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HEX Final Decision 2020-31Page 1 of 3 HEX NO. 2020-31 HEARING EXAMINER DECISION DATE OF HEARING. December 10, 2020 PETITION. PETITION NO. PDI-PL20200001210 -Request for an insubstantial change to Ordinance No. 18-51, the Russell Square Residential Planned Unit Development (RPUD), updating existing deviation language to reflect a street name change and adding a deviation from LDC Sections 5.06.02.B.1.a and 5.06.02.B.6 to allow the wall height for the residential signs located on Seychelles Avenue at the project entrance to be a maximum height of 11.6 feet, as measured from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. The RPUD consists of 32.9± acres located on the east side of Santa Barbara Boulevard approximately ¼ mile south of Davis Boulevard in Section 9, Township 50 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The Petition allows for a new entrance sign based on new measurement points. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this matter pursuant to Ordinance 2013-25, as amended and Administrative Code Chapter 3, Section. G.3. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in-person in accordance with Collier County Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 5. The Petitioner and/or Petitioner’s representative presented the Petition, followed by County staff and then public comment. Page 2 of 3 ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County’s staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner’s representative(s), County staff and any given by the public, the Hearing Examiner finds that there is sufficient competent, substantial evidence as applied to the criteria set forth in Sections 10.02.13.E.1 and 10.02.13.E.2. of the Collier County Land Development Code to approve the Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number PDI-PL20200001210, filed by D. Wayne Arnold, AICP representing Neal Communities on the Braden River LLC, with respect to the property as described in the Russell Square Residential Planned Unit Development (RPUD), Ordinance No. 18-51, for the following: • An insubstantial change to Ordinance No. 18-51, the Russell Square Residential Planned Unit Development (RPUD), updating existing deviation language to reflect a street name change and adding a deviation from LDC Sections 5.06.02.B.1.a and 5.06.02.B.6 to allow the wall height for the residential signs located on Seychelles Avenue at the project entrance to be a maximum height of 11.6 feet, as measured from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. Said changes are fully described in the Revised Master Site Plan and Revised RPUD List of Deviations attached as Exhibits "A" and “B” and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A – Revised Russell Square RPUD Master Site Plan Exhibit B – Revised Russell Square RPUD List of Deviations (strike through/underlined) LEGAL DESCRIPTION. See Collier County Ordinance No. 18-51 CONDITIONS. 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 Page 3 of 3 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 Andrew Dickman, Esq., AICP Hearing Examiner EXHIBIT “A” SANTA BARBARA BOULEVARD(NORTHBOUND)15' WIDE TYPE 'B' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER WATER MANAGEMENT R 1 WATER MANAGEMENT WATER MANAGEMENT PRESERVE 1 2 2 2 2 2 3 3 334 4 5 3 R R R R R R PUD BOUNDARY 6 PRESERVE 6 7A 8 15' WIDE TYPE 'B' LANDSCAPE BUFFER PROJECT ENTRANCE SIGN PROJECT ENTRANCE SIGN 20' WIDE TYPE 'D' LANDSCAPE BUFFER NO BUFFER REQUIREDNO BUFFER REQUIRED 9 9 9 10 10 0 200'100' SCALE: 1" = 200' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" TAORMINA RESERVE MPUD PRESERVE TAORMINA RESERVE MPUD COMMERCIAL TAORMINA RESERVE MPUDPRESERVEZONED: ARESIDENTIALZONED: A RESIDENTIAL ZONED: A COUNTY WATER MANAGEMENT AREA # = DEVIATION A = AMENITY AREA R = RESIDENTIAL AREA GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 NOTES 1.THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2.PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07.  IN ORDER TO PROVIDE THE REQUIRED TYPE B  BUFFER, A MINIMUM 6-FOOT-WIDE LANDSCAPE BUFFER EASEMENT LOCATED OUTSIDE OF THE PRESERVE WILL BE CONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATION OR CONDOMINIUM ASSOCIATION AT TIME OF SDP OR PLAT APPROVAL.  OWNER WILL PLANT ADDITIONAL LANDSCAPE MATERIAL IN THE BUFFER EASEMENT TO ACHIEVE THE OPACITY REQUIREMENT NO LATER THAN ONE YEAR FROM THE ISSUANCE OF THE FIRST RESIDENTIAL CERTIFICATE OF OCCUPANCY. SITE SUMMARY TOTAL SITE AREA:  32.9± ACRE MAXIMUM DWELLING UNITS:230 (7 DU/AC X 32.9 ACRES) PRESERVE: REQUIRED:3.47± ACRES (13.88± ACRES NATIVE VEGETATION X 0.25) PROVIDED:3.47± ACRES NATIVE TREES: REQUIRED:28 (110 EXISTING TREES X 0.25) PROVIDED:25 PINES + 3 PALMS IN ACCORDANCE WITH LDC SECTION 3.05.07 OPEN SPACE: REQUIRED:19.74± ACRES (32.9± ACRES X .60) PROVIDED:19.74± ACRES EXHIBIT “B” Words underlined are additions; words struck through are deletions Russell Square RPUD, PL20200001210 Page 1 of 2 11/19/2020 EXHIBIT E FOR RUSSELL SQUARE RPUD LIST OF DEVIATIONS 1. Deviation 1 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary banner sign up to a maximum of 32 square feet in area and 8 feet in height. The temporary banner sign shall be limited to a maximum of 90 days during season defined as November 1 to April 30 per calendar year. This Deviation will remain valid until 90% of the units are sold or until December 31, 2024, whichever comes first. At such time, the Deviation will be void. 2. Deviation 2 seeks relief from LDC Section 5.06.02.B.5.a, which requires on-premises directional signs to be setback a minimum of 10’ from edge of roadway, paved surface or back of curb, to allow a setback of 5’ from edge of roadway, paved surface or back of curb. This deviation excludes public roads. 3. Deviation 3 seeks relief from LDC Section 5.03.02.C.1.a and 5.03.02.C, Fences and Walls, Excluding Sound Walls, which requires fences or walls in a residential PUD to be 6 feet or less in height, to permit an 8-foot high wall on top of berm along Cope LaneSeychelles Avenue right-of- way and 12 foot high wall on top of the required water management berm along the Santa Barbara boulevard right-of-way. 4. Deviation 4 seeks relief from LDC Section 5.06.02.B.6 (a) and 5.06.02.B.6 (b), On-premises Sign Within Residential Districts, which permits two ground signs at a maximum height of 8 feet with a sign face area not to exceed 64 square feet and a minimum setback from all property lines and road right-of-way of 10 feet, to permit two signs, not at the project entrance, of up to 80 square feet (per sign face) to be located along the Santa Barbara Boulevard frontage of the property on the project’s wall and to exceed the maximum sign height of 8 feet for a maximum of 12 feet in height measured from the adjacent roadway centerline elevation with a minimum setback of zero feet from the property line. This Deviation is conditioned upon owner’s relocation of the wall and sign at its own expense, in the event it conflicts with a County road expansion or project. 5. Deviation 5 seeks relief from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires dual sidewalks on local roads internal to the site, to allow a sidewalk on one side of the roadway where the property is permitted with single loaded home sites. Appropriate crosswalks shall be provided at crossing locations. 6. Deviation 6 seeks relief from LDC Section 3.05.07.A.5, Preservation Standards, which requires preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors, to allow the onsite preserves to be non-contiguous. 7. Deviation 7 seeks relief from LDC Section 5.05.08.B.2.a.i and 5.05.08.B.2.c.i, Architectural and Site Design Standards, which requires where a proposed project site located within 150 to 300 feet of an arterial or collector road , including all rights-of-way , shall be required to comply with LDC sections 5.05.08 D.4., D.10., D.13., D.15., E, and F. Compliance shall be limited to the building Words underlined are additions; words struck through are deletions Russell Square RPUD, PL20200001210 Page 2 of 2 11/19/2020 façades facing the arterial or collector road to allow the buildings behind a wall to not be subject to this LDC requirement. 8. Deviation 8 seeks relief from LDC Section 4.05.04.G, Parking Space Requirements, which requires where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities, to allow the parking space for the recreation facilities to be computed at 25 percent where the majority of dwelling units are within 500 feet of the recreation facilities. 9. Deviation 9 seeks relief from LDC Section 4.06.02, Table 2.4, Buffer Requirements, which requires a 15’ wide type “B” landscape buffer to allow no buffer in the areas adjacent to the Taormina Reserve PUD preserve area as depicted on the Master Plan. 10. Deviation 10 seeks relief from LDC Section 5.06.02.B.1.a and 5.06.02.B.6, “Development Standards for Signs within Residential Districts” which requires residential entrance signs shall meet the following standards: a. Maximum allowable height. All signs within residential zoning districts, and as applicable to designated residential portions of PUD zoned properties, are limited to a maximum height of 8 feet, or as otherwise provided within the LDC. Height shall be measured from the lowest centerline grade of the nearest public or private right-of- way or easement to the uppermost portion of the sign structure. b. On-premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to a multi-family or single-family development. This deviation will instead allow the wall height for the residential signs located on Seychelles Avenue at the project entrance to be a maximum height of 11.6 feet, as measured from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. Sign Deviation Exhibit N.T.S.