HEX Final Decision 2016-29 HEX NO. 2016—29
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160000837 — Bay House Campus LLC requests an insubstantial
change to Ordinance No. 2013-65, the Bay House Campus Commercial Planned Unit
Development, to reduce the minimum distance between principal structures to 10 feet
where both principal structures do not exceed 30 feet in zoned height. The subject property
consisting of 8.67± acres is located northwest of the US 41 and Walkerbilt Road
intersection, in Section 21, Township 48 South,Range 25 East, Collier County, Florida.
DATE OF HEARING: July 28, 2016
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
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:
Staff received no objections to this application. One member attended the hearing to question
transportation issues unrelated to this application.
During the hearing the applicant agreed to add a limitation for actual height and this is
incorporated into the approved language.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160000837, filed by Lindsay
Rodriguez of Waldrop Engineering, P.A. representing Bay House Campus, LLC, with respect to
the property as described in the Bay House Campus CPUD, Ordinance No. 2013-65, for an
insubstantial change to the development standards of Exhibit B of Ordinance No. 2013-65, to
reduce the minimum distance between principal structures to 10 feet where both principal
structures do not exceed 30 feet in zoned height and 35 feet in actual height. Said change is fully
described in the Bay House Campus CPUD amendment attached as Exhibit "A", and is subject
to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—CPUD Amendment
[16-CPS-01542/1270252/1118 1 of 2
LEGAL DESCRIPTION: See Ordinance No. 2013-65, the Bay House Campus CPUD.
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.
ajt °
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
A
C/co
H idi Ashton-Cicko
Managing Assistant County Attorney
[16-CPS-01542/1270252/1}18 2 of 2
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EXHIBIT B
DEVELOPMENT STANDARDS
BAY HOUSE CAMPUS CPUD
Development of the Bay House Campus CPUD shall be in accordance with the contents of this Ordinance and applicable
sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order,
such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work
authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then
the provisions of the most similar district shall apply.
Table I below sets forth the development standards for land uses within the Bay House Campus CPUD. Standards not
specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval
of the SDP or subdivision plat.
TABLE I
DEVELOPMENT STANDARDS
PERMITTED USES AND STANDARDS Principal Structures Accessory Structures
Min. Lot Area N/A N/A
Min. Lot Width N/A N/A
SETBACKS(EXTERNAL)
From US 41 R-O-W 40 ft. 25 ft.
From Walkerbilt Rd. R-O-W 40 ft. 25 ft.
Cocohatchee River 30 ft. 0 ft.
Western Property Line 50 ft. SPS
SETBACKS(INTERNAL)
Internal Access Easements 15' SPS
Side 10' 5'
Rear 15' 10'
Preserves* 0'/25' 0'/10'
Min. Distance Between Structures" 30' 5'
MAXIMUM BUILDING HEIGHT
Zoned 50' 35'
Actual 75' 45'
SPS=Same as Principal Structure
*0' setback is permitted for fences or retaining walls permitted as part of the stormwater management system,
pathways, and other structures allowed within the preserves tract pursuant to Exhibit A and LDC Sec. 3.05.07.H.1.h.iii
**Minimum distance between principal structures shall be 10'feet where both structures do not exceed 30' in zoned
height and 35' in actual height.
* * * * * * * * * * * * * * *
Exhibit"A"
to HEX No. 2016-29
BAY HOUSE CAMPUS—PL20160000837 Page 1 of 1
Last Revised:July 28,2016
Words struck through are deleted, words underlined are added