSE LAND USE DESIGNATION.
01
(2) RESIDENTIAL ACREAGE INCLUDES ROW. LABS AND PRESERVE
AREAS INTERNAL TO THE RESIDENTIAL LAND USE DESIGNATION
(EAST) RESIDENTImumum AL UNITS t,650 SQ. FT (a) TOTAL COMMERCIAL SQUARE FOOTAGE VMTHIN THE ORANGETREE PUD
SHALL NOT EXCEED 332,000 SF GROSS BUILQING FLOOR AREA.
��'AA LIMITED TO MINIMUM t m SQ FT. ALLOCATION OF SQUARE FOOTAGE BETWEEN NC. OC 8 MU SHALL BE o
RESDBMAL UNITS DETERMINED AT TIME OF DEVELOPMENT ORDER
(b) TOTAL RESIDENTIAL UNITS SHALL NOT EXCEED 3,150 UMTS IN
RESIDENTIAL. MUTED USE AND GOLF COURSE AREAS eeeZZZ
GC :�f c _ ....
NATIVE VEGETATION NOTE: IV
i IAN PRESERVE RTOURED - 259 4 AC NATIVE VEGETATION X 0 25 . 64 Y AC,
PRESERVE PROVIDED 6BA AG
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•nm••. RESERVATOR
NOTE: 1) THE LOCAYXXA AMOUNTS AM CONRGURATIONS OF OEPICTEO MPROVEMENT5 ARE CONCEPTUA LT SHOAFI FOR LLLUSTRAT,VE PURPOSES NO ARE SL8IECTTO C %,AX CUM G TWL
DESIGN AND PERWT7ING. VATER MPNALE►ENT AREAS MAY BE RELOCATED AND SUCH 04ANGFS WELL BE CONsDEAM MI OR ANDOMaM8:TVATH TFE APPROVEOP U0. MASTER PLAN
2) SEE ACCESS M44AGEAENT PLAN TOR AOOITIOMAL INIERSECTON INPOWAT10N
9) ACCESS POINTS SHOVMJ VATHN THE PUD MASTER PLAN ARE CONSIDERED CONCEPTUAL AND SUB,ECT TO Ux SECTION aO601 C.VL2 FINk LWAT04 9 N UkeER HAVE NOT BEEN
n Tom„ w m APPROVED BY COUNTY
LEGEND: j Q@
ORANGETREE PUD BOUNDARY
LAND USE DESIGNATION BORDER �•
i.m.w.s.v
/y EXISTING ACCESS POINT
( _) FUTURE ACCESS POINT
EXISTING RO.W.
FUTURE R.O.W.
EXISTING LAKE
FUTURE LAKE
- PRESERVE AREA (6S6 AC)
ROADWAY NOTES'
' FUTURE 00. WELL ROAD "PAHMM LM WORK PROVIM BY
CmZm HILL
— FUTURE RAPOALL BOULEVARD E)WWAMOH LICE WOfb(
PROVIDED BY COLLIER COUNTY TEAL
— EMERGENCY ACCESS
nrn_rw1.A
.LINT
SKEET 1
OF 1
•� ~10457
±880 LF 8.0' HIGH PRECAST CONCRETE
WALL 3.0' SOUTH OF EASEMENT LINE
WITHIN 10' TYPED LANDSCAPE BUFFER
n
74 ACCESS EASEMENT
(PB 36, PG 72)—
—
— —
— — — —
39TH AVENUE NE
— —
LL LL V l.a �LL LL
"B"
— —
LL
— — — —
LL LL u LL
TRACT
r.
WATERWAYS OF NAPLES, UNIT SEVEN
N
IqLy
(PB 36, PG 72)
SCALE 1:100
LIMITS OF
CONSTRUCTION
FOR THESE PLANS
74' ACCESS EASEMENT
10
TYPE 'D'
19, 6' 12' 12'
6'
! LANDSCAPE
BUFFER
VARIES 4.2'
4.2' 10'
1
8.0' PRECAST CONC. WALL
1
8.0
3' SOUTH OF EASEMENT LINE
SLOPE
DESIGNED BY OTHERS
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CELEBRATING YEARS
No 00009496
TYPICAL ROAD
SECTION A A
N.T.S.
ORANGETREE PUD
SHEET NO
EXHIBIT F -
WATERWAYS WALL
—\Active Projects\Collier County\CC V. �ERWAYS WALL\04—DWG\Planning Dept Plans\2021-02-22—WW—PUD EXHIBIT.dwg (PUD EXHIBIT F — 1) jenna.woodward Feb 09, 2021 — 2:02pm