6-11-2026 HEX INDEX
Hearing Examiner Meeting · 2026-06-11 · agenda
This document is an agenda for the Collier County Hearing Examiner meeting on June 11, 2026. It lists three advertised public hearings. Project 3.A. involves an insubstantial change to the Magnolia Pond Planned Unit Development (PUD) to reconfigure the layout of preserve, lake, and residential development in Tract (R2). Project 3.B. is a variance request for a reduced side yard setback for an existing pool and screen enclosure at 6806 Wellington Drive. Project 3.C. is an appeal of an official interpretation regarding statutory preemption of the County's Land Development Code concerning mulching on Agriculture-zoned land for a nursery.
Agenda items
- 1. Cover Letter
- 1. Customary accessory uses and structures including carports, garages, and utility buildings.
- 1. Is the project in compliance with the overlays, districts and/or zoning on the subject site and/or the
- 1. Please provide Environmental Data: Please provide a FLUCFCS aerial map of the subject property,
- Engineering & Architecture
- Business Consulting
- Professional Services (Other)
- 1. Single- family dwellings (includes zero-lot line), limited to a maximum of 125 units.
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Carpentry & Cabinetry
- Electrical
- HVAC & Climate Control
- Painting & Flooring
- Plumbing
- Roofing
- Drywall & Insulation
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 1. Staff Report-Magnolia Pond PDI 5-19-26
- Site Prep, Grading & Hardscape
- General Contractor
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Painting & Flooring
- Plumbing
- Roofing
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS . AREAS PROVIDED IN THE LAND USE SUMMARY
- Site Prep, Grading & Hardscape
- General Contractor
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Painting & Flooring
- Plumbing
- Roofing
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- Landscaping & Lawn Service
- 1. The suitability of the area for the type and pattern of development proposed in relation to
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Plumbing
- Roofing
- General Contractor
- Real Estate Development
- Building & Industrial Supply
- Engineering & Architecture
- Landscaping & Lawn Service
- 1. Whether the proposed change will be consistent with the goals, objectives, policies,
- 10. Current Aerial/Location Map
- 10. Whether the proposed change would adversely affect property values in the adjacent
- 11. Environmental Data/Listed Species Survey
- 11. Whether the proposed change will be a deterrent to the improvement or development of
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Plumbing
- Carpentry & Cabinetry
- Drywall & Insulation
- Roofing
- Painting & Flooring
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 12. Narrative and Evaluation Criteria
- 12. Whether the proposed change will constitute a grant of special privilege to an individual
- 13. Revised MCP
- 13. Whether there are substantial reasons why the property cannot be used in accordance
- Real Estate Development
- General Contractor
- Building & Industrial Supply
- Engineering & Architecture
- 14. Existing MCP
- 14. Whether the change suggested is out of scale with the needs of the neighborhood or the
- 15. Current PUD (Ord 2025-46)
- Engineering & Architecture
- Real Estate Development
- Site Prep, Grading & Hardscape
- General Contractor
- Building & Industrial Supply
- 15. Whether it is impossible to find other adequate sites in the county for the proposed use in
- 16. The physical characteristics of the property and the degree of site alteration which would
- Site Prep, Grading & Hardscape
- General Contractor
- Engineering & Architecture
- Real Estate Development
- Building & Industrial Supply
- 17. The impact of development on the availability of adequate public facilities and services is
- Engineering & Architecture
- Site Prep, Grading & Hardscape
- General Contractor
- Concrete & Masonry
- Electrical
- Plumbing
- HVAC & Climate Control
- Roofing
- Painting & Flooring
- Drywall & Insulation
- Building & Industrial Supply
- Real Estate Development
- Legal Services
- Government Authority
- 18. Such other factors, standards, or criteria that the Board of County Commissioners shall
- 2. Adequacy of evidence of unified control and suitability of any proposed agreements,
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Painting & Flooring
- Plumbing
- Roofing
- Drywall & Insulation
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 2. Attachment A-Proposed Master Plan 5-19-26
- 2. Certificate of Affordable Housing Expedited Review
- 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND
- Site Prep, Grading & Hardscape
- General Contractor
- Electrical
- Plumbing
- HVAC & Climate Control
- Concrete & Masonry
- Painting & Flooring
- Roofing
- Drywall & Insulation
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 2. Please provide a current Listed Species Survey, which should include listed plants for the subject
- Engineering & Architecture
- Business Consulting
- Professional Services (Other)
- Landscaping & Lawn Service
- Government Authority
- 2. Recreational uses and facilities including clubhouses, swimming pools, tennis courts, volleyball
- Site Prep, Grading & Hardscape
- General Contractor
- Pool & Spa Construction
- Carpentry & Cabinetry
- Concrete & Masonry
- Painting & Flooring
- Plumbing
- HVAC & Climate Control
- Electrical
- Lighting & Low-Voltage Systems
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 2. Submit a current aerial photograph and clearly delineate the subject site boundary lines. If the site is
- 2. The existing land use pattern.
- 2. Two-family dwellings and duplexes.
- 3. Advertised Public Hearing
- Site Prep, Grading & Hardscape
- General Contractor
- Real Estate Development
- Engineering & Architecture
- 3. Attachment B-Ordinance 2025-46
- 3. Completed Addressing Checklist
- 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- General Contractor
- Engineering & Architecture
- Real Estate Development
- Building & Industrial Supply
- 3. Manager's residences and offices, temporary sales trailers, and model units.
- Site Prep, Grading & Hardscape
- General Contractor
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 3. Multi-family dwellings (includes buildings containing more than 2 units that are physically
- 3. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained,
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- Landscaping & Lawn Service
- 3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
- Real Estate Development
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Plumbing
- HVAC & Climate Control
- Carpentry & Cabinetry
- Roofing
- Painting & Flooring
- Building & Industrial Supply
- Engineering & Architecture
- Landscaping & Lawn Service
- 4. Assisted living facilities at a F.A.R. of .60 (fur each four /\LF units developed, one residential
- General Contractor
- Carpentry & Cabinetry
- Concrete & Masonry
- Drywall & Insulation
- Electrical
- HVAC & Climate Control
- Painting & Flooring
- Plumbing
- Roofing
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 4. Attachment C-Original Rezone and PUD Findings
- 4. Gatehouse.
- 4. PDI Application
- 4. Please address how the proposed project is consistent with Conservation Coastal Management
- 4. TRAFFIC
- 4. The internal and external compatibility of proposed uses, which conditions may include
- 4. Whether existing district boundaries are illogically drawn in relation to existing
- 5. Any other permitted use deemed compatible by the Board of Zoning Appeals or the Hearing
- 5. Attachment D-NIM Documents
- 5. Email Waiving Pre-Application Meeting
- 5. Essential services, including interim and permanent utility and maintenance facilities.
- 5. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts
- Site Prep, Grading & Hardscape
- Landscaping & Lawn Service
- 5. The adequacy of usable open space areas in existence and as proposed to serve the
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- Real Estate Development
- 5. Whether changed or changing conditions make the passage of the proposed amendment
- Real Estate Development
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Carpentry & Cabinetry
- Electrical
- Plumbing
- HVAC & Climate Control
- Roofing
- Painting & Flooring
- Building & Industrial Supply
- Engineering & Architecture
- Landscaping & Lawn Service
- 6. ARCHITECTURAL
- 6. Affidavit of Authorization
- 6. Any other accessory use deemed compatible by the Board of Zoning Appeals or the Hearing
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Carpentry & Cabinetry
- Roofing
- Electrical
- Plumbing
- HVAC & Climate Control
- Painting & Flooring
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 6. Attachment E-Application
- 6. Indicate how the project design minimizes impacts to listed species. Describe the measures that are
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- Legal Services
- Government Authority
- 6. The timing or sequence of development for the purpose of assuring the adequacy of
- Engineering & Architecture
- Site Prep, Grading & Hardscape
- General Contractor
- Electrical
- Plumbing
- HVAC & Climate Control
- Concrete & Masonry
- Painting & Flooring
- Roofing
- Drywall & Insulation
- Building & Industrial Supply
- Real Estate Development
- Legal Services
- Landscaping & Lawn Service
- 6. Whether the proposed change will adversely influence living conditions in the
- 7. Magnolia Pond PDI Sign Posting Affidavit
- 7. OPERATIONAL CHARACTERISTICS FOR ALF UNITS
- 7. Property Ownership Disclosure Forms
- 7. The ability of the subject property and surrounding areas to accommodate expansion.
- 7. Whether the proposed change will create or excessively increase traffic congestion, or
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- General Contractor
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Painting & Flooring
- Plumbing
- Roofing
- Drywall & Insulation
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 8. AFFORDABLE HOUSING
- 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Plumbing
- HVAC & Climate Control
- Painting & Flooring
- Roofing
- Drywall & Insulation
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- 8. Legal Ad 5-22-26A
- Site Prep, Grading & Hardscape
- General Contractor
- Engineering & Architecture
- Real Estate Development
- Building & Industrial Supply
- Landscaping & Lawn Service
- 8. Recorded Warranty Deed
- 8. Whether the proposed change will create a drainage problem.
- 9. Legal Description
- 9. Whether the proposed change will seriously reduce light and air to adjacent areas.
- A. A copy of the approval of the SFWMD Right of Way and Discharge Permit for outfall into Golden
- A. All buildings, lighting, signage, and landscaping within the individual development tracts located
- General Contractor
- Carpentry & Cabinetry
- Concrete & Masonry
- Electrical
- Roofing
- Painting & Flooring
- Plumbing
- HVAC & Climate Control
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- A. As documented in the Affordable Housing Density Bonus Agreement. the Developer has agreed
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Plumbing
- Electrical
- HVAC & Climate Control
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- A. Care units may be composed of one or more types of care/housing facilities. These care/housing
- General Contractor
- Carpentry & Cabinetry
- Concrete & Masonry
- Drywall & Insulation
- Electrical
- HVAC & Climate Control
- Painting & Flooring
- Plumbing
- Roofing
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- Catering
- A. Permitted Principal Uses and Structures:
- A. Prior to SOP approval a FOOT "~Jotice of Intent to Issue" Right of 1Nay permit shall be submitted
- A. The minimum native preservation requirement shall be ~ 9.64-acres (41-:-10 38.54-acres
- Site Prep, Grading & Hardscape
- Landscaping & Lawn Service
- Engineering & Architecture
- A. The property owner, his or her assigns and or subsequent homeowners associations will be
- General Contractor
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- Property Management
- Legal Services
- Engineering & Architecture
- A. This project may not receive Development Order appro1.,al until fair share contribution tO'ovards
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- General Contractor
- Engineering & Architecture
- Real Estate Development
- Building & Industrial Supply
- B. A 30' wide drainage, maintenance and access easement will be donated at no cost to the County
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- Engineering & Architecture
- B. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- General Contractor
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- B. Permitted Accessory Uses and Structures:
- B. Permitted Principal Uses and Structures in the Preserve (for as long as the minimum required
- C. Florida Black Bear and Big Cypress fox squirrel management plans shall be submitted as part of
- C. Lake setbacks from the perimeter of the MPUD to edge of water may be reduced to twenty-five
- Site Prep, Grading & Hardscape
- General Contractor
- Landscaping & Lawn Service
- Construction (Other)
- Cc: Dan Waters; Craig Brown
- Engineering & Architecture
- Site Prep, Grading & Hardscape
- General Contractor
- Plumbing
- Electrical
- HVAC & Climate Control
- Concrete & Masonry
- Roofing
- Building & Industrial Supply
- Real Estate Development
- Cc: Jaime Cook <Jaime.Cook@collier.gov>; Dan Waters <DWaters@pen-eng.com>
- Engineering & Architecture
- Site Prep, Grading & Hardscape
- Real Estate Development
- Cc: Jaime Cook <Jaime.Cook@collier.gov>; Dan Waters <DWaters@pen-eng.com>
- Engineering & Architecture
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Real Estate Development
- Government Authority
- Cc: Jaime Cook; Dan Waters
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- Real Estate Development
- Building & Industrial Supply
- General Contractor
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Painting & Flooring
- Plumbing
- Roofing
- Landscaping & Lawn Service
- D. A Gopher Tortoise relocation management plan shall be submitted as part of the next
- Engineering & Architecture
- Business Consulting
- Site Prep, Grading & Hardscape
- Landscaping & Lawn Service
- E. A report to the Environmental Services staff on the results of the relocation of gopher tortoises
- Site Prep, Grading & Hardscape
- Landscaping & Lawn Service
- Nursery & Horticulture
- Engineering & Architecture
- R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
- Legal Services
- Engineering & Architecture
- Site Prep, Grading & Hardscape
- General Contractor
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Plumbing
- Roofing
- Painting & Flooring
- Building & Industrial Supply
- Real Estate Development
- a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
- a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)?
- b. If the property is owned by a CORPORATION, list the officers and stockholders and the
- b. Is there a proposed increase in the total number of dwelling units or intensity of land use
- c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
- c. Is there a proposed decrease in preservation, conservation, recreation, or open space
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
- d. Is there a proposed increase in the size of areas used for non-residential uses, to include
- e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
- e. Is there a substantial increase in the impacts of the development which may include, but
- f. If any contingency clause or contract terms involve additional parties, list all individuals or
- f. Will the change result in land use activities that generate a higher level of vehicular
- g. Date subject property acquired _______________
- Site Prep, Grading & Hardscape
- General Contractor
- Engineering & Architecture
- Building & Industrial Supply
- Real Estate Development
- g. Will the change result in a requirement for increased stormwater retention, or otherwise
- h. Will the proposed change bring about a relationship to an abutting land use that would
- i) Passive recreational areas including recreational shelters.
- i. Are there any modifications to the PUD Master Plan or PUD document or amendment
- ii) Biking, hiking, and nature and horse trails, and boardwalks .
- iii) Native preserves and wildlife sanctuaries.
- iv) Any other use deemed consistent with the LDC for permitted uses in preserves or
- j. The proposed change is to a PUD District designated as a Development of Regional
- Legal Services
- Engineering & Architecture
- Real Estate Development
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Plumbing
- HVAC & Climate Control
- Roofing
- Painting & Flooring
- Building & Industrial Supply
- k. Are there any modifications to the PUD Master Plan or PUD document or amendment
- General Contractor
- Engineering & Architecture
- Landscaping & Lawn Service
- Building & Industrial Supply
- Real Estate Development
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