HEX Final Decision 2016-30 HEX NO. 2016—30
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20150000425 — Petitioner, The Salvation Army, requests an
insubstantial change to Ordinance No. 2001-65, as amended, the Salvation Army PUD, to
reduce the minimum side and rear yard setbacks for the Residential/Community Facility
Areas tract along the south PUD boundary, and the minimum side yard setback along the
shared boundary with the Residential/Community Facility Areas tract; to reduce the
minimum landscape buffer for the Residential/Community Facility Areas tract along the
south PUD boundary and along the shared boundary with the Commercial Areas tract; to
reduce the minimum side yard setback for the Commercial Areas tract along the south
PUD boundary and along the shared boundary with the Residential/Community Facility
Areas tract; to reduce the minimum landscape buffer for the Commercial Areas tract
along the north and south PUD boundaries and along the shared boundary with the
Residential/Community Facility Areas tract; and to amend the PUD Master Site Plan to
reflect the proposed changes and the current site layout/conditions. The subject property
consists of 6.51± acres, and is located on the south side of Estey Avenue, just west of
Airport-Pulling Road, in Section 2, Township 50 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:
No objections were received by staff and no members of the public, other than the applicant's
representatives, attended the hearing regarding this matter. A neighborhood information meeting
was held and no members of the public attended.
This item was originally heard at the July 14, 2016 HEX meeting and continued to the July 28,
2016 meeting in order for the applicant to make changes requested by the Hearing Examiner.
Numerous issues were clarified on the master plan and in the text submitted for this PDI, all
reflected on the attached exhibit.
[15-CPS-01492/1268993/1] 93 1 of 3
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20150000425, filed by
Frederick E. Hood, AICP of Davidson Engineering, Inc. representing The Salvation Army, with
respect to the property as described in the Salvation Army PUD, Ordinance No. 2001-65, for the
following insubstantial changes:
• to reduce the minimum side and rear yard setbacks for the Residential/Community
Facility Areas tract along the south PUD boundary, and the minimum side yard setback
along the shared boundary with the Residential/Community Facility Areas tract;
• to reduce the minimum fence requirement for the Residential/Community Facility Areas
tract along the shared boundary with the Commercial Areas tract, and along the south
and east PUD boundaries;
• to reduce the minimum landscape buffer for the Residential/Community Facility Areas
tract along the south PUD boundary and along the shared boundary with the Commercial
Areas tract;
• to reduce the minimum side yard setback for the Commercial Areas tract along the south
PUD boundary and along the shared boundary with the Residential/Community Facility
Areas tract;
• to reduce the minimum landscape buffer for the Commercial Areas tract along the north
and south PUD boundaries and along the shared boundary with the
Residential/Community Facility Areas tract; and
• to amend the PUD Master Site Plan to reflect the proposed changes and the current site
layout/conditions.
Said changes are fully described in the Salvation Army PUD Amendment and Master Plan
attached as Exhibit"A", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—PUD Amendment and Master Plan
LEGAL DESCRIPTION: See Ordinance No. 2001-65, the Salvation Army 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.
[15-CPS-01492/1268993/1] 93 2 of 3
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.
A n
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Date Mar Strain, Hearing Examiner
Appr ed as to for and legality:
Scott A. Stone
Assistant County Attorney
[15-CPS-01492/1268993/1]93 3 of 3
SECTION III, ENTITLED RESIDENTIAL/ COMMUNITY FACILITY AREAS PLAN, OF THE PUD
DOCUMENT ATACHED TO THE SALVATION ARMY PUD, ORDINANCE NO. 01-65, AS AMENDED,
IS HEREBY AMENDED AS FOLLOWS:
SECTION III
RESIDENTIAL/COMMUNITY FACILTY AREAS PLAN
3.4 DEVELOPMENT STANDARDS
*******
C. Minimum Yards:
(1) Principal structures:
(a) Front Yards Along Estey Avenue-Thirty-five (35)feet.
(b) Side and Rear Yards along the east PUD boundary—Fifteen (15)feet.
(c) Side and Rear Yards along the west PUD boundary—Twenty(20)feet.
{e} (d) Side and Rear Yards along the south PUD boundary—Twenty(20)feet or
zero (0) feet when a unified plan of development between the
Residential/ Community Facility Area and the C-5 zoned property to the
South (identified as#17 on the PUD Master Plan) is proposed.
(e) Side yard along the shared boundary between the Commercial Area and
Residential/Community Facility Area—Ten (10)feet or zero(0)feet when
a unified plan of development between the Commercial Area and the
Residential/Community Facility Area is proposed.
(2) Accessory Structures:
(a) Grounds equipment and storage/utility buildings—Thirty (30) feet from
the north PUD boundaries and twenty (20) feet from the west PUD
boundaries.
(b) Other structure setbacks shall be as required by Division 2.6.2 of the Land
Development Code in effect at time of building permit application.
*******
Exhibit "A"
Page 1 of5
I. Landscaping and Buffering Requirements:
1. A twenty(20)foot wide landscape buffer shall be provided along the western PUD
boundary. A six (6) foot high opaque fence and trees, one (1) per every twenty-
five (25) feet, shall be provided along the western PUD boundary. A six (6) foot
high fence shall be provided around the remaining PUD boundaries for the
Residential/Community Facility Area,except for access points. However,no fence
shall be required where a unified plan of development is proposed between the
Residential/Community Facility Area and the Commercial Area, between the
Residential/Community Facility Area and the C-5 zoned property to the South
(identified as #17 on the PUD Master Plan) and between the
Residential/Community Facility Area and the C-5 zoned property to the East
(identified as#9 on the PUD Master Plan)
2. No landscape buffer shall be required along the shared boundary between the
Residential/ Community Facility Area and Commercial Area when a unified plan
of development is proposed, and along the south PUD boundary when a unified
plan of development between the Residential/Community Facility Area and the
C-5 zoned property to the South (identified as #17 on the PUD Master Plan) is
proposed.
Exhibit "A"
Page 2of5
SECTION IV,ENTITLED COMMERCIAL AREAS PLAN,OF THE PUD DOCUMENT ATTACHED TO THE SALVATION
ARMY PUD,ORDINANCE NO.01-65,AS AMENDED, IS HEREBY AMENDED AS FOLLOWS:
SECTION IV
COMMERCIAL AREAS PLAN
4.3 DEVELOPMENT STANDARDS
C. Minimum Yards:
(1) Principal structures:
(a) Front Yards Along Airport Road-Twenty-five(25)feet.
(b) Side Yard along the north PUD boundary-None or five(5)feet.
(c) Other Side and Rear Yards Ten(10)feet. Side yard along the south PUD
boundary — Ten (10) feet or zero (0) feet when a unified plan of
development between the Commercial Area and the C-5 property to the
South(identified as#17 on the PUD Master Plan) is proposed.
ic_14 Side yard along the shared boundary between the Residential/
Community Facility Area and Commercial Area—Ten (10)feet or zero (01
feet when a unified plan of development between the Commercial Area
and the Residential/Community Facility Area is proposed.
*******
Landscape and Buffering:
(1) 4f the Commercial Area is developed ' - •- - -- • - - ••
-
- .- - • - e __ - .. _ _ .' . No landscape buffer shall be
required along the north PUD boundary when a unified plan of development
between the Commercial Area and the C-5 zoned property to the North
(identified as#9 on the PUD Master Plan) is proposed, and along the south PUD
boundary when a unified plan of development between Commercial Area and the
C-5 zoned property to the South jidentified as #17 on the PUD Master Plan) is
proposed.When a unified plan of development is not proposed,the LDC required
buffer shall be installed.
Exhibit "A"
Page 3 of 5
Words struck through are deleted and words underlined are added
Salvation Army
PDI-PL20150000425
July 15,2016
(2) A ten (10)foot wide Type "A" Buffer shall be provided between the Commercial
Area and Residential/Community Facility Area of the PUD. However, no buffer
shall be required when a unified plan of development between the Commercial
Area and Residential/Community Facility Area is proposed.
Exhibit A, entitled "Master Site Plan", of the PUD Document attached to the Salvation Army PUD,
Ordinance No. 01-65, as amended, is hereby deleted in its entirety and replaced by Exhibit A, entitled
"Conceptual Master Plan",attached hereto and incorporated herein.
Exhibit "A"
Page 4 of 5
Words struck through are deleted and words underlined are added
Salvation Army
PDI-PL20150000425
July 15,2016
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