HEX Final Decision 2014-15 HEX NO. 2014— 15
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140000504 — 6900 Airport Pulling, LLC is requesting an
insubstantial change to the Naples View RPUD, Ordinance No. 2012-22, to remove
townhouse dwelling units and two-family, duplex dwelling units from the list of permitted
uses; reduce the maximum development density from 66 to 33 dwelling units; amend the
Master Plan to reflect changes to dwelling unit density and access to adjacent property;
add new LDC deviations relating to boundary marker signs and project entrance ground
or wall signs; change the name of the PUD Managing Entity; and delete development
commitments relating to the Transportation Concurrency Management density bonus and
requirements for vehicular, pedestrian, and bicycle access and facilities. The subject
property is located on the east side of Airport Pulling Rd, south of Orange Blossom Dr., in
Section 1, Township 49 South, Range 25 East, Collier County, Florida, consisting of 11.32±
acres.
DATE OF HEARING: June 26, 2014
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 is approved.
ANALYSIS:
After a brief presentation by the applicant, two members of the public spoke concerning this
application.
The applicant's presentation included additional justification for the removal of the
interconnection to the commercial parcel abutting their north property line. Due to the reduction
in density and changes to the project plan, the remaining viable location for an interconnection
would place it alongside an already existing sidewalk connection on Airport Road. This would
negate any substantial benefit of such an added interconnection. The applicant also addressed an
additional concern from discussions with the adjacent Walden Oaks community. One of the
deviations requested by the applicant was to add a boundary marker to the southern property
corner. The applicant noted this boundary marker will be applied to their wall feature and not
create a visibility issue to vehicles exiting Walden Oaks.
Page 1 of 3
The first public speaker stated he represented the existing Walden Oaks residential community
that borders the applicant's property on three sides. The speaker expressed support for the
changes proposed to the Naples View project.
The second public speaker requested clarification regarding access to Airport Road by the
Naples View project. At one time there was a proposal to connect Naples View to the main
entry of Walden Oaks and share that connection point to Airport Road. The speaker was assured
that such a connection to Walden Oaks was not part of this application and the connection point
for the Naples View project remains as previously approved.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140000504, filed by Alexis
Crespo,AICP of Waldrop Engineering, representing 6900 Airport Pulling, LLC, a Massachusetts
limited liability company, with respect to the property as described herein, for the following
insubstantial changes:
1. to remove townhouse/townhome dwelling units and two-family, duplex dwelling units
from the list of permitted uses and development standards;
2. Combine"R1" and"R2" Residential Tracts into a single "Residential Tract"category;
3. to reduce the maximum development density from 66 to 33 dwelling units;
4. to amend the Master Plan to reflect changes to dwelling unit density and access to
adjacent property;
5. to add new LDC deviations relating to a boundary marker sign and project entrance
ground or wall signs;
6. to change the name of the PUD Managing Entity; and
7. to delete development commitments relating to the Transportation Concurrency
Management density bonus and requirements for vehicular, pedestrian, and bicycle
interconnections and facilities.
Said changes are fully described in the Naples View RPUD amendment attached as Exhibit "A".
ATTACHMENTS: Exhibit A—RPUD Amendment
LEGAL DESCRIPTION:
North one-half(N 1/2) of the North one-half(N '/2) of the Southwest one-quarter (SW 'A) of the
Southwest one-quarter(SW 1/4) of Section 1, Township 49 South, Range 25 East, Collier County,
Florida, excepting therefrom the West 100 feet thereof for State road right-of-way.
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, Collier County. 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.
- 20 1( A.4 ail,
Date Mar Strain, Hearing Examiner
Appr ed as to fo; and legality:
Scott A. Stone
Assistant County Attorney
14-CPS-01315/15
Page 3 of 3
EXHIBIT "A"
to HEX No. 2014-15
Page 1 of 8
Naples View RPUD
Amend Ordinance Number 12-22
AMENDMENT TO EXHIBIT A OF THE PUD DOCUMENT ATTACHED TO ORDINANCE
NO. 12-22, THE NAPLES VIEW RPUD.
The "List of Permitted Uses," labeled Exhibit A of the PUD Document attached to
Ordinance No. 12-22, the Naples View PUD, is hereby amended as attached hereto and
incorporated by reference herein.
AMENDMENT TO EXHIBIT B OF THE PUD DOCUMENT ATTACHED TO ORDINANCE
NO. 12-22, THE NAPLES VIEW RPUD.
The"Development Standards," labeled Exhibit B of the PUD Document attached to
Ordinance No. 12-22, the Naples View PUD, is hereby amended as attached hereto and
incorporated by reference herein.
AMENDMENT TO EXHIBIT C OF THE PUD DOCUMENT ATTACHED TO ORDINANCE
NO. 12-22, THE NAPLES VIEW RPUD.
The "PUD Master Plan," labeled Exhibit C of the PUD Document attached to Ordinance
No. 12-22, the Naples View PUD, is hereby deleted and replaced in its entirety by Exhibit C as
attached hereto and incorporated by reference herein.
AMENDMENT TO EXHIBIT E OF THE PUD DOCUMENT ATTACHED TO ORDINANCE
NO. 12-22, THE NAPLES VIEW RPUD.
The "List of Requested Deviations from LDC," labeled Exhibit E of the PUD Document
attached to Ordinance No. 12-22,the Naples View PUD, is hereby amended as attached hereto
and incorporated by reference herein.
AMENDMENT TO EXHIBIT F OF THE PUD DOCUMENT ATTACHED TO ORDINANCE
NO. 12-22, THE NAPLES VIEW RPUD.
The "Development Commitments," labeled Exhibit F of the PUD Document attached to
Ordinance No. 12-22,the Naples View PUD, is hereby amended as attached hereto and
incorporated by reference herein.
Exhibit "A" to HEX No. 2014-15
Page 2 of 8
EXHIBIT A
LIST OF PERMITTED USES
NAPLES VIEW RPUD
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for
other than the following:
A. Principal Uses and Structures:
R-1 Residential Tracts
1. Single-family detached dwelling units
2. Zero lot line units•3. - . ' . . . - .
4. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts,
volleyball courts, fishing docks,walking paths, picnic areas, recreation buildings, and basketball/shuffle
board courts.
"R2" Decidential T.actc
1. Single family detached dwelling units
2. Zero lot line units
3. Two family, duplex dwelling units
5. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts,
board courts.
Any other principal and related use that is determined to be comparable to the foregoing by the Board of
Zoning Appeals and Hearing Examiner pursuant to the process outlined in the Land Development Code
(LDC).
B. Accessory Uses:
Accessory uses customarily associated with Permitted Principal Uses including but not limited to:
1. Customary accessory uses and structures including carports, garages, and utility buildings.
2. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts,
volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle
board courts.
3. Temporary sales trailers and model units.
4. Entry Gates& Gatehouse.
5. Essential services, including interim and permanent utility and maintenance facilities.
6. Water management facilities.
Any other accessory use and related use that is determined to be comparable to the foregoing by the Board
of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC).
Naples View RPUD—PL2014-0504 Words struck through are deleted;
Last Revised: May 29,2014 Words underlined are added
Exhibit "A" to HEX No. 2014-15
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C. Development Density
A maximum of €€ 33 dwelling units shall be constructed within the RPUD, per the Transportation
Concurrency Management Ara (TCMA) bonus density provisions set forth in Exhibit F, Section 5. The
gross project area is 11.3 ±acres and the residential density maximum shall be 5.84 2_9 units per acre.
Naples View RPUD—PL2014-0504 Words struck gh are deleted;
Last Revised:May 29,2014 Words underlined are added
Exhibit "A" to HEX No. 2014-15
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EXHIBIT B
DEVELOPMENT STANDARDS
NAPLES VIEW RPUD
Development of the Naples View RPUD shall be in accordance with the contents of this Ordinance and
applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any
development order, such as, but not limited to, final subdivision plat, final site development plan, excavation
permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district shall apply.
Table I below sets forth the development standards for land uses within the Naples View RPUD. 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.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
PERMITTED USES AND Single Family Zero Lot Two Towohome Recreation
STANDARDS Detached Line Family
Doplem
Min. Lot Area 5,000 SF 4,000 SF 3,500 SF 1,400 SF N/A
Min. Lot Width 50' 40' 35= 1-6= N/A
SETBACKS
Front 12113) 15' 15' 46- 1-S- 20'
Side 5' 5'/0' 5'/0' 5'/0' 20'
Rear(Principal) 15' 10' 10'- 4$ 10'
Rear(Accessory) 0' 0' 0 0'- 0'
Water body 20' 20' 2Q 20= 20'
Airport Pulling Rd. 25' 25' 2 26= 25'
Min. Distance Between 10' 10'/0' 10'/0' 10'/0'f Sum of'A BH
Principal Structures
Max. Building Height
Zoned 35' 35' 35= 35- 35'
Actual 40' 40' 40L 40- 40'
No. of Stories 2 2 2 2 2
(1)Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 SF.
J(�}Minimum lot width may be reduced by 25%for cul-de-sac lots provided the minimum lot area requirement is maintained.
(2)1 ?The minimum 15'front yard setback may be reduced to 10'where the residence has a recessed,side entry, or rear
entry garage. In no case shall there be less than a clear area of 23 feet between the back of the sidewalk and the face of
the garage door for front entry garages.
1314}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 10' setback.
(5)Distance between buildings may be reduced at garages to a minimum of 0'where attached garages are provided, and a
10' minimum, if detached.
Naples View RPUD—PL2014-0504 Words struck through are deleted;
Last Revised:May 29,2014 Words underlined are added
Exhibit "A" to HEX No. 2014-15
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EXHIBIT C RPUD MASTER PLAN
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PLAN REVISIONS - — WALDROP
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Naples View RPUD—PL2014-0504 Words struck through are deleted;
Last Revised:May 29,2014 Words underlined are added
Exhibit "A" to HEX No. 2014-15
Page 6 of 8
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
NAPLES VIEW RPUD
Deviation 1: Deviation from LDC Section 4.06.02.0 which requires a 15-foot wide Type "B" buffer where
proposed residential uses abut existing commercial uses, to allow for a 10-foot wide Type "B" buffer where the
property abuts the commercial use to the north.
Deviation No. 2: Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned
properties up to 4 square feet in area or 3 feet in height,to allow a temporary sign or banner up to a maximum
of 32 square feet in area and a maximum of 8 feet in height, subject to approval under temporary sign permit
procedures in the LDC.The temporary sign or banner shall be limited to 28 days per calendar year.
Deviation No. 3: Deviation from LDC Section 6.06.01, which requires a minimum width of 60 feet for cul-de-sac
and local street rights-of-way, to allow for a minimum 45-foot right-of-way internal to the proposed
development.
Deviation 4: Deviation from LDC Section 6.06.01.J which prohibits dead-end streets, to allow the dead end
street shown on the RPUD Master Plan.
Deviation 5: Deviation from LDC Section 5.03.02.C.2, which permits a maximum wall height of six (6)
feet in residential zoning districts, to allow for a maximum height of eight (8) feet for a combination
wall and berm along the property lines.
Deviation 6: Deviation from LDC Section 5.06.02.B.6, which permits two (2) ground or wall signs up to 8 feet in
height per entrance to the development, to allow one (1) wall-mounted boundary marker sign at the southern
property corner fronting along Airport Pulling Road, in addition to the two (2) permissible project entry signs.
The Boundary marker sign is limited to the community name and logo, and will not exceed 16 square feet, or a
height or length greater than the wall upon which it is placed.
Deviation 7: Deviation from LDC Section 5.06.02.B.6.b, which permits two (2)ground or wall signs per entrance
to the development with a combined sign area of 64 square feet,to allow for two (2) ground or wall signs at the
project entrance with a combined sign area of 80 s.f.
Naples View RPUD—PL2014-0504 Words str-Ekek-thr-eugh are deleted;
Last Revised:May 29,2014 Words underlined are added
Exhibit "A" to HEX No. 2014-15
Page 7 of 8
EXHIBIT F
DEVELOPMENT COMMITMENTS
NAPLES VIEW RPUD
1. PURPOSE
The purpose of this Section is to set forth the general development commitments for the project. One
entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the
PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the
PUD. At the time of this the PUD approval amendment dated July 7,2014,the Managing Entity is Naples
View, LLC 6900 Airport Pulling, LLC. Should the Managing Entity desire to transfer the monitoring and
commitments to a successor entity, then it must provide a copy of a legally binding document that
needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing
Entity will be released of its obligations upon written approval of the transfer by County staff, and the
successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the
Managing Entity shall provide written notice to County that includes an acknowledgement of the
commitments required by the PUD by the new owner and the new owner's agreement to comply with
the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its
responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of PUD commitments.
2. UTILITIES
2.1 The project shall connect to the Collier County Water Sewer District(CCWSD) potable water system
at a location determined by CCWSD when capacity is available.
2.2 The project shall connect to the CCWSD wastewater collection and conveyance system at a location
determined by CCWSD when capacity is available.
2.3 The project shall connect to the CCWSD Irrigation Quality water system at a location determined by
CCWSD when capacity is available.
2.4 Should the Collier County Water Sewer District determine that it does not have sufficient capacity
to serve the project; the Developer shall either construct interim potable water, wastewater
treatment and/or non-potable water facilities, or shall postpone development until such time as
the Collier County Water- Sewer District service capacity is available to service the project. Any
interim facilities constructed by the Developer shall be constructed to Collier County
Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon
connection to the Collier County Water-Sewer District facilities. Whether potable water,
wastewater treatment and/or non-potable water facilities are provided on-site or off-site, the
Developer shall demonstrate to Collier County that adequate capacity is available at the time of
final utilities plan submittal.
2.5 All customers shall be customers of the CCWSD.
3. TRANSPORTATION
A. The project shall maintain a minimum of 100' throat distance between the Airport Pulling right-of-way
and the face of the entrance gates.
Naples View RPUD—PL2014-0504 Words struck through are deleted;
Last Revised:May 29,2014 Words underlined are added
Exhibit "A" to HEX No. 2014-15
Page 8 of 8
B. The developer shall pay a proportionate fair share for improvements to the Orange Blossom Drive and
Airport Pulling Road intersection. The proportionate fair share of the project's impacts to the
intersection shall be determined at the time of construction plan approval based upon the project's trips
as percentage of capacity improvements for the turning/through movements utilized by this site.
Payment shall be made to Collier County within 90 days of the County's request.
4. ENVIRONMENTAL
No preservation area is required as all existing, on-site vegetation is exotic.
The RPUD shall be developed with up to 66 units per Transportation Concurrency Management Area
(TCMA) bonus density, as defined in Policy 6.3 of the Future Land Use Element of the Growth
Management Plan. The developer shall provide the two (2) Transportation Demand Management (TDM)
criteria as follows:
1. Provide vehicular access to the future mixed use subdistrict to the north as shown on the
PUD Master Plan, in the form of a non exclusive access easement to the adjacent property
owner/developer to the North, conveyed prior to issuance of the first building permit.
interconnection to the future mixed use subdistrict to the north shown on the PUD Master
Plan.
Naples View RPUD—PL2014-0504 Words struck through are deleted;
Last Revised: May 29,2014 Words underlined are added