HEX Final Decision #2025-50 INSTR 6767207 OR 6539 PG 806
RECORDED 12/23/2025 10:33 AM PAGES 11
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$95.00
HEX NO. 2025-50
HEARING EXAMINER DECISION
DATE OF HEARING.
December 11,2025
PETITION.
Petition No. PDI-PL20250006723—10003 Marc Anthony Way-Request for an insubstantial
change to ordinance no. 03-51, as amended, the Wentworth Estates mixed-use planned unit
development (MPUD), commonly known as Treviso Bay, by decreasing the required width
of the northern type 'B' landscape buffer and reducing the minimum side yard setback for
the commercial area.The parcel,which is approximately+/-9.07 acres,is specifically located
at 10003 Marc Anthony Way, Lot Tract FD-1 of the Treviso Bay Subdivision, Section 30,
Township 50 South, Range 26 East,Collier County,Florida.
GENERAL PURPOSE FOR THE PETITION.
This is a request for an insubstantial change to the Wentworth Estates Planned Unit Development
(PUD)by decreasing the required width of the Northern Type"B"Landscape Buffer and reducing
the minimum side yard setback for the commercial area.
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 Tuesday,
September 24, 2025, at 5:30 pm, at Treviso Bay Clubhouse, Naples, FL 34109. There were
five (5)members of the public present, and three (3) who participated remotely on Zoom.
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
Page 1 of 7
rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the
public hearing.
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.
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 no, 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 no, there is no
proposed increase in the 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 no, 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•om the public hearing reflects that no, there would be
no increase in the size of areas used for non-residential uses and no relocation of non-
residential uses.
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 no, there are no
substantial increases in the impacts of the development, which may include, but are not
1 The Hearing Examiner's findings are italicized.
Page 2of7
limited to, increases in traffic generation; changes in traffic circulation; or impacts on
other 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 the requested
changes do not result in land use activities that generate a high level of vehicular traffic.
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 no, 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 no, 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 evidence and testimony from the public hearing reflects that Comprehensive
Planning staff determined the proposed changes to the PUD Document would be consistent
with the FLUE ofthe GMP. Both environmental and transportation planning staffreviewed
this petition, and no changes to the PUD Document are proposed that would be deemed
inconsistent with the COME or the 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 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.
The record evidence and testimony from the public hearing reflects that the PUD is not
designated as a development of regional impact(DRI).
Page 3of7
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 based upon the
analysis provided above, the proposed change is not deemed to be substantial per LDC
Section 10.02.13.
LDC Sec. 10.02.13.E.2 Criterion:
Insubstantial change determination. The request complies with the thresholds for
insubstantial changes to PUDs as outlined in LDC Sec. 10.02.13.E.2 as follows:
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 no changes are
requested for permitted land uses, intensities, or design standards, nor are there any
changes to the original PUD findings.
Comprehensive Planning:
The record evidence and testimony from•om the public hearing reflects that the proposal to reduce the
landscape buffer while still providing the required plantings and to include the remaining buffer
area elsewhere within the site is deemed consistent with the Wentworth Estates PUD and the GMP.
The proposed revisions do not require an amendment to the GMP.
Transportation Element:
Not applicable.
Zoning Review:
The record evidence and testimony from the public hearing reflects that the subject site is part of
the Commercial Area within the Wentworth Estates MPUD (Ordinance 2013-45). The overall
MPUD encompasses 1,563.84 acres, located south of Tamiami Trail East (US 41), approximately
1.5±miles south of Thomasson Drive. The Commercial Area is currently encumbered by a Florida
Power&Light(FPL)Access Easement along the northern property line, which impacts site design
and development capabilities. The proposed adjustments are necessary because FPL denied the
request to relocate the access easement. This denial is likely influenced by logistical challenges,
costs, and the need to maintain operational integrity and regulatory compliance. These factors
have also resulted in design constraints for the applicant at the site. These changes are intended
to facilitate the construction of the site plan as previously approved under the Prima Auto Suites
SDP(PL20230015821). The requested deviations will not have a negative impact on public health,
safety, or welfare and are intended to align the site design with current development standards.
The Commercial Area is adjacent to the Isles of Collier residential community, situated north of
Page 4 of 7
the canal. A 15-foot Type 'B' landscape buffer is required to provide a separation between
commercial and residential uses. The addition of Deviation #13 in this context is to reduce the
buffer referenced in Exhibit "C" and Section IV.4.4.A.7 of the PUD text. As outlined in Section
IV, Item 4.4.2 of the PUD documentation, the side yard setback is currently measured from the
FPL Access Easement. The requested amendment, which reduces the setback, will also
accommodate the necessary landscape buffer in conjunction with the approved site design. The
proposed changes to the Commercial Area within the Wentworth Estates MPUD are necessary to
comply with environmental and inf astructural limitations posed by the encumbered FPL
easement and to ensure the feasibility of the approved site plan.
Landscape Review:
The record evidence and testimony from the public hearing reflects that County staff recommends
approval, of Deviation 13 finding that, in compliance with LDC section 10.02.13.A.3., the
petitioner has demonstrated that "the element may be waived without detrimental effect on the
health, safety and welfare of the community" and LDC section 10.02.13.B.5.h the petitioner as
demonstrated that the deviation is `justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
Conservation and Coastal Management Element(CCME):
The record evidence and testimony from the public hearing reflects that Environmental review
staff have found this project to be consistent with the Conservation & Coastal Management
Element (CCME). No revisions to the environmental portions of the PUD are being requested.
Environmental Review:
The record evidence and testimony from the public hearing reflects that Environmental Planning
staff have reviewed the PUD petition to address environmental concerns. The proposed PUD
changes will not affect any of the environmental requirements of the PUD document (Ordinance
2023-45).A minimum of 258.68 acres of native vegetation is required; however, 291.94 acres have
been preserved(PB 3980, PG 159).
This project does not require Environmental Advisory Council (EAC) review because it does not
fall within the EAC's scope of land development project reviews, as identified in Section 2-1193 of
the Collier County Code of Laws and Ordinances. Environmental Services staff recommend
approval of the proposed petition.
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.
Page 5 of 7
DECISION.
The Hearing Examiner hereby APPROVES Petition No. PDI-PL20250006723, filed by Jessica
Harrelson, AICP, of Peninsula Engineering, representing the applicant Prima Partners LLC, with
respect to the subject PUD located at 10003 Marc Anthony Way,Naples,Florida 34113,in Section
30, Township 50 South,Range 26 East, Collier County, Florida, for the following:
• An insubstantial change to the Wentworth Estates Planned Unit Development (PUD) by
decreasing the required width of the Northern Type `B" Landscape Buffer and reducing
the minimum side yard setback for the commercial area.
Said changes are fully described in the PUD Language Changes attached as Exhibit "A" and the
Zoning Map attached as Exhibit`B", and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A—PUD Language Changes
Exhibit B—Zoning Map
LEGAL DESCRIPTION.
The subject PUD is located at 10003 Marc Anthony Way, Naples, FL 34113, in Section 30,
Township 50 South, Range 26 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.
Page 6 of 7
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.
December6t --.
X �•
22,2025
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 7 of 7
i
i
i
i
i
i
SECTION IV
COMMERCIAL AREA
4.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25') minimum or one-half the building height,.
whichever is greater
2. Side Yard: Fifteen feet (15'), except a minimum setback of seven and a half
feet (7.5') shall apply from the Florida Power & Light Access
Easement (OR Book 4296, Page 1817). See Exhibit C-1, Deviation
#13 for the location of the Florida Power& Light Access Easement.
3. Rear Yard: Fifteen feet (15')
4. Preserve Setbacks:
i. Principal Structures: Twenty-five feet (25')
ii. Accessory Structures: Ten feet (10')
5. Setbacks from a lake for all principal and accessory uses may be zero (0) feet
provided architectural bank treatment is incorporated into the design.
6. Where residential landscape buffers are located adjacent to a commercial
property, clubhouse, or community pool facility, a 10-foot-wide Type A landscape
buffer is required on the residentially zoned property, and a 15-foot-wide Type B
landscape buffer is required along commercial, clubhouse, or community pool
property.
7. The perimeter landscape buffer, adjacent to the Florida Power and Light Access
Easement(OR Book 4296, Page 1817), is subject to Deviation #13 in Exhibit C.
B. Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of structures—Sixty feet(60')Zoned height. Seventy feet(70')Actual
height
D. Minimum distance between all other principal structures—Twenty feet (20')
Wentworth Estates PDI-PL2025000672
Words ctr..ck through are deleted;words underlined are added
October 14, 2025
E. Minimum distance between all other accessory structures (excluding drive-through
facilities)—Ten feet (10')
F. Minimum floor area—Seven hundred (700)square feet gross floor area on the ground
floor
G. Minimum lot or parcel area—Ten thousand (10,000)square feet
H. Minimum lot width—Seventy-five feet (75')
I. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein are to be in accordance with the Collier County Land
Development Code in effect at the time of site development plan approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
J. Architectural standards—All buildings shall maintain a consistent architectural theme
along-theme along each building facade as required by Section 5.05.08 of the Collier
County Land Development Code.
Wentworth Estates PDI-PL2025000672
Words strucket gh are deleted;words underlined are added
October 14,2025
EXHIBIT "C"
LIST OF DEVIATIONS
Deviation 13: seeks relief from LDC Section 4.06.02 C. Table 2.4 "Buffer Requirements," which
requires a 15' Type 'B' landscape buffer between commercial and residential uses, to instead
allow a 7.5'Type 'B' landscape buffer for a total distance of±320', adjacent to the Florida Power
and Light Access Easement,as shown on Exhibit C-1. A compensating buffer area will be provided
along the landscape buffer in the area shown on Exhibit C-1. The compensating buffer area will
be sodded or mulched, or a combination thereof.
Wentworth Estates PDI-PL2025000672
Words struckough are deleted;words underlined are added
October 14, 2025
EXHIBIT " B "
Collier County
./ "Ili' 'Ids>, sue: '
\ < _ r-n . i,tg', m J _ pilliaillrClco\.• SITE
�1 I1 _-i�, v'm r- T LOCATION
T _. _ i
-1 I •DR�I •" �I-Ra loimar elHarnmoc IRD �`.
- / s
-L Ill�titlftftM1
i_ ; �. PROJECT IIIIIIIIIIIIIIP `.
LOCATION ' ., 1
III IIUgI
- . ';s lliiIlIu 1► c.� ' 1
1itt ? p
`t I , , .. . .t .4
ID; 31
i-I,
p1l
lEn •IiLF PI
Location Map Zoning Map
Petition Number: PL20250006723
Page 2 of 9
Wentworth Estates PUD,PDI-PL20250006723 December 11,2025