HEX Final Decision 2015-38HEX NO. 2015 — 38
HEARING EXAMINER DECISION
PETITION NO. PDI- PL20150000742 — Petitioners, Longshore Lake Foundation, Inc. and
Parklands Associates I, LLLP, request an insubstantial change to Ordinance No. 93 -3, as
amended, the Longshore Lake PUD, to allow the permitted off - premises sign located on the
southeast corner of the PUD to be used for the benefit of the Parklands PUD instead of the
Terafina PUD, to change the name shown on the off - premises sign from "Riverstone" to
"Stone Creek," to amend the off - premises sign exhibits, and to amend the off - premises sign
deviations to reflect the new name on the sign and allow the sign to be located more than
1,000 feet from the Parklands PUD. The subject property is located on the north side of
Immokalee Road, just west of Logan Boulevard, in Section 20, Township 48 South, Range
26 East, Collier County, Florida.
DATE OF HEARING: October 8, 2015
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 is
approved.
ANALYSIS:
No objections were received regarding this petition.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI- PL20150000742, filed by Robert
L. Duane, AICP, representing Longshore Lake Foundation, Inc. and Parklands Associates 1,
LLLP, with respect to the property as described herein, for the following insubstantial changes:
• allow the permitted off - premises sign located on the southeast corner of the PUD to be
used for the benefit of the Parklands PUD instead of the Terafina PUD;
• to change the name shown on the off - premises sign from "Riverstone" to "Stone Creek ";
• to amend the off - premises sign exhibits;
• to amend the off - premises sign deviations to reflect the new name on the sign; and
• to allow the sign to be located more than 1,000 feet from the Parklands PUD.
Said changes are fully described in the Longshore Lake PUD amendment and Signage Plan
attached as Exhibit "A ", and are subject to the condition(s) set forth below.
[15- CPS - 01448/1214687/1]59 1 of
ATTACHMENTS: Exhibit A — PUD Amendment and Signage Plan
LEGAL DESCRIPTION: Tract B of the plat of Longshore Lake, Unit 5C, as recorded in Plat
Book 32, Pages 32 -33, of the Public Records of Collier County, Florida.
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.
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
[15- CPS - 01448/1214687/1]59 2 oft
Cw�
Mark Strain, Hearing Examiner
A oved as to 4rm and legality:
Scott A. ne
Assistant County Attorney
Exhibit A
Page 1 of 7
SECTION III
DEVELOPMENT REGULATIONS
3.2 USES PERMITTED
B. Accessory Uses:
4. Signs as permitted by the Collier County Land Development Code at the
time Permits are requested including an off - site - premises sign for the
Terafina Parklands Planned Unit Development. The off - site- premises sign
use shall terminate no later than when the Logan Boulevard Extension
between Immokalee Road and Bonita Beach Road is constructed and
accepted by Collier County. In the event the lease dated August 30, 2007,
between Longshore Lake Foundation, Inc. and GL Homes of Naples
Associates II, Ltd., as it may be amended or superceded, terminates and is
no longer in effect, then the off -site- premises sign for Ter-afina Parklands
shall be permitted to convert to an on -site- premises sign for Longshore
Lake PUD. The permissible conversion shall be limited to modifying the
sign face of the sign from r^ uffli Fal6 Stone Creek to Longshore Lake.
See also Exhibits "B -1," B -2 ", "13-311, 4413-491, B -5" and "C."
[15- CPS - 01448/1214790/1]62
Words underlined are additions; Words struek threug# are deletions.
10/8/15
EXHIBIT "C"
List of Deviations
For an Off -Site- Premises Sign:
Exhibit A
Page 2 of 7
1. Deviation #1 seeks relief from Section 5.06.04 C.16. G.1 of the Land Development
Code (LDC), which requires placement of signs in non - residentially zoned areas, to allow an off -
&4-e- premises sign as depicted in Exhibits "B-l", "13-2",413-3", "134" and "13-5" of this PUD, in
residentially zoned property known as the Ter-afin Longshore Lakes PUD, located in Section 4.6
20, Township 48 South, Range 26 East.
3. Deviation #4 3 seeks relief from Section 5.06.04 G.16.b. r G.2.e of the LDC, which
requires the off -side- premises sign to be located within 1,000 feet of the inter-sett on of the
building structure, or use for which the sign is
displayed. The Terafina Parklands PUD is located approximately one two miles from iffifnekalee
' the proposed - location €ef of the
I
117-M.
[15- CPS - 01448/1214790/1]62
Words underlined are additions; Words stfue' gh are deletions.
10/8/15
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