HEX Final Decision 2014-34 HEX NO. 2014—34
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140001221 — Petitioner, Mercato Residences LLC, requests an
insubstantial change to Ordinance No. 05-58, the Mercato Mixed Use Planned Unit
Development ("MPUD"), to revise the development standards for zero lot line units in the
"R" Residential Development Areas including a reduction in the minimum building
separation to ten feet; to add Exhibit G, Residential Street Cross Section and to add
deviations to reduce the 60-foot local road to a 24-foot access easement and to allow
windows along portions of the principal building that is on the zero setback line. The
subject property consists of 53± acres of land located at the northeast corner of Vanderbilt
Beach Road and Tamiami Trail North in Section 34, Township 48 South, Range 25 East,
Collier County, Florida.
DATE OF HEARING: October 23, 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 should be approved.
ANALYSIS:
Mercato is a mixed use commercial and residential project. The specific tract that is the subject
of this application was previously designed for a multi-family product. Much of the
infrastructure for the multi-family product has been installed on this tract, including common
drainage, utilities, and roadway improvements. The applicant is proposing a change from multi-
family to single family product.
The proposed change to single family reduces the density on this tract from 83 multi-family units
to 52 single family units. Much of the previously installed infrastructure for the multi-family
product can be utilized for the single family product with the reduction of the standard road
width in the Land Development Code from 60' to 24'. The narrowed access would be allowed
as a private access easement with no responsibility for installation and maintenance by Collier
County. A cross section of this private access way is included in the Mercato MPUD
Amendment attached as Exhibit A.
[14-CPS-01370/1126467/1123 1
The change in product also required the need for additional changes in development standards to
retain as much of the previous site layout as possible. Those revised standards are fully
described in the Mercato MPUD Amendment attached as Exhibit A.
Another element of existing infrastructure is the water management easements and associated
underground lines, installed within existing Commercial Drainage Easements (CDE). The site
plan attached as Exhibit B includes the location of the CDE's.
This meeting was well attended by members of the public (approximately 35 residents),
primarily from the adjacent communities. Seven individuals expressed their concerns. General
synopsis of those discussions is as follows in the order brought forward by the speakers:
1. Are there any changes in the permeable vs. non-permeable surfaces or site elevations?
The entire system is subject to a SFWMD master permit which limits site discharge. Site
impervious area will remain equal to or less than previously approved plans and
discharge is not increasing. There are no changes proposed to site elevations.
2. A general request for more description of what was going on. A brief explanation was
provided to describe the changes between multi-family and single family product, in
addition to a presentation by the applicant. The requested changes are internal to the
Mercato project.
3. Are the road widths being reduced? The access road for the single family product is
being requested to match the width of that used for previously approved multi-family
product. This road is to be private and not maintained by the County. How about fire
access? The road is reviewed and approved by the local fire department for widths, turn
radii and other issues. Can the Hearing Examiner guarantee that the height of the
residential structures will not increase? A change in height is not being requested here,
but the process cannot guarantee that such things cannot be requested in the future.
4. How is guest parking provided for on this roadway, being as narrow as it is? Spaces are
provided interspersed within the tract; garages for parking are provided and there are
parking areas within the adjoining commercial areas within the MPUD. Where can we
find additional drainage information? County staff can provide that information if
contact information is provided to them.
5. A statement was made that the roads are not complete. Correct, however infrastructure
(utilities) are installed within the road alignment in addition to stabilized road base. Lime
rock and asphalt have not yet been installed. What are the working days allowed for
construction? Monday thru Saturday.
6. What is the location of the road? The road being changed is within the Mercato project.
Are preserves being changed? No changes to any preserves are proposed with this
request. Impact from noise and activities are influenced by a wall and buffers, can the
buffers be increased with more dense species, such as bamboo? Buffers are not changing
at this meeting. Due to the proposed decrease in intensity, there should be less of an
impact over the previously proposed multi-family.
7. Currently there is a chain link fence and little foliage near the adjoining pool area, can
this be looked into? Staff will review what is installed against what is required. Will the
adjoining project in Pelican Marsh be looking at or hearing air conditioning units? The
air conditioning units will be placed according to code requirements but will be located
on the Mercato PUD with the unit they serve.
[14-CPS-01370/1126467/1123 2
DECISION:
The Hearing Examiner hereby approves Petition Number PDI- PL20140001221, filed by D.
Wayne Arnold, AICP representing Mercato Residences, LLC, with respect to the property as
described in the Mercato MPUD, Ordinance No. 05-58, for the following insubstantial changes:
• to revise the development standards for zero lot line units in the "R" Residential
Development Areas including a reduction in the minimum building separation to ten feet;
• to add Exhibit G, Residential Street Cross Section;
• to add Exhibit H, Setback Exhibit, to allow for a reduced lot width for Lot 34 of
Residences At Mercato and to establish minimum setbacks for Lots 34-43;
• to add deviations to reduce the 60-foot local road to a 24-foot access easement; and
• to add deviations to allow windows along portions of the principal building that is on the
zero setback line.
Said changes are fully described in the Mercato MPUD amendment attached as Exhibit"A", and
are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—MPUD Amendment
Exhibit B—Site Plan
LEGAL DESCRIPTION: See Ordinance No. 05-58, the Mercato MPUD.
CONDITIONS:
There will be no buildings allowed within commercial drainage easements.
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. I/ /
( S 20 l`-( LljDate Strain, Hearing Examiner
A rov as t and legality:
Scott A. Stone
Assistant County Attorney
[14-CPS-01370/1126467/1123 3
Mercato MPUD
Amend Ordinance Number 2005-58
SECTION IV, ENTITLED "RESIDENTIAL DEVELOPMENT AREAS" OF THE PUD DOCUMENT ATTACHED
TO ORDINANCE NUMBER 2005-58,THE MERCATO MPUD, IS HEREBY AMENDED AS FOLLOWS:
TABLE I
MERCATO PUD
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS AND"MU" BUILDINGS
R R R MU
Single Family
Multi-Family Multi-Family
Permitted Uses and Single Family Dwellings Dwellings
Standards Zero Lot Line Attached,Two Family above
and Townhouse
commercial
Minimum Lot Area 4,000 SF 1,700 SF N/A N/A
Minimum Lot Width' 40' 17' N/A N/A
Minimum Lot Depth 355' 100' N/A N/A
Front Yard4 15' 15' 15' N/A
Side Yards 0 or 15' 0 or 6' 15' 0'
Rear Yard 15' 15' 15' 0'
Rear Yard Accessory 10' 10' 10' 0'
Preserve
Principal 25' 25' 25' 25'
Accessory 10' 10' 10' 10'
4 stories over
first floor
40'over 1 commercial
Maximum Bldg Height6 35' 35' level of not to exceed
zoned height
parking of 63'and
actual height
of 72'
Distance Between
Detached Principal 12101-2 12' 12' 0'
Strucutres273
Floor Area Min. 1,000 SF 1,000 SF 1,000 SF 750 SF
All distances are in feet unless otherwise noted.
1 — Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area
requirement is maintained. Lot 34 may have a further reduced lot width (as shown on Residences at
Mercato Setback Exhibit Lots 34-431.
Words underlined are additions;words struck-through are deletions
Mercato MPUD,PDI PL20140001221 Last Revised 11/05/2014 Page 1 of5
Exhibit A to HEX No. 2014-34 Page 1 of 8
2-Zero foot (0') minimum side setback on one side as long as a minimum 1-2-10-foot separation between
principal structures is maintained for zero lot line units.
3 - Building distance may be reduced at garages to a minimum of 0 feet where attached garages are
provided.
4-Front yard setback shall be measured from back of curb. Building front entry garages shall be set back
a minimum of 23 feet from edge of any provided sidewalk. The minimum 15 foot front yard may be
reduced to 10 feet where the residence is served by a side-loaded or rear entry garage.
5. - Side yards for accessory uses in single-family attached, two-family, townhouse, and multi-family
dwellings shall be the same as for principal structures.
6. - Buildings located adjacent to the Pelican Marsh PUD shall be restricted to a maximum height of 2
stories, not to exceed 35 feet in height.
7. - The front, side, and rear yard setbacks for Lots 34-43 shall comply with the minimum setbacks
depicted on Exhibit H, Setback Exhibit Lots 34-43.
Words underlined are additions;words struc'*G°ough are deletions
Mercato MPUD, PDI PL20140001221 Last Revised 11/05/2014 Page 2 of 5
Exhibit A to HEX No. 2014-34 Page 2 of 8
TABLE OF CONTENTS OF EXHIBIT "D", ENTITLED "MERCATO DESIGN GUIDELINES" OF THE PUD
DOCUMENT ATTACHED TO ORDINANCE NUMBER 2005-58, THE MERCATO MPUD, IS HEREBY AMENDED
TO ADD AS FOLLOWS:
EXHIBIT D
MERCATO DESIGN GUIDELINES
Table of Contents
*** *** *** *** *** Text break *** *** *** *** ***
EXHIBITS
Exhibit A Typical Main Street Landscape Design Plan
Exhibit B Typical Side Street Landscape Design Plan
Exhibit C Typical Parking Garage Landscape Area
Exhibit D Typical Rear of Main Street Buildings Landscape Design within Parking Area
Exhibit E Typical MU/R Interface Landscape Area and Residential Parking Garage Interface
Exhibit F Typical Street Tree Landscape and Building Foundations Planting Plan
Exhibit G Residential Street Cross-Section
Exhibit H Setback Exhibit Lots 34-43
Words underlined are additions;words strueli-through are deletions
Mercato MPUD,PDI PL20140001221 Last Revised 11/05/2014 Page 3 of 5
Exhibit A to HEX No. 2014-34 Page 3 of 8
SECTION VI OF EXHIBIT "D", ENTITLED "MERCATO DESIGN GUIDELINES" OF THE PUD DOCUMENT
ATTACHED TO ORDINANCE NUMBER 2005-58, THE MERCATO MPUD, IS HEREBY AMENDED TO ADD AS
FOLLOWS:
*** *** *** *** *** Text break *** *** *** *** ***
VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
The developer reserves the right to request substitutions to subdivision improvement and utility
design standards in accordance with Section 10.02.04 of the LDC.
The proposed primary entry road shall be designed and constructed in accordance with Chapters 4
and 6 of the LDC. Other roadways within the Mercato MPUD shall be designed and constructed in
accordance with Chapters 4 and 6 of the LDC with the following substitutions:
a. Streets and access improvements
1. Construction Standards Manual, Dead-end Streets
Cul-de-sacs may exceed a length of one thousand(1,000)feet.
2. Construction Standards Manual, Intersection Radii
Intersection radii: Street intersections shall be provided with a minimum of a 20 foot
radius (face of curb)for all internal project streets and a 35 foot radius for intersections at
project entrances.
3. Construction Standards Manual, Reverse Curves
Reverse Curves: Tangents shall not be required between reverse curves on any project
streets.
4. Access Management Policy, Resolution No.01-247
The project entrance on Vanderbilt Beach Road shall be permitted to be signalized upon
meeting County requirements.
5. Residential Street Cross-Section Deviation
From LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street
Sections and Right-of-Way Design Standards,which establishes a 60-foot wide local road to
allow a 24' wide access easement to serve the residential component of the PUD. See
Exhibit G, Residential Street Cross Section. This deviation is applicable to the "R"
Residential Development Areas only.
6. Standards for Cluster Residential Design Deviation
Words underlined are additions;words struek-through are deletions
Mercato MPUD, PDI PL20140001221 Last Revised 11/05/2014 Page 4 of 5
Exhibit A to HEX No. 2014-34 Page 4 of 8
From LDC Section 4.02.04.D, Standards for Cluster Residential Design, which requires the
zero lot line portion of the dwelling unit to be void of doors or windows where such wall is
contiguous to an adjoining lot line to allow windows along portions of the principal
building that is on the zero setback line. This deviation is applicable to the "R" Residential
Development Areas only.
Words underlined are additions;words strut gh are deletions
Mercato MPUD, PDI PL20140001221 Last Revised 11/05/2014 Page 5 of 5
Exhibit A to HEX No. 2014-34 Page 5 of 8
Exhibit "G", entitled "Residential Street Cross-Section", is hereby added to the PUD Document
attached to Ordinance No. 2005-58, the Mercato MPUD.
Exhibit G
Residential Street Cross-Section
10' P.U.E. & 10' D.E., P.U.E.
U.E. 24' &U.E.
/-(PRIVATE) ACCESS (PRIVATE)_,
EASEMENT
D.E., P.U.E. &U.E.
P/L (PRIVATE R.O.W.) P/L
10' MIN.-4'
'Y
FRONT , i FRONT
SETBACK ' ' SETBACK
TO CURB TO CURB
5' Wide Sidewalk a 10' ♦ 10' 2' 2' Valley Gutter/Curb
concrete or pavers 1 s/W
EASE
Proposed Bldg. Proposed Bldg.
p
2' Curb Existing 8" PVC San. Sewer
(Location varies per plan)
Existing 10" PVC Watermain Existing Storm RCP Pipe
(Location varies per plan) (Location varies per plan)
*10' Min. where served by side
loaded or rear entry garage.
TYPICAL SECTION N.T.S.
For "R" Residential
Development Areas
Revised 11/05/2014
Exhibit A to HEX No. 2014-34 Page 6 of 8
Exhibit"H", entitled"Setback Exhibit", is hereby added to the PUD Document attached
to Ordinance No. 2005-58,the Mercato MPUD.
Exhibit H Page 1 of 2
Mercato MPUD
Setback Exhibit Narrative
Because units within the residential tract of the Mercato MPUD are being developed with
a unique zero lot line product and are accessed via a 24' wide private access easement,
unique lot configurations result for proposed Lots 34 —43. In order to facilitate building
permit review, the applicant has created an exhibit titled, Residences at Mercato Setback
Exhibit Lots 34 — 43. This exhibit identified the minimum front, side and rear building
setbacks for each lot.
A plat has been submitted to Collier County and this exhibit will assist review staff in
determining front, side and rear lot lines and setbacks for Lots 34—43 within the project.
The sole purpose of this exhibit is to establish minimum setbacks for the proposed Lots
34—43.
Revised 11/05/2014
Exhibit A to HEX No. 2014-34 Page 7 of 8
Exhibit H Page 2 of 2
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