HEX Final Decision 2017-18 HEX NO. 2017— 18
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20170000444 — Lords Way 30, LLC requests an insubstantial
change to Ordinance No. 2014-11, as amended, the Lord's Way 30 Acre RPUD, to add one
deviation relating to parking, to modify one existing deviation relating to fences, walls and
landscape buffers, to reduce the minimum side yard setbacks and distance between
structures for single-family, single-family attached, and two-family and single-family zero
lot line principal structures, and to modify Exhibit C-2, Typical Lot Layout. The subject
property is located on the south side of The Lord's Way, approximately one-quarter mile
east of Collier Boulevard, in Section 14, Township 50 South, Range 26 East, Collier
County, Florida, consisting of 30± acres.
DATE OF HEARING: July 27, 2017
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:
No objections have been received for this application and no members of the public, other than
those associated with the Applicant, attended the hearing. A Neighborhood Information Meeting
(NIM) was held by the Applicant and no members of the public were in attendance.
Changes requested include modification to development standards for side and front setbacks
and distances between structures.
The eastern side of this RPUD borders the Florida Sports Park and the applicant has requested a
higher berm/wall combination at only that property line, to increase compatibility with the
Florida Sports Park operations, which include swamp buggy racing.
A deviation was also requested to reduce the parking requirements for community recreational
facilities. This is a compact walkable community and a majority of the units are within 500 feet
of the recreational facilities.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-20170000444, filed by Lindsay
Robin of Waldrop Engineering, P.A., on behalf of Lord's Way 30, LLC, with respect to the
property as described in the Lord's Way 30 Acre RPUD, Ordinance No. 14-11, for the following
insubstantial changes:
[17-CPS-01648/1352488/1]120 1 of2
• to add one deviation relating to parking;
• to modify one existing deviation relating to fences, walls and landscape buffers;
• to reduce the minimum side yard setbacks and distance between structures for single-
family, single-family attached, and two-family and single-family zero lot line principal
structures; and
• to modify Exhibit C-2, Typical Lot Layout to be consistent with the revised setback
standards.
Said changes are fully described in the attached Exhibit"B", Exhibit"C-2", and Exhibit"E", and
are subject to the condition(s) set forth below. Attached revised exhibits are labeled as
designated within the original RPUD document.
ATTACHMENTS: Exhibit B—Development Standards Table 1
Exhibit C-2—Typical Lot Layout
Exhibit E—List of Requested Deviations
LEGAL DESCRIPTION: See Ordinance No. 14-11, the Lord's Way 30 Acre 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.
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.
- y- 17 Y"
Date Mart Strain, Hearing Examiner
Approved as I, form and legality:
Scott A. Stone
Assistant County Attorney
[17-CPS-01648/1352488/1]120 2 of 2
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EXHIBIT B
LORD'S WAY 30 ACRE RPUD
Exhibit B Table 1 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 Land Development
Code in effect as of the date of approval of the Site Development Plan or Subdivision plat.
DEVELOPMENT STANDARDS TABLE I
PERIMETER PUD SETBACK:The perimeter PUD setback shall be,at a minimum,equal to the required width of perimeter landscape
buffers.
PLATTED RESIDENTIAL OR AMENITY CENTERWS'r „ , _
DEVELOPMENT SINGLE- SINGLE- TWO-FAMILY& TOWNHOME or CLUBHOUSE/
STANDARDS FAMILY FAMILY SINGLE-FAMILY MULTI- RECREATION
ATTACHED ZERO LOT LINE FAMILY BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 4,800 S.F.PER 1,800 S.F.PER 4,000 S.F.PER UNIT 10,000 S.F.PER N/A
UNIT UNIT BLDG.
MINIMUM LOT WIDTH 40 FEET 30 FEET 40 FEET N/A N/A
MINIMUM FLOOR AREA 1,200 S.F. 1,200 S.F.PER 1,200 S.F.PER UNIT 1,000 S.F.PER N/A
UNIT UNIT
MINIMUM FRONT YARD 20/23 FEET' 20/23 FEET' 20/23 FEET' 23 FEET N/A
MINIMUM SIDE YARD 56 FEET 0 OR 56 FEET 2 0 OR 56 FEET2 0 OR 15 FEET 20 FEET'
MINIMUM REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET 15 FEET'
MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET
SETBACK
MINIMUM DISTANCE 104-2 FEET 1028 FEET 104-2 FEET 20 FEET 12 FEET
BETWEEN STRUCTURES
MAXIMUM BUILDING 35 FEET NTE 35 FEET NTE 2 35 FEET NTE 50 FEET NTE 4 35 FEET NTE 2 STORIES
HEIGHT-ZONED 2 STORIES STORIES 2 STORIES STORIES
MAXIMUM BUILDING 42 FEET 42 FEET 42 FEET 57 FEET 42 FEET
HEIGHT-ACTUAL
ACCESSORY STRUCTURES
FRONT SPS SPS SPS 23 FEET SPS
SIDE SPS SPS SPS SPS SPS
REAR' - 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET
MAXIMUM HEIGHT S.P.S. S.P.S. S.P.S. S.P.S. S.P.S.
ZONED&ACTUAL
NTE=Not to Exceed;S.P.S.=Same as Principal Structures;BLDG.=Building;S.F.=Square Feet;N/A=Not Applicable
General:Except as provided for herein,all criteria set forth in Exhibit B below shall be understood to be in relation to individual parcel or
lot boundary lines or between structures.Condominium and/or homeowners'association boundaries shall not be utilized for determining
development standards.
Footnotes:
'Lots fronting on two streets shall provide a full front yard setback along the street with the shorter frontage,and a minimum 10'front
yard setback along the other street frontage.Front entry garages shall be at least 20 feet from the lot line,and at least 23 feet from back of
sidewalk.Where side entry garages are provided,the driveway shall be designed in such a manner so that a parked vehicle shall not
conflict with the sidewalk,however,in no case shall the front setback be less than 10'.
256'minimum side setbacks for single-family attached,two-family and single-family zero lot line must be accompanied by another 56'
minimum side setback on adjoining lot to achieve minimum 10 'separation.
3Should an"Amenity Center/Clubhouse"be constructed,it may be partially constructed up to lake edge and a deck area may extend into
(over)the lake,in accordance with the permit requirements or limitations of the South Florida Water Management District.Should the
Amenity Center/Clubhouse be constructed up to lake edge,or contain a deck area extending(over)the lake,the normally required buffer
area and landscape plantings shall redistributed to the other buffers on the Amenity Center/Clubhouse site.Refer to Deviation No.5.
4Rear yards adjacent to the Lake Maintenance Easement(or tract)or adjacent to a perimeter landscape buffer shall not be subject to the
rear yard accessory structure setback.
Lord's Way 30 Acre RPUD Words ctruak through are deleted;
Last Revised: July 27,2017 Words underlined are added
PROPERTY LINE
LAKE
LAKE CONTROL 10'SETBACK
ELEV. 20'LAKE M.E. ACCESORY
STRUCTURE TO
ACCESSORY PRESERVE
STRUCTURE
(E.G. POOL)
PROPERTY
LINE
25'SETBACK PRINCIPAL 7.—TRESIDENCE
STRUCTURE TO PRESERVE
5' MIN. FOR SINGLE FAMILY DETACHED,
0'OR 5' FOR SINGLE FAMILY i f 5' MIN.
ATTACHED, TOWNHOUSE,TWO-FAMILY "~ 5' MIN r --
AND SINGLE FAMILY ZERO LOT LINE. 5'
MIN. SIDE YARD SETBACK MUST BE
ACCOMPANIED BY ANOTHER 5' MIN.
SETBACK ON ADJOINING LOT TO
ACHIEVE MINIMUM 10'SEPARATION.
PROPERTY
20' MIN. FROM LOT LINE/23' FROM BACK LINE
OF SIDEWALK FOR FRONT-ENTRY TREE
GARAGE MAY BE REDUCED FOR SIDE
ENTRY GARAGE IF DESIGNED SO THAT b ih
a A PARKED VEHICLE WILL NOT N R.O.W_LINE 0 _ — 1
ENCROACH UPON THE SIDEWALK. IN NO I ] 10'PUE
CASE SHALL THE FRONT SETBACK OF A T 111 + 1
SIDE ENTRY GARAGE BE LESS THAN 10'. SIDEWALK
5)
0
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ROADWAY
SIDEWALK
NOT TO SCALE
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LORD'S WAY 30 Ac RPUD TYPICAL LOT LAYOUT EXHIBIT C-2 WALDROP
PREPARED
PREPARED FOR: ENGINEERING
CIVIL ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE
LORD'S WAY 30, LLC28100 BONITA GRANDE DRIVE•SURE 305
135
FILE NAME: 65301E0201 dwBO40477FL 34
B P:238.4055.77777 I::239-4055-7-7
899
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EXHIBIT E
LORD'S WAY 30 ACRE RPUD
LIST OF REQUESTED DEVIATIONS FROM LDC
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PERIMETER WALL/FENCE HEIGHT
3. Deviation No.3 seeks relief from LDC Section 5.03.02.0 Fences and Walls and Section 4.06.02.C.3,Types
of Buffers, which limit the fence or wall height to 6 feet, to allow a perimeter wall or fence and berm in
combination up to thirteen (13) feet in height, and where adjacent to the Swamp Buggy on the eastern
property line, allow a perimeter wall or fence and berm in combination up to sixteen (16) feet in height
• • with the berm
being between 2 and 5 feet in height).
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AMENITY PARKING
6. Deviation No. 6 seeks relief from LDC Section 4.05.04 G, which allows parking spaces for recreation
facilities to be computed at 25 percent of the normal requirements where a majority of the dwelling units
are within 300 feet of the recreation facilities,to allow the parking spaces for the recreation facilities to be
computed at 25 percent of the normal requirements where a majority of the dwelling units are within 500
feet of the recreation facilities.
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Lord's Way 30 Acre RPUD Words struck through are deleted;
Last Revised: July 27, 2017 Words underlined are added