HEX Final Decision 2018-31 HEX NO. 2018 - 31
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160003246 — Rigby Enterprises, LLC requests an insubstantial
change to Resolution Number R-73-22-C which established the Naples Bath and Tennis
Club Planned Unit Development, as amended by Ordinance Numbers 74-47, 75-48, 81-61,
10-05 and 14-13, to add six deviations relating to entrance and boundary marker signage,
for the PUD property consisting of 153.7 acres, located on Airport-Pulling Road, south of
Pine Ridge Road, in Section 14, Township 49 South, Range 25 East, Collier County,
Florida.
DATE OF HEARING: December 13, 2018
STAFF RECOMMENDATION: Approval for deviations 1, 2, and 3. Denial for deviations 4,
5, and 6.
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:
The Naples Bath and Tennis Club Planned Unit Development (PUD) was established in 1973 by
resolution, with five subsequent amendments by ordinance. This current request is for six sign
deviations to be added to the PUD.
The applicant held the required neighborhood information meeting (NIM). Several letters were
received in opposition and several members of the public attended this hearing, three voiced
objections. The Naples Bath and Tennis Commons Area Board of Directors provided a letter of
approval for the sign requests.
For the entry signs, deviations #1 & #2, public speakers expressed concerns over adding a
second sign allowing a non-residential component, potential colors, language and coordination
with future architectural changes within the community. Concerns over deviations for the
boundary marker sign, deviation #3 thru #6, included size, the style of the sign, impacts on
residential properties within the PUD, colors, and language.
Deviations #1 and #2 are specific to the main front entry of the PUD and are
considered as follows:
Deviation #1: Deviation from LDC Section 5.06.02.B.6; On-premises signs within residential
districts. The LDC allows two ground signs with a maximum height of eight feet, may be
[16-CPS-01621/1452078/1]66 Page 1 of4
located at each entrance to a multi-family or single-family development. Applicant is requesting
that the Tennis Academy, a non-residential component of the PUD, be allowed to share the
residential entrance sign. Allowing two signs at this location is consistent with the LDC and
the sharing of the residential signs with the non-residential use is reasonable and will not have a
detrimental effect on the health, safety or welfare of the public.
Deviation #2: Deviation from the LDC Section 5.06.02.B.6.b; On-premises signs within
residential districts. The LDC permits two allowable entrance ground or wall signs to have a
combined area of sixty-four square feet. The applicant is requesting to allow a combined area of
ninety square feet. This would provide up to forty-five square feet of area for each sign. This
request is reasonable and will not have a detrimental effect on the health, safety or welfare of the
public.
Deviations #3 thru #6 are specific to the northeast corner of the PUD. Most often
components of a PUD accessible to the public have frontage on abutting major roadways.
The Naples Bath and Tennis PUD is different in that it includes amenities and uses for
recreational, transient, educational and other uses on parcels interior to the PUD; some of
which are not limited to residents of the PUD.
With deviations #3 thru #6, the applicant requests modifications to a proposed boundary
marker sign along the main arterial roadway abutting the PUD.
Deviation#3: Deviation from the LDC Section 5.06.02.B.14; Boundary Marker Sign. The LDC
allows one boundary marker sign or monument structure located at each property corner and the
boundary marker may contain the name of the residential subdivision and the insignia or motto
of the development. This request is to allow non-residential uses within the PUD to share one
boundary marker to be located on Tract "E" at the northeast corner of the PUD along Airport-
Pulling Road. This location abuts Airport-Pulling Road and a service access road to the
commercial shopping center to the north, which is part of Activity Center#13. The request is to
include sign copy for several non-residential uses and the residential component of the PUD.
Mixing the non-residential and residential sign copy at this location is reasonable and will not
have a detrimental effect on the health, safety or welfare of the public.
Deviation #4: Deviation from the LDC Section 5.06.02.B.14.a Boundary Marker Sign. The
LDC requires a maximum height of eight feet to the uppermost portion of the boundary marker
structure. The applicant requests instead to allow twelve feet in height. The applicant provided
examples of a concept sign for this location including sign copy examples for four non-
residential uses, one changeable sign copy area, a reference to the residential subdivision and a
distance/directional reference. Dimensions were not provided for the sign area or for the sign
face. The applicant noted that the height was chosen to assure maximum flexibility. A survey
was not provided to show locational or topographical issues. With the lack of detail for the sign
components and no survey information, justification to extend to a twelve-foot height is
insufficient. Due to the number of non-residential uses and other sign copy components needed
for this application, it is understandable that the Code required eight feet may not be sufficient.
A ten-foot height limit would provide additional flexibility and not have a detrimental effect on
the health, safety or welfare of the public.
[16-CPS-01621/1452078/1166 Page 2 of 4
Deviation #5: Deviation from LDC Section 5.06.02.B.14.b Boundary Marker Sign. The LDC
requires that the sign face area my not exceed twenty-four square feet in area and may not
exceed the height or length of the monument structure upon which it is located. The applicant
requests to allow forty-eight square feet of sign face area. The applicant provided examples of a
concept sign for this location including sign copy examples for four non-residential uses, one
changeable sign copy area, a reference to the residential subdivision and a distance/directional
reference. Dimensions were not provided for the sign area or the sign face. Detailed
measurement of how the sign copy would be spaced and sized were not provided. Due to the
number of non-residential uses and other sign copy components needed for this application, a
forty-eight square foot sign face area is reasonable and will not have a detrimental effect on the
health, safety or welfare of the public.
Deviation #6: Deviation from the LDC Section 5.06.02.B.14.c Boundary Marker Sign. The
LDC requires a minimum setback from all property lines and road right-of-way of ten feet. The
applicant requests a setback of five feet to the property line or road right-of-way. Examples of a
concept sign were provided without dimensions. A site plan for the sign on the property with the
boundary limitations, vegetation and topographical elements involved was not provided. The
right-of-way at this location is located approximately fifteen feet further east than the
commercial property to the north. The property to the north provided an additional fifteen feet of
right-of-way along Airport-Pulling Road for a vehicle access turn lane to the rear of that
commercial parcel, with their commercial sign approximately another fifteen feet west of that
added right-of-way. The applicant has not provided sufficient justification for a setback
reduction and this request is denied.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160003246, filed by Karen
Bishop of PMS Inc. of Naples representing Rigby Enterprises, LLC with respect to the property
as described in Resolution Number R-73-22-C which established the Naples Bath and Tennis
Club Planned Unit Development, as amended by Ordinance Numbers 74-47, 75-48, 81-61, 10-05
and 14-13, for the changes fully described in the Naples Bath & Tennis Club PUD Deviations
attached as Exhibit"A," and subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A — PUD Exhibit E-2: Tract B & E Deviations from the
LDC
Exhibit B— Sign Locations
LEGAL DESCRIPTION: See Resolution Number R-73-22-C, as amended, the Naples
Bath & Tennis Club PUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
[16-CPS-01621/1452078/1]66 Page 3 of4
2. Applicant will coordinate and obtain approval of the subject signs with the Naples Bath
and Tennis Commons Area Association, including but not limited to locations, colors and
sign copy.
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.
ajt
Date Mar Strain, Hearing Examiner
Appr ed as t form and legality:
Scott Sto e
Assistant County Attorney
[16-CPS-01621/I452078/1]66 Page 4 of 4
EXHIBIT E-2
Tract B & E Deviations from the LDC
1. Deviation 1: Deviation from the LDC Section 5.06.02.6.6; On-premises signs within residential
districts;Which allows that two ground signs with a maximum height of 8 feet or wall,
residential entrance or gate signs with a maximum height of 8 feet may be located at each
entrance to a multi-family or single-family development; to allow the Tennis Academy to share
the residential entrance sign.
2. Deviation 2: Deviation from LDC Section 5.06.02.B.6.b; On-premises signs within residential
districts;Which permits the two-allowable entrance ground or wall signs to have a
combined area of 64 square feet;to instead allow a combined area of 90 square feet.
3. Deviation 3: Deviation from the LDC Section 5.06.02.6.14 Boundary Marker Sign;which states
that one boundary marker sign or monument structure may be located at each property corner,
and the boundary marker shall contain the name of the residential subdivision and the insignia
or motto of the development,to allow non-residential uses within the PUD to share the
residential boundary marker located on Tract"E" at the northeast corner of the PUD along
Airport-Pulling Road.
4. Deviation 4: Deviation from LDC Section 5.06.02.B.14.a Boundary Marker Sign; which requires
the maximum height of 8 feet to the uppermost portion of the boundary marker structure, to
instead allow 10 feet in height for the boundary marker sign located on Tract "E" at the
northeast corner of the PUD along Airport-Pulling Road.
5. Deviation 5: Deviation from LDC Section 5.06.02.B.14.b Boundary Marker Sign; which requires
the sign face area may not exceed 24 square feet in area and may not exceed the height or
length of the monument or structure upon which it is located,to allow 48 square feet of sign
face area for the boundary marker sign located on Tract "E" at the northeast corner of the PUD
along Airport-Pulling Road.
EXHIBIT A
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