HEX Final Decision 2019-01 HEX NO. 2019-01
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20180003383 — Pulte Home Company, LLC requests an
insubstantial change to Ordinance Number 14-24, as amended, the Buckley MPUD, to
reduce the minimum setback from Airport-Pulling Road from 30 feet to 25 feet for a
single-family dwelling unit on Lot 12, Buckley Parcel Replat, as recorded in Plat Book 63,
Pages 22 through 25 of the Public Records of Collier County, Florida, located just west of
Airport-Pulling Road, approximately one half mile north of Orange Blossom Drive, in
Section 2, Township 49 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: January 10, 2019
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
should be approved.
ANALYSIS:
No objections have been received concerning this application. This change request impacts a
single lot within the development with no impact on the surrounding buffers or other lots.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20180003383, filed by Alexis
Crespo of Waldrop Engineering, P.A. representing Pulte Home Company, LLC, with respect to
the property as described in the Buckley MPUD, Ordinance No. 14-24, for an insubstantial
change to reduce the minimum setback from Airport-Pulling Road from 30 feet to 25 feet for a
single-family dwelling unit on Lot 12. Said change is fully described in the Buckley MPUD
amendment attached as Exhibit "A" and is subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—MPUD Amendment
[18-CPS-01830/1456148/1]33 1 of2
LEGAL DESCRIPTION: See Ordinance No. 14-24, the Buckley 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.
I 113 — V ow
1
Date Ma Strain, Hearing Examiner
Ape A►s to f•4 and legality:
Scott • . 'tone
Assistant County Attorney
[18-CPS-01830/1456148/1]33 2 of2
EXHIBIT A
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Page 1 of 3
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EXHIBIT B
DEVELOPMENT STANDARDS
Table I below sets forth the development standards for Residential land uses within the proposed Mixed-
Use Planned Unit Development(MPUD). Standards not specifically set forth within this application shall
be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or
Subdivision Plat.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
TOWN- MULTI- RECREATION SINGLE- TWO-
FACILITIES& FAMILY FAMILY/ RECREATION
DWELLINGS6 MAINTENANCE DETACHED DUPLEX FACILITIES
STRUCTURES
FOR MASTER PLAN FOR COMMERCIAL, FOR MASTER PLAN FOR SINGLE-FAMILY
MIXED USE OR MULTI-FAMILY ONLY AND TWO-FAMILY/DUPLEX
RESIDENTIAL ONLY
MINIMUM 3,000 N/A N/A 5,000 3,500 N/A
LOT AREA square feet square feet square feet
MINIMUM 30 feet N/A N/A 40 feet 35 feet N/A
LOT WIDTH
MINIMUM N/A
FLOOR AREA 1,200 1,000 N/A 1,200 750
OF UNITS square feet square feet square feet square feet
PUD SETBACK REQUIREMENTS
MINIMUM
BUILDING
SETBACK 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet
(FROM AIRPORT-
PULLING ROAD)
MINIMUM
BUILDING
SETBACK 20 feet 20 feet 20 feet 20 feet 20 feet
(FROM NORTH 20 feet
BOUNDARY&
SOUTH
BOUNDARY)
MINIMUM
BUILDING
SETBACK' 100 feet
(FROM WEST 100 feet 100 feet 100 feet 25 feet 25 feet
BOUNDARY)
LAKES 0 feet from 0 feet from the 0 feet from the LME 0 feet from 0 feet from 0 feet from the
the LME LME the LME the LME LME
MINIMUM YARD REQUIREMENTS
Front:2'4'5
Principal Structure
20 feet 20 feet N/A 20 feet 20 feet 20 feet
Accessory
Structure 20 feet 20 feet 20 feet SPS SPS SPS
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EXHIBIT A
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RECREATION
TOWN- MULTI- FACILITIES& SINGLE- TWO- RECREATION
HOUSE FAMILY MAINTENANCE FAMILY FAMILY/ FACILITIES
DWELLINGS STRUCTURES DETACHED DUPLEX
FOR COMMERCIAL,MIXED USE OR FOR SINGLE-FAMILY AND TWO-FAMILY
MULTI-FAMILY ONLY /DUPLEX RESIDENTIAL ONLY
Side:
Principal Structure 20 feet '/z of the SBH N/A 5 feet 5 feet 5 feet
Accessory 10 feet 10 feet 10 feet SPS SPS SPS
Structure
Rear:
Principal Structure 10 feet '/z of the BH N/A 10 feet3'8 10 feet3'8 10 feet
Accessory 10 feet 10 feet 10 feet 5 feet3•8 5 feet3•8 5 feet
Structure
Minimum
Distance Between
Structures:
10 feet '/z of the SBH N/A 10 feet 0 or 10 feet 10 feet
Principal Structure
10 feet 10 feet 0 feet 10 feet 0 or 10 feet 0 feet
Accessory
Structure
MAXIMUM HEIGHT'
Zoned:
Principal Structure 3-stories 3-stories not to
not to exceed 45 feet N/A 35 feet 35 feet 35 feet
exceed 45
Accessory feet 25 feet 25 feet SPS SPS SPS
Structure
25 feet
Actual:
Principal Structure 50 feet 50 feet N/A 40 feet 40 feet 40 feet
Accessory 32 feet 32 feet 32 feet SPS SPS SPS
Structure
1. Dumpsters and dumpster enclosures shall not encroach into the 100 foot setback from the
Western MPUD boundary.
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EXHIBIT A
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2. Garages and carports shall be 10 feet from principal structures if detached. There will be a
minimum of a 23 foot setback from the back of a sidewalk to front load garages. 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 a 10' setback.
3. Where a home site is adjacent to a landscape buffer easement or lake maintenance easement
under the Master Concept Plan for Single-Family and Two-Family/Duplex Residential Only,
and it is a separately platted tract, the principal and accessory structure setback on the platted
residential lot may be reduced to 0 feet where it abuts the easement/tract. Where the LME is not
a separate platted tract,in the shaded area shown on the"Master Concept Plan for Single-Family
and Two-Family/Duplex Residential Only",the platted residential lot may overlap the LME up
to 10 feet. The minimum principal and accessory structure setback for these lots shall be a
minimum of 10 feet, as measured from the rear lot line. In no case shall principal or accessory
structures be permitted in the LME.
4. If the parcel is directly accessed by a public or private road right-of-way, setback is measured
from the adjacent right of way line per LDC. Sidewalks shall be located in the right-of-way.
5. If the parcel is directly accessed by a private driveway, setback is measured from the back of
curb (if curbed) or edge-of-pavement (if not curbed). This would apply to multi-family
development tracts that do not have platted rights-of-way.
6. Multi-family or townhouse buildings within 150' of the west property line shall not have west
facing balconies.
7. No building shall exceed three stories in height and 45 feet (actual height) and under building
parking is prohibited.
8. In order to support a canopy tree with a minimum 20-foot crown spread as required in LDC
Section 4.06.05, a portion of the required 20-foot canopy may protrude into a lake maintenance
easement, landscape buffer easement, or the adjacent lot(s), provided the homeowners
association documents submitted at the time of PPL demonstrate common maintenance of all
landscaping internal to the development, including trees on privately owned lots.
9. A minimum building setback of 25-foot from Airport-Pulling Road is permitted for Lot 12,
Buckley Parcel Replat, according to the plat thereof as recorded in Plat Book 63, Pages 22
through 25, in the Official Public Records of Collier County, Florida.
BH=Building Height
SBH= Sum of Building Heights
LME= Lake Maintenance Easement
SPS= Same As Principal Structure
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Buckley MPUD PDI Strikethr-eugk text is deleted
Last Revised:December 3,2018 Underline text is added