HEX Final Decision 2016-05 HEX NO. 2016 - 05
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20150002549 — Naples RV Resort, LLC requests an insubstantial
change to Ordinance No. 07-85, as amended, the Naples Motorcoach Resort Commercial
Planned Unit Development, to add unenclosed structures to the Development Standards
table in order to clarify that unenclosed structures are subject to the same development
standards as personal utility buildings, and add pickle ball courts to the Development
Standards table in order to clarify that pickle ball courts are subject to the same
development standards as tennis courts. 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: January 28, 2016
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:
Other than representatives of the applicant, there were no members of the public in
attendance for this item and there were no objections received by staff.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20150002549, filed by D.
Wayne Arnold, AICP of Q. Grady Minor & Associates 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 add unenclosed structures to the Development Standards table in order to clarify that
unenclosed structures are subject to the same development standards as personal utility
buildings, and
• add pickle ball courts to the Development Standards table in order to clarify that pickle
ball courts are subject to the same development standards as tennis courts.
Said changes are fully described in the Naples Motorcoach Resort CPUD amendment attached as
Exhibit"A", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—RPUD Amendment
[15-CPS-01494/1236559/1] 122 1 of 2
LEGAL DESCRIPTION: See Ordinance No. 07-85, the Naples Motorcoach Resort CPUD.
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.
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Date Mark `train, Hearing Examiner
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Assistant County Attorney
[15-CPS-01494/1236559/1] 122 2 oft
EXHIBIT A
EXHIBIT"B", ENTITLED "DEVELOPMENT STANDARDS PRINCIPAL AND ACCESSORY STRUCTURES",ATTACHED
TO ORDINANCE NUMBER 2007-85, AS AMENDED, 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.5.41 DRIVE CREEK FRONT SIDE REAR BLDG
(from D.E.) HEIGHT*
Office 25' 25' 25' 10' 10' 10' 25'/32'
Clubhouse 25' 25' 25' 151** 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 20' 15' 10'/15'**** 15' 0 5'**** 10'/17'
Bldgs./Unenclosed
structures such as
chickee or tiki huts,
pergolas,trellises
Pool Deck 20' 15' 15' 15' 5' 15' NA
Tennis/Pickle Ball 20' 20' 25' 20' 10' 10' N/A
Courts
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' 15' 25' 15' 0 15' 20'/27'
Bldg
* Maximum zoned building height per LDC definition I Maximum actual building height per definition
** The porte cochere for the clubhouse shall be located 3 feet from the right-of-way.
I *** 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/unenclosed structures may be permitted to be constructed up to but may not
encroach into any easement.
Words underlined are additions;words strtuelr-tltrough are deletions
Naples Motorcoach Resort CPUD,PD! Last Revised 01/04/2015 Page 1 of 1