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HEX Final Decision 2015-06 HEX NO. 2015—06 HEARING EXAMINER DECISION PETITION NO. PDI-PL20140002801 — Petitioner, Taylor Morrison of Florida, Inc., requests an insubstantial change to Ordinance No. 11-41, the Hacienda Lakes Mixed Use Planned Unit Development, to reduce the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet for the residential development known as Esplanade at Hacienda Lakes. The subject property is located approximately one-half mile east of the intersection of Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) in Section 23, Township 50 South, Range 26 East, in Collier County, Florida. DATE OF HEARING: February 26, 2015. 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 is approved. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20140002801, filed by Alexis Crespo, AICP of Waldrop Engineering, P.A., representing Taylor Morrison of Florida, Inc., with respect to the property as described in the attached Exhibit A, for an insubstantial change to reduce the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet for the residential development known as Esplanade at Hacienda Lakes. Said change is fully described in the Hacienda Lakes MPUD amendment attached as Exhibit B, and is subject to the conditions set forth below. ATTACHMENTS: Exhibit A—Esplanade at Hacienda Lakes legal description Exhibit B —Hacienda Lakes MPUD amendment LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. This insubstantial change is only applicable to residential lots within the Esplanade at Hacienda Lakes development. 2. Limited to secondary front yards on corner lots only. Secondary front yards are those that do not contain the driveway/vehicular access to the garage, dwelling unit or lot. [15-CPS-01405/1150948/1]27 1 of 2 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. c IA Date Mark Strain, Hearing Examiner Approved as to form and legality: Scott A. Stone Assistant County Attorney US-CPS-01405/1150948/1127 2 of 2 OR 4938 PG 2435 Exhibit"A" HACIENDA LAKES OF NAPLES TRACT A A TRACT OR PARCEL OF LAND SITUATED IN SECTION 23,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,BEING BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE 4 INCH SQUARE CONCRETE MONUMENT REFERENCED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED CORNER RECORD NUMBER 84343 MARKING THE EAST ONE QUARTER CORNER OF SECTION 23,TOWNSHIP 50 SOUTH,RANGE 26 EAST; THENCE ALONG THE EAST-WEST ONE QUARTER SECTION LINE OF SAID SECTION 23,SAID LINE BEING THE BASIS 0. 'je IS DESCRIPTION, S.89°01'58"W.,FOR 30.03 FEET T�P' ON 15° RE WESTERLY RIGHT OF WAY LINE OF BENFIELD RO 1 •■ P THE POINT OF G I ING OF THE HEREIN DESCRIBED PARCEL; 'la_ '~--•-- THENCE CONTINUING • CO; `•• r • P r • : W AR! R SECTION LINE, S.89°01'58"W.,FOR 1,298.4 .J: 1 1;i ` '•oN ' • it ' MN; CAP LB 6990 MARKING THE NORTHEA T'"aORNER OF THE 4,41R ' ' :�' •NE QUARTER OF THE SOUTHEAST ONE QUARTS '' AID SECTION fit, . 1. • ' ALONG THE EAST, SOUTH AND WEST LINES OF ttli ORTHEAST 0 047 TER OF THE NORTHWEST ONE QUARTER 0 =`A li ! N.1- rf `• ►' QUARTER THE FOLLOWING THREE(3)COURSES: 1E-1, C III- " 1. THENCE S.01°18'52"W.,FOR 679.65 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE SOUTHEAST CORNER OF SAID NORTHWEST ONE QUARTER; 2. THENCE S.89°22'00"W.,FOR 663.28 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST ONE QUARTER; 3. THENCE N.01°14'38"E.,FOR 675.75 FEET TO A 5/8" IRON ROD WITH CAP LB 6990 MARKING THE NORTHWEST CORNER OF SAID NORTHWEST ONE QUARTER AND A POINT ON SAID EAST-WEST ONE QUARTER SECTION LINE; THENCE ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S.89°01'58"W., FOR 664.25 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE CENTER OF SAID SECTION 23; THENCE CONTINUING ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S.89°01'58"W.,FOR 627.16 FEET TO A 5/8"IRON ROD MARKING THE SOUTHWEST CORNER OF THE EAST ONE HALF OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE ALONG THE WEST LINE OF SAID EAST HALF N.01°01'15"E.,FOR 1,699.99 FEET TO A 5/8"IRON ROD; THENCE S.88°58'45"E.,FOR 445.48 FEET; OR 4938 PG 2436 THENCE N.01°01'15"E.,FOR 400.00 FEET; THENCE S.88°58'45"E.,FOR 151.77 FEET; THENCE N.01°01'15"E.,FOR 457.04 FEET TO A POINT ON THE FUTURE SOUTHERLY RIGHT OF WAY LINE FOR RATTLESNAKE HAMMOCK ROAD EXTENSION AND A POINT ON A CURVE; THENCE ALONG SAID FUTURE SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING SIX(6)COURSES: 1. THENCE EASTERLY 268.58 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 949.00 FEET THROUGH A CENTRAL ANGLE OF 16°1T55"AND BEING SUBTENDED BY A CHORD WHICH BEARS N.82°44'27"E. FOR 267.68 FEET TO A POINT OF REVERSE CURVATURE; 2. THENCE EASTERLY 297.08 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF 28°22'07"AND BEING SUBTENDED BY A CHORD WHICH BEARS N.88°49'03"E.FOR 294.05 FEET TO A POINT OF COMP e r • 0V, #; z• •l: ; 3. THENCE EASTERLY 211.21 PO,..... • G •T'�` A COMPOUND CURVE TO THE RIGHT HAVING A RAD A 9 1,040.00 FEET �T U 9 A CENTRAL ANGLE OF 11°38'09"AND BEING SUB ► P,. :_ - : '-0 ' C` B: • ' S.71°10'49"E.FOR 210.84 FEET TO A POINT •i ' A- ' k---Ai rk� 4. THENCE EASTERLY 54•.8' `'1 • • �� � • ' VERSE CURVE TO THE LEFT HAVING A ' • : '• ' L ,O�1T`+ '` G"�•A ENTRAL ANGLE OF 27°00'44"AND BEING SUB ► 'ED BY A CHO' C =; • 'S S.78°52'07"E. FOR 541.84 FEET; 4. Q 5. THENCE N.87°37'31"E.,FO Cram FEET TO A PO P; • URVATURE; 6. THENCE SOUTHEASTERLY ' '+N a • • 'C OF A TANGENTIAL CURVE TO THE RIGHT HAVING A v,I 4'' t)I is :i FEET THROUGH A CENTRAL ANGLE OF 90°57'22"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.46°53'48"E.FOR 71.30 FEET TO A POINT ON THE FUTURE WESTERLY RIGHT OF WAY LINE OF BENFIELD ROAD AND A POINT OF REVERSE CURVATURE; THENCE ALONG SAID FUTURE WESTERLY RIGHT OF WAY LINE THE FOLLOWING FOUR(4)COURSES: 1. THENCE SOUTHEASTERLY 955.48 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 1,160.00 FEET THROUGH A CENTRAL ANGLE OF 47°11'39"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.25°00'56"E. FOR 928.70 FEET; 2. THENCE S.48°36'46"E.,FOR 641.57 FEET TO A POINT OF CURVATURE; 3. THENCE SOUTHEASTERLY 909.05 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1,040.00 FEET THROUGH A CENTRAL ANGLE OF 50°04'53"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.23°34'19"E.FOR 880.38 FEET; 4. THENCE S.01°28'07"W.,FOR 239.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. Exhibit B Page 1 of 3 Hacienda Lakes MPUD Amend Ordinance 11-41 The "Table I Residential Development Standards," under Exhibit B, "Development Standards"of the PUD Document attached to Ordinance No. 11-41, the Hacienda Lakes MPUD, is hereby amended as attached hereto and incorporated by reference herein. Exhibit B-1, "Esplanade at Hacienda Lakes Project Location Map,"attached hereto and incorporated by reference herein, is hereby added to the PUD Document attached to Ordinance No. 11-41, the Hacienda Lakes MPUD. Exhibit B Page 2 of 3 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS ***************** General application of setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right-of-way, the setback is measured from the adjacent right-of-way line. ii. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. iii. For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway/vehicular access to the residence shall provide 10' setback. This setback applies only to single family detached, zero lot line, and two family/duplex dwelling types with a maximum zoned building height of 35' within the Esplanade at Hacienda Lakes property, as depicted on Exhibit B-1, attached hereto. At the time of platting, intersections subject to the secondary front yard setback shall demonstrate compliance with sight distance triangles as set forth in LDC Section 6.06.05 Notes: 1) Structures adjacent to a lake may have no setback from the lake maintenance easement. 2) Entrance features (i.e.: guard house, clock towers and colonnades) are limited in height to no greater than 35 feet in actual height. 3) Two or three story multi-family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15-foot building wall setback is provided as depicted in Figure 1 below. 4) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to prevent vehicles being parked across a portion, or all of the referenced sidewalk. 5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida Power and Light easement. Hacienda Lakes MPUD Words struck through are deleted; Last Revised: March 5, 2015 Words underlined are added B_1 Exhibit B ESPLANADE AT HACIENDA LAKES Page 3 of 3 PROJECT LOCATION MAP NORTH frifr11 e -----1 MOM i ------.4----„...------ , D • 'PROJECT 16 -DRI -*47 SITE ,, BOUNDARY, 7.] s.' 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