HEX Final Decision 2014-24 HEX NO. 2014—24
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140000248 — Parklands Associates I, LLLP requests an
insubstantial change to Ordinance No. 12-30, the Parklands Residential Planned Unit
Development, to reduce rear yard setbacks for single family accessory structures for pools
on open space/waterfront lots from five feet to three feet and for screen enclosures from
three feet to zero feet, and to add a new provision for landscape buffer easements and lake
maintenance easements to be platted separately. The subject property consists of 642±
acres located approximately two miles north of Immokalee Road (CR 846) and
immediately adjacent to the Lee County line, east of the Quail Creek subdivision and north
of the Terafina/Riverstone PUD in Section 9, Township 48 South, Range 26 East, Collier
County, Florida.
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 has been met and the petition
should be approved.
ANALYSIS:
No members of the public were present during this hearing; however, one letter of objection was
received. The objector was concerned that this application would remove an easement,
described as 600 feet north to south, along the border between the Parklands PUD and the
Terafina PUD (also known as Riverstone). In reviewing file documents and testimony from the
applicant, the border between the two PUDs requires a preservation area that meets the
approximate size as portrayed by the objector. During review of this application it was clear that
the previously dedicated preservation area is not impacted.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140000248, filed by Robert
L. Duane, AICP, of Robert Duane and Associates, representing Kevin Ratterree of Parklands
Associates I, LLLP, with respect to the property as described in the Parklands RPUD, Ordinance
No. 12-30, for the following insubstantial changes:
[14-CPS-01305/1107776/1]51 1 of 2
• to reduce rear yard setbacks for single family accessory structures for pools on open
space/waterfront lots from five feet to three feet; and
• to reduce rear yard setbacks for screen enclosures from three feet to zero feet; and
• to add a new provision for landscape buffer easements and lake maintenance easements
to be platted separately.
Said changes are fully described in the Parklands RPUD amendment attached as Exhibit "A".
ATTACHMENTS: Exhibit A—RPUD Amendment
LEGAL DESCRIPTION: Described in Exhibit D of Ordinance No. 12-30, the Parklands RPUD
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.
6, 0 -1-° t`,
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A
Date
Mark strain, Hearing Examiner
Approved as to form and le d aliit/ty:
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H i Ashton- ick_
Managing Assistant County Attorney
[14-CPS-01305/1107776/1151 2 oft
EXHIBIT "A"
Page 1 of 3
THE
PARKLANDS
Rpup_pDI
INSUBSTANTIAL
CHANGES
[14-CPS-01305/1109716/1]57 Page 1 of 3
THE PARKLANDS RPUD-PDI ORDINANCES CHANGES
Insubstantial Change
TABLE EXHIBIT B ONLY. FROM ORDINANCE 12-30 Words underlined are added;words struck ough are deleted;
Revision Date:July 10,2014 •••indicates break in pages
EXHIBIT "A"
Page 2 of 3
EXHIBIT B
DEVELOPMENT STANDARDS
THE PARKLANDS RPUD
A. TABLE
Single- Single Two Family Single-Family Multi- Model Guard Preserve Recreation
PERMITTED USES Family Family &Duplex Attached Family Homes Gate Area Site
AND STANDARDS Detached Zero (R) And Dwellings (R) House Structure (RS)
(R) Lot Townhouse (Except (ROWS) (P)
Line (more than 2 Townhouse)
(R) units)(R)"1 (R)
Minimum Lot Area 5,000 SF" 4,000 SF" 3,500 SF*12'10 3,500 SF*',2.10 9,000 SF" *5 N/A N/A 1 acre
Minimum Lot Width*3 50' 40' 35''10 35710 90' *5 N/A N/A 100'
Minimum Lot Depth 100' 100' 100' 100' 100' *5 N/A N/A 100'
Front Yard Setbacks 20''4 20'*4 20'*4 20'*4 N/A *5 *6 N/A 25'
Front Yard Accessory 20' 20' 20' 20' N/A *5 *6 N/A 10'
Setbacks
Side Yard Setbacks 6' 0'or 10 7.5' 7.5' N/A *5 *6 N/A 10'
Side Yard Accessory S.P.S.'9 S.P.S.*9 S.P.S.*9 S.P.S.*9 N/A *5 *6 10'
Setbacks
Rear Yard Setbacks 15' 15' 15' 15' N/A *5 *6 N/A 10'
Rear Yard Accessory 5' 5' 5' 5' N/A *5 *6 N/A 10'
setbacks
Rear Yard Setback. 3' 3' N/A N/A N/A N/A N/A N/A N/A
Pools and Spas
adjacent to Open
Space: *13
Rear Yard Setback ~—
Screen enclosures 0 0 N/A N/A N/A N/A Ea ELA N/A
Adjacent to Open
Space:*13
`
Maximum Building 2 stories 2 stories 2 stories not 2 stories not 2 stories 2 stories 2 stories
Height not to not to to exceed to exceed not to not to not to
exceed exceed exceed *5 exceed exceed
Zoned 30' 30' 30' 30' 50' 30' 25' 35'
Actual 40' 40' 40' 40' 60' *5 40' 35' 50'
Distance Between
Principal&Accessory 10' 10' 10' 10' 20'*' *5 N/A N/A 10
Structures
Distance Between 10' 0'or 10' 15' 15' 30' *5 N/A N/A 10
Principal Structures
Floor Area Minimum 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF *5 N/A N/A N/A
Setbacks from
Preserve Areas– 25' 25' 25' 25' 25' *5 25' N/A 25'
Principal Structures*8
Setbacks from
Preserve Areas– 10' 10' 10' 10' 10' *5 10' N/A 10'
Accessory Structures*g
Setback from Track N/A N/A N/A N/A 25'"12 N/A N/A 10''8 25'
Boundary
Setback from Internal N/A N/A N/A N/A 20' N/A N/A NIA-10' N/A-25'
Drives or Travel ways.
(All distances are in feet unless otherwise noted.See next page footnotes)
[14-CPS-01305/1109716/1]57 Page 2 of 3
THE PARKLANDS RPUD-PDI ORDINANCES CHANGES
Insubstantial Change
TABLE EXHIBIT B ONLY. FROM ORDINANCE 12-30 Words underlined are added;words struekough are deleted;
Revision Date:July 10,2014 ***indicates break in pages
EXHIBIT "A"
Page 3 of 3
B. FOOTNOTES
*1 SF refers to square feet.All other measurements are in linear feet.
*2 3,500 SF of lot area per dwelling unit.
*3 Minimum lot width may be reduced by 20%for cul-de-sac lots provided the minimum lot area requirement
is maintained.
*4 Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way
line.
B. If the parcel is served by a private road, setback is measured from the back of curb or edge of
pavement(if not curbed).
C. If the parcel has private road frontage on two sides,the setback is measured from the side with the
shortest frontage with the other frontage designated as a side yard.
D. The garage must be setback a minimum of 23 feet for front-entry and 15 feet for side entry.
*5 Same as Residential Zoning District where model home is located.
*6 Minimum 5' from road edge of pavement or back of curb and minimum 15' from Logan Boulevard North
ROW line.
*7 May be reduced to 10' between multi-family buildings or garages.
*8 Not applicable to boardwalks which may be constructed up to the preserve tract boundary.
*9 S.P.S.means same as principal structure
*10 Per unit
*11 Maximum of ten(10)units attached in one building.
*12 The perimeter buffer will not be located within the 25' setback or will be located outside of the track
boundary.
*13 Open Space Lots shall apply to that portion of the rear lot line that abuts a separate landscape buffer tracts
water management/lake tract,and/or open space tract.
C. LANDSCAPE AND MAINTENANCE EASEMENTS
Landscape buffers easements and lake maintenance easements shall be platted separately.
*******
[14-CPS-01305/1109716/1]57 Page 3 of 3
THE PARKLANDS RPUD-PDI ORDINANCES CHANGES
Insubstantial Change
TABLE EXHIBIT B ONLY. FROM ORDINANCE 12-30 Words underlined are added;words are deleted;
Revision Date:July 10,2014 ***indicates break in pages