HEX Final Decision 2016-11 HEX NO. 2016— 11
HEARING EXAMINER DECISION
Petition No. PDI-PL20140000928 - Crystal Lake Property Owner's Association Two, Inc.
requests an insubstantial change to the Crystal Lake Planned Unit Development,
Ordinance No. 84-73 as amended, to increase the size of accessory utility sheds from 100
square feet to 300 square feet and to limit the combined area of accessory utility sheds, and
screened porches to 600 square feet on lots for park trailers, travel trailers, motor homes
and conversion vans. The subject property is located on the east side of Collier Boulevard
in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of
159.0+/- acres.
DATE OF HEARING: April 14, 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:
Several members of the public attended for this item but no opposition was expressed. In
addition staff reported there were no letters or emails received objecting to this application.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140000928, filed by Gina R.
Green, P.E. representing Crystal Lake Property Owner's Association Two, Inc., with respect to
the property as described in the Crystal Lake PUD, Ordinance No. 84-73, as amended, for the
following insubstantial changes:
• to increase the size of accessory utility sheds from 100 square feet to 300 square feet; and
• to limit the combined area of accessory utility sheds and screened porches to 600 square
feet.
Said changes are fully described in the Crystal Lake PUD amendment attached as Exhibit "A",
and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—PUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 84-73, as amended, the Crystal Lake PUD.
{15-CPS-01469/1246016R]106 1 of 2
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.
Date M. k Strain, Hearing Examiner
Approved as to form and legality:
cijuLd‘
Heidi Ashton-Cicko
Managing Assistant County Attorney
[15-CPS-01469/1246016/1]106 2 of2
Exhibit "A"
AMENDMENT TO SECTION 3.5.F ENTITLED "DEVELOPMENT STANDARDS"
OF THE PUD DOCUMENT ATTACHED AS EXHIBIT A TO ORDINANCE NO. 84-73, AS
AMENDED.
Subsection 3.5.F. of the Planned Unit Development, attached as Exhibit "A"to Ordinance No. 84-
73, as amended, is hereby further amended to read as follows (new language is underlined):
1) One thousand (1,000) square feet, exclusive of deck and porches, for HID units, as
defined by section 3.2.B of the PUD document.
2) Four hundred (400) square feet, exclusive of decks and porches, for ANSI A-119.5 units,
as defined by section 3.2.B. of the PUD document.
3) The combined square footage of the enclosed utility/storage structure and the screened
porch shall not exceed six hundred (600) square feet. Notwithstanding the foregoing, the
following conditions shall apply to any enclosed utility/storage structure installed,
constructed, or expanded after April 19, 2016: i) it shall not be used as a place of
business; ii) if trees or vegetation are removed during installation or construction of the
enclosed utility/storage structure, then they shall be replaced with like kind; iii) an
enclosed utility/storage structure may not be used as a dwelling unit or guest house. It
shall not contain a bed or bedroom. Sleeping is prohibited in the enclosed utility/storage
structure and the enclosed utility/storage structure shall not be occupied unless the
principal use as described in Section 3.4.A. of the PUD is present and occupied on the
lot; iv) the height of any enclosed utility/storage structure is limited to one story not to
exceed fifteen (15) feet in actual height; v) notwithstanding the dimensional limitations
stated in section 3.4.B.2 herein, enclosed utility/storage structures shall not exceed three
hundred (300) square feet; and vi) any expansion of an existing enclosed utility/storage
structure shall include the footprint of the existing enclosed utility/storage structure,
except where the existing structure may be non-conforming for any setbacks on the lot.