HEX Final Decision 2021-07HEX NO. 2021-07
HEARING EXAMINER DECISION
DATE OF HEARING.
January 28, 2021
PETITION.
PETITION NO. PDI-PL20200002077- Request for an insubstantial change to the Enbrook
Residential Planned Unit Development (RPUD) Exhibit B, Development Standards to
correctly state the 1,000 square -foot minimum floor area of the Amenity Area Principal
Structure. The subject PUD consisting of 65.88 4: acres is located on the south side of Manatee
Road approximately 1500 feet east of Collier Boulevard, in Section 10, Township 51 South,
Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Development Standards Table associated with the above -referenced RPUD incorrectly states
the minimum size as 10,000 square feet. The intent was to state the minimum size as 1,000 square
feet. This in effect is similar to a typographical error or a scrivener's error.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
5. The Petitioner and/or Petitioner's representative presented the Petition, followed by County
staff and then public comment.
Page 1 of 3
ANAI,VSIS_
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Sections
10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve Petition correcting the
scrivener's error.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL20200002077, filed by D.
Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. representing Forestar (USA) Real
Estate Group, Inc., with respect to the property as described in the Enbrook RPUD, Ordinance No.
2020-06, for the following:
• An insubstantial change to the Enbrook Planned Unit Development (PUD) to clarify the
minimum floor area of the Amenity Area Principal Structure.
Said changes are fully described in the revised Development Standards attached as Exhibit "A"
and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Revised Development Standards to Enbrook RPUD
LEGAL DESCRIPTION.
See Ordinance No. 2020-06
CONDITIONS.
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.
Page 2 of 3
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.
X.‘2...... ,----•'--
January 28, 2021
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 3 of 3
EXHIBIT "A"
EXHIBIT B
ENBROOK RPUD
DEVELOPMENT STANDARDS
Theta ble below sets forth the development standards for land uses within the Enb rook RPUD Subdistrict.
Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in
effect as of the date of approval of the SDP or subdivision plat.
STANDARDS
SINGLE FAMILY
DETACHED
TWO-FAMILY
ATTACHED
TOWNHOUSE
MULTI -FAMILY
AMENITY
AREA*6
PRINCIPAL STRUCTURE
Minimum Floor Area (per
Unit)
1,000 SF
1,000 SF
1,000 SF Per Unit
700 SF
10,0001. 000 SF
Minimum Lot Area
4,000 SF
3,500 SF
1,600 SF Per Unit
N/A
10,000 SF
Minimum Lot Width
40 feet
35 feet
16 feet
N/A
N/A
Minimum Lot Depth
100 feet
100 feet
100 feet
N/A
N/A
Maximum Height (not to
exceed 2 stories)
Zoned
Actual
35 feet
40 feet
35 feet
40 feet
35 feet
40 feet
35 feet
40 feet
35 feet
40 feet
Minimum Distance
Between Structures
10 feet
0 or 10 feet*3
0 or 10 feet*3
20 feet
% sum of BH
SETBACKS (MINIMUM)
Front Yard *1,*2
15 feet
15 feet
15 feet
15 feet
15 feet
Side Yard
5 feet
0 or 5 feet
0 or 5 feet
10 feet
%: BH
Rear Yard *4
10 feet
10 feet
10 feet
10 feet
10 feet
PUD Boundary
15 feet
15 feet
15 feet
15 feet
15 feet
Preserve
25 feet
25 feet
25 feet
25 feet
25 feet
ACCESSORY STRUCTURE*S
Maximum Height (not to
exceed 2 stories)
Zoned
Actual
35 feet
40 feet
35 feet
40 feet
35 feet
40 feet
35 feet
40 feet
35 feet
40 feet
SETBACKS (MINIMUM)
Front Yard
SPS
SPS
SPS
SPS
SPS
Side Yard
SPS
SPS
SPS
SPS
SPS
Rear Yard*4
5 feet
5 feet
5 feet
5 feet
5 feet
PUD Boundary
15 feet
15 feet
15 feet
15 feet
15 feet
Preserve
10 feet
10 feet
10 feet
10 feet
10 feet
SPS — Same as Principal Structure
Words underlined are additions; words trHe'� are deletions
Enbrook RPUD Exhibit B 2020. docx Page 3 of 13 October 12, 2020
BH — Building Height (zoned height)
LBT — Landscape Buffer Tract
LMT— Lake Maintenance Tract
*1—The minimum front yard setback may be reduced to 12' where the unit has a recessed or side entry garage. Front -entry garages shall be set back
a minimum of 23 feet from back of sidewalk.
*2 — For corner lots, only one front yard setback shall be required. The yard that does not contain the vehicle access shall provide a minimum 10'
setback.
*3—The minimum distance between buildings may be reduced to 0' with a shared wall. However, the principal structures shall maintain a 10' minimum
separation.
*4 — LBTs and LMTs will be platted or shown as separate tracts on the SDP or Plat. Where a lot abuts a LBT or LMT, the setback may be reduced to 5
feet for principal structures and zero feet for accessory structures. For lots abutting Manatee Road, landscape buffer easements may be permitted
in lieu of separate tracts where a wall is provided along Manatee Road.
*5— Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscaping or architectural embellishments
associated with the project's entrance features are permitted within the "R" and "A" designated areas abutting the project's entrance, or within
the private roadway as depicted on the RPUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where
they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height and 40 feet in
actual height.
*6 — An 8 foot wall will be installed where the amenity center is adjacent to external residential development.
Note: Nothing in this RPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations.
Words underlined are additions; words trHe'� are deletions
Enbrook RPUD Exhibit 8 2020. docx Page 4 of 13 October 12, 2020