HEX Final Decision 2016-03 HEX NO. 2016 - 03
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20150001593 — Naples Associates V, LLLP requests an
insubstantial change to Ordinance No. 14-10, the Temple Citrus Grove Residential Planned
Unit Development, to reduce rear yard accessory setbacks for screen enclosures on single
family waterfront lots from three feet to zero feet. The subject property consisting of
132.68± acres is located between Airport-Pulling Road (C.R. 31) and Livingston Road,
south of the First Baptist Church of Naples PUD, in Sections 1 and 12, Township 49 South,
Range 25 East, Collier County, Florida.
DATE OF HEARING: January 28, 2016
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.
ANALYSIS:
Other than representatives of the applicant, there were no members of the public in
attendance for this item and there were no objections received by staff
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20150001593 filed by Robert
L. Duane, AICP of Robert L. Duane & Associates representing Naples Associates V, LLLP with
respect to the property as described in the Temple Citrus Grove RPUD, Ordinance Number 14-
10, for the following insubstantial change:
• to reduce rear yard accessory setbacks for screen enclosures on single-family
waterfront lots from three feet to zero feet.
Said changes are fully described in the Temple Grove RPUD insubstantial change attached as
Exhibit"A", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—RPUD Insubstantial Change
LEGAL DESCRIPTION: See Ordinance No. 14-10, the Temple Citrus Grove RPUD.
[15-CPS-01470/1236587/1] 77 1 of2
CONDITIONS:
1. 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 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.
- 9, -ao ki d
ti
Date Mar I Strain, Hearing Examiner
Appr ed as to f6r and legality:
Scott one
Assistant County Attorney
[15-CPS-01470/1236587/1] 77 2 of 2
EXHIBIT B
DEVELOPMENT STANDARDS/TEMPLE CITRUS RPUD
A.
PERMITTED USES AND Single- Single Tw
Two Family 1 Guard Recreation
STANDARDS Family Family— and Duplex Gate
Detached Zero Lot (R) House Site(RS)
(R) Line(R) (ROWs)
Minimum Lot Area 5,000 SF" 4,000 SF" 3,500SF9,2 N/A 1 acre
Minimum Lot Width 50' 40' 35' N/A 100'
Minimum Lot Depth 100' 100' 100' N/A 100'
Front Yard Setbacks 15'" 15' 15'' *4N/A 25'
Front Yard Accessory Setbacks 18' 18' 20' '4N/A 10'
Side Yard Setbacks,Principal and 6' 0' or 10 0' or 5' ' "N/A 10'
Accessory
Rear Yard Setbacks
" N/A
Non Open Space Lots 15' 15' 15'
10'
Rear Yard Setbacks- *4 N/A
Open Space Lots=*5 10' 10' 10' 10'
IRear Yard Accessory setbacks Non 5' 5' 5' *4 N/A 10'
I Open Space Lots
1 Rear Yard Accessory setbacks - 3' 3' 3' " N/A 10'
Open Space Lots *5
Rear Yard Accessory setbacks - 0 0 3' N/A N/A
for Screen Enclosures on Water
Front Lots Abutting Lake
Maintenance Easement Tract*s
Maximum Building Height 2 stories 2 stories 2 stories 2 stories
not to not to not to not to
exceed exceed exceed exceed
Zoned 30' 30' 30' 30' 35'
Actual I 40'" 40'" 40'2 40' 50'
Distance Between Principal&
Accessory Structures 0' 0' 0' N/A 10'
Distance Between Principal 12' 0' or 10' 10' N/A 10'
Structures
Floor Area Minimum 1,500 SF 1,500 SF 1,500 SF N/A N/A
Setback from Tract Boundary N/A N/A N/A N/A 25'
Page 1 of 3
Temple Citrus RPUD—PL 20120001593
Insubstantial Change.Ordnance 14-10
Sections l&12.Township 49 South Range 25 East.
Naples FL 11109,FL,Collier County
Revision Date:12 10 2015
Words kungkilienitsh arc deleted;words underlined are added, All distances arc in feel unless otherwise noted..*.Indicate break in pages.
Exhibit A
—.
Page 1 of 9.—
•
*l SF refers to square feet. All other measurements are in linear feet.
*2 3,500 SF of lot area per dwelling unit for Two Family and Duplex.
*3 Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line.
B. If the parcel is served by a private road, setback is measured from the back of sidewalk. If there is no
sidewalk, the setback is measured from the back of curb of the private road.
C. If the parcel has private road frontage on two sides, the setback is measured from the side with the
shortest frontage with the other frontage designated as a side yard. In no instance shall the principal
structure be located within 10 feet of the road right of way line.
D. The garage door must be setback a minimum of 23 feet for front-entry garages(from back of sidewalk or
from back of curb, if no sidewalk)and 15 fbuLforxide entry garages(from back of sidewalk or from back
of curb, if no sidewalk).
*4 Minimum 5' from road edge of pavement if no curb or back of curb for internal roadways only.
*5 For purposes of establishing the principal and/or accessory use rear yard setbacks established in Exhibit B: (1)
"Rear Yard Setbacks Open Space Lotu" and "Rear Yard Accessory setbacks—Open Space Lots"shall apply to
that portion of the rear lot line that abuts a landscape buffer tract, water management/lake tract,and/or open space
tract provided the abutting landscape buffer tract, water management/lake tract, and/or open space tract is a
minimum of seven (7) feet in width or greater; (2) "Rear Yard Setback Non Open Space Lots" and "Rear Yard
Accessory setback Non Open Space Lots" shall apply to that portion of the rear lot line that abuts another
residential lot line or abuts a landscape buffer tract,water management/lake tract(s),andlor open space tract that is
less than seven (7) feet in width. However, Rear Yard Accessory setbacks for screen enclosures on single
famil waterfront lots ma be"zero" feet. See Exhibit B.Develo ment Standards Table . Landscape buffer
easements and lake maintenance easements shall be separately platted.
*6 Where the zero(0)foot side yard setback option is utilized,the opposite side yard setback, from the property line
to the structure, shall be a minimum of five (5) feet. In no instance shall principal structures be separated by less
than 10 feet.
*7 Building height shall be limited to one story and unit type shall be restricted to either Single Family Detached or
Single Family - Zero Lot Line within one hundred and fifty (150) feet of the Manchester Square RPUD. The
height for the one story structures are set forth on the Development Standards Table (30) feet Actual, and (40)feet
zoned height.
Page%o[3
T^m»|v Citrus mPUn–r1.zo/zoo 1593
/"mm"*"/Change.Ordinance 14-10
Sections 1&I2 Township 49 South Range oust
Naples FL 34109.EL,Collier County
Date: -1-2015 °"�""�"a�" added. ^xo�"=�"�au�"�"="m"".�"m"�~~*o�"���uvwx�
����w=�*��� underlined
Exhibit A
Page �2- of ]