HEX Final Decision 2015-03 HEXNO. 2015-03
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140002735— WCI Communities, LLC is requesting an
insubstantial change to Ordinance No. 03-04, as amended, the Lands End Preserve Planned
Unit Development, to add a deviation from LDC Section 4.02.04.D to allow windows on the
zero lot line side yard of residential dwelling units where there is a minimum separation of
10 feet from the principal structure on the adjacent property; and to amend the
Development Standards for Residential Areas by reducing the minimum side yard setback
from 12 feet to 10 feet for the non-zero yard side of zero lot line homes, and from 6 feet to 5
feet for all other single- and two-family detached homes. The subject property is located on
the west side of Barefoot Williams Road, north of Tower Road and southeast of Wentworth
Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier County,
Florida, consisting of 262.9± acres.
DATE OF HEARING: February 12, 2015.
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:
The original request included doors and windows on the zero lot line side yard of the structures.
At the hearing the applicant withdrew the request to include doors. There were no public
speakers for or against this petition.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140002735, filed by D.
Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., representing WCI Communities,
LLC, with respect to the property as described in the Lands End Preserve PUD, Ordinance No.
03-04, for the following insubstantial changes:
[14-CPS-01403/1150929/1]27 1 of 2
• to add a deviation from LDC Section 4.02.04.D to allow windows on the zero lot line
side yard of residential dwelling units where there is a minimum separation of 10 feet
from the principal structure on the adjacent property; and
• to amend the Development Standards for Residential Areas by reducing the minimum
side yard setback from 12 feet to 10 feet for the non-zero yard side of zero lot line homes,
and from 6 feet to 5 feet for all other single- and two-family detached homes.
Said changes are fully described in the Lands End Preserve PUD amendment attached as Exhibit
ATTACHMENTS: Exhibit A—PUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 03-04, the Lands End Preserve PUD.
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 M Strain, Hearing Examiner
Appro d as to form and legality:
Scott . tone
Assistant County Attorney
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EXHIBIT "A"
Lands End Preserve RPUD
Amend Ordinance Number 2003-04
SECTION III, ENTITLED "RESIDENTIAL/GOLF" OF THE PUD DOCUMENT ATTACHED TO ORDINANCE
NUMBER 2003-04,THE LANDS END PRESERVE RPUD, IS HEREBY AMENDED AS FOLLOWS:
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3.5 DEVELOPMENT STANDARDS
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E. Deviations From Development Standards
1. From LDC Section 4.02.04.D, Standards for Cluster Residential Design, which
requires the zero lot line portion of the dwelling unit to be void of doors or
windows where such wall is contiguous to an adjoining lot line, to allow windows
on the zero lot line portion of the dwelling unit where there is a minimum
separation of 10 feet between the dwelling unit and the principal structure on the
adjacent property.
Words underlined are additions;words struelc-through are deletions
Lands End Preserve RPUD, PD1 Last Revised 02/12/2015 Page 1 of 2
SECTION III, ENTITLED "RESIDENTIAL/GOLF" OF THE PUD DOCUMENT ATTACHED TO ORDINANCE
NUMBER 2003-04,THE LANDS END PRESERVE RPUD, IS HEREBY AMENDED AS FOLLOWS:
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TABLE 1
LANDS END PRESERVE PUD
DEVELOPMENT STANDARDS FOR
"R"RESIDENTIAL AREA
SINGLE FAMILY PATIO&ZERO LOT TWO FAMILY/ SINGLE FAMILY MULTI FAMILY
DETACHED LINE DUPLEX ATTACHED/ DWELLINGS
TOWNHOME
Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF NA
Minimum Lot Width'2 40 35 35 20 NA
Front Yard Setback
(Principal and Accessory) 20 20 20 20 20
Front Yard for Side
Entry Garage 12 12 12 12 12
Rear Yard Setback"'
(Principal) 10 10 10 10 15
Rear Yard Setback
(Accessory)*1 5 5 5 5 5
Side Yard Setback 65 0 or 65*34 0 or 65*4 0 or 6 *4'5 NA
Maximum Height*5 35 35 35 35 75 over 1 level of
parking not to exceed
86'above FEMA
elevation
Accessory 30 30 30 30 30
Floor Area Minimum(SF) 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF
Minimum Distance Between
Principal Structures NA 5 or 10*3'4 5 or 10*3'4 15 feet
.5 SBH or 15 feet*s,a
BH: Building Height
SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements.
Front yards shall be measured as follows:
A. If the parcel is served by a public or private right-of-way,setback is measured from the adjacent right-of-way line.
*1-Setback from lake easements for all accessory uses and structures may be 0'. Setback from preserve areas shall be 25'for principal structures and 15'for accessory
structures.
*2 -Minimum lot width for cul-de-sac lots consistent with the measurement standards established in Division 6.3 of the LDC.
*3-Zero feet(0')or a minimum of six-five feet(615')on either side except that where the zero foot(0')yard option is utilized,the opposite side of the structure shall have a
twelve-ten-foot 02110')yard. Zero foot(0')yards may be used on either side of a structure provided that the opposite twelveten-foot(1- 10')yard is provided. Patios,pools
and screen enclosures may encroach into the twelve-ten-foot(1-2110')yard and may attach at the common property line. Where this option is used,a conceptual site plan for
all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building Permit. This plan will be used to determine
the twelve-ten-foot(1110')spacing requirement between structures.
*4-Distance between principal structures not inclusive of garages or accessory structures. Where common architectural themes are utilized for a common development
tract,distances between principal structures may be reduced subject to fire district approval at the time of site plan review.
*5—No Multi-family buildings exceeding 35'over one level of parking shall be permitted within 200'of the westernmost right-of-way line of the Barefoot Williams Road right-
of-way. Building height shall be measured as defined in Division 6 of the Land Development Code.
Words underlined are additions;words st+rxelc-through are deletions
Lands End Preserve RPUD, PDI Last Revised 02/12/2015 Page 2 of 2