HEX Final Decision 2016-32 HEX NO. 2016—32
HEARING EXAMINER DECISION
PETITION NO. SV-PL20160000885 — SD Tract 22, LLC requests a variance from LDC
Section 5.06.04 F.3, which allows 1 directory sign at one entrance on each public street for
multiple-occupancy parcels or multiple parcels developed under a unified development
plan,with a minimum of 8 independent units, and containing 20,000 square feet or more of
leasable floor area, to instead allow the directory sign on Collier Boulevard to be located
south of the entrance on Collier Boulevard, for the proposed Hogan's Plaza commercial
development consisting of 9 ± acres located within the Lely, A Resort Community PUD,
Ordinance 92-15, as amended, on the northwest corner of the intersection of Collier
Boulevard and Grand Lely Drive, in Section 27, Township 50 South, Range 26 East.
DATE OF HEARING: August 11, 2016
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.06.08
B of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
No members of the public attended this meeting and no objections have been received for this
application.
DECISION:
Petition SV-PL20160000885, filed by Alexis Crespo, AICP of Waldrop Engineering,
representing SD Tract 22, LLC, is hereby approved for a variance from Section 5.06.04.F.3 of
the Land Development Code to allow the directory sign on Collier Boulevard to be located south
of the entrance on Collier Boulevard, for the proposed Hogan's Plaza commercial development
located within the Lely, A Resort Community PUD, on the northwest corner of the intersection
of Collier Boulevard and Grand Lely Drive, and further described in Exhibit "A," in accordance
with the Proposed Site Plan attached as Exhibit "B", and as subject to the condition(s) set forth
below.
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B —Proposed Site Plan
[16-CPS-01546/1276637/1129 1 of 2
LEGAL DESCRIPTION: See Exhibit"A".
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 8 - a,,
Date Mark,Strain, Hearing Examiner
Appro ed as to for III and legality:
1. T"
- "`
Scott .,tone
Assist. t County Attorney
[16-CP S-01546/1276637/1]29 2 of 2
EXHIBIT"A"
LEGAL DESCRIPTION
ALL THAT PART OF SECTION 27,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA,AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY MOST CORNER OF GRAND LELY DRIVE, LELY RESORT, PHASE 1, AS
RECORDED IN PLAT BOOK 16,PAGES 87-99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE LEAVING SAID POINT OF BEGINNING, AND ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID
GRAND LELY DRIVE 39.27 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, AND
HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 90°00'09",AND BEING SUBTENDED
BY A CHORD OF 35.36 FEET BEARING S.45°51'45"W.TO A POINT OF TANGENCY;THENCE CONTINUING
ALONG THE SAID NORTH RIGHT-OF-WAY .1 uk woorI . FOR A DISTANCE OF 210.00 FEET TO A
POINT OF CURVATURE; THENCE COSI 0,Ed viLbiliAtiatiAa° JH RIGHT-OF-WAY LINE 170.84 FEET
ALONG THE ARC OF A CURVE CONCAA • 'a HE NORTH, HA II DIUS OF 779.00 FEET,THROUGH A
CENTRAL ANGLE OF 12°33'54",/AN,/ 'EING SUBTENDED BY C RD OF 170.49 FEET, BEARING
N.82°51'13"W.TO A POINT OF FitVE�I'SE URVAI't7Rt TI- CE CO 1 IN ED ALONG SAID NORTH RIGHT-
OF-WAY LINE 9130 FEET ALONG THE F •° +R B�� a THI SOUTH, HAVING A RADIUS OF
745.00 FEET,THROUGH A CENRAIui F s 0e' ' B UBFENDED BY A CHORD OF 91.24
FEET, BEARING N.80°04'54"W!TO OI IF 'E R CUA, OF , T iENCE LEAVING SAID NORTH
RIGHT-OF-WAY LINE OF GRAN. E E"L ,ON tr*- F A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIU ,2 25.00 FEET, THROU A E�� ANGLE OF 79°16'24", AND A
CHORD OF 31.90 FEET, BEARIN'�° °57'20"W. TO A POLT Cl ht POUND CURVATURE; THENCE
105.78 FEET ALONG THE ARC OF A • CONCAVE TO THE E• , VING A RADIUS OF 1703.50 FEET,
THROUGH A CENTRAL ANGLE OF 0 °4i.,49,,,,,_• ‘.D BER► 'ED BY A CHORD OF 105.77 FEET,
BEARING N.02°32'24"W.TO A POINT OF AI N ;T r .10°45'40W. A DISTANCE OF 278.93 FEET
TO A POINT OF CURVATURE; THENCE 196.73-FEET-ALNG THE ARC OF A CURVE CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 56°21'28", AND
BEING SUBTENDED BY A CHORD OF 188.89 FEET, BEARING N.27°25'04"E. TO A POINT OF TANGENCY;
THENCE N.55°35'48"E. A DISTANCE OF 85.40 FEET TO A POINT OF CURVATURE; THENCE 39.80 FEET
ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 500.00 FEET,
THROUGH A CENTRAL ANGLE OF 04°33'37", AND BEING SUBTENDED BY A CHORD OF 39.78 FEET,
BEARING N.53°19'00"E. TO A POINT OF TANGENCY;THENCE N.51°02'11"E. A DISTANCE OF 180.29 FEET
TO A POINT OF CURVATURE; THENCE 39.80 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS OF 500.00 FEET, THROUGH A CENTRAL ANGLE OF 04033137", AND
BEING SUBTENDED BY A CHORD OF 39.78 FEET, BEARING N.53°19'00"E. TO A POINT OF TANGENCY;
THENCE N.55°35'48"E. A DISTANCE OF 80.09 FEET TO A POINT OF CURVATURE; THENCE 214.95 FEET
ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 225.00 FEET,
THROUGH A CENTRAL ANGLE OF 54°44'08", AND BEING SUBTENDED BY A CHORD OF 206.86 FEET,
BEARING N.28°13'44"E.TO A POINT OF TANGENCY;THENCE 5.89°08'19"E.A DISTANCE OF 15.00 FEET TO
A POINT ON THE WEST RIGHT-OF-WAY LINE OF ISLE OF CAPRI ROAD (C.R. 951); THENCE ALONG SAID
RIGHT-OF-WAY LINE 5.00°51'41"W.1027.23 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 9.00 ACRES MORE OR LESS.
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