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HEX Final Decision 2021-28HEX NO. 2021-28 HEARING EXAMINER DECISION DATE OF HEARING. July 8, 2021 PETITION. PETITION No. PL20200001952 - Request for an insubstantial change to the Hammock Park Mixed -Use Planned Unit Development (MPUD), Ordinance No. 04-68, as amended, to allow a temporary off -premises directional sign up to 10 feet in height, 64 square feet in area, and 1,320f feet from the subject McMullen MPUD, Watercrest Assisted Living Facility, to approve deviations increasing the permissible height, size, and distance of said sign, and to update PUD and CPUD references to MPUD, located on 19f acres at the northeast corner of the intersection of Collier Boulevard (CR-951) and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. To amend the Hammock Park Commerce Centre MPUD by allowing a temporary off -premise directional sign, no greater than 64 square feet and 10-foot tall, for the neighboring Watercrest Assisted Living Facility located within the McMullen MPUD; three deviations from the Land Development Code (LDC) are required to allow for the permitting of said sign. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 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 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. Page 1 of 7 5. The Petitioner and/or Petitioner's representative presented the Petition, followed by County staff and then public comment. There were no objections at the public hearing. 6. The applicant conducted a duly advertised NIM on June 28, 2021, at 5:00 P.M., at the Fairway Bible Church located at 3855 The Lords Way, Naples, Florida 34114; the meeting was simultaneously run-on Zoom to satisfy remote participation requirements. The applicant's agent and County staff were in attendance; however, no members of the public were in attendance. The meeting was concluded at 5:15 P.M. 7. The County's Land Development Code Sections 10.02.13.E.1 and 10.02.13.E.2 lists the criteria for an insubstantial change to an approved PUD Ordinance. The Hearing Examiner having the authority of the Planning Commission may approve a request for an insubstantial change to an approved PUD ordinance upon review and evaluation of the criteria in the Collier County Land Development Code.' Section 10.02.13.E.1 Criteria: 1. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? The record from the public hearing reflects no proposed change in the boundary of the PUD. 2. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? The record from the public hearing reflects no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. 3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? The record from the public hearing reflects no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. 4. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? 'The Hearing Examiner's findings are italicized. Page 2 of 7 The record from the public hearing reflects the proposed amendment is to allow an off -site directional sign and to allow for corrections to the MPUD document by changing references from PUD and CPUD to MPUD. 5. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? The record from the public hearing reflects there are no substantial impacts resulting from this amendment. 6. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The record from the public hearing reflects the proposed change is for a temporary directional sign and will not create any additional vehicular generated trips based upon the ITE Trip Generation Manual. 7. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? The record from the public hearing reflects the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. 8. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? The record from the public hearing reflects there will be no incompatible relationships with abutting land uses. 9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? The record from the public hearing reflects this modification is in compliance with the Future Land Use Element of the Growth Management Plan. 10. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 3 80.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Page 3 of 7 The record from the public hearing reflects the Hammock Park Commerce Centre CPUD is not a DRI, so this criterion is not applicable. 11. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? The record from the public hearing reflects the proposed change is not substantial. Section 10.02.13.E.2 Criteria: Does this petition change the analysis of the findings and criteria used for the original application? The record from the public hearing reflects the change proposed does not affect the original analysis, rezone, and PUD findings. 2. The petitioner is seeking three new deviations from the requirements of the LDC which are required to support an amendment to Section 2.6 (Signs) of the MPUD document. The proposed subsection, 5.6.C. reads as follows: The off -premises directional sign for the Watercrest project (AKA McMullen MPUD) shall be no greater than 64 SF and 10' tall. The sign may be located on the property for a maximum of three (3) years from the date of sign permit issuance or until new home/unit sales are completed in accordance with the location shown on Exhibit "A". The record from the public hearing reflects PUD Deviations I thru 3 are not applicable to this petition. a. Proposed Deviation #4: Deviation #4 seeks relief from LDC Section 5.06.04.G.2.a, which allows for a maximum sign area of 12 square feet for off -premises directional signs, to allow for a maximum sign area of 64 square feet for the proposed temporary off -premises directional sign as depicted in Exhibit "A" and referenced by Section 2.6.0 of the MPUD document. The record from the public hearing reflects the purpose of the County's Sign Code is expressed within LDC Section 5.06.OLA to wit: The purpose of this sign code is to provide minimum control of signs necessary to promote the health, safety and general welfare of the citizens of Collier County, Florida, by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight, by preventing signs from reaching Page 4 of 7 such excessive size and numbers that they obscure one another to the detriment of the county, by assuring good and attractive design that will strengthen the county s appearance and economic base, and by preserving the right of free speech and expression in the display of signs. The size of the subject sign (64 square feet) is excessive for the proposed location. The property involved has already been granted LDC deviations to allow for another off - premise directional sign (an entry feature for the Hacienda Lakes community) and is limited to 32 square feet of sign area. Additionally, at the time this application was presented the subject property was undeveloped. Although the property remains undeveloped, preliminary site development plans have since been delivered to the County and are actively engaged in the review process. Said plans are for a mixed -use apartment complex with commercial elements and a 7-Eleven convenience store with fuel pumps. These businesses that front on Collier Boulevard will desire their own signs to promote exposure, the placement for which are limited by the existing off -premise directional sign and entry tower features that have already been approved for the subject location. b. Proposed Deviation #5: Deviation #5 seeks relief from LDC Section 5.06.04.G.2.b, which allows for a maximum sign height of 8 feet for off -premises signs, to allow for a maximum sign height of 10 feet for the proposed off -premises sign as depicted in Exhibit "A" and referenced by Section 2.6.0 of the MPUD document. The record from the public hearing reflects no objection to this deviation as other entry features on this site exceed 10 feet provided that the proposed sign is not also placed on top of a landscape berm which would further elevate the sign. c. Proposed Deviation #6: Deviation #6 seeks relief from LDC Section 5.06.04.G.2.e, which requires off -premises directional signs to be located no more than 1,000 feet from the use for which the sign is displayed, to allow the proposed temporary off -premises directional sign to be located no more than 1,320+/- feet from the use for which the sign is displayed as depicted in Exhibit "A" and referenced by Section 2.6.0 of the MPUD document. The record from the public hearing reflects no objection as to the required increase of distance required to allow the Watercrestfacility to have a directional sign at the requested location. ANAT.VCiQ 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 Page 5 of 7 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-PL20200001952, filed by Alexis Crespo, AICP of Waldrop Engineering, P.A. representing Hammock Park Apartments, LLC, with respect to the property as described in the Hammock Park Commerce Center Mixed - Use Planned Unit Development (MPUD), Ordinance No. 04-68, for the following: • Approve an insubstantial amendment to the Hammock Park Commerce Centre Mixed -Use Planned Unit Development (MPUD), Ordinance No. 04-68, as amended, to allow a temporary off -premise directional sign up to 10 feet in height, 64 square feet in area, 1,320± feet from the McMullen MPUD, Watercrest Assisted Living Facility, to approve deviations increasing the permissible height, size, and distance of said sign, and to update PUD and CPUD references to MPUD. Said changes are fully described in the Proposed PUD Insubstantial Change Documents and Street View of 7-Eleven Hammock Park Parcel attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Proposed PUD Insubstantial Change Documents and Street view of 7-Eleven Hammock Park Parcel. LEGAL DESCRIPTION. See Ordinance No. 04-68, as amended. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. The temporary off -premise directional sign shall be no greater than 10 feet tall and have a sign face area of 32 square feet or less; and 3. The off -premise directional sign may be located on the subject property for a maximum of three years from the date of sign permit issuance, until new home/unit sales are completed for the Watercrest project, or until a building permit is issued for a principal structure on the subject property, whichever occurs first. 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 Page 6 of 7 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. An appeal of this decision shall be done in accordance with applicable ordinances, codes and 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. August 5, 2021 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 7 of 7 EXHIBIT "A" Hammock Park MPUD Amend Ordinance 07-30 AMENDMENT TO THE TABLE OF CONTENTS/LIST OF EXHIBITS PAGE; SECTION VI, REQUESTED DEVIATIONS FROM THE LDC; OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK MPUD The Table of Contents Page of the PUD Document of the Hammock Park MPUD, is hereby amended. The "Project Development," labeled as Section II of the PUD Document of the Hammock Park MPUD is hereby amended. The "Requested Deviations from the LDC," labeled as Section VI of the PUD Document of the Hammock Park MPUD, is hereby amended. The Exhibit D-1, labeled "Off -Premise Directional Signage", attached hereto and incorporated herein, is hereby added to the PUD Document of the Hammock Park MPUD. HAMMOCK PARK MPUD TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description SECTION II Project Development SECTION III Commercial- Mixed Use SECTION IV Preserve Area SECTION V General Development Commitments SECTION VI Requested Deviations from the LDC i LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan EXHIBIT "A-1" Off -Premises Directional Sign Location 1 EXHIBIT "C-1" Tower Locations 2 EXHIBIT "C-2" Tower Renderings 2 EXHIBIT "D-1" Off -Premises Temporary Directional Signage 1. Approved in HEX decision 2014-28. 2. Approved in HEX decision 2016-42. Hammock Park MPUD — PDI-PL20200001952 Last Revised: January 29, 2021 Words underlined are added; words struek thfough are deleted SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Hammock Park MPUD shall be in accordance with the contents of this Document, MPUD - Mixed Use Planned Unit Development District, applicable sections and parts of the LDC and GMP in effect at the time of site development plan approval. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park MPUD shall become part of the regulations that govern the manner in which the MPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this CMPUD remain in full force and effect. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", MPUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of the LDC, as amended, or as otherwise permitted by this MPUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private and semi-public) shall be established and/or vacated within or along the properly, as may be necessary. 2.4 LAND USE Hammock Park MPUD — PDI-PL20200001952 Last Revised: January 29, 2021 Words underlined are added; words struek thfough are deleted A. Exhibit "A", MPUD Master Plan, constitutes the required MPUD Development Plan. Except as otherwise provided within this MPUD Document, any division of the property and the development of the land shall be in compliance with the subdivision regulations and the platting laws of the State of Florida. B. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the LDC, as amended, 15% of the native vegetation on site shall be retained. The exact boundaries of the preserve may vary in order to accommodate final alignment of Rattlesnake Hammock Extension but a minimum of 1.63 acres of native preserve shall be provided for in accordance with the LDC. 2.6 SIGNS Signs shall be in accordance with the LDC, as amended except as provided herein and under Section 6.1. "Sign Deviations."1 A. One (1) off -premises directional sign for the Hacienda Lakes PUD/DRI shall be permitted in the northeast quadrant of the intersection of C.R. 951 and Rattlesnake Hammock Road, as depicted and labeled per Exhibit A-1. This off -premises sign shall be allowed in addition to other signage allowed by the LDC. The off -premises sign shall contain only the name of the overall project and the insignia or motto of the entire development! B. The off -premises directional sign for the Hacienda Lakes PUD/DRI shall be no greater than 13 feet in height, and total square footage of all sign copy areas (name of the project and insignias or mottos) shall not exceed 38 square feet (see Deviations #I and #2 under Section 6.1. "Sign Deviations").' C. The off -premises directional sign for the Watercrest project (AKA McMullen MPUD,) shall be no greater than 64 SF and 10' tall. The sign mqy be located on the property for a maximum of three (3) years from the date of sign permit issuance or until new home/unit sales are completed in accordance with the location shown on Exhibit D-1. 1. Approved in HEX decision 2014-28. Hammock Park MPUD — PDI-PL20200001952 Last Revised: January 29, 2021 Words underlined are added; words struek thfough are deleted SECTION VI1 REQUESTED DEVIATIONS FROM THE LDC' 6.1 DEVIATIONS' A. Deviation #1 seeks relief from LDC Section 5.06.04.G.2.a to allow the off -premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have anaximum of 38 square feet in sign area (total square footage of all sign copy areas, including the name of the project and insignias or mottos), rather than 12 square feet as limited in the LDC.1 B. Deviation #2 seeks relief from LDC Section 5.06.04.G.2.b to allow the off -premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a maximum height of 13 feet above the lowest center grade of the roadway adjacent to the sign location, rather than 8 feet as limited in the LDC.1 C. Deviation #3 seeks relief from LDC Section 4.02.03.A, which requires accessory structures to be constructed simultaneously with or following the construction of the principal structure, to instead allow accessory structures to be constructed prior to construction of the principal structure. This deviation shall apply only to the two (2) accessory tower structures at the location depicted on Exhibit C-1, "Tower Locations," and further shown on Exhibit C-2, "Tower Renderings."2 D. Deviation #4 seeks relief from LDC Section 5.06.04.G.2.a, which allows for a maximum sign area of 12 square feet for off -premises directional signs, to allow for a maximum sign area of 64 square feet for the proposed temporary off -premises directional sign as depicted in Exhibit D-1 and referenced by Section 2.6.0 of the MPUD document. E. Deviation #5 seeks relief from LDC Section 5.06.04.G.2.b, which allows for a maximum sign height of 8 feet for off -premises signs, to allow for a maximum sign height of 10 feet for the proposed off -premises sign as depicted in Exhibit D-1 and referenced by Section 2.6.0 of the MPUD document. F. Deviation #6 seeks relief from LDC Section 5.06.04.G.2.e. which reauires off-Dremises directional signs to be located no more than 1,000 feet from the use for which the sign is displayed, to allow the proposed temporary off -premises directional sign to be located no more than 1,320+/- feet from the use for which the sign is displayed as depicted in Exhibit D-1 and referenced by Section 2.6.0 of the MPUD document. 1. Approved in HEX decision 2014-28. 2. Approved in HEX decision 2016-42. Hammock Park MPUD — PDI-PL20200001952 Last Revised: January 29, 2021 Words underlined are added; words struek thfough are deleted EXHIBIT D-1 NORTH , � I � I I - 'i LII rA fl � I } l CI � VRCPOP,=❑ OFF-FREWL.^,E.S SIGN C: HAMMOCK PARK MMULLEN } * MPUD PUD _ — EXISTI4G TOWER FEATURE — — — 9ATTLE,NAKE-IP.V4+}C{RCA- I _ .r .I .1. `ilk % #�S I�al� _ T'fEa af MI I *y H4TE8: PLAN RENtiIL3H4 REJCC«SUSVI=�>XX'X}L'X% 1- I2--PREMSES OIRECTh7FNL SO4 WILL 6E LOCATED ANINUA M DF 1'_ FEET FRC-Y I-E PROPOM LINE 7. 4=-PREAaE5 CIRE -rHDPL-LFG EN HILLEE LCCATED A MNIMUM OF 19E FEET =R06I _FE EMEFTING TCMER FEATURE. 3. 5!511 IVLL NOT EX:ZM 64 5= IN SIGN =AO£ AREAANO 10 Fz�r IN HEIGHT. aAi vMIOC:K PARK MPUD OFF -PRE Nf I S ES DIRECTIONAL SIGi i EXETLBIT MI PREPAREDFOR: krn{»: 7nw�sllrP RAN(1r. ..x�. t^ w f-<.� MANI I RING CHERRYWOOD POINTE INnST-M=. LLC 14 SUS 5E ". CULLIER O011HT . FLEHRLDA 651.'{]i U �TLF'I'x+x1�7. STi 434 xalw wr, cai+a �nnc . euca� qpDL1S, bV 5MV. FILE NAMF_ 466ME0101 uxlri a s,c,. R lalin F.=iWY.P.=IPHI]IM G NL' �v�rll�rfµa Hammock Park MPUD — PDI-PL20200001952 Last Revised: January 29, 2021 Words underlined are added; words straek thfough are deleted HAMMOCK PARK PDI OFF -PREMISE DIRECTIONAL SIGN MAX. SIGN FACE AREA: 64 SF MAX. SIGN HEIGHT: 10 FEET CONCEPTUAL SIGN FACE CONTENT - FOR ILLUSTRATIVE PURPOSES ONLY k �t � ti .. _ -. x � .tit � � V' ��.� -+R• O-CLale Earth 1 { ram.. 'oft--#. - -I 10ft ■