HEX Final Decision 2017-27 HEX NO. 2017—27
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20170000247 — Collier Land Development, Inc. requests an
insubstantial change to the Sabal Bay Mixed Use Planned Unit Development (MPUD),
Ordinance No. 05-59, as amended, to add one new deviation relating to signage. The
subject property is located on the south side of Tamiami Trail East, approximately one
quarter mile east of Thomasson Drive, in Section 19, Township 50 South, Range 26 East,
Collier County, Florida, consisting of±4.34 acres.
DATE OF HEARING: October 12, 2017
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 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:
No objections have been received for this application and no members of the public, other than
those associated with the Applicant, attended the hearing. An email expressing support was
received.
Two commercial parcels are interconnected with a public access way that connects to US 41
from each parcel. A directory sign exists at one US 41 connection and the applicant requests to
have an additional sign at the second connection on US 41, which is approximately 525 feet east
of the existing sign.
The proposed sign is sufficiently distanced from the other sign so as not to impede traffic and
will result in better recognition by the motoring public to the businesses that will exist at this
location.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20170000247, filed by Robert
J. Mulhere of Hole Montes, Inc. representing Collier Land Development, Inc., with respect to the
property as described in the Sabal Bay MPUD, Ordinance No. 05-59, as amended, for an
insubstantial change to add one new deviation relating to signage. Said change is fully described
[17-CPS-01653/1369477/1]55 1 of 2
in the Sabal Bay MPUD amendment attached as Exhibit "A", and in the Sign Distance diagram
attached as Exhibit"B", and is subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A–MPUD Amendment
Exhibit B–Sign Distance Diagram
LEGAL DESCRIPTION: See Ordinance No. 05-59, as amended,the Sabal Bay MPUD.
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.
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.
10 - 1 – 17I- --
IL—
Date Mar Strain, Hearing Examiner
Appro ed as to form and legality:
\J
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Scott A. Stone
Assistant County Attorney
[17-CPS-01653/136947711]55 2 of 2
Exhibit "A"
to HEX No. 2017-27
EXHIBIT "C"
LIST OF DEVIATIONS
* * * * * * * * * * * * *
Deviation 16 seeks relief from LDC Section 5.06.04.F.3., Directory Signs, which limits
multiple-occupancy parcels or multiple parcels developed under a unified development plan,
with a minimum of 8 independent units, containing 20,000 s.f. or more of leasable floor area, to a
maximum of one directory sign at one entrance on each public street, to allow for one additional
directory sign on Tamiami Trail East (U.S. 41) in addition to the two existing directory signs
(located on Tamiami Trail East and Thomasson Drive). The second directory sign permitted on
the Tamiami Trail East frontage shall be located a minimum of 500 feet to the east of the existing
directory sign on Tamiami Trail East.
Page 1 of 1
Words underlined are added; words strucic through are deletions
H:\20I7\2017004\WP\PDI\3rd Resubmittal\Sabal Bay MPUD(PDI-PL20I70000247)(8-1-2017).docx
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