HEX Final Decision 2016-16 HEX NO. 2016— 16
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160000467 — BC Naples Investments, LLP requests an
insubstantial change to Ordinance Number 2003-11, as amended, the East Gateway Mixed
Use Planned Unit Development, to reduce the minimum lot area for single family zero lot
line units in Tract "C/R" and Tract "I/B/R" from 3,190 square feet to 2,480 square feet for
the PUD property located on the north side of Davis Boulevard and west of Collier
Boulevard in Section 34, Township 49 South, Range 26 East, Collier County, Florida
consisting of 37.35± acres.
DATE OF HEARING: April 28, 2016
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:
Staff has received no communications in opposition to this application and no members of the
public, except the applicant, were in attendance. This application reduced the minimum lot area
for single family zero lot line homes, added a footnote to the Tract "C/R" and Tract "I/B/R"
Development Standards tables to clarify that attached garages are included in the the minimum
floor area square footage calculation, and removed a scrivener's error from a prior PUD
amendment. Staff included one recommendation which is no longer needed and was thus
withdrawn. The changes requested with this petition do not change the findings and criteria used
for the original PUD application.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160000467, filed by D.
Wayne Arnold of Grady Minor and Associates, P.A., and Richard D. Yovanovich, Esq.,
representing BC Naples Investments, LLP, with respect to the property as described in the East
Gateway MPUD, Ordinance No. 03-11, as amended, for the following insubstantial changes:
• to reduce the minimum lot area for single family zero lot line units in Tract "C/R" and
Tract"I/B/R" from 3,190 square feet to 2,480 square feet;
• to add a footnote to the Development Standards tables for Tract "C/R" and "I/B/R"
stating that attached garages are included in the minimum floor area square footage
calculation for single family zero lot line structures; and
[16-CPS-01529/1253009/1]29 1 of 2
• to correct a scrivener's error in the numbering of paragraphs in Section V of the PUD.
Said changes are fully described in the East Gateway MPUD amendment attached as Exhibit
"A", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—MPUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 03-11, as amended, the East Gateway MPUD.
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.
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Date Mar Strain, Hearing Examiner
Ap'.•ved as to fo m and legality:
lisp
Sco A. Stone
Assistant County Attorney
[16-CPS-01529/1253009/1129 2 of 2
EXHIBIT "A"
to HEX No. 2016 — 16
East Gateway MPUD
Amendment to Ordinance No. 03-11, as further amended by Ordinance No. 16-02
The below sections of the East Gateway Mixed Use Planned Unit Development, attached
as Exhibit A to Ordinance Nos. 03-11 and 16-02, the East Gateway MPUD, are hereby amended
as attached hereto and incorporated herein by reference:
• Section III, entitled "COMMERCIAL/RESIDENTIAL DEVELOPMENT AREA(TRACT
"C/R")
• Section IV, entitled "INDUSTRIAL/BUSINESS PARK OR RESIDENTIAL DEVELOPMENT
AREA(TRACT"I/B/R")
• Section V, entitled "DEVELOPMENT COMMITMENTS"
SECTION III
COMMERCIAL/RESIDENTIAL DEVELOPMENT AREA (TRACT "C/R")
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s
3.5 DEVELOPMENT STANDARDS (RESIDENTIAL) (TRACT "C/R")
PRINCIPAL STRUCTURES TOWNHOUSE TWO-FAMILY MULTI- SINGLE FAMILY SINGLE
FAMILY ZERO LOT LINE FAMILY
DETACHED
Minimum Lot Area 1,800 SF 2,625 SF N/A 34982,480 SF 5,000 SF
Minimum Lot Width 18 feet 35 feet N/A 31 50
Minimum Lot Depth 100 feet 75 feet N/A 80 100
Min. Front Yard Setback*2 20 feet 20 feet 20 feet 20 feet 20 feet
Min.Side Yard Setback 0 or 5 feet 0 or 5 feet 10 feet 0 or 10 feet*3 5 feet
Min. Rear Yard Setback*4 15 feet 10 feet 15 feet 10 feet 10 feet
Maximum Building Height
Zoned 40 feet 40 feet 45 feet 30 feet 30 feet
Actual 45 feet 45 feet 50 feet 35 feet 35 feet
1 Story—12' 1 the zoned
Minimum Distance Between Structures*1 10 feet 2 Story—20' building 10 feet 10 feet
height
Floor Area Min.(S.F.),per unit 750 SF 750 SF 750 SF 1,500 SF*6 1,500 SF
Min. PUD Boundary Setback 25 feet 25 feet 25 feet 20 feet 20 feet
ACCESSORY STRUCTURES
Min. Front Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet
Min.Side Yard Setback 5 feet 0 feet*1 0 feet*1 5 feet 5 feet
Min. Rear Yard Setback*4 10 feet 5 feet 10 feet 3 feet 3 feet
Min. PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 15 feet
Minimum Distance Between Structures 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet
Maximum Height*5
Zoned 25 feet 25 feet 35 feet 25 feet 25 feet
Actual 30 feet 30 feet 30 feet 30 feet 30 feet
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be
applied by the Growth Management Division during an application for a building permit.
*1 — Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum separation is
maintained,if detached.
*2—Front entry garages must be a minimum of 23'from a sidewalk. The minimum 20'setback for a residence may be reduced to 14'for a side-loaded
or rear entry garage. Porches,entry features and roofed courtyards may be reduced to 14'.
*3—Minimum separation between adjacent dwelling units shall be 10'.
*4- Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a
platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or
lake tracts, the principal and accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the
easement/tract.
*5—Privacy walls for zero lot line units may be constructed to a maximum height of 8'.
*6—Square footage includes area of attached garages.
Note:nothing in this•MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations.
Words struck through are deleted; words underlined are added.
DRAFT 2016-02 (2016PDI)Rev2 Revised 04/28/2016
SECTION IV
INDUSTRIALBUSINESS PARK OR RESIDENTIAL DEVELOPMENT AREA
(TRACT "IB/R")
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•
4.5 DEVELOPMENT STANDARDS (RESIDENTIAL) (TRACT "IB/R"):
PRINCIPAL STRUCTURES TOWNHOUSE TWO-FAMILY MULTI-FAMILY SINGLE FAMILY SINGLE
ZERO LOT LINE FAMILY
DETACHED
Minimum Lot Area 1,800 SF 2,625 SF N/A 371992.480 SF 5,000 SF
Minimum Lot Width 18 feet 35 feet N/A 31 50
Minimum Lot Depth 100 feet 75 feet N/A 80 100
Min. Front Yard Setback*2 20 feet 20 feet 20 feet 20 feet 20 feet
Min.Side Yard Setback 0 or 5 feet 0 or 5 feet 10 feet 0 or 10 feet*3 5 feet
Min. Rear Yard Setback*4 15 feet 10 feet 15 feet 10 feet 10 feet
Maximum Building Height
Zoned 40 feet 40 feet 45 feet 30 feet 30 feet
Actual 45 feet 45 feet 50 feet 35 feet 35 feet
Minimum Distance Between Structures*1 10 feet 1 Story—12' 'A the zoned 10 feet 10 feet
2 Story-20' building height
Floor Are Min.(S.F.), per unit 750 SF 750 SF 750 SF 1,500 SF*6 1,500 SF
Min. PUD Boundary Setback 15 feet 15 feet 20 feet 15 feet 15 feet
Min. Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet
ACCESSORY STRUCTURES
Min. Front Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet
Min.Side Yard Setback 5 feet 0 feet*1 0 feet*1 5 feet 5 feet
Min. Rear Yard Setback*4 10 feet 5 feet 10 feet 3 feet 3 feet
Min. PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 15 feet
Min. Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet
Minimum Distance Between Structures 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet
Maximum Height*5
Zoned 25 feet 25 feet 35 feet 25 feet 25 feet
Actual 30 feet 30 feet 30 feet 30 feet 30 feet
Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be
applied by the Growth Management Division during an application for a building permit.
*1 — Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum separation is
maintained,if detached.
*2—Front entry garages must be a minimum of 23'from a sidewalk. The minimum 20'setback for a residence may be reduced to 14'for a side-loaded
or rear entry garage. Porches,entry features and roofed courtyards may be reduced to 14'.
*3—Minimum separation between adjacent dwelling units shall be 10'.
*4 - Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a
platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or
lake tracts, the principal and accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the
easement/tract.
*5—Privacy walls for zero lot line units may be constructed to a maximum height of 8'.
*6—Square footage includes area of attached garages.
Note:nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations.
Words struelc-through are deleted; words underlined are added.
DRAFT 2016-02 (2016PDI)Rev2 Revised 04/28/2016
SECTION V
DEVELOPMENT COMMITMENTS
•
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5.7 ENVIRONMENTAL
5.87 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
A. For commercial and/or industrial development a 25-foot wide "Type D" buffer, as
set forth in the Land Development Code, including a fence/wall, shall be installed
parallel with, and along the MPUD's westerly boundary, south of the Preserve,
' extending south to the MPUD Property boundary. For residential development,
' buffering shall be per the Collier County Land Development Code or this PUD.
5.18 MISCELLANEOUS
A. 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.
B. All other applicable state or federal permits must be obtained before
commencement of the development.
•
Words struck eugh are deleted;words underlined are added.
DRAFT 2016-02 (2016PDI)Rev2 Revised 04/28/2016