HEX Final Decision 2014-08 HEX NO. 2014 - 08
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20130002234 — Minto Sabal Bay, LLC, is requesting an
insubstantial change to the Sabal Bay Mixed Use Planned Unit Development (MPUD),
Ordinance No. 05-59, as amended, to change the development standards for accessory and
principal structure setbacks from lake easements, and to provide for additional signage,
including internal project identification flags on light poles within the project. The subject
property is located south of Thomasson Drive, south and west of U. S. 41, north and west of
the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway in Sections 23, 24,
25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South,
Range 26 East, Collier County, Florida, consisting of 2,416±Acres.
DATE OF HEARING: April 10, 2014
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.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20130002234, filed by Chris
Van Buskirk of Barraco and Associates, Inc. representing Minto Sabal Bay, LLC, with respect to
the property as described in the Sabal Bay MPUD, Ordinance No. 05-59, as amended, for the
following insubstantial changes:
• to revise PUD Section 2.17, Signage, to allow project identification flagpole signs
internal to the development; and
• to revise PUD Section 3.5, Development Standards, by modifying footnote one to allow
both principle and accessory uses and structures a zero foot setback from the lake
maintenance easement limit/line.
Said changes are fully described in the staff report, and in the Sabal Bay MPUD amendment and
Signage Plan and Single Family Lot Detail attached as Exhibit "A". The findings for the original
PUD were reaffirmed and included as Exhibit C to the public hearing and accepted as a part of
this review.
ATTACHMENTS: Exhibit A—MPUD Amendment and Signage Plan and Single Family Lot
Detail.
LEGAL DESCRIPTION: See Ordinance No. 05-59, as amended, the Sabal Bay MPUD.
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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, Collier County. 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.
LI- 1G - 2a 11 141
Date Mar Strain, Hearing Examiner
Appr ed as to s 1 i •la legality:
Scott A. Stone
Assistant County Attorney
13-CPS-01273/23
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EXHIBIT "A"
Page 1 of 4
Text Amendment to Ordinance No. 12-12
Section II Project Development
2.17 Signage
A. General
All signs shall be in accordance with section 5.06.00 of the LDC except in the following
instances.
1. Two ground or wall entrance signs shall be allowed at the entrance to each
individual residential tract and shall be limited in size to 60 square feet each
and shall not exceed a height of 6 feet as measured from finished grade.
These signs shall not contain more than the project name of the individual
tract, the main project name or any major use, the insignia or motto of the
project and the Owners' name and logo. Said signs shall be located so that
they are visible only internal to the Sabal Bay MPUD. This constitutes a
deviation from the Subsection 5.06.02.B.6 of the LDC, which limits such signs
to 64 square feet.
2. Two ground signs are permitted for each project entrance (on US 41,
Thomasson Drive, Hamilton Avenue and Bayshore Drive), and shall be
allowed in addition to other signage allowed by Section 5.06.00 of the LDC.
Each of these permitted signs shall be limited to 120 square feet in area and
shall only contain the name of the project or any major use, insignia or motto
of the entire development and the Owners' name and logo and shall be
architecturally compatible with the landscape buffer along the project
boundaries and the common architectural theme of the entire project. This
constitutes a deviation from LDC Section 5.06.02 and 5.06.04 which limits
such signs to 64 square feet.
3. Boundary marker monuments containing project identification signs designed
to identify the project, or any major use within the project, shall be permitted
in locations depicted on the MPUD Master Plan (Exhibit "A"). The sign face
area for such boundary markers shall not exceed 64 square feet in area and
y ..
EXHIBIT "A"
Page2of4
shall not exceed the height or length of the monument on which it is located.
If the sign is two-sided, each sign shall not exceed 64 square feet in area.
Each sign shall only contain the main project name, insignia or motto of the
entire development, and the Owners' name and logo.
4. In the case of commercial development within the RECNC District, which is
internalized within the MPUD, and in consideration of mixed-use and/or neo-
traditional development, signage may vary from the requirements of Chapter
5.06.00 of the LDC.
5. Traffic signs, such as street signs, stop signs, speed limit signs, internal
directional signs, and the like, shall be designed to reflect a common
architectural theme. The placement and size of such signs shall be in
accordance with the LDC, or other applicable County regulations.
6. Project identification flagpoles may be located throughout project. Internal
project identification flagpoles must be located on light poles, shall not exceed
8 square feet ( 34" height, 30" width), and must be setback a minimum of 20'
from a public right of way. Flagpole sign, text and graphical representation
may be altered from what is shown on Exhibit "D", Signage Plan and Single
Family Lot Detail. Future development phases will follow similar intensities
and frequency as the skin placement represented on Exhibit "D".
EXHIBIT "A"
Page3of4
Text Amendment to Ordinance No. 12-12
Section III Residential
3.5 Development Standards
Table I: Sabal Bay MPUD Development Standards for"RG" Residential Area
***************************
ACCESSORY
STRUCTURES
Rear'-
***************************
*1 Setback from lake easements for all occc sory uses and structures may be 0
feet. Setback from preserve shall be 25 feet for principal structures and 10 feet for
accessory structures, or as may otherwise be permitted in accordance with the
applicable provisions set forth in LDC Section 3.05.07.
EXHIBIT "A"
Pa•e4of4
8
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PROJECT IDENTIFICATION /
FLAGPOLES 34"X 30" � ' �0(TO BE HUNG ON \STREETLIGHT POLES) , \
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SINGLE FAMILY LAKE O #
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EASEMENT TYPICAL LOT DETAIL ' `®® i/si
LAKE CONTROL
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NOTES t� N S
1. ALL PROJECT IDENTIFICATION FLAGPOLES � W
LOCATED ALONG TAMIAMI TRAIL(US 41)SHALL
111111 / o 200 400
BE LOCATED ON/WITHIN THE ISLES OF COLLIER 11111111111 10
PRESERVE PROPERTY AND NOT WITHIN THE ' 10 SCALE IN FEET
US 41 RIGHT-OF-WAY.
2. PROJECT IDENTIFICATION FLAGPOLE 41 4)41
LOCATIONS ALONG TAMIAMI TRAIL(US41)ARE
RESTRICTED TO THE NUMBER AND APPROXIMATE LOCATION SHOWN ON THIS SIGNAGE PLAN. 13. PROJECT IDENTIFICATION FLAGPOLES AND 4Ss# �
SIGNAGE SIZE SHALL NOT EXCEED THE SIZE
AS DEPICTED ON THIS SIGNAGE PLAN. e4R 10 y
4. PROJECT IDENTIFICATION FLAGPOLE TEXT 44p, oq N3P
AND GRAPHICAL REPRESENTATION MAY BE s F PIkt\ ALP
ALTERED FROM WHAT IS SHOWN ON THIS 10
SIGNAGE PLAN. ` , ',
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