HEX Final Decision 2018-12 HEX NO. 2018— 12
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20170003446 — TBC Tree Farm 1, LLC and TBC Tree Farm 2,
LLC request an insubstantial change to Ordinance Number 07-54, as amended, the Tree
Farm MPUD, to reduce the minimum building setback and minimum landscape buffer to
zero for the western PUD boundary adjacent to the Addie's Corner MPUD if both
properties are developed with a unified development plan, and to reduce the minimum
floor area for multi-family units from 1,000 to 750 square feet, for the PUD property
consisting of 58.84± acres, located on the northwest corner of the intersection of Immokalee
Road and Collier Boulevard in Section 22, Township 48 South, Range 26 East, Collier
County, Florida.
DATE OF HEARING: June 28, 2018
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 Neighborhood Informational Meeting (NIM) was held in May 2018 for this insubstantial
change. Two members of the public attended the NIM. Questions were asked and responded to
by the applicant, no objections were noted and staff has received no objections to this petition.
Approximately 12-15 members of the public were in attendance for this hearing. Several
members of the public participated and requested clarification on various aspects of the
application. No objections were noted.
This application includes:
1. a reduction in minimum residential unit square footage from 1000 square feet to 750
square feet,
2. an ability to eliminate the property line buffer when a unified plan of development is
processed,
3. allowing a zero setback between properties under a unified plan, and
4. minor changes and inclusions to update the Planned Unit Development (PUD) language.
The adjoining PUD, Addie's Corner (aka: Addison Place) is being developed with multi-story
residential units. The intent of this application is to allow the Addie's Corner development to
expand into a portion of the Tree Farm PUD. The square footage reduction in the Tree Farm
PUD is consistent with the minimum square footage standard being used in Addie's Corner and
[18-CPS-01770/1422039/1157 1 of 3
because of the common development, the buffer between the unified portions of the two
adjoining PUD's would not be required.
No other changes to the development standards are impacted by-this change.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20170003446, filed by D.
Wayne Arnold, AICP, of Q. Grady Minor & Associates, and Richard D. Yovanovich, Esq., of
Coleman, Yovanovich & Koester, P.A., representing TBC Tree Farm 1, LLC, and TBC Tree
Farm 2, LLC, with respect to the property as described in the Tree Farm MPUD, Ordinance No.
07-54, for the following insubstantial changes:
• to reduce the minimum building setback and minimum landscape buffer to zero for the
western PUD boundary adjacent to the Addie's Corner MPUD, if both properties are
developed with a unified development plan; and
• to reduce the minimum floor area for multi-family units from 1,000 to 750 square feet.
Said changes are fully described in the Tree Farm MPUD amendment attached as Exhibit "A",
and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—MPUD Amendment
Exhibit B —Common Boundary Exhibit
LEGAL DESCRIPTION: See Ordinance No. 07-54, the Tree Farm MPUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. A unified plan of development will be used when the common property boundary setback
and buffers are requested to be removed.
3. The common property boundary setback and buffer changes are limited to the area along
the common property line between Addie's Corner and the Tree Farm PUDs, as shown
on Exhibit "B".
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.
[18-CPS-01770/1422039/1157 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.
ffr , t 4/
Date M. k Strain, Hearing Examiner
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
[18-CPS-01770/1422039/1157 3 of 3
Exhibit "A"
Page 1of5
SECTION 22;
THENCE LEAVING THE SAID EAST-WEST QUARTER(1/4) LINE N. 00°45'01" W., A
DISTANCE OF 1334.03 FEET;
THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE PONT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
13 PROPERTY OWNERSHIP
The subject property is owned by:
. - .. -- . -- .- TBC Tree Farm 2, LLC (Folio: 00187400000,
and 00187400002, )_
TBC Tree Farm 1, LLC (Folio: 00188040005)
Collier County(Folio: 00190041403,7.42 ac property conveyed fee simple to Collier County
—OR4413 PG 3834)
1.4 DEVELOPER
The Tree Farm property is intended to be developed by the Tree Farm Land Trust or asignee.
All reference to the"developer"as may be contained in this MPUD Document shall mean the
Tree Farm Land Trust, unless, and until the subject property described and depicted in this
MPUD Document is conveyed, or assigned. It is the responsibility of the Tree Farm Land
Trust to notify Collier County,in writing,of the land conveyance,or assignment of the subject
property described and depicted in this MPUD Document within six months from the actual
conveyance,or assignment.
1.5 PHYSICAL DESCRIPTION
The development property is located in Section 22,Township 48 South,Range 26 East,Collier
County. It consists of±58.84 acres located in the northwest corner of the intersection of
Immokalee Road (CR 846) and Collier Boulevard (C.R. 951). The property was previously
used as a tree nursery. Improvements on the property consist of a small maintenance shed and
the property is generally without topographic relief, with the average elevation at
approximately 13 feet above mean sea level.
The water management system will consist of approximately±6.4 acres of water management
areas that will receive runoff from structures and parking areas. Run-off is collected by catch
basins and culvert systems for conveyance to the project's internal lake system. The project
outfall will be at the project's eastern boundary.Discharge will be into the Cocohatchee Canal
that runs along Immokalee Road. Allowable discharge rates will be in accordance with
applicable County ordinances.
The water management system will be permitted by the South Florida Water Management
District(SFWMD)through the Environmental Resource Permit(ERP)process.All rules and
regulations of SFWMD will be imposed upon this project including, but not limited to: storm
attenuation with a peak discharge rate per Collier County and SFWMD Rules,
Words underlined are additions;words streeeke4hrough are deletions
Tree Farm MPUD,PL20170003446 Last Revised 05/22/2018 Page 7 of 30
Exhibit "A"
Page 2of5
TABLE III
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 sq.ft. N/A
AVERAGE LOT WIDTH 100 ft. N/A
MINIMUM YARDS External
From Immokalee Road Canal ROW 25 ft. SPS
From Future Extension of Collier Blvd. 25 ft. SPS
From Western Pro'ect Bounda 25 ft. 15 ft.
MINIMUM YARDS Internal••
Internal Drives/ROW 15 ft. 10 ft.
Rear 10 ft. 10 ft.
Side lO ft. lO ft.
Lakes 25 ft. 20 ft.'
Preserves 25 ft. 10 ft.
lO ft.or l/2 the sum of IO ft.
MIN.DISTANCE BETWEEN STRUCTURES building heights i•4
MAXIM M HEIGHT
Retail Buildings(with or without residential uses) 50 ft. 311711135 ft.
Office Buildin_s(with or without residential uses) 65 ft. E12135 ft.
MINIMUM FLOOR AREA 1,000 sq.ft.°°•'a N/A
MAX.GROSS LEASABLE COMMERCIAL AREA 120,000 sq.ft. °''''''* N/A
o No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required
minimum 20 foot wide lake maintenance easement).
0o- Whichever is greater.
•'°O® Per principal structure,kiosk vendor,concessions,and temporary or mobile sales structures shall be
permitted to have a minimum floor area of twenty-five(25)square feet and shall be subject to the
accessory structure standards set forth in the LDC.
o°'^* Total allowable commercial square footage is 120,000 square feet;however no more than 100,000 may
be retail or office and the balance,above 100,000 square feet,if developed,shall be office.
•'t•"••' In the event the property is developed as a unified development with the Addie's Corner PUD,a zero foot
setback shall be allowed along the common property PUD boundary and no landscape buffer shall be
required.
Words underlined are additions;words struelctlireugh are deletions
Tree Farm MPUD,PL20170003446 Last Revised 05/22/2018 Page 18 of 30
Exhibit "A"
Page 3of5
TABLE IV
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT SINGLE- SINGLE- TWO MULTI
STANDARDS FAMILY FAMILY FAMILY, FAMILY 5
DETACHED ATTACHED & PATIO 1'2 &
TOWNHOUSE ZERO LOT
LINE
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F.
PER UNIT PER UNIT PER UNIT
MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 47000750
S.F./D.U.
MIN FRONT YARD 34 15 FEET 15 FEET 15 FEET 15 FEET
MIN SIDE YARD 5 FEET 0 FEET or 5 0 FEET or 5 10 FEET
FEET FEET
MIN REAR YARD 7.5 FEET 7.5 FEET 7.5 FEET 20 FEET
MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET
MIN.DIST. 10 FEET 10 FEET 10 FEET 20 FEET or V2
BETWEEN STRUCTURES ZONED BH,
WHICHEVER IS
GREATER
MAX.ZONED HEIGHT 2 STORIES 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE
NTE 42 FEET 42 FEET 42 FEET 50 FEET
ACTUAL HEIGHT 54 FEET 54 FEET 54 FEET 62 FEET
ACCESSORY STRUCTURES
FRONT 10 FEET 10 FEET 10 FEET 10 FEET
SIDE 5 FEET 5 FEET 5 FEET 5 FEET
REAR 5 FEET 5 FEET 5 FEET 5 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET
MAX.BLDG.HT.NOT TO SPS SPS SPS 3 STORIES NTE
EXCEED 42 FEET
S.P.S.:Same as Principal
Structures.NTE:Not To Exceed
BH:Building Height
Words underlined are additions;words struck-through are deletions
Tree Farm MPUD,PL20170003446 Last Revised 05/22/2018 Page 21 of 30
Exhibit "A"
Page 4 of 5
General Notes:
Front yards shall be measured as follows:If the parcel is served by a public or private right-of-way,setback is measured
from the adjacent right-of-way line.
If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if
not curbed).
Setback from lake easements for all accessory uses and structures may be zero feet(0').
No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or
easement, shall encroach into a required landscape buffer tract or easement.
Footnotes
1) A patio home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling
unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the
wall.
2) Setback may be either zero feet (0') on one side and five feet (5') on the other side in order to provide a
minimum separation between principal structures of ten feet(10').At the time of application for subdivision
plat approval for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be
submitted.
3) Front loading garages shall have a minimum front yard setback of twenty-three feet (23'), as measured
from the back of sidewalk. Side loaded garages may be located less than twenty-three feet(23')feet from
the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere
with or block the sidewalk. These provisions apply to a garage whether attached to the principal structure
or detached.
4) For corner lots, only one (1)front yard setback shall be required. The yard that does not contain the
driveway shall provide a 10'setback.
5) In the event the property is developed as a unified development with the Addle's Corner PUD, a zero foot
setback shall be allowed along the common property PUD boundary and no landscape buffer shall be
required.
Words underlined are additions;words struck rough are deletions
Tree Farm MPUD,PL20170003446 Last Revised 05/22/2018 Page 22 of 30
Exhibit "A"
Page 5 of 5
Services Staff for review and approval prior to site plan/construction plan approval. Where
protected species are observed on site,a Habitat Management Plan for those protected species,
or their habitats shall be submitted to Environmental Services Staff for review and approval
prior to site plan/construction plan approval.
6.6 AFFORDABLE-WORKFORCE HOUSING:
A. The applicant shall provide 15%of the total units built in the project in the affordable housing
price range or workforce housing, i.e., for those who earn up to 150% of the median income
as calculated annually using the Collier County median income figure for a family of four as
determined by the United States Housing and Urban Development Department (HUD). The
applicant will use the most current median income figure as defined above at the time of sale
to determine if that unit falls into the 150% median income or below. Currently, that would
allow a sales price of up to$321,000.The applicant will provide verification of the sales prices
to Collier County's Housing and Human Services Department. The form of verification shall
be determined between the applicant and the Collier County Housing and Human Services
Division.
6.7 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 approval,the Managing Entity is TBC Tree Farm
1, LLC, 14004 Roosevelt Boulevard, Suite 601,Clearwater, Florida 33762. 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.
6.8 MISCELLANEOUS
A. 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. (Section 125.022, FS)
B. All other applicable state or federal permits must be obtained before commencement of the
development.
THIS SPACE INTENTIONALLY LEFT BLANK
Words underlined are additions;words ru are deletions
Tree Farm MPUD,PL20170003446 Last Revised 05/22/2018 Page 30 of 30
Exhibit "B"
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PROJECT: TITLE OWNER/CLIENT/CONSULTANT: SEC:22 TWP:48 ROE: 26
m P E N I N S U L A�. Designed by: ALEJANDRO AVILA
COMMON Drawn by: ALEJANDRO AVILA
ENGINEERING`' TREE FARM TBC TREE FARM 1, Date: JUNE 2078
"'NEER'° LnN°"APE ARCHITETUR` BOUNDARY Draw ng Scale: =500'
ENV'
GUNSULTING LAN[)PLANNING PUD LLC
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srt[PLnNNwc coNsreucnoN mnNncLreeNT Project Number: P-BROK-001
OWNER REPRE a crcTIVC EXHIBIT File Number: P-BROK-001-001-X14
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