HEX Final Decision 2015-06 HEX NO. 2015—06
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140002801 — Petitioner, Taylor Morrison of Florida, Inc.,
requests an insubstantial change to Ordinance No. 11-41, the Hacienda Lakes Mixed Use
Planned Unit Development, to reduce the front yard setback for secondary front yards on
residential corner lots from 20 feet to 10 feet for the residential development known as
Esplanade at Hacienda Lakes. The subject property is located approximately one-half mile
east of the intersection of Collier Boulevard (CR 951) and Rattlesnake Hammock Road
(CR 864) in Section 23, Township 50 South, Range 26 East, in Collier County, Florida.
DATE OF HEARING: February 26, 2015.
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 has been met and the petition is
approved.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140002801, filed by Alexis
Crespo, AICP of Waldrop Engineering, P.A., representing Taylor Morrison of Florida, Inc., with
respect to the property as described in the attached Exhibit A, for an insubstantial change to
reduce the front yard setback for secondary front yards on residential corner lots from 20 feet to
10 feet for the residential development known as Esplanade at Hacienda Lakes. Said change is
fully described in the Hacienda Lakes MPUD amendment attached as Exhibit B, and is subject to
the conditions set forth below.
ATTACHMENTS: Exhibit A—Esplanade at Hacienda Lakes legal description
Exhibit B —Hacienda Lakes MPUD amendment
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
1. This insubstantial change is only applicable to residential lots within the Esplanade at
Hacienda Lakes development.
2. Limited to secondary front yards on corner lots only. Secondary front yards are those
that do not contain the driveway/vehicular access to the garage, dwelling unit or lot.
[15-CPS-01405/1150948/1]27 1 of 2
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.
c IA
Date Mark Strain, Hearing Examiner
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
US-CPS-01405/1150948/1127 2 of 2
OR 4938 PG 2435
Exhibit"A"
HACIENDA LAKES OF NAPLES
TRACT A
A TRACT OR PARCEL OF LAND SITUATED IN SECTION 23,TOWNSHIP 50 SOUTH,
RANGE 26 EAST,COLLIER COUNTY,FLORIDA,BEING BOUNDED AND DESCRIBED
AS FOLLOWS:
COMMENCING AT THE 4 INCH SQUARE CONCRETE MONUMENT REFERENCED IN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED CORNER
RECORD NUMBER 84343 MARKING THE EAST ONE QUARTER CORNER OF SECTION
23,TOWNSHIP 50 SOUTH,RANGE 26 EAST;
THENCE ALONG THE EAST-WEST ONE QUARTER SECTION LINE OF SAID SECTION
23,SAID LINE BEING THE BASIS 0. 'je IS DESCRIPTION,
S.89°01'58"W.,FOR 30.03 FEET T�P' ON 15° RE WESTERLY RIGHT OF
WAY LINE OF BENFIELD RO 1 •■ P THE POINT OF G I ING OF THE HEREIN
DESCRIBED PARCEL; 'la_ '~--•--
THENCE CONTINUING • CO; `•• r • P r • : W AR! R SECTION LINE,
S.89°01'58"W.,FOR 1,298.4 .J: 1 1;i ` '•oN ' • it ' MN; CAP LB 6990
MARKING THE NORTHEA T'"aORNER OF THE 4,41R ' ' :�' •NE QUARTER OF THE
SOUTHEAST ONE QUARTS '' AID SECTION fit, . 1. • ' ALONG THE EAST,
SOUTH AND WEST LINES OF ttli ORTHEAST 0 047 TER OF THE
NORTHWEST ONE QUARTER 0 =`A li ! N.1- rf `• ►' QUARTER THE
FOLLOWING THREE(3)COURSES: 1E-1, C III- "
1. THENCE S.01°18'52"W.,FOR 679.65 FEET TO A 5/8"IRON ROD WITH CAP LB 6990
MARKING THE SOUTHEAST CORNER OF SAID NORTHWEST ONE QUARTER;
2. THENCE S.89°22'00"W.,FOR 663.28 FEET TO A 5/8"IRON ROD WITH CAP LB 6990
MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST ONE QUARTER;
3. THENCE N.01°14'38"E.,FOR 675.75 FEET TO A 5/8" IRON ROD WITH CAP LB 6990
MARKING THE NORTHWEST CORNER OF SAID NORTHWEST ONE QUARTER AND A
POINT ON SAID EAST-WEST ONE QUARTER SECTION LINE;
THENCE ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S.89°01'58"W.,
FOR 664.25 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE CENTER OF
SAID SECTION 23;
THENCE CONTINUING ALONG SAID EAST-WEST ONE QUARTER SECTION LINE
S.89°01'58"W.,FOR 627.16 FEET TO A 5/8"IRON ROD MARKING THE SOUTHWEST
CORNER OF THE EAST ONE HALF OF THE EAST ONE HALF OF THE NORTHWEST
ONE QUARTER OF SAID SECTION 23;
THENCE ALONG THE WEST LINE OF SAID EAST HALF N.01°01'15"E.,FOR 1,699.99
FEET TO A 5/8"IRON ROD;
THENCE S.88°58'45"E.,FOR 445.48 FEET;
OR 4938 PG 2436
THENCE N.01°01'15"E.,FOR 400.00 FEET;
THENCE S.88°58'45"E.,FOR 151.77 FEET;
THENCE N.01°01'15"E.,FOR 457.04 FEET TO A POINT ON THE FUTURE SOUTHERLY
RIGHT OF WAY LINE FOR RATTLESNAKE HAMMOCK ROAD EXTENSION AND A
POINT ON A CURVE;
THENCE ALONG SAID FUTURE SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING
SIX(6)COURSES:
1. THENCE EASTERLY 268.58 FEET ALONG THE ARC OF A NON-TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 949.00 FEET THROUGH A CENTRAL
ANGLE OF 16°1T55"AND BEING SUBTENDED BY A CHORD WHICH BEARS
N.82°44'27"E. FOR 267.68 FEET TO A POINT OF REVERSE CURVATURE;
2. THENCE EASTERLY 297.08 FEET ALONG THE ARC OF A REVERSE CURVE TO
THE RIGHT HAVING A RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF
28°22'07"AND BEING SUBTENDED BY A CHORD WHICH BEARS N.88°49'03"E.FOR
294.05 FEET TO A POINT OF COMP e r • 0V, #; z• •l: ;
3. THENCE EASTERLY 211.21 PO,..... • G •T'�` A COMPOUND CURVE TO
THE RIGHT HAVING A RAD A 9 1,040.00 FEET �T U 9 A CENTRAL ANGLE OF
11°38'09"AND BEING SUB ► P,. :_ - : '-0 ' C` B: • ' S.71°10'49"E.FOR
210.84 FEET TO A POINT •i ' A- ' k---Ai
rk�
4. THENCE EASTERLY 54•.8' `'1 • • �� � • ' VERSE CURVE TO
THE LEFT HAVING A ' • : '• ' L ,O�1T`+ '` G"�•A ENTRAL ANGLE OF
27°00'44"AND BEING SUB ► 'ED BY A CHO' C =; • 'S S.78°52'07"E. FOR
541.84 FEET; 4. Q
5. THENCE N.87°37'31"E.,FO Cram FEET TO A PO P; • URVATURE;
6. THENCE SOUTHEASTERLY ' '+N a • • 'C OF A TANGENTIAL
CURVE TO THE RIGHT HAVING A v,I 4'' t)I is :i FEET THROUGH A CENTRAL
ANGLE OF 90°57'22"AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.46°53'48"E.FOR 71.30 FEET TO A POINT ON THE FUTURE WESTERLY RIGHT OF
WAY LINE OF BENFIELD ROAD AND A POINT OF REVERSE CURVATURE;
THENCE ALONG SAID FUTURE WESTERLY RIGHT OF WAY LINE THE FOLLOWING
FOUR(4)COURSES:
1. THENCE SOUTHEASTERLY 955.48 FEET ALONG THE ARC OF A REVERSE CURVE
TO THE LEFT HAVING A RADIUS OF 1,160.00 FEET THROUGH A CENTRAL ANGLE
OF 47°11'39"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.25°00'56"E.
FOR 928.70 FEET;
2. THENCE S.48°36'46"E.,FOR 641.57 FEET TO A POINT OF CURVATURE;
3. THENCE SOUTHEASTERLY 909.05 FEET ALONG THE ARC OF A TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 1,040.00 FEET THROUGH A CENTRAL
ANGLE OF 50°04'53"AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.23°34'19"E.FOR 880.38 FEET;
4. THENCE S.01°28'07"W.,FOR 239.01 FEET TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN.
Exhibit B
Page 1 of 3
Hacienda Lakes MPUD
Amend Ordinance 11-41
The "Table I Residential Development Standards," under Exhibit B,
"Development Standards"of the PUD Document attached to Ordinance No. 11-41, the
Hacienda Lakes MPUD, is hereby amended as attached hereto and incorporated by
reference herein.
Exhibit B-1, "Esplanade at Hacienda Lakes Project Location Map,"attached
hereto and incorporated by reference herein, is hereby added to the PUD Document attached
to Ordinance No. 11-41, the Hacienda Lakes MPUD.
Exhibit B
Page 2 of 3
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
*****************
General application of setbacks: Front yard setbacks shall comply with the following:
i. If the parcel is served by a public or private road right-of-way, the setback is measured from the
adjacent right-of-way line.
ii. If the parcel is served by a non-platted private drive, the setback is measured from the back of
curb or edge of pavement.
iii. For corner lots, only one (1) front yard setback shall be required. The yard that does not contain
the driveway/vehicular access to the residence shall provide 10' setback. This setback applies
only to single family detached, zero lot line, and two family/duplex dwelling types with a
maximum zoned building height of 35' within the Esplanade at Hacienda Lakes property, as
depicted on Exhibit B-1, attached hereto. At the time of platting, intersections subject to the
secondary front yard setback shall demonstrate compliance with sight distance triangles as set
forth in LDC Section 6.06.05
Notes:
1) Structures adjacent to a lake may have no setback from the lake maintenance easement.
2) Entrance features (i.e.: guard house, clock towers and colonnades) are limited in height to no greater than
35 feet in actual height.
3) Two or three story multi-family structures may have terraced setbacks. Terraced setbacks shall be
measured from the ground floor exterior wall, as long as a minimum 15-foot building wall setback is
provided as depicted in Figure 1 below.
4) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk
closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth must be
provided perpendicular to the sidewalk to prevent vehicles being parked across a portion, or all of the
referenced sidewalk.
5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida Power
and Light easement.
Hacienda Lakes MPUD Words struck through are deleted;
Last Revised: March 5, 2015 Words underlined are added
B_1 Exhibit B
ESPLANADE AT HACIENDA LAKES Page 3 of 3
PROJECT LOCATION MAP
NORTH
frifr11 e
-----1 MOM i ------.4----„...------ ,
D
• 'PROJECT 16 -DRI -*47
SITE ,, BOUNDARY,
7.]
s.'
P
r
gliNa: ----
1111 .' ,,,,,�_ 2t".'":"...L..... 30 24)
1 . t'LJ 0
q‘1( 1 /7- _1 .1