HEX Final Decision 2020-31Page 1 of 3
HEX NO. 2020-31
HEARING EXAMINER DECISION
DATE OF HEARING.
December 10, 2020
PETITION.
PETITION NO. PDI-PL20200001210 -Request for an insubstantial change to Ordinance No.
18-51, the Russell Square Residential Planned Unit Development (RPUD), updating existing
deviation language to reflect a street name change and adding a deviation from LDC Sections
5.06.02.B.1.a and 5.06.02.B.6 to allow the wall height for the residential signs located on
Seychelles Avenue at the project entrance to be a maximum height of 11.6 feet, as measured
from the lowest centerline grade of the nearest public or private right-of-way or easement to
the uppermost portion of the sign structure. The RPUD consists of 32.9± acres located on the
east side of Santa Barbara Boulevard approximately ¼ mile south of Davis Boulevard in
Section 9, Township 50 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petition allows for a new entrance sign based on new measurement points.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this matter pursuant to Ordinance 2013-25, as
amended and Administrative Code Chapter 3, Section. G.3.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with Collier
County Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in-person.
5. The Petitioner and/or Petitioner’s representative presented the Petition, followed by County
staff and then public comment.
Page 2 of 3
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County’s staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner’s
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is sufficient competent, substantial evidence as applied to the criteria set forth in Sections
10.02.13.E.1 and 10.02.13.E.2. of the Collier County Land Development Code to approve the
Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL20200001210, filed by D.
Wayne Arnold, AICP representing Neal Communities on the Braden River LLC, with respect to
the property as described in the Russell Square Residential Planned Unit Development (RPUD),
Ordinance No. 18-51, for the following:
• An insubstantial change to Ordinance No. 18-51, the Russell Square Residential Planned
Unit Development (RPUD), updating existing deviation language to reflect a street name
change and adding a deviation from LDC Sections 5.06.02.B.1.a and 5.06.02.B.6 to allow
the wall height for the residential signs located on Seychelles Avenue at the project
entrance to be a maximum height of 11.6 feet, as measured from the lowest centerline grade
of the nearest public or private right-of-way or easement to the uppermost portion of the
sign structure.
Said changes are fully described in the Revised Master Site Plan and Revised RPUD List of
Deviations attached as Exhibits "A" and “B” and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A – Revised Russell Square RPUD Master Site Plan
Exhibit B – Revised Russell Square RPUD List of Deviations (strike through/underlined)
LEGAL DESCRIPTION.
See Collier County Ordinance No. 18-51
CONDITIONS.
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
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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.
________________________ ____________________________________
Date Andrew Dickman, Esq., AICP
Hearing Examiner
EXHIBIT “A”
SANTA BARBARA BOULEVARD(NORTHBOUND)15' WIDE TYPE 'B'
LANDSCAPE
BUFFER
20' WIDE
TYPE 'D'
LANDSCAPE
BUFFER
15' WIDE TYPE 'B'
LANDSCAPE BUFFER
WATER
MANAGEMENT
R
1
WATER
MANAGEMENT
WATER
MANAGEMENT PRESERVE
1
2
2
2
2
2
3
3
334
4
5
3
R
R
R
R
R
R
PUD BOUNDARY
6
PRESERVE
6
7A 8
15' WIDE TYPE 'B'
LANDSCAPE BUFFER
PROJECT ENTRANCE
SIGN
PROJECT
ENTRANCE
SIGN
20' WIDE TYPE 'D' LANDSCAPE BUFFER NO BUFFER REQUIREDNO BUFFER REQUIRED
9
9
9
10 10
0 200'100'
SCALE: 1" = 200'
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
WHEN PLOTTED @ 8.5" X 11"
TAORMINA RESERVE MPUD
PRESERVE
TAORMINA RESERVE MPUD
COMMERCIAL
TAORMINA RESERVE MPUDPRESERVEZONED: ARESIDENTIALZONED: A
RESIDENTIAL
ZONED: A
COUNTY WATER MANAGEMENT AREA # = DEVIATION
A = AMENITY AREA
R = RESIDENTIAL AREA
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380
NOTES
1.THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO
AGENCY PERMITTING REQUIREMENTS.
2.PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER
EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND
4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN
ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO PROVIDE THE REQUIRED TYPE B
BUFFER, A MINIMUM 6-FOOT-WIDE LANDSCAPE BUFFER EASEMENT LOCATED OUTSIDE OF
THE PRESERVE WILL BE CONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATION OR
CONDOMINIUM ASSOCIATION AT TIME OF SDP OR PLAT APPROVAL. OWNER WILL PLANT
ADDITIONAL LANDSCAPE MATERIAL IN THE BUFFER EASEMENT TO ACHIEVE THE OPACITY
REQUIREMENT NO LATER THAN ONE YEAR FROM THE ISSUANCE OF THE FIRST
RESIDENTIAL CERTIFICATE OF OCCUPANCY.
SITE SUMMARY
TOTAL SITE AREA: 32.9± ACRE
MAXIMUM DWELLING UNITS:230 (7 DU/AC X 32.9 ACRES)
PRESERVE:
REQUIRED:3.47± ACRES (13.88± ACRES NATIVE VEGETATION X 0.25)
PROVIDED:3.47± ACRES
NATIVE TREES:
REQUIRED:28 (110 EXISTING TREES X 0.25)
PROVIDED:25 PINES + 3 PALMS IN ACCORDANCE WITH LDC SECTION 3.05.07
OPEN SPACE:
REQUIRED:19.74± ACRES (32.9± ACRES X .60)
PROVIDED:19.74± ACRES
EXHIBIT “B”
Words underlined are additions; words struck through are deletions
Russell Square RPUD, PL20200001210 Page 1 of 2 11/19/2020
EXHIBIT E
FOR
RUSSELL SQUARE RPUD
LIST OF DEVIATIONS
1. Deviation 1 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on
residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary
banner sign up to a maximum of 32 square feet in area and 8 feet in height. The temporary banner
sign shall be limited to a maximum of 90 days during season defined as November 1 to April 30
per calendar year. This Deviation will remain valid until 90% of the units are sold or until
December 31, 2024, whichever comes first. At such time, the Deviation will be void.
2. Deviation 2 seeks relief from LDC Section 5.06.02.B.5.a, which requires on-premises directional
signs to be setback a minimum of 10’ from edge of roadway, paved surface or back of curb, to
allow a setback of 5’ from edge of roadway, paved surface or back of curb. This deviation
excludes public roads.
3. Deviation 3 seeks relief from LDC Section 5.03.02.C.1.a and 5.03.02.C, Fences and Walls,
Excluding Sound Walls, which requires fences or walls in a residential PUD to be 6 feet or less in
height, to permit an 8-foot high wall on top of berm along Cope LaneSeychelles Avenue right-of-
way and 12 foot high wall on top of the required water management berm along the Santa
Barbara boulevard right-of-way.
4. Deviation 4 seeks relief from LDC Section 5.06.02.B.6 (a) and 5.06.02.B.6 (b), On-premises Sign
Within Residential Districts, which permits two ground signs at a maximum height of 8 feet with
a sign face area not to exceed 64 square feet and a minimum setback from all property lines and
road right-of-way of 10 feet, to permit two signs, not at the project entrance, of up to 80 square
feet (per sign face) to be located along the Santa Barbara Boulevard frontage of the property on
the project’s wall and to exceed the maximum sign height of 8 feet for a maximum of 12 feet in
height measured from the adjacent roadway centerline elevation with a minimum setback of
zero feet from the property line. This Deviation is conditioned upon owner’s relocation of the
wall and sign at its own expense, in the event it conflicts with a County road expansion or project.
5. Deviation 5 seeks relief from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway
Requirements, which requires dual sidewalks on local roads internal to the site, to allow a
sidewalk on one side of the roadway where the property is permitted with single loaded home
sites. Appropriate crosswalks shall be provided at crossing locations.
6. Deviation 6 seeks relief from LDC Section 3.05.07.A.5, Preservation Standards, which requires
preservation areas shall be interconnected within the site and to adjoining off-site preservation
areas or wildlife corridors, to allow the onsite preserves to be non-contiguous.
7. Deviation 7 seeks relief from LDC Section 5.05.08.B.2.a.i and 5.05.08.B.2.c.i, Architectural and
Site Design Standards, which requires where a proposed project site located within 150 to 300
feet of an arterial or collector road , including all rights-of-way , shall be required to comply with
LDC sections 5.05.08 D.4., D.10., D.13., D.15., E, and F. Compliance shall be limited to the building
Words underlined are additions; words struck through are deletions
Russell Square RPUD, PL20200001210 Page 2 of 2 11/19/2020
façades facing the arterial or collector road to allow the buildings behind a wall to not be subject
to this LDC requirement.
8. Deviation 8 seeks relief from LDC Section 4.05.04.G, Parking Space Requirements, which requires
where small-scale recreation facilities are accessory to a single-family or multifamily project and
intended only for the residents of that project, exclusive of golf courses/clubhouses, the
recreation facilities may be computed at 50 percent of normal requirements where the majority
of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of
normal requirements where the majority of the dwelling units are within 300 feet of the
recreation facilities, to allow the parking space for the recreation facilities to be computed at 25
percent where the majority of dwelling units are within 500 feet of the recreation facilities.
9. Deviation 9 seeks relief from LDC Section 4.06.02, Table 2.4, Buffer Requirements, which requires
a 15’ wide type “B” landscape buffer to allow no buffer in the areas adjacent to the Taormina
Reserve PUD preserve area as depicted on the Master Plan.
10. Deviation 10 seeks relief from LDC Section 5.06.02.B.1.a and 5.06.02.B.6, “Development
Standards for Signs within Residential Districts” which requires residential entrance signs shall
meet the following standards:
a. Maximum allowable height. All signs within residential zoning districts, and as
applicable to designated residential portions of PUD zoned properties, are limited to
a maximum height of 8 feet, or as otherwise provided within the LDC. Height shall be
measured from the lowest centerline grade of the nearest public or private right-of-
way or easement to the uppermost portion of the sign structure.
b. On-premises signs within residential districts. 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.
This deviation will instead allow the wall height for the residential signs located on Seychelles
Avenue at the project entrance to be a maximum height of 11.6 feet, as measured from the
lowest centerline grade of the nearest public or private right-of-way or easement to the
uppermost portion of the sign structure.
Sign Deviation Exhibit
N.T.S.