Loading...
HEX Final Decision 2015-30 (See 2015-36) HEX NO. 2015—30 HEARING EXAMINER DECISION PETITION NO. PDI-PL20150000736 — Naples RV Resort, LLC requests an insubstantial change to Ordinance No. 07-85, as amended, the Naples Motorcoach Resort Commercial Planned Unit Development, to increase the maximum floor area of small motorcoach utility buildings from 100 square feet to 308 square feet; to decrease the minimum setbacks for personal utility buildings; to replace the Typical Motorcoach Lot detail exhibit; and to increase the maximum length of residency from 6 months to 9 months per year. The subject property consists of 23.2± acres located on the south side of Tamiami Trail East (U.S. 41), approximately 3/4 mile east of Collier Boulevard (S.R. 951) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. DATE OF HEARING: July 23, 2015 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 is approved. ANALYSIS: No objections were received for this application. A neighborhood information meeting (NIM) was held and no objections noted. Approximately 30 lot owners within the PUD have expressed either support or no opposition to this application as provided by the applicant. This property is developed with 184 motor coach pads. Approximately 37 of those have been sold; the remainder are owned by the developer. The requested insubstantial changes would provide all property owners with additional flexibility in placement and size of an accessory utility/storage unit. The standards incorporate language that is similar to that found in other motor coach developments. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20150000736, filed by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Naples RV Resort, LLC, with respect to the property as described in the Naples Motorcoach Resort CPUD, Ordinance No. 07-85, for the following insubstantial changes: • to increase the maximum floor area of motorcoach utility/storage buildings from 100 square feet to 308 square feet; • to define the characteristics of a utility/storage building; • to decrease the minimum setbacks for personal utility/storage buildings; [15-CPS-01437/1197398/1123 1 of2 • to replace the Typical Motorcoach Lot detail exhibit; and • to increase the maximum length of residency from 6 months to 9 months per year. Said changes are fully described in the Naples Motorcoach Resort CPUD amendment attached as Exhibit"A". ATTACHMENTS: Exhibit A— CPUD Amendment LEGAL DESCRIPTION: See Ordinance No. 07-85, the Naples Motorcoach Resort CPUD. 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. oc Date Mar Strain, Hearing Examiner Ap loved as to form and legality: Scott • . Stto Assistant County Attorney [15-CPS-01437/1197398/1123 2 of2 Naples Motorcoach Resort CPUD Amend Ordinance Number 2007-85 EXHIBIT A, PERMITTED USES ATTACHED TO ORDINANCE NUMBER 2007-85, THE NAPLES MOTORCOACH RESORT CPUD, IS HEREBY AMENDED AS FOLLOWS: EXHIBIT A NAPLES MOTORCOACH RESORT CPUD ALLOWABLE USES 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: 1. Class A motorcoach vehicles, as described herein. One (1) Class A motorcoach vehicle per"lot" (assigned parking space). Definition: Motorcoach vehicles shall be defined as those vehicles which have been categorized by the Recreational Vehicle Industry Association of America (RVIA), and the Family Motorcoach Association (FMA), as Class "A" or "Motorcoaches" and/or factory customized bus conversions, that: (a) are mobil, in accordance with the code of standards of the RVIA and FMA; (b) are self- propelled, and completely self-contained vehicles, which include all the conveniences of a home including, but not limited to cooking, sleeping, shower and bathroom facilities; (c) are structured so that the driver's seat is accessible from the living area in a walking position; (d) contain a minimum interior height of 6 feet in the living areas; (e) have a minimum length of 35 feet, a maximum length of 45 feet and a maximum width of 102 inches plus slide outs; and (f) have a fixed roof,as opposed to the "pop-up"variety. 2. any other use or service which is comparable in nature with the uses set forth herein and is found to be compatible in the district by the Board of Zoning Appeals or Hearing Examiner. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Amenities customarily associated with recreational vehicle parks, such as recreation and social facilities (both indoor and outdoor) administration buildings, service/maintenance buildings, bathrooms, laundries and similar services for occupants of the park. Recreation facilities may include but are not limited to swimming pools, tennis courts, boating facilities, playground and clubhouse for indoor recreation. 2. Utility buildings as may be required for the operation or maintenance of the park not to exceed 1000 s.f. Words underlined are additions;words struck through are deletions Naples Motorcoach Resort CPUD, PD/ Last Revised 07/28/2015 Page 1 of 7 Exhibit A to HEX Decision 2015-30 Page 1 of 7 3. Twenty-seven (27) proposed docs. 4. The existing boat ramp. 5. A boat storage facility in the approximate location shown on the CPUD Master Plan, with up to 32 spaces. The actual maximum height of the building shall be 15 feet. - •• - • • __ ' ' .Enclosed utility/storage area up to three hundred eight (308) square feet inclusive of all roofs over entries, except typical roof overhangs. Any utility/storage area may be located adiacent to its associated recreational vehicle in compliance with the setbacks provided in Exhibit B, Development Standards Principal and Accessory Structures,of the CPUD document.The utility/storage area may be part of an attached screened-in porch where such a porch is attached to the recreational vehicle as herein provided. However, the combined square footage of the enclosed utility/storage area and screened porch shall not exceed 308 square feet. Notwithstanding the foregoing, the following conditions shall apply to any enclosed utility/storage area installed, constructed or expanded after the effective date of HEX Decision No. 2015-30: i) it shall not be used as a place of business; ii) if trees or vegetation are removed during installation or construction of the enclosed utility/storage area,then they shall be replaced with like kind; iii) an enclosed utility/storage structure may not be used as a dwelling unit or a guest house. It shall not contain a bed or bedroom. Sleeping is prohibited in the enclosed utility/storage structure and the enclosed utility/storage structure shall not be occupied unless an occupied recreational vehicle as described in Exhibit A, Permitted Uses, of the PUD is present on the lot; iv) the entrance to the enclosed utility/storage structure shall face the recreational vehicle as described in Exhibit A, Permitted Uses, of the PUD and the doorway to the enclosed utility/storage structure or screen enclosure shall be no greater than a 45 degree angle when a corner mounted doorway is utilized; v) the height of any enclosed utility/storage structure is limited to one story not to exceed feet in actual height; and vi) any expansion of an existing enclosed utility/storage structure shall include the footprint of the existing enclosed utility/storage structure, except where the existing structure may encroach into the side yard setback. Words underlined are additions;words struck gh are deletions Naples Motorcoach Resort CPUD, PDI Last Revised 07/28/2015 Page 2 of 7 Exhibit A to HEX Decision 2015-30 Page 2 of 7 EXHIBIT"B", ENTITLED "DEVELOPMENT STANDARDS PRINCIPAL AND ACCESSORY STRUCTURES",ATTACHED TO ORDINANCE NUMBER 2007-85, THE NAPLES MOTORCOACH RESORT CPUD, IS HEREBY AMENDED AS FOLLOWS: EXHIBIT B NAPLES MOTORCOACH RESORT CPUD DEVELOPMENT STANDARDS PRINCIPAL AND ACCESSORY STRUCTURES Minimum Lot Area 2200 SF Minimum Tract Area NIA Minimum Lot Width 30 Feet Minimum Tract Width NIA TABLE 1 MINIMUM SETBACKS(IN FEET) HENDERSON HENDERSON MAX U.S.41 DRIVE CREEK FRONT SIDE REAR BLDG (from D.E.) HEIGHT* Office 25' 25' 25' 10' 10' 10' 25'/32' Clubhouse 25' 25' 25' 15'** 15' 20' 25'/40' Bathhouse 50' 25' 25' 20' 5' 25' 20'/27' Maintenance 25' 15' 25' 20' 5' 15' 25'/32' Bldg Boat Storage 25' 15' 25' 10' 5' 15' 13'/15' Bldg Personal Utility 2-5120' 15' X5=10'/15'**** 15' 0 5'**** 10'/17' Bldgs. Pool Deck 20' 15' 15' 15' 5' 15' NA Tennis Courts 20' 20' 25' 20' 10' 10' N/A Guard House N/A N/A N/A N/A N/A N/A 20'/25' Motorcoach 25' 20' 20' N/A 0/9*** 10' NA Slabs Other Accessory 25' 25' 25' 10' 10' 10' 25'/32' Bldg * Maximum zoned building height per LDC definition/Maximum actual building height per definition ** The porte cochere for the clubhouse shall be located 3 feet from the right-of-way. *** 0'setback on one side of lot and 9'minimum on other side;side setback for motorcoach slabs only shall be measured 20 feet from back of curb **** Personal Utility Buildings may be permitted to be constructed up to but may not encroach into any easement. Words underlined are additions;words slruc L-through are deletions Naples Motorcoach Resort CPUD,PDI Last Revised 07/28/2015 Page 3 of 7 Exhibit A to HEX Decision 2015-30 Page 3 of 7 EXHIBIT B-1, ENTITLED "NAPLES MOTORCOACH RESORT DEVELOPMENT STANDARDS TYPICAL MOTORCOACH LOT", ATTACHED TO ORDINANCE NUMBER 2007-85, THE NAPLES MOTORCOACH RESORT CPUD, IS HEREBY AMENDED: Words underlined are additions;words struck through are deletions Naples Motorcoach Resort CPUD, PDI Last Revised 07/28/2015 Page 4 of 7 Exhibit A to HEX Decision 2015-30 Page 4 of 7 1 .„ ,..iiiir r ik. i MINIM b A. rr t. LOT ii, in -w t I 1,1 -,, i.- 00 _--1-- .., . SLAB & ift. ,...--- ir ',,-,, iialigk it i UMW BLDG irtY illpi 00, .. \., SMACKS i • loilliii, ‘ areikal f..i ! or n O. � i VEHI« � \ i 0 \ 4011....._.....10..d.t,.......7%.t,........,..-..--; ♦ S y yam'-'�� y„\. , y i I g r Nam 960 Encore Phy I vplss Motorcoach Resor m aoi Naples.FL.34110 auwi w, �„ Florida umo onNo.im +-Typical Motorcoach Lo,,°""_. . ._ s AVNICMIE Exhibit A to HEX Decision 2015-30 Page 5 of 7 63.3'* O gi MINIMUM r z� o�o LOT �.� UJ TYPICAL iii: iii ,st.„,,,,essr:80 .: SLAB & 0 UTILITY BLDG w 0 it TYPICAL ,c 001104 1 iiii: vo 005 NOTORCOACH SLAB P N VEHICLE W 1,�o rte' P TYPICAL % a NAPLES MOTORCOACH RESORT CPUD ".;.5 CI -1 o.r,�.d.Nlnol and nx,u.'.Ir..r.�. +a COW S GradyNlinor MOO Vla 11x1 Rry' YRUO. T Nuulin Spring.;4lurlda 34I:14 EXHIBIT B-1 ma aiwn.MS (WI a:llg11gY99 • I.111111 51111 MOO • 1%111111'1N • 1.:nnlwapr kP'iliir 1., DEVELOPMENT STANDARDS n X Icn la toll I IIIYXI.:I-,1 I••II d WIN I.II00I,1.1 Ix��x��.li:'laxxl_xl, .,TYPICAL MOTORCOACH LOT 114m11.1!pooh. 379117.1114 u x n GraAwNinnr rnm roll%hrry 21,16111 171411 SHEET . OF 1 Exhibit A to HEX Decision 2015-30 Page 6 of 7 EXHIBIT F, DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT, ATTACHED TO ORDINANCE NUMBER 2007-85,THE NAPLES MOTORCOACH RESORT CPUD, IS HEREBY AMENDED AS FOLLOWS: EXHIBIT F NAPLES MOTORCOACH RESORT CPUD DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT 5. HURRICANE PROTECTION/PERMANENT LOCATION OF MOTORCOACH VEHICLES Motorcoach vehicles may not be permanently located on any lot and no permanent residency is allowed. Homestead exemptions are prohibited. The maximum stay shall be s+-nine months per year. Within 60 days of plat approval, the developer shall record a covenant running with the land in the Public Records of Collier County referencing this restriction on permanent residency. The owner, or user, of the unit is responsible for registering his or her arrival and departure with the manager of the resort. Failure to register shall hold the owner or user responsible for any penalties imposed by Collier County. No unoccupied motorcoaches shall be left on site during the hurricane season and all motorcoaches must be removed from the subject project if a hurricane watch is issued. Words underlined are additions;words stru=k=- - -gh are deletions Naples Motorcoach Resort CPUD, PDI Last Revised 07/28/2015 Page 7 of 7 Exhibit A to HEX Decision 2015-30 Page 7 of 7