HEX Final Decision 2016-22 HEX NO. 2016—22
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160000263 — SD San Marino, LLC requests an insubstantial
change to Ordinance No. 2000-10, as amended, the San Marino Planned Unit Development,
to add a traffic development commitment relating to temporary construction access for
Parcel B, to amend a traffic development commitment to reflect the correct permanent
access point location for Parcel B, to amend a deviation to require sidewalks on both sides
of the main entry road of Parcel B, to amend a deviation to allow for a 12-foot tall fence,
wall or berm along the shared boundary with Willow Run PUD to the south, and to amend
the Master Plan for Parcel B to reflect the location of the temporary and permanent access
points, and the reconfigured roadways, lakes and residential areas, for the property located
on the east side of Collier Boulevard, approximately 1.5 miles south of Davis Boulevard, in
Section 11, Township 50 South, Range 26 East, Collier County, Florida, consisting of 235±
acres.
DATE OF HEARING: June 23, 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
should be approved.
ANALYSIS:
Five citizens attended the neighborhood information meeting (NIM). The applicant revised their
proposed changes as a result of the NIM. No correspondence was received in opposition and
there were no members of the public attending this hearing. The advertised title describes
changes relating to a temporary construction access, but those changes were withdrawn prior to
the hearing and therefore were not included in this Decision.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160000263, filed by Alexis
Crespo, AICP, of Waldrop Engineering, representing SD San Marino, LLC, with respect to the
property as described in the San Marino PUD, Ordinance No. 2000-10, as amended, for the
following insubstantial changes:
• to amend a traffic development commitment to reflect the correct permanent access point
location for Parcel B;
[16-CPS-01522/1262649/1]69 1 of 2
• to amend a deviation to require sidewalks on both sides of the main entry road of Parcel
B;
• to amend a deviation to allow for a 12-foot tall combination wall/berm with a maximum
wall height of 8 feet along the shared boundary with Willow Run PUD to the south; and
• to amend the Master Plan for Parcel B to reflect the location of the permanent access
point and the reconfigured roadways, lakes and residential areas.
Said changes are fully described in the San Marino PUD amendment and Site Plan attached as
Exhibit"A", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—PUD Amendment and Site Plan
LEGAL DESCRIPTION: See Ordinance No. 2000-10, as amended, the San Marino PUD.
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.
20/4,0 [Ai C t r
Date Mark Strain, Hearing Examiner
Approv as to fo and legality:
Scott A: Stone
Assistant County Attorney
[16-CPS-01522/1262649/1]69 2 of 2
EXHIBIT "A"
to HEX No. 2016 — 22
San Marino PUD
Amendment to Ordinance No. 2000-10, as amended
The below sections of the San Marino Planned Unit Development, attached as Exhibit A
to Ordinance Nos. 00-10 and 15-30, the San Marino PUD, are hereby amended as attached
hereto and incorporated herein by reference:
• Exhibit B, entitled "PARCEL B PUD MASTER PLAN"
• Section V, entitled "DEVELOPMENT COMMITMENTS"
• Section VI, entitled "DEVIATION FROM THE LDC"
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Exhibit A
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ORIGINAL SUBMITTAL:02/03/16 O
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N PLAN REVISIONS WALDROP
ti z 03/23/16 REVISED PER COUNTY COMMENTS SAN MARINO
04/20/16 REVISED PER COUNTY COMMENTS ENGINEERING
a 05/10/16 REVISED PER COUNTY COMMENTS CLIENT: H&LDVENTURE,L L�'.
® 05/19/16 REVISED PER COUNTY COMMENTS Ll 1V
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Exhibit A
Page 2 of 4
SECTION V
DEVELOPMENT COMMITMENTS
* * * * * * * * * * * * *
5.3 PUD MONITORING
One entity (hereinafter the Managing Entity) shall be responsible for PUD
monitoring until close-out of the PUD, and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the PUD. At the time of this PUD
amendment approval dated June 29 2014, 2016, the Managing Entity is 44
8 LD Venture, LLC SD San Marino, LLC. Should the Managing Entity desire to
transfer the monitoring and commitments to a successor entity, then it must
provide a copy of a legally binding document that needs to be approved for legal
sufficiency by the County Attorney. After such approval, the Managing Entity will
be released of its obligations upon written approval of the transfer by County staff,
and the successor entity shall become the Managing Entity. As Owner and
Developer sell off tracts, the Managing Entity shall provide written notice to County
that includes an acknowledgement of the commitments required by the PUD by
the new owner and the new owner's agreement to comply with the Commitments
through the Managing Entity, but the Managing Entity shall not be relieved of its
responsibility under this Section. When the PUD is closed-out, then the Managing
Entity is no longer responsible for the monitoring and fulfillment of PUD
commitments.
* * * * * * * * * * * * *
5.g5 TRAFFIC
A. The applicant shall install arterial level street lighting at the project
entrances, prior to the granting of any Certificates of Occupancy for the
project.
B. The applicant shall provide, if required by Collier County Transportation
Services, both a northbound right turn lane and a southbound left turn lane
at the project entrances, which shall be constructed during the construction
of the project's access driveways onto County Road 951.
C. A potential vehicular interconnection to the agriculturally zoned property to
the north may be provided if a mutual agreement is reached with the owners
to address coordinated designed, and responsibility for permitting,
construction and maintenance costs, and other applicable access
considerations, including any bridge and turn land improvements. At the
time of subdivision plat for the first phase of development, the developer
must provide staff with documentation of their efforts to establish the
Words underlined are added; works struck through are deleted.
Exhibit A
Page 3of4
interconnection in the form of a certified letter to the adjacent property
owner.
D. The development shall be limited to a maximum of 493 Two-way unadjusted
PM Peak Hour trips.
E. The Owner, its successor, or assign(s) agrees to provide proportionate fair
share payment to Collier County for a traffic signal and appurtenances at
any project entrance, when and if warranted.
F. New driveway connections for the development of Parcel B must align with
- • -- ° - - - - _ - see' - - - •-
Northerly property line the access point shown on the PUD Master Plan for
Parcel B.
Words underlined are added; works struck through are deleted.
Exhibit A
Page 4of4
SECTION VI
DEVIATIONS FROM THE LDC
* * * * * * * * * * * * *
The following deviations are applicable to Parcel B only:
2. Deviation (2) from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway
Requirements, which requires sidewalks which are internal to the development
to be constructed on both sides of local streets, to allow a 6'-wide sidewalk on
one side of the street only for streets with homes on one side of the street, and
_ _ _ _ _' _ _ _ _• _ _ _ ••.'• • • e.:. One canopy tree
(or canopy tree equivalent) shall be provided per 30 linear feet of sidewalk.
Canopy trees located within 10 feet of the sidewalk may count towards a
sidewalk canopy tree. This deviation does not apply to the main entry road
depicted on the PUD Master Plan for Parcel B.
4. Deviation (4) from LDC Section 5.03.02.C, Fences and Walls, which permits a
maximum wall height of 6 feet in residential zoning districts. The requested
deviation is to allow a maximum wall height of 8 feet throughout the development,
and a 12-foot tall masonry or concrete wall, berm, or combination wall/berm along
Collier Blvd., and a 12-foot tall combination wall/berm with a maximum wall height
of 8 feet along the southern boundary line where the RPUD abuts the Willow Run
RPUD.
* * * * * * * * * * * * *
Words underlined are added; works struck through are deleted.