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HEX Final Decision 2019-34 HEX NO. 2019 - 34 HEARING EXAMINER DECISION PETITION NO. PDI-PL20180003494 — Minto Sabal Bay, LLC, requests an insubstantial change to Ordinance No. 05-59, as amended, the Sabal Bay MPUD, to add three new deviations relating to fence or wall height, sidewalks and right-of-way width for the property described as Tract F-1, Isles of Collier Phase 3 subdivision. The subject property is located on the south side of U.S. 41 East, approximately one-half mile east of Thomasson Drive, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, with the PUD consisting of 2,416± acres. DATE OF HEARING: July 25, 2019 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: Several members of the public attended the neighborhood information meeting; no members of the public, other than the applicant's representatives, attended this hearing. The requested insubstantial changes do not include any changes to the master plan for this planned unit development (PUD). The master plan includes a connection to US 41 from this F-1 tract and per staff testimony, this reference on the master plan remains in effect, subject to the Florida Department of Transportation's (FDOT) review. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20180003494, filed by Jennifer Sapen of Barraco and Associates, Inc., representing Minto Sabal Bay, LLC, with respect to the property described herein, for an insubstantial change to add three new deviations relating to fence or wall height, sidewalks and right-of-way width, as described in the Sabal Bay MPUD amendment attached as Exhibits "C" and"D", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit "A"—Key Map and Cross Section Exhibit "C"—List of Deviations Exhibit "D"—Affected Area for Deviations (note: there is no Exhibit "B".) [19-CPS-01856/1488813/1] 1 of2 LEGAL DESCRIPTION: See Exhibit"D". CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Deviations 17, 18 and 19 apply to Tract F-1 only. 3. Deviations 18 and 19 are limited to an area of 1,500± lineal feet as graphically shown on Exhibit"A". 4. The wall/berm combination for Deviation 17 includes the required type D buffer at a width of 20 feet. 5. This decision is limited to the deviations requested and is not intended to amend the PUD master plan. 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. e - 5--)61 (Acu.,11 Date M k Strain, Hearing Examiner Approved as to form and legality: C ep eiAshton-C' icko Managing Assistant County Attorney [19-CPS-01856/1488813/1] 2 of2 41 88 q,id 'W$ W j ' zJaS Iii 'il ':11111111111121! � R „ §isW s'''l i'ill,91z,0 4 il � -aII!® i1to n tip tilT ' 1 1=piig 11a1 'ri, w 'It Sa \ p a G 6 1 V4 - Ir o Y 2 r Y w' '. — QZ111c*; oI © G mall*11A110...ALA L o 64 a VIA i, i thi I 01 14 1 i 1 4 c\1*- T. Qom. Allatikis :flea ¢ •- °' 0. 'g — imi : I aw W a . a O 1 , a-• 4% te• \:• : i •�h� _ •:�,� 1L Z.� 4 ,-______, 1 1 1 1 1 1 1 ' \ i 1 Va d � N, Y 4 °. 4 0 P, LL F tW (µNg - J'0 T. W ti64 u It r LLy tt 0 \___ � ' Uwq1Y .,, ,- , N YJ tf N etc X \V A\ y—,,,. ,t:, u.i ... vi „,,, d , t. ,LL ti+ o tSS K y VI i r�Y /\ tZ,- N G 'It°yo ,\ P ° cnt p a t yf a W a \ 1 EXHIBIT "C" List of Deviations (PREVIOUSLY APPROVED DEVIATIONS 1 - 8 IN ACCORDANCE WITH ORDINANCE 05-59 TO STILL REMAIN IN EFFECT) Deviation 1: LDC Section 6.06.01(0) and LDC Appendix 8, in order to allow 50 feet of right-of-way for local roads rather than the required 60-foot width (throughout). * * * * * * * * * * * * * * 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. (Approved in HEX No. 2017-27.) Deviations Applicable Only to Tract F-1, Isles of Collier Preserve Phase 3, as described in Exhibit "D" Deviation 17 seeks relief from LDC Section 5.03.02.F.1.a, which prohibits alteration of existing ground levels for the purpose of increasing the height of a proposed fence or wall, to instead allow alteration of existing ground levels to build a berm up to seven and half feet (7.5') in height with a fence or wall at a height of up to eight feet (8') on top of the berm. The total combined height of the berm and wall will be fifteen and a half feet (15.5'). Deviation 18 seeks relief from LDC Section 6.06.01.N and LDC Appendix B, which requires minimum right-of-way widths for local roads to be sixty feet (60'), to instead allow a minimum right-of-way width of forty-five feet (45'), on single loaded roads as described in Deviation 19 below. Words underlined are additions; words struck through are deletions. Sabal Bay MPUD Amendment/PDI-PL18-3494/2019-06-11 1 of 2 Deviation 19 seeks relief from LDC Section 6.06.02.A.1, which requires local/internal accessway roads to provide a minimum five-feet wide sidewalk on both sides of the street, to instead allow all privately and/or CDD owned roadways internal to the property to have a minimum six-foot wide sidewalk on one side of the street, and no sidewalk on the other side of the street, on single loaded roads (roads with homes on only one side of the street). Words underlined are additions; words struck through are deletions. Sabal Bay MPUD Amendment/PDI-PL18-3494/2019-06-11 2 of 2 r�arraco www.barraco.net and Associates, Inc. Civil Engineers, Land Surveyors and Planners "EXHIBIT D, Affected Area for Deviations 17, 18, and 19" DESCRIPTION Tract "F-x", "Isles of Collier Preserve Phase 3", recorded in Plat Book 57, at Page 66, of the Public Records of Collier County, Florida. L:\23239-ICP Phase 3(Parcel B)\Descriptions\Tract P-i.dorx Post Office Drawer 2800• Fort Myers,FL 33902 Phone(239)461-3170•Fax(239)461-3169 lofl Z. iti 4aul _ ' NOrmrE --- " 258!._1_0' _ _ y --A -H-2----L------------- - --- TRACT UNE- / /� El iI A 1/4 Section Line WAA SEMEN SOA 572, -i j ,P0.120. 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