HEX Final Decision 2023-25HEX NO. 2023-25
HEARING EXAMINER DECISION
DATE OF HEARING.
July 27, 2023
PETITION.
Petition No. NUA-PL20220003854 - Northtide Naples RV Resort on North Road - Request a
non -conforming use alteration pursuant to LDC Section 9.03.03.B to allow the continuation
of non -conforming landscape buffers and non -conforming setbacks of recreational vehicle
(RV) pads and Park models for property located within a Travel Trailer -Recreational
Vehicle Campground (TTRVC) Zoning District. The subject property is 16.3 acres located
at the Northtide Naples RV Resort on North Road, in Section 2, Township 50 South, Range
25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests an NUA pursuant to LDC Section 9.03.03.B to allow the continuation of
non -conforming landscape buffers and non -conforming setbacks of recreational vehicle (RV) pads
and Park models for property located within a Travel Trailer -Recreational Vehicle Campground
(TTRVC) Zoning District.
STAFF RECOMMENDATION.
Approval with conditions.
FINDTNGS.
The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 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. A Neighborhood Information Meeting (NIM) is not required for a Nonconforming Use
Alteration.
Page 1 of 4
6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. Leonard Mogelvang whose residence borders the western side of the RV Park
stated his objection to the petition because the RVs, pavers, and landscaping allegedly are
already too close to his property and in some areas encroach into his property.
7. The County's Land Development Code Section 9.03.03.B.5.a. through f. lists the criteria for a
non -conforming use alteration. The Hearing Examiner may approve a non -conforming use
alternation based on the following standards, as applicable.'
1. The alteration, expansion, or replacement will not increase the density of the parcel or lot
on which the nonconforming single-family dwelling, duplex, or mobile home is located.
The record evidence and testimony from the public hearing reflects that this request will
allow for the continuation of non -conforming landscape buffers and nonconforming
setbacks of recreational vehicle (RV) pads and Park models. Such continuations will not
further encroach upon the non -conforming public street setbacks along North Rd and no
additional units will be added; therefore, the density on the parcel will not increase.
2. The alteration, expansion, or replacement will not exceed the building height requirements
of the district most closely associated with the subject nonconforming use.
The record evidence and testimony from the public hearing reflects that the building height
in the TTRVC District is 30 feet; no departure from the height is being requested or
recommended for approval, thus the building height requirements will not be exceeded.
3. The alteration, expansion, or replacement will not further encroach upon any
nonconforming setback.
The record evidence and testimony from the public hearing reflects that Condition 2 of this
decision is provided to limit any alteration, expansion, and replacement and not to
encroach upon any nonconforming setback.
4. The alteration, expansion, or replacement will not decrease or further decrease the existing
parking areas for the structure.
The record evidence and testimony from the public hearing reflects that a reduction in
parking requirements has neither been sought nor has any action regarding this issue been
addressed as part of this petition.
5. The alteration, expansion, or replacement will not damage the character or quality of the
neighborhood in which it is located or hinder the proper future development of the
surrounding properties.
'The Hearing Examiner's findings are italicized.
Page 2 of 4
The record evidence and testimony from the public hearing reflects that this petition is
unlikely to damage the character or quality of the TTRVC district in which it is located.
6. Such alteration, expansion, or replacement will not present a threat to the health, safety, or
welfare of the community or its residents.
The record evidence and testimony from the public hearing reflects that the subject
nonconforming setbacks will not present a threat to the health, safety, or welfare of the
Northtide Naples RV Resort community.
ANALYSIS.
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 Section
9.03.03.B.5.a through f. of the Land Development Code to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number NUA-PL20220003854, filed by
Adam Pitts, P.E. of Kimley-Horn & Associates and Jeff Wright, Esq. of Henderson, Franklin,
Starnes & Holt, P.A., on behalf of James Williams as Vice -President of CPI Rock Creek Owner,
LLC, with respect to the property described as the 16.3 acres located at the Northtide Naples RV
Resort on North Road, in Section 2, Township 50 South, Range 25 East, Collier County, Florida,
for the following:
• A Non -conforming Use Alteration (NUA) to allow the continuation of non -conforming
landscape buffers and non -conforming setbacks of recreational vehicle (RV) pads and park
models for property located within a Travel Trailer -Recreational Vehicle Campground
(TTRVC) Zoning District.
Said changes are fully described in the Revised Site Plan attached as Exhibit "A" and is subject to
the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Revised Site Plan
LEGAL DESCRIPTION.
16.3 acres located at the Northtide Naples RV Resort on North Road, in Section 2, Township 50
South, Range 25 East, Collier County, Florida
Page 3 of 4
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The Northtide Naples RV Resort Non -conforming Use Alteration shall be limited to that
which is depicted on the site plan "Northtide Naples RV Resort — Site Plan — dated 05-17-
2023," prepared by Kimley Horn.
3. The RV pads and Park models on the rental RV and Park model lots adjacent to North
Road Right -of -Way are allowed to remain as shown on the Conceptual Plan within the
required 25-foot setback on the condition that Applicant waives business and severance
damages as to those lots adjacent to the North Road Right -of -Way that have pads and
models within the 25-foot setback in the event that the County or City of Naples needs
additional right-of-way for Rock Road. There is insufficient evidence presented that the
RV pads and model homes met the setback at the time they were installed.
4. Within the west boundary setback, existing vegetation will be supplemented if necessary
to achieve an opacity rating of (80%) within 180 days issuance of the Hearing Examiners
Decision.
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. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
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.
August 22, 2023
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 4 of 4
EXHIBIT "A"
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