HEX Final Decision 2014-17 HEX NO. 2014— 17
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140000562 — Petitioner, Neal Communities of Southwest Florida
LLC, requests an insubstantial change to Ordinance No. 05-64, the Bristol Pines
Residential Planned Unit Development ("RPUD"), to revise the Table of Contents and add
deviations to allow an additional shared real estate sign at the corner of Collier Boulevard
and Tree Farm Road. The proposed real estate sign is an on-premises sign for the Bristol
Pines RPUD and an off-premises sign for the Buttonwood Preserve RPUD. The subject
property consists of 42.6± acres of land located at the southeast corner of Collier Boulevard
(CR 951) and Tree Farm Road in Section 35, Township 48 South, Range 26 East, Collier
County, Florida.
DATE OF HEARING: July 10, 2014
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:
The requested insubstantial change adds deviations for a shared real estate sign for the subject
property as well the project immediately to the east. The location for the shared sign will be
within Tract W of the Bristol Pines PUD. Tract W is dedicated to Collier County Utilities for a
public water supply well easement. Use of this easement area for a shared sign requires an
Agreement between the applicant and Collier County.
The proposed deviations did not address a maximum date-specific time frame that the shared
sign would be allowed. The applicant initially provided a time frame contingent upon real estate
sales and has subsequently conditioned that further by specifying a maximum date after which
the shared use sign would not be allowed.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140000562, filed by Alexis
Crespo, AICP, of Waldrop Engineering, P.A., representing Neal Communities of Southwest
Florida, LLC, with respect to the property as described herein, for an insubstantial change to
Ordinance No. 05-64, the Bristol Pines Residential Planned Unit Development ("RPUD"), to
revise the Table of Contents and add deviations to allow an additional shared real estate sign at
the corner of Collier Boulevard and Tree Farm Road, which shall be an on-premises sign for the
I of 2
Bristol Pines RPUD and an off-premises sign for the Buttonwood Preserve RPUD. Said changes
are fully described in the Bristol Pines RPUD amendment and sign location sheets attached as
Exhibits A, C and D, and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Amendment to Ordinance 05-64, the Bristol Pines RPUD
Exhibit C—Off-Premises Sign Location
Exhibit D—Sign Location/Utility Easement Inset
There is no Exhibit B attached.
LEGAL DESCRIPTION: Tract W, Bristol Pines, Phase 1, according to the plat thereof
recorded in Plat Book 43, Page 7, of the Official Records of Collier County, Florida.
CONDITIONS:
1. An agreement is to be executed between Collier County and the owner of Tract W for the
use of Tract W within 120 days of this decision.
2. Removal of the sign will occur for any of the following conditions:
a. Within 60 days of written notice from the Collier County Utility Department to the
property owner; or
b. Within 60 days after the completion of new home sales by the developers of Bristol Pines
and Buttonwood Preserve; or
c. No later than January 31, 2018.
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, Collier County. 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.
- (//0IZi ► P,)1'FAC-N-----)
Date Mar Strain, Hearing Examiner
Appr•ved as to form and legality:
eidi Ashton-Cicko
Managing Assistant County Attorney
14-CPS-01312/17
2 of 2
Bristol Pines RPUD—Insubstantial Change
P12014-0562
Exhibit A
REVISED PUD DOCUMENT
TEXT/PROPOSED DEVIATIONS
TABLE OF CONTENTS
List of Exhibits,Tables and Appendix
Statement of Compliance ii
Section I Property Ownership and Legal Description I-1
Section II Project Development Requirements II-1
Section III Residential Development Standards III-1
Section IV Recreation Area IV-1
Section V Preserve Area V-1
Section VI Development Commitments VI-1
Section VII Deviations from the LDC VU-1
Appendix"A" Typical Cross Sections A-1
Bristol Pines RPUD
PL2014-0562 Strike-through text is deleted
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LIST OF EXHIBITS,TABLES AND APPENDIX
EXHIBIT"A" RPUD MASTER PLAN
APPENDIX"A" TYPICAL CROSS SECTIONS
EXHIBIT"B" BOUNDARY SURVEY
TABLE I PROJECT LAND USE TRACTS
TABLE II DEVELOPMENT STANDARDS
EXHIBIT"C" OFF-PREMISES SIGN LOCATION
EXHIBIT"D" SIGN LOCATION/UTILITY EASMENT INSET
Bristol Pines RPUD
PL2014-0562 Strike-through text is deleted
Last Revised:May 14,2014 Underline text is added
SECTION VII
DEVIATIONS FROM THE LDC
Deviation l: Deviation from LDC Section 5.06.04.G,1,which permits off-premises signs only in
nonresidential zoning districts, agricultural districts, and designated nonresidential components
of PUDs, to allow a v-shaped off-premises sign within the Bristol Pines RPUD. The proposed
off-premises sign is a shared sign serving the Bristol Pines PUD and the Buttonwood Preserve
PUD known as Canopy. The sign will be limited to the duration of new homes sales by the
developers within the Bristol Pines PUD and Buttonwood Preserve PUD, and the sign will be
removed once new homes sales by the developers are complete. The sign copy will be the same
for both sign faces.
Deviation 2: Deviation from LDC Section 5.06,04.G.2.a, which allows for a maximum sign area
of 12 square feet for off-premises signs, to allow for a maximum sign area of 64 square feet for
the proposed off-premises sign.
Deviation 3: Deviation from LDC Section 5.06.04.G.2,b, which allows for a maximum sign height
of 8 feet for off-premises signs. to allow for a maximum sign height of 15 feet for the proposed off-
premises sign.
Deviation 4: Deviation from LDC Section 5.06.04.G.2.e, which requires off-premises signs to
be located no more than 1,000 feet from the use for which the sign is displayed, to allow the
proposed off-premises sign to be located no more than 1,520+1- feet from the use for which the
sign is displayed.
Deviation 5: Deviation from LDC Section 5.06.04.G.3, which requires off-premises signs to be
located a minimum of 50 feet from a residential zoning district, to allow the proposed off-
premises sign to be located within a residential zoning district.
Bristol Pines RPUD VII-1
PL2014-0562 Strike-through text is deleted
Last Revised: May 14,2014 Underline text is added
Bristol Pines RPUD—2nd Submittal
PL2014-0562
REVISED EXHIBIT "C"
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SIGN LOCATION
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Bristol Pines RPUD—2nd Submittal
PL2014-0562
EXHIBIT "D"
SIGN LOCATION/UTILITY
EASEMENT INSET
EXHIBIT"D"
SIGN LOCATION/UTILITY EASEMENT INSET
OFF-PREMISES SIGN LOCATION
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