HEX Final Decision 2014-10 HEX NO. 2014— 10
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20130001849 — GL Homes of Naples Associates II, Ltd. is
requesting an insubstantial change to Ordinance No. 04-15, as amended, the Terafina
Planned Unit Development also known as Riverstone to reduce side yard setbacks on
corner lots for detached single family dwelling units and adding a 32 square foot sign in the
Recreation Center/Neighborhood Village Commercial Center. The subject property is
located approximately one mile north of Immokalee Road (CR 846), east of the Quail
Creek subdivision and north of the Old Cypress PUD in Section 16, Township 48 south,
Range 26 east, Collier County, Florida consisting of 637± acres.
DATE OF HEARING: April 24, 2014
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition,testimony at the hearing of the applicant and the public,
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.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20130001849, filed on behalf
of G.L. Homes of Naples Associates II, Ltd. by Robert L. Duane, AICP, and R. Bruce Anderson,
Esq., with respect to the property as described in the Terafina PUD, Ordinance No. 04-15, as
amended, for the following insubstantial changes:
• to revise Section 6.5, Development Standards for Residential Areas, to reduce front yard
setbacks on corner lots for detached single family dwelling units; and
• to revise Section 7.4, Development Standards, to add a sign deviation allowing an
additional 32 square foot sign in the Recreation Center/Neighborhood Village
Commercial Center.
Said changes are fully described in the Terafina PUD amendment attached as Exhibit A.
ATTACHMENTS: Exhibit A—PUD Amendment
LEGAL DESCRIPTION: All of Section 16, Township 48 South, Range 26 East, Collier
County, Florida, less and except the Westerly 80 feet thereof.
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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, Collier County. 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.
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Date Mar Strain, Hearing Examiner
Approved as to form and legality:
NIL A �..
Heidi Ashton-Cicko
Managing Assistant County Attorney
13-CPS-01270/19
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AMENDMENTS TO SECTION 6.5, TABLE 1, DEVELOPMENT STANDARDS FOR
RESIDENTIAL AREAS
Section 6.5, Table 1, entitled "Development Standards for Residential Areas" of Ordinance
Number 04-15 as amended, the Terafina PUD, is hereby amended to read as follows:
6.5 Development Standards
TABLE 1
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMITTED USES AND SINGLE ZERO TWO SINGLE MULTI-
STANDARDS FAMILY LOT FAMILY FAMILY FAMILY
DETACHED LINE AND ATTACHED DWELLING
DUPLEX AND
TOWNHOUSE
Minimum Lot Areas 6,000 S.F. 3,500 3,500 3,000 S.F per 1 AC
S.F. S.F.(I) d.u.
Minimum Lot Width(�) 50 35 45 30 100
Front Yard Setback 20(4)f 15(4) 15(4) 20(4) 20(4)
(Principal and Accessory Uses)
Side Yard Setback 6.0/ 0 or 10 0 or 6 0 or 12 .5 BH
Rear Yard Setback: 20 20 20 20 25
Principal
-Lots back to back
Rear Yard Setback: 10 10 10 10 15
Principal-
Lots abutting lakes easement areas and
common open space areas
Rear Yard Setback: 10 10 10 10 10
Accessory Structures
Rear Yard Setback: 5 5 5 5 5
Accessory Pools and Spas(5)-
—lots back to back
Rear Yard Setback: 3 3 3 3 3
Accessory Screen enclosures
—lots back to back
Rear Yard Setback: 3 3 3 3 3
Accessory Pools and Spas(5)
—lots abutting lakes easement areas and
common open space areas ,
Rear Yard Setback: 0 0 0 0 0
Accessory Screen enclosures
—lots abutting lakes easement areas and
common open space areas
Maximum Zoned Building Height 35 35 35 35 35
Maximum Actual Building Height 38 38 38 38 38
Distance Between Structures N/A N/A N/A 10 .5 BH
Floor Area Minimum.(S.F.) 1600 1400 1200 1200 1200
Preserve Area Setback: 25 25 25 25 25
Principal Structures
Preserve Area Setback: 10 10 10 10 10
Accessory Structures
PUD ORDINANCES CHANGES 7
PL20130001849,Planned Unit Development 1
Insubstantial Change Riverstone/feraliina PUD
Property Rezoning Application 72640030484, Words underlined are added',words sbaektiveugh are deleted,
Revision Date Feb.07,2014 .•.indicates break in pages
Exhibit A r
Page 1 of ._:--
Notes:
1. Each half of a duplex, unit requires a lot area allocation of thirty-five hundred (3,500) square feet
for a total minimum lot area of seven thousand(7,000) square feet.
2. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on
curvilinear streets provided the minimum lot area is still maintained.
3. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ten
(10)foot side yard.
4. Setbacks shall be measured from the back of the sidewalk to the face of the garage door and shall
be no less than 23 feet. Should the garage door be side loaded, there shall be a 23 foot wide paved,
cleared area on a perpendicular plane to the garage door or plans shall ensure that parked vehicles
will not interfere with pedestrian traffic.
5. All development lots/units shall meet the LDC standards for minimum landscape and buffers.
6. A corner lot shall be defined as a lot wherein two yards directly abut road right-of-way.
The front setback of a corner lot shall be measured from the side with the shortest roadway
frontage and the other side with road frontage shall be designated as a side yard. The
minimum front setback on a corner lot shall be 15 feet.
AMENDMENT TO SECTION VII PERMITTED USES AND DIMENSIONAL STANDARDS FOR
RECREATION CENTER/NEIGHBORHOOD VILLAGE CENTER COMMERCIAL USES.
Section 7.4. Development Standards Section VII Permitted Uses and Dimensional Standards for
Recreation Center/Neighborhood Village Commercial Center uses are hereby amended as follows:
G. The requirements for the Recreation Center/Neighborhood Village Commercial Center Component
of the PUD pertaining to signs are set out as follows:
*******
9. Signs. A unified sign plan shall be submitted and made a part of the approval for the Recreation
Center/ Neighborhood Village Commercial Center Site Development Plan. The approved unified
sign plan will establish signage specifications and will therefore become the sign regulations that
will apply to the Recreation Center/Neighborhood Village Commercial Center. The unified sign
plan shall adhere to Section 2 8 3 6 2 ' of the LDC, except that pole signs are prohibited_Signs
shall be designed so that their size and location are pedestrian oriented.
a. Sign Deviation No. 1. Seeks relief from LDC Section 5.06.02.B.6.b On Premise Signs in
Residential Districts which allows a ground or monument sign at each project entrance not to
exceed a combined area of 64 square feet or two signs of 32 square feet,to allow one additional
Sign up to 32 square feet in the Recreation Center/Neighborhood Village Commercial Center
that is not located at the entrance of the PUD. (See PUD Master Plan and the attached sign
detail).
PUD ORDINANCES CHANGES
PL20130001849,Planned Unit Development
Insubstantial Change Riverstone/Te�na PUD
Property Rezoning Application 72640030484, Words underlined are added;words straak-through are deleted;
Revision Date Feb.07,2014 "'indicates break in pages
Exhibit A
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PUD ORDINANCES CHANGES
PL20130001549,Planned Unit Development
Insubstantial Change Riverstone/Temfina PUD
Property Rezoning Application 72640030484, Words underlined are added;words are deleted;
Revision Date Feb.07.2014 ***indicates break in pages
Exhibit A
Page of 3