HEX Final Decision 2018-29 HEX NO. 2018 -29
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20180001658 — Maplewood Homeowners' Association, Inc.
requests an insubstantial change to Ordinance Number 93-84, as amended, the
Maplewood PUD, to add a new deviation relating to maximum wall height, for the
PUD property consisting of 64.48± acres, located on the north side of Radio Road,
approximately one quarter mile east of Livingston Road, in Section 31, Township 49
South, Range 26 East, Collier County, Florida.
DATE OF HEARING: December 13, 2018
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.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20180001658, filed by David
Genson of Peninsula Engineering representing Maplewood Homeowners Association, Inc., with
respect to the property as described in the Maplewood PUD, Ordinance No. 93-84, for the
following insubstantial changes:
• to increase the wall height from six to eight feet along the property's east property line
abutting an FPL easement and the southern property line abutting Briarwood Tract B-2.
Said changes are fully described in the Maplewood PUD amendment attached as Exhibit "A",
and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Maplewood PDI
Exhibit B —Wall locations
LEGAL DESCRIPTION: See Ordinance No. 93-84, the Maplewood PUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. The wall shall be of masonry type material.
[18-CPS-01784/1451920/1]26 1 of 2
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.
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Date Mar Strain, Hearing xaminer
Approv:` as to form and legality:
Scott A. S .net•
Assistant County Attorney
[18-CPS-01784/1451920/1126 2 of 2
EXHIBIT A
Section V
Development Commitments
5.11 SIGNS
All signs shall be in accordance with Division 2.5 of the Land Development Code.
5.12 LANDSCAPE FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Div. 2.3 of the
Collier County Land Development Code in effect at the time of building permit application.
5.13 POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code,provision shall be made for the
future use of building space within common areas for the purpose of accommodating the
function of an electoral polling place.
An agreement recorded in the official records of the Clerk of the Circuit Court of Collier
County, which shall be binding upon any and all successors in interest that acquire
ownership of such common areas including,but not limited to, condominium associations,
homeowners associations, or tenants associations. This agreement shall provide for said
community recreation/public building/public room or similar common facility to be used
for a polling place if determined to be necessary by the Supervisor of Elections.
5.14 TRANSPORTATION
Access via Radio Road shall be constructed as shown on the Radio Road Four Lane Plans
with all entry turn lane and median opening construction at the expense of the developer.
The County reserves the right of median opening access control.
5.15 LIST OF DEVIATIONS
A. This deviation seeks relief from LDC Section 5.03.02 C.,Fences and Walls-Excluding
Sound Walls,which limits fences and walls located on lots greater than one acre within
residential components of PUDs to a maximum height of six feet,to allow a wall along
the South and East perimeter of this PUD to be a maximum of eight feet in height.
Words struck thru are deleted; words underlined are added.
EXHIBIT B
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