HEX Final Decision 2015-39 HEX NO. 2015—39
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20150000871 — Standard Pacific of Florida requests an
insubstantial change to Ordinance No. 12-26, the Bent Creek Preserve RPUD, to reduce the
minimum front yard setback for single family detached principle structures to 10 feet; to
reduce the minimum side yard setback for single family detached principle structures to 5
feet; and to reduce the minimum distance between single family detached principle
structures and the minimum distance between single family detached accessory structures
to 10 feet. The subject property consists of 138.4± acres located approximately one-half
mile east of the intersection of Collier Boulevard and Immokalee Road, in Section 26,
Township 48 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: October 8, 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:
No objections have been received regarding this petition. The applicant is modifying existing
development standards for single family detached product with the intention of providing
additional space for accessory swimming pools in the rear yard. The project was originally
platted with a different product design under a previous owner. During review, the applicant
confirmed that the overall project open space requirements will remain equal or greater than the
minimum Land Development Code (LDC) requirements. Moreover, even with the proposed
increase in building area, lots will remain in conformance with landscaping requirements under
the LDC. Footnotes to the development standards table were modified during the meeting for
clarity, as reflected in the attached exhibit.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20150000871, filed by Patrick
Vanasse, AICP of RWA, Inc. representing Bent Creek Preserve, LLC, with respect to the
property as described in the Bent Creek Preserve RPUD, Ordinance No. 12-26, for the following
insubstantial changes:
• to reduce the minimum front yard setback for single family detached principle structures
to 11 feet;
• to reduce the minimum side yard setback for single family detached principle structures
to 5 feet;
[15-CPS-01442/1214675/1]122 1 of2
• to reduce the minimum distance between single family detached principle structures to 10
feet; and
• to reduce the minimum distance between single family detached accessory structures to
10 feet.
Said changes are fully described in the Bent Creek Preserve RPUD amendment and Site Plan
attached as Exhibit"A", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—RPUD Amendment and Site Plan
LEGAL DESCRIPTION: See Ordinance No. 12-26, the Bent Creek Preserve RPUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
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.
P �Ib (5- ir
Date Mark Strain, Hearing Examiner
App ved as to fo Ind legality:
,I i-
Sco A. Stone
Assistant County Attorney
[15-CPS-01442/1214675M122 2 of 2
Table 1, Residential Development Standards, of the PUD document attached to Ordinance
2012-26, as amended,the Bent Creek Preserve RPUD, is hereby amended as follows:
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS SINGLE SINGLE FAMILY MULTI- CLUBHOUSE/
FAMILY ATTACHED & FAMILY RECREATION
DETACHED TOWNHOUSE BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 4,500 S.F. 1,250 S.F. PER 1 ACRE 10,000 S.F.
UNIT
MINIMUM LOT WIDTH 40 FEET 16 FEET 150 FEET N/A
MINIMUM FLOOR AREA 1 ,000 S.F 1,000 S.F 1,000 S.F. N/A
MIN FRONT YARD 20 FEET* 20 FEET 20 FEET- 25 FEET
11 FEET*
MIN SIDE YARD - SINGLE 6 FEET 5 FEET 0 FEET or 6 FEET GREATER GREATER OF 15 FEET
STORY OF 10 FEET OR 1/2 BH
OR %z BH
MIN SIDE YARD - TWO- 7.5 FEET GREATER OF 10 GREATER GREATER OF 10 FEET
STORY 5 FEET FEET OR 1/2 BH OF 10 FEET OR 1/2 BH
OR %z BH
MIN REAR YARD 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET
OR' BH
MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET
MIN. DISTANCE BETWEEN 12 FEET 12 FEET GREATER GREATER OF 15 FEET
STRUCTURES - SINGLE 10 FEET OF 20 FEET OR 1/2 SUM OF BH
STORY OR %z THE
SUM OF BH
MIN. DISTANCE BETWEEN 15 FEET GREATER OF 20 GREATER GREATER OF 20 FEET
STRUCTURES - TWO-STORY 10 FEET FEET OR Yz THE OF 20 FEET OR 1/2 THE SUM OF BH
SUM OF BH OR ' THE
SUM OF BH
MIN. DISTANCE BETWEEN 13.5 FEET N/A N/A GREATER OF 20 FEET
ONE STORY and MULTI- 10 FEET OR Yz THE SUM OF BH
STORY STRUCTURES
MAX. BUILDING HEIGHT 35 FEET 40 FEET 45 FEET 50 FEET
NOT TO EXCEED (ZONED)
MAX. BUILDING HEIGHT 45 FEET 45 FEET 60 FEET 60 FEET
NOT TO EXCEED (ACTUAL)
Wordsktruck through are deleted;words underlined are added,
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Bent Creek Preserve PL-2015-871 October 8,2015 Page 1 of 3
Exhibit A
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ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S. S.P.S. 20 FEET
SIDE S.P.S. S.P.S. S.P.S. 1/2 BH
REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 10 FEET
(DETACHED) 5 FEET 5 FEET 20 FEET 20 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET
MINIMUM DISTANCE 12 FEET 12 FEET 12 FEET GREATER OF 15 FEET
BETWEEN STRUCTURES 10 FEET OR Y BH
MAX. BUILDING HEIGHT 35 FEET 35 FEET 35 FEET 40 FEET
NOT TO EXCEED (ZONED)
MAX. BUILDING HEIGHT 40 FEET 40 FEET 40 FEET 40 FEET
NOT TO EXCEED (ACTUAL)
FS.P.S. = Same as Principal Structures
BH = Building Height - unless otherwise noted, all building heights shall be "zoned" building heights, as
defined in the LDC.
Residences with side loaded garages may have a minimum 15 foot front yard*Roof overhangs shall not protrude into utility
easements.
Notes:
1) No structures are permitted in the required 20-foot lake maintenance easement. No setback is required
for structures adjacent to a lake maintenance easement.
2) Side yards —No side yard shall be required between units, within one building, when more than one
residential unit is in a single structure(i.e.:attached single-family and townhomes).
3) Terraced setbacks are permitted for either two or three story multi-family structures. Side yard setbacks
shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot
exterior building wall setback is provided for floors above the first floor as depicted in Figure 1 below.
4) Firewall protrusions into required yards are permitted up to three(3') feet but shall not encroach into
anv easements.
5) Entrance features(i.e.:monuments,clock towers and colonnades)may be located at the project entrance
and shall be limited to a maximum height of 50 feet.
6) For all residential units,garages must be located a minimum of 23 feet from the back of the sidewalk
located in the street rights-of-way closest to the garage,except for side load garages,wherein a parking
area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked
across a portion,or all of the referenced sidewalk.
7) No more than ten(10)attached dwelling units are permitted per building.-
8) In order to support a canopy tree with a minimum 20-foot crown spread as required in LDC Section
4.06.05,individual lots must accommodate enough space for the entire 20-foot canopy to be located
Wordspruck through are deleted;words underlined are added_.
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Exhibit A
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wholly within the lot boundaries,excet t where the lot is adjacent to a lake maintenance easement,
landscape buffer easement,and/or preserve,in which case,a portion of the required 20-foot canopy
may protrude into such area.
PROPERTY 15 MIN
LINE EXTERIOR
-
BUILDING WALL
SETBACK
SIDE YARD
SETBACK
r I 0 0 Os
Figure 1
Words gh are deleted;wordskinderlined are added,
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Exhibit A
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