HEX Final Decision 2015-34HEX NO. 2015 — 34
HEARING EXAMINER DECISION
PETITION NO. PDI- PL20140002486 — Habitat for Humanity of Collier County, Inc.
requests an insubstantial change to Ordinance No. 07 -63, the Habitat Woodcrest RPUD,
now known as Legacy Lakes RPUD, to change the PUD name; to reduce the Residential
Tract acreage; to reduce the minimum lot width, minimum side yard, and minimum
distance between structures on the Development Standards table; to add a note to the
Development Standards table relating to corner lot yard requirements; to revise the
minimum lot width on Figure 1; to amend the Master Plan to reflect existing conditions; to
revise the PUD legal description; to revise Deviation #3 to delete an erroneous reference to
a PUD exhibit; to revise the List of Developer Commitments to delete Planning
commitment A, add Transportation commitment H, and amend Utility commitment B to
reflect the new PUD name. The subject property consists of 10.74± acres located on the
west side of Woodcrest Drive, south of Immokalee Road (C.R. 846), and north of
Acremaker Road, in Section 26, Township 48 South, Range 26 East, Collier County,
Florida.
DATE OF HEARING: August 27, 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.
ANALYSIS:
One member of the public attended the meeting who resides in the Crystal Lake community.
After presentation from the applicant and discussion with the Hearing Examiner, there were no
public speakers.
DECISION:
The Hearing Examiner hereby a rpp oves Petition Number PDI- PL20140002486, filed by
Margaret Emblidge and Patrick Vanasse of RWA, Inc. representing Habitat for Humanity of
Collier County, Inc., with respect to the property as described in the Habitat Woodcrest RPUD,
Ordinance No. 07 -63, now to be known as Legacy Lakes RPUD, for the following insubstantial
changes:
[I5- CPS - 01406/1200709/1126 1 of
• to change the PUD name from Habitat Woodcrest RPUD to Legacy Lakes RPUD;
• to reduce the Residential Tract acreage;
• to reduce the minimum lot width, minimum side yard, and minimum distance between
structures on the Development Standards table and revise footnotes accordingly;
• to revise footnote #2 on the Development Standards table to indicate that structures are
not permitted in a required landscape buffer easement;
• to add a footnote to the Development Standards table relating to corner lot yard
requirements;
• to revise the minimum lot width on Figure 1;
• to amend the Master Plan to reflect existing conditions;
• to revise the PUD legal description;
• to revise Deviation #3 to delete an erroneous reference to a PUD exhibit; and
• to revise the List of Developer Commitments to delete Planning commitment A, delete
Environmental commitment A which is no longer applicable, revise Environmental
commitment C to remove reference to native vegetation percentage, add Transportation
commitment H, amend Utility commitment B to reflect the new PUD name, and amend
the Water Management commitment and Utility commitment A to reflect the current
developer name.
Said changes are fully described in the Habitat Woodcrest /Legacy Lakes RPUD amendment
attached as Exhibit 1.
ATTACHMENTS: Exhibit 1 — Habitat Woodcrest/Legacy Lakes RPUD Amendment
LEGAL DESCRIPTION: See Exhibit D of the attached Exhibit 1, the Habitat Woodcrest
/Legacy Lakes RPUD Amendment.
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
or the Board of Zoning Appeals, as appropriate. 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
[15- CPS - 01406/1200709/1]26 2 of
i ✓
M Strain, Hearing Examiner
AAppyed s to rm a nd legality:
one
Assistant County Attorney
EXHIBIT A
PROJECT LAND USE TRACTS
TYPE UNITS/FT. ACREAGE±
TRACT "R" RESIDENTIAL 66 9-.3-38.87
TRACT "RA" RECREATION AREA 0 0.19
TRACT "P" PRESERVE 0 1.68
"words underlined are added; words s4fiiek thfeugk are deleted"
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EXHIBIT 1 - Habitat Woodcrest / Legacy Lakes RPUD Amendment
Page 1 of 13
EXHIBIT B
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards
not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of
approval of the SDP or Subdivision plat.
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual
parcel or lot boundary lines, or between structures. Homeowners' association boundaries shall not be utilized for
determining development standards.
"words underlined are added; words stmek thfaugh are deleted"
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DEVELOPMENT
SINGLE FAMILY DETACHED
SINGLE FAMILY ATTACHED ZERO LOT
STANDARDS
2,250 S.F.
LINE
PRINCIPAL STRUCTURES
MINIMUM LOT AREA
2,250 S.F.
2,250 S.F.
MINIMUM LOT WIDTH
4$36 FEET See Figure 1
25 FEET see Figure 1
MINIMUM FLOOR AREA
1,000 S.F
1,000 S.F
MIN FRONT YARD
20 FEET see Figure 1
20 FEET see Figure 1
MIN SIDE YARD
6-5 FEET see Figure 1
0 FEET Or
6-5 FEET See Figure 1
MIN REAR YARD
15 FEET see Figure 1
15 FEET see Figure 1
MIN PRESERVE SETBACK
25 FEET
25 FEET
MIN. DISTANCE BETWEEN
STRUCTURES
421-10 FEET see Note 3 & Figure 1
4-2--1 0 FEET see Note 3 & Figure 1
MAX. ZONED BUILDING
HEIGHT NOT TO EXCEED
25 FEET
25 FEET
ACCESSORY STRUCTURES
FRONT
S.P.S.
S.P.S.
SIDE
S.P.S.
S.P.S.
REAR (ATTACHED)
(DETACHED)
5 FEET
5 FEET
5 FEET
5 FEET
PRESERVE SETBACK
10 FEET
10 FEET
MINIMUM DISTANCE
BETWEEN STRUCTURES
15 FEET
12 FEET
MAX. ZONED BUILDING
HEIGHT NOT TO EXCEED
25 FEET
25 FEET
S.P.S. = Same as Principal Structures
BH = Building Height
Notes:
1) Structures proposed adjacent to a lake may have no setback from the lake maintenance easement.
"words underlined are added; words straek through are deleted"
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EXHIBIT 1 - Habitat Woodcrest / Legacy Lakes RPUD Amendment
Page 3 of 13
2) No structure shall be permitted in the required 20 foot lake maintenance easement or required landscape buffer
easement.
3) A'heFe a detaelied single family tink is proposed aEljaeent to afi attaelied single family dwelling stf:uetur-e,
minifatim 12 feet building separmien shall be fflaintained. (Please see te Fig"m 1 belew).
4-)L-)Terraced setbacks are permitted for residential structures that have an exterior wall associated with a side
yard that is of a lesser height than the floor above, provided that the exterior wall of the upper floor is
separated a minimum of 15 feet from the exterior wall of the floor below. Setbacks may be measured from
that ground floor exterior wall of lesser height (please see Figure 2 below).
4) Corner lots shall have one front yard, two side yards and one rear yard. The front yard shall be where the
driveway is located.
"words underlined are added; words sEwek throtio are deleted"
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EXHIBIT 1 - Habitat Woodcrest / Legacy Lakes RPUD Amendment
Page 4 of 13
PROPERTY
BOUNDARY
GRAPHIC SCALE
-50 0 25 50
( IN FEET )
1 inch = 50 ft.
ATTACHED & DETACHED
SINGLE - FAMILY
TYPE "A"
15' BUFFER
AIN,
ATTACHED SINGLE - FAMILY
FIGURE 1
20' L.M.E.
MIN.
"words underlined are added, words are deleted"
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EXHIBIT 1 - Habitat Woodcrest / Legacy Lakes RPUD Amendment
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PROF
U
Figure 2
RECREATION AREA DEVELOPMENT STANDARDS
A. There shall be a minimum of a 20 foot separation between all above - ground (i.e.: greater than 30
inches above finished grade) recreational facilities(s) from any residential unit.
"words underlined are added; words sfEttek through are deleted"
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EXHIBIT 1 - Habitat Woodcrest / Legacy Lakes RPUD Amendment
Page 6 of 13
EXHIBIT C: RPUD MASTER PLAN
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"words underlined are added; words stFuek through are deleted"
Revised 8 -27 -2015
EXHIBIT 1 - Habitat Woodcrest / Legacy Lakes RPUD Amendment
Page 7 of 13
EXHIBIT D
LEGAL DESCRIPTION
....
"words underlined are added; words Am& thFeugh are deleted"
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EXHIBIT 1 - Habitat Woodcrest / Legacy Lakes RPUD Amendment
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LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 1980 FEET OF THE SOUTH 20% OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4)
EXCEPTING THE WEST 1814.85 FEET THEREOF, AND THE WEST 1980 FEET OF THE NORTH 33.00 FEET OF
THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) EXCEPTING THE WEST 1814.85 FEETTHEREOF
ALL IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA.
TOGETHER WITH:
THE SOUTH HALF (1/2) OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4), LESS THE EAST 35.00 FEETTHEREOF, SECTION 26 TOWNSHIP 48 SOUTH RANGE 26 EAST
COLLIER COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE EAST 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID SECTION 26, S.02 °18'34 "E. FOR 668.96 FEET TO THE NORTHEAST
CORNER OF THE SOUTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER
(1/4) OF SAID SECTION 26;
THENCE ALONG THE NORTH LINE OF THE SOUTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE
SOUTHEAST QUARTER (1/4) OF SAID SECTION 26, S.89 °59'40 "W FOR 35.03 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN;
THENCE ON A COARSE PARALLEL TO THE EAST LINE OF SAID SECTION 26, S.02 °18'34 "E. FOR 668.97 FEET
TO A POINT ON THE SOUTH LINE OF THE NORTH HALF (1 /2) OF THE SOUTHEAST QUARTER (1/4) OF SAID
SECTION 26;
THENCE ALONG THE SOUTH LINE OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF SAID
SECTION 26, S.89 °59'17 "W. FOR 625.78 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER
(1/4) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 26•
THENCE ALONG THE WEST LINE OF THE EAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID
SECTION 26, S.02 °16'03 "E. FOR 33.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 33.00 FEET
OF THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 26•
"words underlined are added, words struelE thfough are deleted"
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THENCE ALONG SAID SOUTH LINE OF THE NORTH 33.00 FEET OF THE SOUTH HALF (1/2) OF THE
SOUTHEAST QUARTER (1/4), OF SECTION 26, S.89 °59'17 "W. FOR 166.16 FEET TO A POINT ON THE EAST
LINE OF THE WEST 1814.85 FEET OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 26•
THENCE ALONG SAID EAST LINE OF THE WEST 1814.85 FEET OF THE SOUTHEAST QUARTER (1/4) OF
SECTION 26, N.02 °17'02 "W. FOR 300.80 FEET TO A POINT ON THE PLATTED SOUTH LINE OF CRYSTAL LAKE
RV RESORT PHASE FOUR, AS RECORDED IN PLAT BOOK 22, PAGES 83 THROUGH 86 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG SAID PLATTED SOUTH LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR, N.89 °59'26 "E. FOR
166.24 FEET, TO THE SOUTHEAST CORNER OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR;
THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR N.02 °18152 11W. FOR
401.27 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF (1 /2) OF THE NORTHEAST QUARTER
(1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 26;
THENCE LEAVING SAID CRYSTAL LAKE RV RESORT, ALONG SAID NORTH LINE OF THE SOUTH HALF (1/2) OF
THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 26 N89 °59'40 "E FOR
625.63 FEET TO THE POINT OF BEGINNING OF A PARCEL HEREIN DESCRIBED.
"words underlined are added, words StFUelE thfOtfgh are deleted"
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EXHIBIT 1 - Habitat Woodcrest / Legacy Lakes RPUD Amendment
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EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation #3 seeks relief from LDC Sub - sections 5.03.02.A.9. and 5.03.02.6. that requires fences to be measured
from the existing grade, to allow fences and walls to be measured from finished grade. A combination of the small
parcel size and the proposed improvements to Woodcrest Drive provides for a smooth interface of the RPUD
property's perimeter water management impoundment, and the land alterations associated with the proposed minor
collector roadway. Reftrenee should be made to efess seetiens B B and C C en Sheet 4 ef the RPUD Plans Se�.
Fence or wall maximum height: 8 feet. A deviation from LDC Subsection 5.03.02.C. I., to allow a fence /wall
greater than 6 feet. Fence or wall height shall be measured from the finished grade of the ground at the base
of the fence or wall. A deviation from Subsection 5.03.02.A.9., and Subsection 5.03.02.13. to allow
fence /wall height to be measured from finished grade rather than existing grade. For the purpose of this
provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the
nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases,
the fence or wall shall not exceed 7 feet in height from the top of berm elevation with an average side slope
of greater than 3:1. (Please see cross - section A -A and 13-13 below).
"words underlined are added, words stFuek thfeugh are deleted"
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EXHIBIT 1 - Habitat Woodcrest / Legacy Lakes RPUD Amendment
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EXHIBIT 1 - Habitat Woodcrest / Legacy Lakes RPUD Amendment
Page 12 of 13
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
The development of this RPUD shall be subject to and governed by the following conditions:
TRANSPORTATION
H. On street parking shall be required to install one shade tree for every 10 parking spaces Said tree shall be
located on the sidewalk side of the parking _space
WATER MANAGEMENT
A storm water drainage main shall be provided by Habitat for Humanity in
accordance with the Developer Assistance and Easement Agreement.
UTILITIES
A. Utility facilities shall be provided by Alwefways jeint VeMum V Habitat for Humanity in accordance with
the Developer Assistance and Easement Agreement.
B. The Habitat Weedefe4l-egacy Lakes RPUD 46utility facilities (i.e.: potable water service and sanitary sewer)
shall be interconnected with those utility facilities that are located in the Woodcrest Drive rRight- of -Wway.
Additional utilityies easements shall be provided to make such connections, if necessary.
ENVIRONMENTAL
A.
Re pen e f Phase H En «hnl Site Assessment, e ed by Fe e Engineering, i ' dated A 2007
EflVir-E)flfnefital PFateetion. Sueh seils shall be dispesed ef at a solid waste f6eility that is pemiaed te aeeept
sueh faateFial. The disposal deetimenwien shall be pFavided pFier- to appr-eval oft-he subdivisien p1m, after-
.'v'~"
AR. Irrigation wells shall be prohibited.
BE. A minimum of 1.68 acres (1G94 e fthe nmive vege,e ie« e« site) shall be required to be retained or replanted.
CO. The existing access easements located within the Preserve Tract shall be vacated prior to approval of the
subdivision plat.
"words underlined are added, words struelt thFOugh are deleted"
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