Loading...
HEX Final Decision 2017-27 HEX NO. 2017—27 HEARING EXAMINER DECISION PETITION NO. PDI-PL20170000247 — Collier Land Development, Inc. requests an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development (MPUD), Ordinance No. 05-59, as amended, to add one new deviation relating to signage. The subject property is located on the south side of Tamiami Trail East, approximately one quarter mile east of Thomasson Drive, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of±4.34 acres. DATE OF HEARING: October 12, 2017 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: No objections have been received for this application and no members of the public, other than those associated with the Applicant, attended the hearing. An email expressing support was received. Two commercial parcels are interconnected with a public access way that connects to US 41 from each parcel. A directory sign exists at one US 41 connection and the applicant requests to have an additional sign at the second connection on US 41, which is approximately 525 feet east of the existing sign. The proposed sign is sufficiently distanced from the other sign so as not to impede traffic and will result in better recognition by the motoring public to the businesses that will exist at this location. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20170000247, filed by Robert J. Mulhere of Hole Montes, Inc. representing Collier Land Development, Inc., with respect to the property as described in the Sabal Bay MPUD, Ordinance No. 05-59, as amended, for an insubstantial change to add one new deviation relating to signage. Said change is fully described [17-CPS-01653/1369477/1]55 1 of 2 in the Sabal Bay MPUD amendment attached as Exhibit "A", and in the Sign Distance diagram attached as Exhibit"B", and is subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A–MPUD Amendment Exhibit B–Sign Distance Diagram LEGAL DESCRIPTION: See Ordinance No. 05-59, as amended,the Sabal Bay MPUD. 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. 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. 10 - 1 – 17I- -- IL— Date Mar Strain, Hearing Examiner Appro ed as to form and legality: \J ---ik• Scott A. Stone Assistant County Attorney [17-CPS-01653/136947711]55 2 of 2 Exhibit "A" to HEX No. 2017-27 EXHIBIT "C" LIST OF DEVIATIONS * * * * * * * * * * * * * Deviation 16 seeks relief from LDC Section 5.06.04.F.3., Directory Signs, which limits multiple-occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, containing 20,000 s.f. or more of leasable floor area, to a maximum of one directory sign at one entrance on each public street, to allow for one additional directory sign on Tamiami Trail East (U.S. 41) in addition to the two existing directory signs (located on Tamiami Trail East and Thomasson Drive). The second directory sign permitted on the Tamiami Trail East frontage shall be located a minimum of 500 feet to the east of the existing directory sign on Tamiami Trail East. Page 1 of 1 Words underlined are added; words strucic through are deletions H:\20I7\2017004\WP\PDI\3rd Resubmittal\Sabal Bay MPUD(PDI-PL20I70000247)(8-1-2017).docx Exhibit "B" / � C H O a (.• If % 171 gi '4 1 01 w v a I, A .< .kir O Q0 I �" t /°4 /. J O , r . i -!, - `', '14-et." .-/::' ° 'y Q is,.y.. ,. ./1)01 / . :40! -- 1 * -- .--.4 a..*- ' ,. ,jr„ .:'::4,t,::: '1,,,/,...,,e,..,' ::- ,y':---,--.,- -':,,-_--4.-4,, ,,,',...,„,,''': ._:.\-:.,',,,„k_..,\---7*11.__.'i..;,:--;' 1 • • V . ' .t.," ° "-e• -<`. '- 1- ' - Ilii:{fr: " J "' 011 / y j :` ; \6' 4 44 1" `' ,.... .Q .�,� { .� �r L '17,-.=„1„,...;."-741411414k- ''''''',:','',;4:' ,', ' , . . Q liC, a, v! Q 0 Cl) Ca aux o t0 mIii NT: