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HEX Final Decision 2014-22 HEX NO. 2014—22 HEARING EXAMINER DECISION PETITION NO. PDI-PL20140001133 — G.L. Homes of Naples Associates II, Ltd. is requesting an insubstantial change to Ordinance No. 04-15, as amended, the Terafina Planned Unit Development also known as Riverstone, to allow windows on the zero lot line side yard of residential dwelling units. The subject property is located approximately one mile north of Immokalee Road (CR 846), east of the Quail Creek subdivision and north of the Old Cypress PUD in Section 16, Township 48 South, Range 26 East, Collier County, Florida, consisting of 637± acres. DATE OF HEARING: August 14, 2014 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 have been met and the petition should be approved. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20140001133, filed on behalf of G.L. Homes of Naples Associates II, Ltd. by Robert L. Duane, AICP, with respect to the property as described in the Terafina PUD, Ordinance No. 04-15, as amended, for the following insubstantial change: • to revise Section 6.5, Table 1, Development Standards, and add Section 6.6 E, Deviations, to allow windows on the Zero Lot Line yard side of residential dwelling units. Said change is fully described in the Terafina PUD amendment attached as Exhibit A. ATTACHMENTS: Exhibit A—PUD Amendment LEGAL DESCRIPTION: All of Section 16, Township 48 South, Range 26 East, Collier County, Florida, less and except the Westerly 80 feet thereof. [14-CPS-01331/1106891/1]35 1 oft 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, Collier County. 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. Date Mark Strain, earing Examiner Approv;. as to form and legality: Scott • . Stone Assistant County Attorney [14-CPS-01331/1106891/1135 2 of2 EXHIBIT "A" Page 1 of 2 AMENDMENTS TO SECTION VI OF THE DOCUMENT Section VI, entitled "Permitted Uses and Dimensional Standards for Residential Development" of the PUD document attached to Ordinance 04-15 as amended, the Terafina PUD, is hereby amended to read as follows: 6.5. Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES AND SINGLE ZERO TWO SINGLE MULTI- STANDARDS FAMILY LOT FAMILY FAMILY FAMILY DETACHED LINE AND ATTACHED DWELLING 0 DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 3,500 3,000 S.F per 1 AC S.F. S.F.(1) d.u. Minimum Lot Width(2) 50 35 45 30 100 Front Yard Setback 20(4)(6) 15(4) 15(4) 20(4) 20(4) (Principal and Accessory Uses) Side Yard Setback 6.0(6) 0 or 10 0 or 6 0 or 12 .5 BH Rear Yard Setback: 20 20 20 20 25 Principal -Lots back to back Rear Yard Setback: 10 10 10 10 15 Principal- Lots abutting lakes easement areas and common open space areas Rear Yard Setback: 10 10 10 10 10 Accessory Structures Rear Yard Setback: 5 5 5 5 5 Accessory Pools and Spas(5)- -lots back to back Rear Yard Setback: 3 3 3 3 3 Accessory Screen enclosures —lots back to back Rear Yard Setback: 3 3 3 3 3 Accessory Pools and Spas(5) —lots abutting lakes easement areas and common open space areas Rear Yard Setback: 0 0 0 0 0 Accessory Screen enclosures —lots abutting lakes easement areas and common open space areas Maximum Zoned Building Height 35 35 35 35 35 Maximum Actual Building Height 38 38 38 38 38 Distance Between Structures N/A N/A N/A 10 .5 BH Floor Area Minimum.(S.F.) 1600 1400 1200 1200 1200 Preserve Area Setback: 25 25 25 25 25 Principal Structures Preserve Area Setback: 10 10 10 10 10 Accessory Structures All distances are in feet unless otherwise noted. BH=Building Height [14-CPS-01331/1110090/1p9 1 PUD INSUBSTANTIAL CHANGES Insubstantial Changes Riverstone/Terafina PUD Revision Date:August 14,2014 Words underlined are added;words stnislE-thfeugh are deleted; ***indicates break in pages EXHIBIT "A" Page 2 of 2 Notes: 1. Each half of a duplex, unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand(7,000) square feet. 2. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ten (10) foot side yard. 4. Setbacks shall be measured from the back of the sidewalk to the face of the garage door and shall be no less than 23 feet. Should the garage door be side loaded, there shall be a 23 foot wide paved, cleared area on a perpendicular plane to the garage door or plans shall ensure that parked vehicles will not interfere with pedestrian traffic. 5. All development lots/units shall meet the LDC standards for minimum landscape and buffers. 6. A corner lot shall be defined as a lot wherein two yards directly abut road right-of-way. The front setback of a corner lot shall be measured from the side with the shortest roadway frontage and the other side with road frontage shall be designated as a side yard. The minimum front setback on a corner lot shall be 15 feet. 7. See also Deviation 1,pertaining to Design Standards for Clustering Zero Lot Line dwellings. ******* E. Deviations: 1. Deviation #1 seeks relieffrom LDC Section 4.02.04 D.1, which prohibits doors or windows on the zero lot line portion of a dwelling unit in a cluster development where such wall is contiguous to an adjoining lot line, to allow windows, but not doors, on the zero lot line portion of the dwelling unit. [14-CPS-01331/1110090/1p9 2 PUD INSUBSTANTIAL CHANGES Insubstantial Changes Riverstone/Terafina PUD Revision Date:August 14,2014 Words underlined are added;words struck-through are deleted; ***indicates break in pages