HEX Final Decision 2019-37 HEX NO. 2019—37
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20190000108 — MPO Properties Sierra Meadows LLC requests an
insubstantial change to Ordinance No. 2000-83, the Edison Village Planned Unit
Development, to modify the front yard setback from CR 951 and Lely Cultural Parkway
for Lot 12 of the Edison Village subdivision to allow buildings up to 30 feet in height to
have a setback of 25 feet. The subject PUD consists of 7.44± acres located at the northwest
quadrant of the intersection of Collier Boulevard (C.R. 951) and Lely Cultural Boulevard
in Section 22, Township 50 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: August 8, 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 members of the public were in attendance for this meeting and no objections were received.
The applicant applied for and received a site development plan that contained an error in the
front setback requirement. This was discovered after the construction of the building had already
begun. This decision will correct that error for this single lot only.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20190000108, filed by Thomas
Ebrite of Phoenix Associates of Florida, Inc. representing MPO Properties Sierra Meadows,
LLC, with respect to the property as described in the Edison Village PUD, Ordinance No. 00-83,
requesting an insubstantial change to modify the front yard setback from CR 951 and Lely
Cultural Parkway to allow buildings up to 30 feet in height to have a setback of 25 feet, only for
Lot 12 of the Edison Village subdivision. Said change is fully described in the Edison Village
PUD amendment attached as Exhibit"A", and is subject to the condition(s) set forth below.
ATTACHMENT: Exhibit A—PUD amendment
[19-CPS-01854/1491085/1] 1 of2
LEGAL DESCRIPTION: See Ordinance No. 00-83, the Edison Village PUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. The master plan for this Planned Unit Development includes a cross-section A-A of the
perimeter berm and slopes in the area of this lot. That cross-section indicates
measurements and slopes that will need minimal changes as a result of this limited
reduced setback. Such changes are deemed consistent with this reduced setback request
so long as they meet the minimum requirements of the Land Development Code.
3. The Site Development Plan (SDP) #PL20180003630 contains a reference to a provided
zoned building height of thirty-six feet. This is inconsistent with the basis for this request
and the applicant will administratively modify the SDP with information consistent with
this insubstantial change request.
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.
!(0 (NI (Ai*. P
Date Mart Strain, Hearing Examiner
Approved as to form and legality:
d4 0(/\--
eidi Ashton-Cicko
Managing Assistant County Attorney
[19-CPS-01854/1491085/1] 2 of 2
SECTION III
COMMERICAL DISTRICT
Exhibit "A"
3.6 DEVELOPMENT STANDARDS
A.Minimum lot area: Ten thousand (10,000) square feet
B.Minimum lot width: Seventy-five (75) feet, as measured by the exterior
project lines.
C.Minimum yard requirements:
1.Front yard: Twenty-five (25)feet.
2.Front yard CR 951 and Lely Cultural Parkway: The distance equal to
the height of the building, but no less than twenty-five (25)feet.
However, the minimum front yard for structures up to Thirty (30) feet in
zoned height, shall be twenty-five (25) feet for lot 12 of the Edison
Village Subdivision in Plat book 43 page 76-77.
3.Side yard: Fifteen (15)feet.
4.Rear yard: Fifteen (15)feet.
5.Any yard abutting a residential parcel and the southern property
boundary: Twenty-five (25)feet
13
words underlined are added; words are deleted
Edison Village PDI PL20190000108 Revised 4/9/2019 page 1 of 1