HEX Final Decision 2014-18 HEX NO. 2014— 18
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140000973 — Petitioner, Taylor Morrison of Florida, Inc.,
requests an insubstantial change to Ordinance No. 11-41, the Hacienda Lakes Mixed Use
Planned Unit Development, to add a deviation to allow one wall sign with a maximum
height of thirteen feet at the entrance to a residential development known as Esplanade at
Hacienda Lakes. The subject property is located approximately one-half mile east of the
intersection of Collier Boulevard (CR 951) and Rattlesnake Hammock Road in Section 23,
Township 50 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:
Phase I of the Esplanade at Hacienda Lakes was originally approved on July 9th, 2013 as a plans
and plat (PPL) submittal (#2012-2539). Page 7 of that PPL submittal plan set delineates the
location of a typical wall (noted as 6 feet to 8 feet) and "project signage", which appears in the
general location requested by this PDI application.
Following the PPL submittal, a permit dated January 7th, 2014 (PRBD2013123118601) was
applied for and approved for an entry monument and columns. The submittal included 7 pages
of plans showing the construction details of the sign structure with the sign copy that was to be
applied. By the plans provided, it was the intention of this entry feature to coincide with the sign
location on the PPL submittal, which was also referenced. The plan set indicated a height of the
sign structure at 13 feet, which is greater than the maximum 8 foot height allowed in the Land
Development Code. This application was approved with the staff comment that "... a separate
permit is required for the sign."
During the hearing on this PDI request, the sign plans reviewer, Diana Compagnone, testified
that a sign also includes the structure to which it is applied and when asked if this includes to the
13 foot height shown on the permit submittal the response was affirmative. Ms. Compagnone
was not one of the permit reviewers for this plan set.
Page 1 of 3
A separate permit (#PRBD20140409427-01) was submitted on April 14th, 2014 requesting
approval of the sign copy that was to be applied to the 13 foot sign structure.
On May 7th, 2014, the permit for the sign was approved. The PDI request, which is the subject
of this hearing, did not occur until July 10th, 2014. This sign was permitted over 2 months prior
to a required public process and hearing for final determination. In order to permit the sign
without such PDI approval, the applicant was asked to provide a signed statement
acknowledging "...to allow the lettering to be placed on the existing wall at the developer's risk
It is also understood that if the PDI application is not approved, the sign lettering will have to be
removed, or the sign height must be reduced to the maximum height of 8 feet as set forth in the
LDC. " This is referred to as an "at-risk" letter.
On July 9th, 2014 a site review was conducted by this Examiner, during which it first became
known to this Examiner that the sign copy had already been installed.
During the hearing, the Zoning Director, under direct questioning from the Hearing Examiner,
was asked if there were any provisions in our Land Development Code that allowed such "at-
risk" approvals and his response was that after research he had found none, but such letters were
created by policy. When asked if this policy was approved by the Board of County
Commissioners, the Zoning Director stated not to his knowledge.
In the Hearing Examiner's opinion, lacking a clear allowance for the use of "at-risk" letters
within the LDC or a policy direction from the Board of County Commissioners, such "at-risk"
letters are inconsistent with the intent of our code and frustrate the quasi-judicial process that is
established for such approvals.
Further review of this PDI application found two other clarifications needed.
The first is the reference throughout the application to the sign being requested as a wall sign.
Upon discussion with staff and the applicant it was determined that a more appropriate reference
to this type of sign would be to call it a"ground" sign.
Within the staff report there are two different versions of the language to be used for Deviation
#9. It was determined and agreed by staff and the applicant that the deviation #9 version dated
June 6th, 2014 would be the version used for this hearing with the added correction that the
reference to the "wall sign"be changed to "ground sign".
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140000973, filed by Alexis
Crespo, AICP, of Waldrop Engineering, P.A., representing Taylor Morrison of Florida, Inc., with
respect to the property as described in Exhibit A, for an insubstantial change to Ordinance No.
11-41, the Hacienda Lakes Mixed Use Planned Unit Development, to add a deviation to allow
one ground sign with a maximum height of thirteen feet at the entrance to a residential
development known as Esplanade at Hacienda Lakes. Said changes are fully described in the
Hacienda Lakes MPUD Amendment and Location Map attached as Exhibit B.
Page 2 of 3
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B—MPUD Amendment and Location Map
LEGAL DESCRIPTION: See Exhibit A.
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.
fi- IS , 2 01 o
Date Mar. Strain, Hearing Examiner
Appr ved as to form and legality:
CiA)
H idi As ton-Cicko
Managing Assistant County Attorney
14-CPS-01323/20
Page 3 of 3
OR 4938 PG 2435
Exhibit"A"
HACIENDA LAKES OF NAPLES
TRACT A
A TRACT OR PARCEL OF LAND SITUATED IN SECTION 23,TOWNSHIP 50 SOUTH,
RANGE 26 EAST,COLLIER COUNTY,FLORIDA,BEING BOUNDED AND DESCRIBED
AS FOLLOWS:
COMMENCING AT THE 4 INCH SQUARE CONCRETE MONUMENT REFERENCED IN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED CORNER
RECORD NUMBER 84343 MARKING THE EAST ONE QUARTER CORNER OF SECTION
23,TOWNSHIP 50 SOUTH,RANGE 26 EAST;
THENCE ALONG THE EAST-WEST ONE QUARTER SECTION LINE OF SAID SECTION
23,SAID LINE BEING THE BASIS O ; 4;'' 4 S DESCRIPTION,
S.89°01'58"W.,FOR 30.03 FEET iii`, ''e ON -:'S • WESTERLY RIGHT OF
WAY LINE OF BENFIELD RO fivr • THE POINT OF ' ING OF THE HEREIN
DESCRIBED PARCEL;
THENCE CONTINUING • • (, , ,. ��c {� AR! R SECTION LINE,
S.89°01'58"W.,FOR 1,298.4: �:� q e; • :" �'•_•N 'Til "y� CAP LB 6990
MARKING THE NORTHEA` + ••RNER OF THE 1R Sit ' •NE QUARTER OF THE
SOUTHEAST ONE QUARTS' AID SECTION %w LIT v ' ALONG THE EAST,
SOUTH AND WEST LINES OF '•�� ORTHEAST 0 e+• :'TER OF THE
NORTHWEST ONE QUARTER 0 L■•• ! n-! .°t-'V • ►' QUARTER THE
FOLLOWING THREE(3)COURSES: E CI1
1. THENCE S.01°18'52"W.,FOR 679.65 FEET TO A 5/8"IRON ROD WITH CAP LB 6990
MARKING THE SOUTHEAST CORNER OF SAID NORTHWEST ONE QUARTER;
2. THENCE S.89°22'00"W.,FOR 663.28 FEET TO A 5/8" IRON ROD WITH CAP LB 6990
MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST ONE QUARTER;
3. THENCE N.01°14'38"E.,FOR 675.75 FEET TO A 5/8"IRON ROD WITH CAP LB 6990
MARKING THE NORTHWEST CORNER OF SAID NORTHWEST ONE QUARTER AND A
POINT ON SAID EAST-WEST ONE QUARTER SECTION LINE;
THENCE ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S.89°01'58"W.,
FOR 664.25 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE CENTER OF
SAID SECTION 23;
THENCE CONTINUING ALONG SAID EAST-WEST ONE QUARTER SECTION LINE
S.89°01'58"W.,FOR 627.16 FEET TO A 5/8"IRON ROD MARKING THE SOUTHWEST
CORNER OF THE EAST ONE HALF OF THE EAST ONE HALF OF THE NORTHWEST
ONE QUARTER OF SAID SECTION 23;
THENCE ALONG THE WEST LINE OF SAID EAST HALF N.01°01'15"E.,FOR 1,699.99
FEET TO A 5/8"IRON ROD;
THENCE S.88°58'45"E.,FOR 445.48 FEET;
OR 4938 PG 2436
41 III
THENCE N.01°01'15"E.,FOR 400.00 FEET;
THENCE S.88°58'45"E.,FOR 151.77 FEET;
THENCE N.01°01'15"E.,FOR 457.04 FEET TO A POINT ON THE FUTURE SOUTHERLY
RIGHT OF WAY LINE FOR RATTLESNAKE HAMMOCK ROAD EXTENSION AND A
POINT ON A CURVE;
THENCE ALONG SAID FUTURE SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING
SIX(6)COURSES:
1. THENCE EASTERLY 268.58 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 949.00 FEET THROUGH A CENTRAL
ANGLE OF 16°12'55"AND BEING SUBTENDED BY A CHORD WHICH BEARS
N.82°44'27"E.FOR 267.68 FEET TO A POINT OF REVERSE CURVATURE;
2. THENCE EASTERLY 297.08 FEET ALONG THE ARC OF A REVERSE CURVE TO
THE RIGHT HAVING A RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF
28°22'07"AND BEING SUBTENDED BY A CHORD WHICH BEARS N.88°49'03"E.FOR
294.05 FEET TO A POINT OF COMP k I NIP it ; .4:A ;
3. THENCE EASTERLY 211.21 P I • `G 'I !' • A COMPOUND CURVE TO
THE RIGHT HAVING A RAD Id ` 2 1,040.00 FEET I' N i A CENTRAL ANGLE OF
I 1°38'09"AND BEING SUB ,� ► 1aBY A ' : '-• I C B • ' S.71°10'49"E.FOR
210.84 FEET TO A POINT •) ' 4,-4., €"--i' •- -
4. THENCE EASTERLY 54. : � •4 t YLI ,F �T • • VERSE CURVE TO
THE LEFT HAVING A ' • I .• 'T•y„�' ,0 19. ..1 1•x,11 1 • ; ENTRAL ANGLE OF
27°00'44"AND BEING SUB ' -►'''ED BY A CHO' v ` 1 +`' • • S.78°52'07"E.FOR
541.84 FEET; Vii'
5. THENCE N.87°37'31"E.,FO', $ FEET TO A POI 0; ••• URVATURE;
6. THENCE SOUTHEASTERLY '� ' "a. _ • - ---A,' • 'C OF A TANGENTIAL
CURVE TO THE RIGHT HAVING A '•-.'TT-L 61 e :• FEET THROUGH A CENTRAL
ANGLE OF 90°57'2T'AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.46°53'48"E.FOR 71.30 FEET TO A POINT ON THE FUTURE WESTERLY RIGHT OF
WAY LINE OF BENFIELD ROAD AND A POINT OF REVERSE CURVATURE;
THENCE ALONG SAID FUTURE WESTERLY RIGHT OF WAY LINE THE FOLLOWING
FOUR(4)COURSES:
1. THENCE SOUTHEASTERLY 955.48 FEET ALONG THE ARC OF A REVERSE CURVE
TO THE LEFT HAVING A RADIUS OF 1,160.00 FEET THROUGH A CENTRAL ANGLE
OF 47°11'39"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.25°00'56"E.
FOR 928.70 FEET;
2. THENCE S.48°36'46"E.,FOR 641.57 FEET TO A POINT OF CURVATURE;
3. THENCE SOUTHEASTERLY 909.05 FEET ALONG THE ARC OF A TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 1,040.00 FEET THROUGH A CENTRAL
ANGLE OF 50°04'53"AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.23°34'19"E.FOR 880.38 FEET;
4. THENCE S.01°28'07"W.,FOR 239.01 FEET TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN.
Hacienda Lakes MPUD
Amend Ordinance Number 11-41
AMENDMENT TO EXHIBIT E OF THE PUD DOCUMENT ATTACHED TO
ORDINANCE NO. 11-41,THE HACIENDA LAKES MPUD.
The"List of Requested Deviations from LDC," labeled Exhibit E of the
PUD Document attached to Ordinance No. 11-41, the Hacienda Lakes MPUD, is hereby
amended as attached hereto and incorporated by reference herein.
Exhibit B
Page 1 of 4
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation#1 seeks relief from LDC Subsection 6.06.01.B, related to streets in subdivisions,that requires
subdivisions to have platted road rights-of-way for streets, to allow private streets to be provided by
separate access easements rather than platted road rights-of way.
Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to
allow one model home for each variant of the residential product proposed in the various phases or
communities within the project. The number of model homes may exceed five for each phase or
community within the project, but shall not exceed a total of 60 models for the entire MPUD
development.
Deviation #3 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property
corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The
sign content area for "boundary markers" to be located in the Residential Tract R may be 15 feet in
height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b.
Deviation#4 seeks relief from LDC Section 5.03.02.C.2.that limits fence or wall heights to six(6') feet,to
allow fences or walls to be no greater than eight (8') feet throughout the development. Where
associated with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be
installed as a wall, berm,or wall/berm combination.
Deviation #5 seeks relief from LDC Sections 4.02.13 G., and 4.06.02 C5., that requires a six foot tall
opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the
boundaries of a business park. Buffering around the proposed Business Park Tract would be as required
by the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination
thereof will not be required on the Business Park Tract along the frontage of Lord's Way.
Deviation #6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC
Section 5.06.02 B.2.,that would be erected off-site from the Residential Tract, in the Commercial Tract.
Deviation #7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock
road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated
to allow the construction of the bridge to extend Rattlesnake Hammock Road, and/or a new sign can be
permitted in Tract C.
Deviation #8 seeks relief from LDC Section 5.05.04 D.1. that limits care unit Floor Area Ratio (FAR) to
0.45,to allow a care unit FAR of 0.60.
Deviation #9 seeks relief from LDC Section 5.06.02.B.6, which allows two (2) ground or wall signs per
entrance to a residential development with a maximum height of 8 feet, to allow for one (1) ground sign
with a maximum height of 13 feet at the entrance to Esplanade at Hacienda Lakes as shown on
Attachment E-2, Esplanade at Hacienda Lakes Entry Sign Location Map.
Hacienda Lakes PDI Words stfuek-thfe+gil are deleted; Page 1 of 1
Last Revised:June 6,2014 Words underlined are added
Exhibit B
Page 2 of 4
ATTACHMENT E-1
ESPLANADE AT HACIENDA LAKES PROJECT LOCATION MAP
PDI-PL2014-0000973
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