HEX Final Decision 2016-42 HEX NO. 2016—42
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160002044 — Wilton Land Company, LLC requests an
insubstantial change to Ordinance No. 2007-30, as amended, the Hammock Park
Commerce Centre CPUD, to reduce the minimum perimeter PUD setback for accessory
uses to 10 feet, and to add a deviation to allow accessory structures to be constructed prior
to the construction of a principal use, only for two proposed accessory tower structures
located along the western PUD boundary as depicted on Exhibit C-1 and further shown on
Exhibit C-2. The subject property is located on the northeast corner of Rattlesnake
Hammock Road and Collier Boulevard intersection, in Section 14, Township 50 South,
Range 26 East, Collier County, Florida, consisting of 18.99± acres.
DATE OF HEARING: December 8, 2016
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.
ANALYSIS:
One member of the public, who stated they are one of the owners of a PUD to the north directly
abutting this PUD, addressed a concern that the northernmost tower might be too close to the
proposed shared access bridge over the western canal. The applicant stated they had taken the
access location into consideration when positioning the tower.
At the Neighborhood Information Meeting (NIM) the applicant responded to a question from a
member of the public indicating there would be no signs or lighting on the towers except for
landscape up lighting. After the NIM the applicant clarified to the member of the public who
requested this information, that tower lighting would be limited to landscape up lighting and
soffit down lighting. There were no members of the public present objecting to this application.
[16-CPS-01587/1307714/1]38 1 of 3
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160002044, filed by Alexis
Crespo, AICP, of Waldrop Engineering, representing Wilton Land Company, LLC, with respect
to the property as described in the Hammock Park Commerce Centre CPUD, Ordinance No. 07-
30, as amended, for the following insubstantial changes:
• to reduce the minimum perimeter PUD setback for accessory uses to 10 feet for two
proposed accessory tower structures; and
• to add a deviation to allow accessory structures to be constructed prior to the construction
of a principal use for two proposed accessory tower structures.
Said changes are fully described in the Hammock Park Commerce Centre CPUD amendment
attached as Exhibit"A", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—CPUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 07-30, as amended, the Hammock Park Commerce
Centre CPUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. Signage on either tower is prohibited.
3. Lighting on both towers is limited to architectural down lighting in the soffits and
landscape up lighting at the base of the tower(s).
4. The northern-most tower will be placed a minimum of seventy-five (75) feet from the
north PUD property line. The tower location must also meet the clear sight distance
standards of LDC 6.06.05.
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.
[16-CPS-01587/1307714/1138 2 of 3
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 PUR��PO�.S' ES.
1, kL( Altf
Date Mark Strain, Hearing Examiner
ApproL.__as to form nd legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01587/1307714/1]38 3 of 3.
Exhibit"A" to HEX Decision 2016-42
Page 1 of 7
AMENDMENT TO TABLE OF CONTENTS/LIST OF EXHIBITS,OF THE PUD DOCUMENT
ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE
CPUD, AS AMENDED.
Table of Contents/List of Exhibits, of the PUD Document attached to Ordinance No. 07-30,
Hammock Park Centre Commerce CPUD, as amended, is hereby amended as follows:
HAMMOCK PARK COMMERCE CENTRE CPUD
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE
SECTION I Property Ownership & Description
SECTION II Project Development
SECTION III Community Commercial District
SECTION IV Preserve Area
SECTION V General Development Commitments
SECTION VI Requested Deviations from the LDC
LIST OF EXHIBITS
EXHIBIT "A" PUD Master Plan
EXHIBIT "A-1" Off-Premises Directional Sign Location
EXHIBIT "C-1" Tower Locations
EXHIBIT "C-2" Tower Renderings
* * * * * * * * * * * * *
Exhibit"A" to HEX Decision 2016-42
Page 2 of 7
AMENDMENT TO SECTION III, COMMUNITY COMMERCIAL DISTRICT, OF THE PUD
DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE
CENTRE CPUD,AS AMENDED.
Section III, Community Commercial District, of the PUD Document attached to Ordinance No.
07-30, Hammock Park Centre Commerce CPUD, as amended, is hereby amended as follows:
SECTION III
COMMUNITY COMMERCIAL DISTRICT
* * * * * * * * * * * * *
3.5 DEVELOPMENT STANDARDS
* * * * * * * * * * * * *
L. The two accessory tower structures described in Deviation 3 shall have a minimum PUD
perimeter setback of ten (10) feet, and maximum actual height of thirty (30) feet for the
southern tower and maximum actual height of fifteen(15)feet for the northern most tower.
* * * * * * * * * * * *
Exhibit"A" to HEX Decision 2016-42
Page 3of7
AMENDMENT TO SECTION VI, REQUESTED DEVIATIONS FROM THE LDC, OF THE
PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK
COMMERCE CENTRE CPUD, AS AMENDED.
Section VI, Requested Deviations from the LDC, of the PUD Document attached to Ordinance
No. 07-30, Hammock Park Centre Commerce CPUD, as amended, is hereby amended as follows:
* * * * * * * * * * * * *
SECTION VI
REQUESTED DEVIATIONS FROM THE LDC
6.1 SIGN DEVIATIONS
A. Deviation #1 seeks relief from LDC Section 5.06.04.G.2.a to allow the off-premises
directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a
maximum of 38 square feet in sign area (total square footage of all sign copy areas,
including the name of the project and insignias or mottos), rather than 12 square feet as
limited in the LDC.
B. Deviation #2 seeks relief from LDC Section 5.06.04.G.2.b to allow the off-premises
directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a
maximum height of 13 feet above the lowest center grade of the roadway adjacent to the
sign location, rather than 8 feet as limited in the LDC.
C. Deviation#3 seeks relief from LDC Section 4.02.03.A,which requires accessory structures
to be constructed simultaneously with or following the construction of the principal
structure, to instead allow accessory structures to be constructed prior to construction of
the principal structure. This deviation shall apply only to the two (2) accessory tower
structures at the location depicted on Exhibit C-1, "Tower Locations," and further shown
on Exhibit C-2, "Tower Renderings."
* * * * * * * * * * * * *
Exhibit"A" to HEX Decision 2016-42
Page 4 of 7
EXHIBIT C-1, TOWER LOCATIONS, IS HEREBY ADDED TO THE PUD DOCUMENT
ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE
CPUD,AS AMENDED.
Exhibit C-1, entitled "Tower Locations", attached hereto and incorporated herein by reference, is
hereby added to the PUD Document attached to Ordinance No. 07-30, Hammock Park
Commerce Centre CPUD, as amended.
Exhibit"A"to HEX Decision 2016-42
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Exhibit"A" to HEX Decision 2016-42
Page 6 of 7
EXHIBIT C-2, TOWER RENDERINGS, IS HEREBY ADDED TO THE PUD DOCUMENT
ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE
CPUD,AS AMENDED.
Exhibit C-2, entitled "Tower Renderings", attached hereto and incorporated herein by reference,
is hereby added to the PUD Document attached to Ordinance No. 07-30, Hammock Park
Commerce Centre CPUD, as amended.
Exhibit"A" to HEX Decision 2016-42
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