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HEX Final Decision 2020-32Page 1 of 3 HEX NO. 2020-32 HEARING EXAMINER DECISION DATE OF HEARING. December 10, 2020 PETITION. PETITION NO. PDI-PL20200000869 -- Request for an insubstantial change to Ordinance No. 01-07, the Ragge PUD, a Planned Unit Development (PUD), by adding Section V to provide for a list of Deviations from the Land Development Code, by adding Section 5.1.A to allow for a deviation from LDC Section 5.06.04.G.2.a which limits specified off-premise directional signs to 12 square feet in area to instead allow an off-premise sign for Lot 2 to be placed on the existing ground sign for Lot 1 for which the off-premise portion of the existing sign shall be no more than 27 square feet in total area and by adding Exhibit “D” Sign Location depicting the Section 5.1.A deviation. The subject PUD consists of 4.50± acres located at the northwest corner of the intersection of Pine Ridge Road and Kramer Drive/Whippoorwill Lane, approximately ½ mile west of Interstate 75, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. To co-locate the applicant’s “Home2 Suites by Hilton” on an existing “Suncoast Credit Union” sign STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Ordinance 2013-35, as amended and the 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 testimony given by the public, the Hearing Examiner finds that there is enough 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 Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number PDI-PL20200000869, filed by Justin Ebrite of Phoenix Associates of Florida, Inc. representing Suncoast Credit Union and 99Naples, LLC, with respect to the property as described in the Ragge Planned Unit Development (PUD), Ordinance No. 01-07, for the following: • An insubstantial change to Ordinance No. 01-07, the Ragge Planned Unit Development (PUD), by adding Section V to provide for a list of Deviations from the Land Development Code, by adding Section 5.1.A to allow for a deviation from LDC Section 5.06.04.G.2.a limiting off-premise directional signs to 12 square feet in area to instead allow an off- premise sign for Lot 2 to be placed on the existing ground sign for Lot 1, with Lot 2’s off- premise sign being no more than 27 square feet in total area, and by adding Exhibit “D” Sign Location depicting the Section 5.1.A deviation. Said changes are fully described in the Site Plan and PUD Deviation attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A – List of deviation(s) (strike through/underlined) with Site Plan showing location of Ragge PUD sign deviation. LEGAL DESCRIPTION. See Ordinance No. 01-07 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” Words underlined are added; words stuck through are deleted RAGGE PDI PL2020000869 REVISED 08/20/20 THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 01- 07, IS AMENDED TO INLCUDE SECTION I, HEREBY AMENDED AS FOLLOWS: SECTION V LIST OF DEVIATIONS ********** 5.1 THE FOLLOWING DEVIATIONS FROM THE LAND DEVELOPMENT CODE ARE APPROVED FOR THE RAGGE PUD *********** A. Deviation A seeks relief from LDC Section 5.06.04 G #2A, Development Standards for Signs in Nonresidential Districts, which requires that signs shall not be more than 12 square feet in area, to instead allow a sign to not be more than 28 square feet total area per corporate logo for each lot within the PUD. 16 A. This deviation seeks relief from LDC Section 5.06.04.G.2.a which limits specified off-premise directional signs to 12 square feet in area to instead allow an off-premise sign for Lot 2 to be placed on the existing ground sign for Lot 1. The off-premise portion of the existing sign shall be no more than 27 square feet in total area. SEE EXHIBIT "D" LOT 1 RAGGE PUE LOT 2 RAGGE PUD EX. COMMERCIAL STORAGE PINE RIDGE ROAD (PUBLIC) EX 120' R.O.W. EX. SUNCOAST CREDIT UNION (BANK)EX. COMMERICAL BUILDINGEX. INGRESS / EGRESS LOT 1 WESTBOUND LANES EASTBOUND LANES KRAMER DR.50' ROW (PRIVATE)EX. HOME 2 SUITES NAPLES ( HOTEL) EX. GAS STATION 248.7'EX. INGRESS / EGRESS LOT 1 EX. INGRESS / EGRESS LOT 2 DEVIATION REQUEST TO EX. PUD MONUMENT SIGN (FACES EAST) EX. GAS STATION MONUMENT GATEWAY LANE 50' ROW (PRIVATE)54.4'88.4' EXHIBIT "D" SIGN LOCATION3685 KRAMER DR & 3655 PINE RIDGE RD NAPLES, FLORIDA 34109 COLLIER COUNTY TJE RAGGE PUD N D A T E SHEET TITLE C O M P L E T E D B Y : PROJECT DISCRIPTIONphoenix florida 13180 LIVINGSTON ROAD | SUITE 204 | NAPLES, FLORIDA 34109 PH (239) 596-9111 | FX (239) 596-2637 | WWW.PHOENIX-ASSOCIATES.COM PHOENIX ASSOCIATES OF FLORIDA, INC. HEREBY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS, DESIGNS, ARRANGEMENTS AND IDEAS. THESE IDEAS, PLANS AND DESIGNS ARE NOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION FROM PHOENIX ASSOCIATES OF FLORIDA, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS OF THE JOB. PHOENIX ASSOCIATES OF FLORIDA, INC. SHALL BE NOTIFIED IN WRITING OF ANY VARIATIONS OR DISCREPANCIES FROM THE DIMENSIONS, CONDITIONS AND SPECIFICATIONS SHOWN BY THESE DRAWINGS. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE FLORIDA BUILDING CODE, MOST RECENT ADOPTED EDITION. a s s o c i a t e s o f 7/24/2020 SHEET NUMBER OF1 2 1" = 100' File Name: Prepared By:Date: Eng: Customer: Location: HOME 2 SUITES 193065 - R1 - NAPLES, FL – Note: Color output may not be exact when viewing or printing this drawing. All colors used are PMS or the closest CMYK equivalent. If these colors are incorrect, please provide the correct PMS match and a revision to this drawing will be made.700 21st Street Southwest PO Box 210 Watertown, SD 57201-0210 1 .800.843.9888 • www.personasigns.com DISTRIBUTED BY SIGN UP COMPANY NAPLES, FL NOTE: Elevation drawings are for customer approval only, drawings are not to be used as any installation guide, all dimensions must be verified before installation. 21AUG19 SC CUSTOMER APPROVAL Date APPROVAL BOX - PLEASE INITIAL SHARED MONUMENT2 EXISTING 2’ 7-1/2” X 10’ 0-1/2” PROPOSED GRAPHIC DETAIL SCALE: 1/2” = 1’-0” 32.74428274428274 2’-7 1/2”10’-0 1/2”