HEX Final Decision 2014-27 HEX NO. 2014—27
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140001292 — Petitioner, WCI Communities, LLC, requests an
insubstantial change to Ordinance No. 99-18, the Livingston Lakes Planned Unit
Development ("PUD"), to modify the minimum distance between residential principal
structures from the greater of 15 feet or one-half of the sum of the heights of adjacent
buildings, to instead require a minimum distance of 20 feet between one and two-story
structures and a minimum distance of one-half of the sum of the heights of adjacent
buildings, measured from exterior walls, where either structure is 3 stories. The subject
property consists of 46.73± acres of land located on the east side of Livingston Road, south
of Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County,
Florida.
DATE OF HEARING: September 25, 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.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140001292, filed by D.
Wayne Arnold, AICP, of Q. Grady Minor and Associates, on behalf of WCI Communities, LLC,
with respect to the property as described in the Livingston Lakes PUD, Ordinance No. 99-18, for
the following insubstantial change:
• to amend Section 3.4, Development Standards, to modify the required minimum distance
between residential principal structures to require a minimum distance of 20 feet between
one and two-story structures and a minimum distance of one-half of the sum of the
heights of adjacent buildings, measured from exterior walls, where either structure is 3
stories.
Said change is fully described in the Livingston Lakes PUD amendment attached as Exhibit"A".
ATTACHMENTS: Exhibit A—PUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 99-18, the Livingston Lakes PUD.
[14-CPS-01341/1107637/1121 1 of2
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.
b - -20 L P 4
Date Mark 'train,Hearing Examiner
Ap roved as too d legality:
Scott . Stone
Assistant County Attorney
[14-CPS-01341/1107637/1]21 2 of2
EXHIBIT "A"
Livingston Lakes PUD
Proposed Amendment to Ordinance Number 99-18
PROPOSED TEXT REVISIONS TO SECTION III OF THE PUD DOCUMENT.
Section III, entitled "Residential Development" of the PUD Document attached to Ordinance Number 99-
18,the Livingston Lakes PUD, is hereby amended as follows:
3.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to the PUD property boundaries, individual parcel
boundary lines, or between structures. Condominium/homeowners' association
boundaries shall not be utilized for determining development standards.
B. MINIMUM LOT AREA: One acre.
C. AVERAGE LOT WIDTH: 150 feet.
D. MINIMUM YARDS (Principal Structures):
Front Yard: 35 feet.
Side Yard: 15 feet.
Rear Yard: 30 feet.
Minimum Distance Between Structures:
Where either structure is 3 stories: 15 feet, or oOne-half of the sum of
the heights of adjacent buildings, measured from exterior walls;
whichever is greater.
Where both structures are 2 stories or less:Twenty (20) feet
Words underlined are additions;words s.t.pftele-tliwefegh are deletions
Livingston Lakes PUD Last Revised 08/14/2014 Page 1 of 1