HEX Final Decision 2014-22 HEX NO. 2014—22
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140001133 — G.L. 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 allow windows on the zero lot line
side yard of residential dwelling units. 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: August 14, 2014
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 have been met and the petition
should be approved.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140001133, filed on behalf
of G.L. Homes of Naples Associates II, Ltd. by Robert L. Duane, AICP, with respect to the
property as described in the Terafina PUD, Ordinance No. 04-15, as amended, for the following
insubstantial change:
• to revise Section 6.5, Table 1, Development Standards, and add Section 6.6 E, Deviations,
to allow windows on the Zero Lot Line yard side of residential dwelling units.
Said change is 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.
[14-CPS-01331/1106891/1]35 1 oft
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.
Date Mark Strain, earing Examiner
Approv;. as to form and legality:
Scott • . Stone
Assistant County Attorney
[14-CPS-01331/1106891/1135 2 of2
EXHIBIT "A"
Page 1 of 2
AMENDMENTS TO SECTION VI OF THE DOCUMENT
Section VI, entitled "Permitted Uses and Dimensional Standards for Residential Development" of
the PUD document attached to Ordinance 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
0 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.(1) d.u.
Minimum Lot Width(2) 50 35 45 30 100
Front Yard Setback 20(4)(6) 15(4) 15(4) 20(4) 20(4)
(Principal and Accessory Uses)
Side Yard Setback 6.0(6) 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
All distances are in feet unless otherwise noted. BH=Building Height
[14-CPS-01331/1110090/1p9 1
PUD INSUBSTANTIAL CHANGES
Insubstantial Changes Riverstone/Terafina PUD
Revision Date:August 14,2014
Words underlined are added;words stnislE-thfeugh are deleted;
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EXHIBIT "A"
Page 2 of 2
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.
7. See also Deviation 1,pertaining to Design Standards for Clustering Zero Lot Line dwellings.
*******
E. Deviations:
1. Deviation #1 seeks relieffrom LDC Section 4.02.04 D.1, which prohibits doors or windows
on the zero lot line portion of a dwelling unit in a cluster development where such wall is
contiguous to an adjoining lot line, to allow windows, but not doors, on the zero lot line
portion of the dwelling unit.
[14-CPS-01331/1110090/1p9 2
PUD INSUBSTANTIAL CHANGES
Insubstantial Changes Riverstone/Terafina PUD
Revision Date:August 14,2014
Words underlined are added;words struck-through are deleted;
***indicates break in pages