HEX Final Decision 2016-38 HEX NO. 2016—38
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160000927 — Pavilion Club Condominium Inc. requests an
insubstantial change to Ordinance No. 87-41, the Pavilion Lake Planned Unit Development,
to increase the height of the perimeter wall from 6 feet to 8 feet. The subject property
consisting of 15.67± acres is located on the west side of US 41 directly north of the Pavilion
Shopping Center, in Section 33, Township 48 South, Range 25 East, Collier County,
Florida.
DATE OF HEARING: September 22, 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:
A letter of objection was received expressing concern with the proposed wall setback from the
property line and the need to meet a minimum landscape buffer.
Section 3.4.1.F of the approved Planned Unit Development (PUD) Ordinance #87-41 provides
the following locational information for a perimeter wall:
"Perimeter privacy wall setback = none from property line"
Section 3.4.4 of the PUD provides for a five (5) foot buffer with landscaped fence or a
masonry/solid wall.
One member of the public attended to address this application. A concern was expressed about
requiring some form of landscaping, specifically mentioned Ficus, ivy or a creeping vine, to
cover the wall. The applicant provided additional information and stated the wall would be an
architectural decorative precast wall. An example of the type of decorative wall the applicant
proposes was provided and added to the record.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160000927, filed by Wayne
Arnold, AICP of Q. Grady Minor and Associates, P.A., representing Pavilion Club
Condominium Association, Inc., with respect to the property as described in the Pavilion Lake
PUD, Ordinance No. 87-41, for an insubstantial change to increase the height of the perimeter
[16-CPS-01547/1288952/1]43 1 of 2
wall from 6 feet to 8 feet. Said change is fully described in the Pavilion Lake PUD amendment
attached as Exhibit"A", and is subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—PUD Amendment
Exhibit B—Wall Example
Exhibit C —Aerial Location Map
LEGAL DESCRIPTION: See Ordinance No. 87-41, the Pavilion Lake PUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. For any wall exceeding six (6) feet in height, it shall be a precast decorative wall similar
to that provided in the example attached as Exhibit "B".
3. For any wall exceeding six (6) feet in height, the locations will be approximately as
shown by the orange line on Exhibit C.
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.
Cu-- 4 (--�
Date Mark Strain, Hearing Examiner
Approved as to form and legality:
idi Ashton-Cicko
Managing Assistant County Attorney
[16-CPS-01547/1288952/1143 2 oft
Pavilion Lake PUD Pi 2016 0 0 0 0 9 2 7 REV I
Amend Ordinance Number 87-41
AMENDMENTS TO MULTI FAMILY RESIDENTIAL DEVELOPMENT SECTION III OF THE
PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 87-41, THE PAVILION LAKE
PUD
Section III, entitled "Multi Family Residential Development" of the PUD Document
attached to Ordinance Number 87-41,the Pavilion Lake PUD, is hereby amended as follows:
*** *** *** *** *** Text Break *** *** *** *** ***
3 .4 REGULATIONS
*** *** *** *** *** Text Break *** *** *** *** ***
3 .4. 4 Buffers:
A. Along 91St Avenue North right-of-way
5'buffer with landscaped fence or a
masonry wall not higher than 6=8' above
the crown of 91St Avenue North.
B. Along the south,west and east property lines a 5' land-
scaped buffer with vegetation meeting
the requirements of Section 8.37 of the
Zoning Ordinance,or a solid wall not to
exceed€-8' in height.
C. Along wetland preservation area a 10'
buffer within which a pedestrian walk-
way/bikepath may be constructed.
D. Deviation—Fences and Walls
i. Deviation #1 seeks relief from LDC Section 5.03.02 - Fences and Walls,
Excluding Sound Walls, which requires walls located on residential
property to be a maximum height of six feet,to allow a wall along the
perimeter of the property to be a maximum height of eight feet.
Exhibit "A"
H'ords underlined are additions:words s-tonieli-ii+reiogh are deletions
Pavilion Lake PCD.PDI Last Revised 04/25.2016 Page 1 of 1
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