HEX Final Decision 2016-26 HEX NO. 2016—26
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160000403 — Global Properties of Naples, LLC requests an
insubstantial change to Ordinance Number 2015-33, as amended, the Vincentian Village
Mixed Use Planned Unit Development, to reduce the minimum floor area of multi-family
principal structures from 1,250 square feet per dwelling unit to 800 square feet per
dwelling unit, and to revise a footnote to indicate that the maximum zoned building height
of 35 feet and the maximum actual building height of 42 feet for multi-family and
townhouse principal structures shall not exceed two stories over parking. The property is
located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32,
Township 50 South, Range 26 East, Collier County, Florida, consisting of 30.68± acres.
DATE OF HEARING: July 14, 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
should be approved.
ANALYSIS:
Other than representatives of the applicant, no members of the public spoke on behalf of this
project and no written objections were received by staff.
This application involves two requests. The first is to reduce the minimum square footage of a
multi-family unit from 1250 square feet to 800 square feet. This is within an approved PUD
(planned unit development), allowing a maximum residential component of 224 multifamily
units on 30.68 acres for a per acre density of 7.3 units per acre. This density compares most
closely to a conventional RMF-6 zoning district (residential multi-family districts that allow 6
units per acre) which has a minimum unit size of 750 square feet. This PUD abuts and is
adjacent to an RSF-4 (residential single family district that allows 4 units per acre) zoning
district. The RSF-4 district allows a minimum unit size of 800 square feet.
The second request was a clarification to the height previously approved. The applicant
requested that language be added to indicate that parking is allowed under the building, as long
as the maximum height is not exceeded.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160000403, filed by Robert
J. Mulhere of Hole Montes, Inc., and Richard Yovanovich, Esq., representing Global Properties
[16-CPS-01533/1269873/1]35 1 of2
of Naples, LLC, with respect to the property as described in Ordinance Number 2015-33, as
amended, the Vincentian Village MPUD, for the following insubstantial changes:
• to reduce the minimum floor area of multi-family principal structures from 1,250 square
feet per dwelling unit to 800 square feet per dwelling unit; and
• to revise a footnote to indicate that the maximum zoned building height of 35 feet and the
maximum actual building height of 42 feet for multi-family and townhouse principal
structures shall not exceed two stories over parking.
Said changes are fully described in the Vincentian Village MPUD amendment attached as
Exhibit"A", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—MPUD Amendment
LEGAL DESCRIPTION: See Ordinance Number 2015-33, as amended, the Vincentian
Village MPUD.
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.
/ 0.. 1C) w� c �
Date Mark Strain, Hearing Examiner
Appr ed as to form nd legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01533/1269873/1]35 2 of2
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SECTION ONE:
AMENDMENT TO EXHIBIT B, DEVELOPMENT STANDARDS, I. RESIDENTIAL &
COMMERCIAL DEVELOPMENT STANDARDS, OF THE MPUD DOCUMENT
ATTACHED TO ORDINANCE NO. 2015-33, VINCENTIAN VILLAGE MIXED-USE
PLANNED UNIT DEVELOPMENT
Exhibit B, Development Standards, I. Residential & Commercial Development
Standards, of the MPUD Document attached to Ordinance No, 2015-33, Vincentian Village
Mixed-Use Planned Unit Development, is hereby amended to read as follows:
I. RESIDENTIAL & COMMERCIAL DEVELOPMENT STANDARDS
CLUBHOUSE/
RECREATION
MULTI-FAMILY TOWNHOUSE 1 BUILDINGS COMMERCIAL
PRINCIPAL STRUCTURES
MIN.LOT AREA 3,000 S.F.PER UNIT 1,800 S.F.PER UNIT N/A 10,000 S.F.
MIN.LOT WIDTH 90 FEET 21 FEET N/A 100 FEET
MIN.FLOOR AREA 800 X39 S.F./D.U. 1,250 S.F./D.U. N/A 700 S.F.2
MINIMUM YARDS(External—measured from the PUD boundary)3
From Tamiami Trail and SW 150 FEET 50 FEET 50 FEET(Tamiami 50 FEET
Blvd. Trail)
25 FEET(Southwest
Blvd.)
From adjacent RSF-4 zoned 75 FEET 75 FEET 75 FEET 75 FEET
property
From adjacent MH zoned 75 FEET 75 FEET 25 FEET 75 FEET 1
property 1
From adjacent C-3 zoned 25 FEET 25 FEET 25 FEET 25 FEET
property t
MINIMUM YARDS(Internal—measured from internal lot lines)
Min.Front Yard 20 FEET a 20 FEET a 20 FEET 10 FEET
Min.Side Yard 15 FEET 0 or 10 FEET 15 FEET 10 FEET
Min.Rear Yard 15 FEET 15 FEET 15 FEET 10 FEET
Min.Preserve Setback 25 FEET 25 FEET 25 FEET 25 FEET
Min.Lake Setback 5 20 FEET 20 FEET 20 FEET 20 FEET
MIN.DISTANCE BETWEEN 15 FT or'A sum of 10 FT or Y2 BH, 10 FEET 20 FT or 1/2 sum of
STRUCTURES BH,whichever is whichever is greater BH,whichever is
. greater greater
MAX.BUILDING HEIGHT 35 FEET¢ 35 FEET 35 FEET 45 FEET
NOT TO EXCEED(ZONED)
MAX.BUILDING HEIGHT 42 FEET 6 42 FEET 6 42 FEET 52 FEET 7
NOT TO EXCEED(ACTUAL)
MAX.FAR N/A N/A N/A 0.6 8
MAX.GROSS FLOOR AREA N/A N/A N/A 250,000 SF 9
ACCESSORY STRUCTURES
FRONT SPS SPS SPS SPS
SIDE 10 FEET 10 FEET 10 FEET 5 FEET
REAR 10 FEET 10 FEET 10 FEET 5 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET
MIN.LAKE SETBACK 10 5 FEET 5 FEET 5 FEET 5 FEET
MAX.BUILDING HEIGHT SPS SPS SPS SPS
NOT TO EXCEED(ZONED)
MAX.BUILDING HEIGHT SPS SPS SPS SPS
NOT TO EXCEED(ACTUAL)
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Exhibit "A"
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1. Defined as a group of three or more units.
2. Per principal structure,on the finished first floor;not applicable to Kiosks.
3. Dumpsters and dumpster enclosures shall not encroach into the stated perimeter PUD setbacks.
4. Front yards shall be measured as follows:
— If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line.
— If the parcel is served by a private road, setback is measured from the back of curb (if curbed)or edge of
pavement(if not curbed).
— If the parcel has frontage on two streets, the frontage providing vehicular access to the unit shall be
considered the front yard.The other frontage shall be considered a side yard.
— In no case shall the setback be less than 23 feet from the edge of an adjacent sidewalk,except in the case of
side-loaded garages,designed such that a vehicle can be parked in the driveway in such a manner so as not to
conflict with,or encroached upon,the adjacent sidewalk.
5. As measured from the Control Elevation.
6. Not to exceed two stories over parking. but in no case shall maximum zoned height exceed 35 feet and maximum
actual.height exceed 42 feet.
7. Commercial buildings located within 500 feet of US 41 may be developed at a building height of 50 feet zoned and 57
feet actual.
8. Applies to the following use:Assisted Living Facilities.
9. Subject to Land Use Conversion Factors,Exhibit B,Section III.
10. Zero feet if a 20'Lake Maintenance Easement is provided in a separate tract at time of platting.
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Exhibit "A"
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