HEX Final Decision 2016-20 OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO: Minutes & Records, Clerk of Courts
FROM: Wanda Rodriguez, ACP /
DATE: June 1, 2016
RF: Hearing Examiner Decision(s) from May 26, 2016.
Attached are the signed HEX decisions from the Hearing Examiner hearing on May 26,
2016.
Attachments: HEX No. 2016 — 17
HEX No. 2016 — 18
HEX No. 2016— 19
HEX No. 2016 — 20
[05-C0A-01253/813782/1 J744
HEX NO. 2016—20
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20150002870 —Petitioner, Toll Bros., Inc. requests an insubstantial
change to Ordinance No. 11-41, as amended, the Hacienda Lakes Mixed Use Planned Unit
Development, to reduce the front yard setback for secondary front yards on single family
detached, zero lot line and two family/duplex corner lots, to increase the minimum distance
between multi family principal structures, and to add four deviations relating to entrance
signs, dead-end streets, and off-street parking, only for the residential development known
as Azure 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: May 26, 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 no objections were received by staff.
One of the requested deviations applies to the positioning of driveway parking for a low density
multi-family product that will function the same as a single family product. This multi-family
product will have a typical garage and driveway arrangement found on most single family
dwellings. For single family and two family units, driveways are typically entered and exited
from the adjoining street whereas multi-family dwellings are usually accessed by parking lots.
Because this multi-family product uses garages and driveways, the applicant requested a
deviation to the code to allow their multi-family units to back out of their driveways; the code
restricts such movements to single and two family units.
In support of their request the applicant created a site plan for single family units in comparison
to the multi-family units. This site accommodates 92 multi-family units; if converted to single
family it would accommodate 72 units. The traffic from 92 multi-family units would produce
559 average daily trips and the traffic from the 72 single family units would produce 776 average
daily trips.
[I 5-CPS-01508/1259526/1]64 1 of 3
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20150002870, filed by Alexis
Crespo of Waldrop Engineering, P.A., representing Toll Brothers, Inc., with respect to the
residential development known as Azure at Hacienda Lakes, for the following insubstantial
changes:
• to reduce the front yard setback for secondary front yards on single family detached, zero
lot line and two family/duplex corner lots;
• to increase the minimum distance between multi-family principal structures; and
• to add four deviations relating to entrance signs, dead-end streets, and off-street parking.
Said changes are fully described in the Hacienda Lakes MPUD amendment attached as Exhibit
"1", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit 1 —MPUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 11-41, as amended, the Hacienda Lakes MPUD.
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.
[15-CPS-01508/1259526/1164 2 of 3
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.
b 1 ^ 20(io G_
Date Mar Strain, Hearing Examiner
Appro as to form nd legality:
Scott A. Stone
Assistant County Attorney
[15-CPS-01508/1259526/1}64 3 of 3
Exhibit "1"
Page 1 of
EXHIBIT "1"
to HEX No. 2016 - 20
Hacienda Lakes MPUD
Amendment to Ordinance No. 11-41, as amended by HEX Nos. 14-18 & 15-06
The below sections of the Hacienda Lakes Mixed Use Planned Unit Development,
attached as Exhibits A through G to Ordinance No. 11-41, as amended,the Hacienda Lakes
MPUD, are hereby amended as attached hereto and incorporated herein by reference, and
specifically pertain only to the residential development known as Azure at Hacienda Lakes:
• amending Exhibit B, entitled "DEVELOPMENT STANDARDS,"Table I—Residential
Development Standards
• adding Exhibit B-2, entitled"AZURE AT HACIENDA LAKES PROJECT LOCATION
MAP"
• amending Exhibit E, entitled"LIST OF REQUESTED DEVIATIONS FROM LDC"
• adding Exhibit E-3, including Sheet 1 of 3, entitled"PRIMARY ENTRY SIGN PLAN
AND ELEVATION;" Sheet 2 of 3, entitled"LOCATION MAP;" and Sheet 3 of 3,
entitled"SIGN LOCATION MAP"
a�lll► � � s
Exhibit "1"
Page 2 of 7
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 and the Azure at Hacienda Lakes property,as depicted on Exhibit B-2,attached hereto.At 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.
6) Minimum distance between principal structures for multi-family dwellings shall be 20 feet for multi-family
buildings where both buildings have a zoned height less than 35 feet,or 1/2 SBH for multi-family buildings
exceeding 35 feet in zoned height, only for multi-family buildings within Azure at Hacienda Lakes, as
depicted on Exhibit B-2,attached hereto.
Hacienda Lakes MPUD Words struck t Freugh are deleted;
Last Revised:May 25,2016 Words underlined are added
— err
Exhibit "1"
Page 3 of 7
EXHIBIT B-2
AZURE AT HACIENDA LAKES
PROJECT LOCATION MAP
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Exhibit "1"
Page 4 of 7
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
* * * * * * * * * * * * *
Deviation#10 seeks relief from LDC Section 5.06.02.B.6,which allows for a maximum height of 8 feet for
residential entry signs,to allow for a maximum sign height of 10 feet for residential entry signage at Azure
at Hacienda Lakes as depicted on Exhibit E-3,Azure at Hacienda Lakes Primary Sign Plan Elevation Exhibit,
Sheet 1 of 3, attached hereto.
Deviation#11 seeks relief from LDC Section 5.06.02.B.6.b,which permits two(2)ground or wall signs per
entrance to the development with a combined sign area of 64 square feet,to allow for one(1)total ground
or wall sign with a maximum sign area of 80 square feet at the entrance to the Azure at Hacienda Lakes
as depicted on Exhibit E-3, Azure at Hacienda Lakes Primary Sign Plan Elevation Exhibit, Sheet 1 of 3,
attached hereto.
Deviation#12 seeks relief from LDC Section 6.06.01.J,which prohibits dead-end streets,to allow one(1)
dead-end street at the terminus of a local street within the Azure at Hacienda Lakes residential
development,as depicted on Exhibit E-3,Sign Location Map,Sheet 3 of 3,attached hereto.
Deviation #13 seeks relief from LDC Section 4.05.02.F, which requires that off-street parking must be
arranged so that no motor vehicles have to back onto any street, excluding single-family and two-family
residential dwellings and churches,to allow for back out parking from the proposed off-street parking for
multi-family dwellings within the Azure at Hacienda Lakes residential development,as depicted on Exhibit
B-2,attached hereto.
Azure at Hacienda Lakes PDI Words struc-k-tnfet►gh are deleted; Page 1 of 1
Last Revised:May 25,2016 Words underlined are added
Exhibit "1"
Page5of7
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