HEX Final Decision 2017-03 HEX NO. 2017—03
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160001163 — Stock �Development, LLC requests an insubstantial
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change to Ordinance No. 92-15, the Lely, A Resort Community PUD, to amend Section XV,
Deviations from the LDC, by deleting one deviation relating to signage, adding four new
deviations relating to signage, and adding new exhibits relating to the deviations. These
changes apply only to 9-acre tract designated as `C-2' on the northwest corner of Tamiami
Trail East and Triangle Boulevard, the 9-acre tract designated as `C-2' on the southwest
corner of Collier Boulevard and Grand Lely Drive, and the 2.32-acre tract designated as
`C-2' on the northwest corner of Triangle Boulevard and Celeste Drive, as depicted on the
Exhibit H Master Plan. The subject PUD property consists of 2,892± acres, located between
U.S. 41 and Rattlesnake-Hammock Road west of C.R. 951, in Sections 21, 22, 27, 28 , 33
and 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26
East, Collier County, Florida.
DATE OF HEARING: January 26, 2017
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:
Eight residents attended the Neighborhood Information Meeting (NIM) and no objections were
noted. No letters of objection have been received. The Hearing Examiner's meeting was
attended by several members of the public. Four members of the public requested clarification
on sign sizing, questioned the need for another sign and traffic related issues with Triangle
Boulevard and US 41. A member of the Collier County Transportation Planning section was in
attendance and addressed some of the improvements under study for the Triangle Boulevard,
Price Street and US 41 intersection. Concern were expressed about congestion and cut thru
traffic within areas of Lely Resort and over the lack of north bound median openings along
Collier Boulevard into the new commercial areas.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160001163, filed by Lindsay
Robin of Waldrop Engineering, representing Stock Development, LLC, with respect to the
property as described in Ordinance No. 92-15, as amended, the Lely, A Resort Community PUD,
for insubstantial changes to amend Section XV, Deviations from the LDC, by deleting one
[16-CPS-01570/1316577/1163 1 of 2
deviation relating to signage, adding four new deviations relating to signage, and adding new
exhibits relating to the deviations. Said changes are fully described in the Lely, A Resort
Community PUD amendment and Site Plan attached as Exhibit "A", and are subject to the
condition(s) set forth below.
ATTACHMENTS: Exhibit A—PUD Amendment and Site Plan
LEGAL DESCRIPTION: See Ordinance No. 92-15, as amended, the Lely, A Resort
Community PUD
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement
of the development.
2. Prior to final inspection, the developer shall install the Code required foundation
plantings at the base of the sign at US 41 and Triangle Boulevard, plus a minimum of
20 percent additional (non-sod)plantings.
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
- 4 _ 11
Date ark .train, Hearing xaminer
Appro ed as to m and legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01570/1316577/1}63 2 of 2
Exhibit "A"
Page 1 of 4
SECTION XV
DEVIATIONS FROM THE LDC
In addition to deviations currently approved in the PUD, the following deviations are being
added to the PUD:
* * * * * * * * * * * * *
frontage of 220 lineal feet, where there is a minimum of a 1,000 feet separation between such
signs,to allow for a maximum of two(2)signs on the C 2 tract that fronts on U.S.41,one of which
may be located on the U.S.41 frontage and the second which may be located on the Triangle Blvd.
..•- - -- -• - . .. •- . - - --
' , _ - _ - . . . --
northwest
-northwest corner of Tamiami Trail East and T •: •: - E '• .. !! !!: .
* * * * * * * * * * * * *
Deviation 8: Deviation from LDC Section 5.06.04 G.2.e, which requires off-premises signs to be
12 S.F. in area, 8-feet in height, and located no more than 1,000 feet from the building, structure,
or use for which the sign is displayed, to instead allow one (1) off-premises sign to be 120 S.F. in
sign copy area, 15-feet in height, and located approximately 1,500 feet away from the `C-2' tract
located on the northwest corner of Triangle Blvd. and Celeste Drive as shown on Exhibit XV-1.
The proposed sign is located within the 0.9+/- acre outparcel and is described as "120 S.F., off-
premises sign" on Exhibit XV-1. The off-premises sign will be limited to displaying one (1) 12
S.F. sign placard for the benefit of the entity located within the `C-2' tract at the northwest corner
of Triangle Blvd. and Celeste Dr. as shown on Exhibit XV-1 and the remainder of the sign will be
limited to displaying sign placards no greater than 32 S.F. each for the entities located within the
`C-2' tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. as shown on
Exhibit XV-1. Sign area measured as required by the Land Development Code shall not exceed
120 S.F.
Deviation 9: Deviation from LDC Section 5.06.04.F.1., which allows additional on-premises
ground or pole signs separated by 1,000 feet, to instead allow an additional sign to be located
within 122' of the existing on-premises sign on the 0.9+/-acre outparcel as shown on Exhibit XV-
1.This deviation applies solely to the 0.9+/-acre outparcel within the 8.28+/-acre tract designated
as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit'H',
Master Land Use Plan.
Deviation 10: Deviation from LDC Section 5.06.04.F.2.b., which limits outparcels to a single
ground sign, to instead allow the 0.9+/- acre outparcel to have two (2) signs as shown on Exhibit
XV-1. This deviation applies solely to the 0.9+/- acre outparcel located within the 8.28+/- acre
tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd.
on Exhibit'H', Master Land Use Plan.
Words underlined are added; works struck through are deleted.
Exhibit "A"
Page 2 of 4
Deviation 11: Deviation from LDC Section 5.06.04 F.3, which permits one (1) directory sign at
the entrance on each public street for multiple-occupancy parcels,to instead allow one(1)directory
sign on Collier Blvd. to be located where there is no entrance for the 'C-3' Tract located at the
southwest corner of Collier Blvd. and Grand Lely Dr. as shown on Exhibit XV-2. This deviation
applies solely to the 9-acre tract designated as 'C-3' on Exhibit 'H', Master Land Use Plan, and
located at the southwest corner of Collier Boulevard and Grand Lely Drive.
Exhibit "A"
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