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HEX Agenda 01/23/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA JANUARY 23, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON JANUARY 23, 2014, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDNENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESETATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES—December 12, 2013 4. ADVERTISED PUBLIC HEARINGS A. PETITION NO. BD-PL20130002355 — Charles Bateman requests a waiver for a 20-foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 40 feet to accommodate a docking facility for the benefit of Lot 76, Port of the Islands (the Cays) Phase II Subdivision, also described as 186 Sunset Cay in Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager] B. PETITION NO. VA-PL20130000745 — Banyan Woods Homeowner's Association, Inc. and Gary A. Godley are requesting a variance from Section 5.03.02.0 of the Land Development Code to replace two of the existing perimeter privacy walls with two new privacy walls up to ten feet in height within the residential component of the Meadowbrook Planned Unit Development.The subject property is located east of Airport Road and south of Pine Ridge Road in Section 13, Township 49 South, Range 25 East,Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager] C. PETITION NO. BDE-P120130001439 Romeo and Adriana Terezi request a waiver for a 30.9-foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 50.9 feet to accommodate a 2-slip docking facility for the benefit of Lot 3, Bayfront Gardens Subdivision, also described as 224 Barefoot Beach Boulevard, in Collier County, Florida. [Coordinator: Fred Reischl,Sr. Planner] D. PETITION NO. SV-P120130000387 - Lely Apartments, LLC requests a variance from Section 5.06.03.B of the Land Development Code to allow the replacement of an existing single use monument sign with a shared use monument sign for property located at the southwest corner of Collier Boulevard and Lely Cultural Parkway in the Lely Resort PUD in Section 22,Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Fred Reischl,Sr. Planner] E. PETITION NO. PE-20130001408—K&B Commercial Rentals#5, LLC requests a parking exemption under LDC Section 4.05.02.K.3.a(2)to allow off-site parking on a contiguous lot, Lot 6, Block 6, of the Carson Subdivision, zoned Village Residential District with a Wellfield Special Treatment Overlay(VR- ST/W-4) to serve a commercial building on Lot 1, Block 6, of the Carson Subdivision zoned General Commercial District with a Main Street Overlay Subdistrict (C-4-MSOSD). The subject property is also identified as 105 South 7th Street, Immokalee in Collier County, Florida. [Coordinator: Fred Reischl,Sr. Planner] 5. OTHER BUSINESS 6. ADJOURN =ma.. AGFNDA ITEM 4-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING GROWTI I MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JANUARY 23, 2014 SUBJECT: BD-PL20130002355. BATEMAN BOAT DOCK PROPERTY OWNER/AGENT: Owner: Charles Bateman. Agent: Kris W. Thoemke, 186 Sunset Cay Coastal Engineering Consultants, Inc. Naples, Fl 34114 3106 South Horseshoe, Drive Naples, Fl 34104 REQUESTED ACTION: The petitioner is requesting to modify an existing boat dock facility that requires a 20-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, which will allow construction of a new boat dock facility with a single boat lift and vessel protruding a total of 40 feet into a waterway that is approximately 200 feet wide. GEOGRAPHIC LOCATION: The subject site is located at 186 Sunset Cay and is further described as Lot 76, Port of the Islands Subdivision. Phase 2, Located in Section 9, Township 52 South, Range 28 East, Collier County. Florida. Folio number 68300003503. (see location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing to construct a new boat dock facility that is in the same general footprint as the existing dock facility except for the addition of a Finger dock that extends 12 feet past the existing decking. The dock facility will service 1 boat lift and vessel that will result in a total protrusion of 40 feet into the water body and is located on a single family residential lot that is approximately 83 feet in width. As noted above the proposed new boat dock facility will have a total protrusion of 40 feet from Mean High Water Line (MI IWL) of the subject property to the furthest extension of the dock facility including the vessel. There is no dredging proposed for this project. 131)-PL2013-2355, Page 1 of 8 Bateman Boat Dock Extension, December 16, 2013,(revised 12-26-13, 12-30-13, 12-31-13, 1-3-1-) z '...^' V..z' ... 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SE„e & Z" O N It N'-fr G : SUBJECT PARCEL: Sing le Family Residence, with i t h .a I z o n i ni g. d e sifr g'fr''n i t,I a'. t,i.'o0 n,1,ofrfr:ffr,,'- f .fr R Sq,,fr fr F.,frp 9,7,-,;l'-4 SURROUNDING: North: Sunset Cay ROW, then Single Family Residence, with a zon ing designation of RSF-4 East: Undeveloped Sing le Family parcel, wit a zoning designation of RSF-4 South: Inlet canal, then S ingle Fa mily Resi dence, with a zoning designation of RSF-4 West: Single Family Residence. wi th a zoning designation o f RSF-4 Aerial p hoto taken from Collier( otntY P roperty 4ppraiser websile, • . ,-6-- ., ,. .. .. --- , . .. , . , • 1.- -,ij- '..... ...,8,-,7 ,,,,-,- ,-, -- .- • I * • • or V) — 0.....,..0t Page 3 of 8 pl /013...2355' Extension. ,,_13, 1_3-14) BD- ,-- 6 ,01-', 12_26-1:,, December 1 , 12-30-13, 12-.)1 Baternan Boat Dock(re‘ised ENVIRONMENTAL EVALUATION: Environmental Services Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(11) (Manatee Protection) of the Collier County Land Development Code (]..DC) is applicable to all multi-slip docking facilities with ten (10) or more slips. The proposed facility consists of one boat slip and is therefore not subject to the provisions of this section. STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on the following criteria. In order for the HEX to approve this request, it must be determined that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with LDC Section 5.03.06 and finds the following: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed dock facility is the reconfiguration of an existing single vessel boat dock facility for another single vessel boat slip. The proposed new boat dock facility will result in a facility that remains a single boat slip, which is consistent with the allowed 2-slip provisions. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. According to the petitioner's application the water depth for the dock facility is not adequate in the area of the existing dock, which is approximately 1' Mean Low Water (MLW), to accommodate the proposed vessel noted in the petition. The application indicates that approximately 3 feet of water depth is required for the vessel with the motor down and that depth of water is not available within the 20 foot protrusion limit. BD-PL.2013-2355, Page 4 of 8 Bateman Boat Dock Extension, December 16,2013,(revised 12-26-13. 12-30-13. 12-31-13, 1-3-14) ............................ 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. According to the information submitted by the petitioner, the proposed dock facility will not adversely impact navigation on the inlet canal or other docks in the adjacent neighboring boat dock lots which are for the most part comparable in length. Additionally due to the location of proposed facility at the end of the inlet canal there is limited boat traffic to impact. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The information provided in the application indicates that the proposed dock will protrude 40 feet into a waterway that is 200 feet in width (MHW to MIW). Therefore the dock facility will protrude approximately 17.57 percent of the waterway width which means that it meets this criterion. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. According to the drawings submitted and noted by the petitioner. the proposed facility has been designed so that it does not interfere with adjacent neighboring docks or access. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration, mangrove growth,or seagrass beds.) Criterion met. As noted in the application the parcel has a reinforced or rip-rap shoreline; therefore the proposed facility meets at least one special condition not directly related to water depth in that the property contains a reinforced shoreline. While this special condition does not directly cause the need for the extension request it is a condition impacting the property. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loadinglunloading and routine maintenance, without the use of BD-PL2013-2355. Page 5 of8 Bateman Boat Dock Extension. December 16,2013,(revised 12-26-1 3, 12-30-13, 12-31-13, 1-3-14) excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The petitioner indicates that the proposed dock facility includes the reconstruction of an existing main deck structure with a new finger dock that is approximately 4.5 foot wide by 12.0 foot that extends along the north side of the proposed boat lift and vessel. There are also two currently open decking areas in the existing deck structure that will be covered with new decking. Because the proposed facility is principally contained within the same footprint of the existing deck area except for the new linger dock extension it is staffs opinion that the proposed facility allows reasonable safe access to the proposed vessel without the use of excessive additional deck area. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The subject property contains a linear waterfront that is approximately 83 feet in length according to the application. The total length of the proposed vessels is 31 feet which is less than 50 percent of the waterfront footage. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The information provided indicates that the proposed facility will not directly change the views of adjacent parcels because the proposed dock is generally consistent with existing dock facilities in the area and exceeds the riparian line setbacks. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(1) of the LDC must be demonstrated.) Criterion met. According to the information submitted by the petitioner, no seagrass beds are known to be located within 200 feet of the proposed dock facility or within this portion of the waterway. Therefore, there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The proposed facility consists of one boat slip and is therefore not subject to the provisions of this section. BD-PL2013-2355, Page 6 of 8 Bateman Boat Dock Extension. December 16.2013,(revised 12-26-13, 12-30-13, 12-31-13. 1-3-14) Staff analysis indicates that the request meets five of the five primary criteria. With regard to the six secondary criteria one of the criteria is found to be not applicable, and the request meets five of the remaining five secondary criteria. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: As to any boat dock extension petition upon which the I fearing Examiner takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of Zoning Appeals. Such appeal shall be filed with the Growth Management Division Administrator within 30 days of the action by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report dated December 16, 2013 for 13D- PL20130002355 on January 3, 2014. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BD-P120130002355. Attachments: A. Application BD-P1,2013-2355, Page 7 of 8 Bateman Boat Dock Extension. December 16,2013,(revised 12-26-13, 12-30-13, 12-31-13, 1-3-14) PREPARED BY: • Ali lir rf/ 12. . 16 . 1""0 C IA 'I SA ?ROJECT MANAGER DATE DEPAR' 'MENT OF PLANNING AND ZONING REVIEWED BY: RAYMON V. BELLOWS, ZONING MANAGER DATE DEPARTirENT OF PLANNING AND ZONING MICHAEL BOST, AICP. DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING BD-P1,2013-2355, Page 8 of 8 Bateman Boat Dock Extension. December 16,2013,(revised) Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net DOCK FACILITY EXTENSION / BOATHOUSE PETITION THIS PETITION IS FOR(check one): ❑ DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER BD-PL20130002355 REV: 1 PROJECT NAME BATSMAN BOAT DOCK DATE: 11/8/13 DATE PROCESSED DUE: 11/25/13 APPLICANT INFORMATION NAME OF APPLICANT(S) Charles Bateman ADDRESS 186 Sunset Cay CITY Naples STATE FL ZIP 34114 TELEPHONE# CELL# FAX# E-MAIL • NAME OF AGENT Kris W. Thoemke FIRM Coastal Engineering Consultants, Inc. ADDRESS 3106 S. Horseshoe Dr. CITY Naples STATE FL ZIP 34104 TELEPHONE# 239-643-2324 x 156 CELL# FAX# 239 643-1143 E-MAIL kthoemke @cecifl.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 • PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net PROPERTY LOCATION Address of Subject Property 186 Sunset Cay Section/Township/Range 9 /52S 128E Property I.D.# 'S 0 0 0 v T3 U -1 Subdivision Port of the Islands Unit Ph (I Lot(s) 76 Block(s) Current Zoning and Land use of Subject Property Single Family Residential ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-4 Vacant Land S Open Water N/A I E RSF-4 Single Family Home RSF-4 Vacant Land IP DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Modify an existing dock;see attached drawings of existing and proposed modification (Attachment 1) The following must be accompanying this application: 1) A signed, sealed survey depicting mean high water (MHW) and mean low ater (MLW), and relevant water depths measured at no less than 5-foot increments 2) A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the pr Obsed facility and the opposite bank or any dock facility on the opposite bank 3) A site plan to scale showing dimensions and location of existing and proposed dock structures, as well as a cross section showing the facility in relation to MHW/MLW and shoreline (ba k, seawall or rip-rap revetment). I .4, Co er County eiti COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.coltiergov.net I SITE INFORMATION Width of waterway: 200 1 Measurement from 0 plat 0 survey 0 visual estimate D other(specify) Total property water frontage: 83 ft. 1 5 . Setbacks: provided 23&28 ft. required ft Total protrusion of proposed facility into water: 40 ft. Number and length of vessels to use facility: 1. 31 ft.,2. ft.,3. ft. List any additional dock facilities in close proximity to the subject property and indicate the See Attachment 2, Adjacent Docking Facilities total protrusion into the waterway of each: For all petitions, in the case of signs located on properties 1 acres or more in size, the applicant shall be responsible for erecting the required sign(s). what is the size of the • property? 028 Acres Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Il] Yes 0 No If so, please provide copies. The following criteria, (pursuant to Section 5.0306 of the Land Development Code) shall be used as a guide by staff in determining its recommendation to the Collier County Planning Commission (CCPC), and by the CCPC in its decision to approve or deny a particular Dock Extension request. In order for the CCPC to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. Please provide a narrative response to the listed criteria and/or questions. Attach additional pages if necessary. 1 • 1 Coy ci County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net PRIMARY CRITERIA 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. ((The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate)) Consistent with the Collier County LDC.Also consistent with MPP 4.6.3.1.the applicant understands that he is limited to a one-slip dock. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). ((The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension)) Consistent: Existing dock has areas of exposed rock at-1' MLW; Boat draft is-3'with motor down 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an • adjacent marked or charted navigable channel. ((The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel)) Consistent-Proposed dock does not protrude into any marked channel and there are no other navigational issues 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. ((The facility should maintain the required percentages)). Consistent: Please refer to the attached supplemental response sheet for this response. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. ((The facility should not interfere with the use of legally permitted neighboring docks)) Consistent-Proposed dock does not interfere with neighboring docks.See site plan and aerial photo(Attachment 2). CCounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROW� KAN��EMEY����O� ��pL�� F��|�A �1� �� ~� PLANNXN<� ANXJRE(�MLAT|�]N (239) 352-24O0 FAX (239) 252-6358 www.colliergov.net SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depUh, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. ((There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds)) Special Condition Exists: Rock rip rap is located along the length of the shoreline 2. Whether the proposed dock facility would allow naeoonmb|e, nofe, access to the vessel for loading/unloading and routine mo|ntenanmm, without the use of excessive deck area not directly related to these functions. ((The facility should not use excessive deck area)) The c1aq�,increase in dock area resulting from the proposed modification is required for safe use of the dock and safe access to the vessel. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. ((The applicable maximum percentage should be maintained)) • The boat is 31'in length.The lot has 83'of waterfront.The boat occupies 37.3%;does not exceed the 50%criteria. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. ((The facility should not have a major impact on the view of either property owner.)) Proposed modifications to existing dock do not impact the neighbors view. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. ((If seagrass beds are pneumnt, compliance with subsection 5.03.08.1 of this code must be demonstrated)) The area was examined for seagrasses by CEC staff and no seagrasses were noted in the project area or vicinity. G. Whether or not the proposed dock facility is subject to the manatee protection requirements of subsection 5.O3.OG.E11of this code. ((If applicable, compliance with Section 5.03.06.E.ii must be demonstrated)) Consistent: Please refer to the attached supplemental response sheet for this response. • ������ SUPPLEMENTAL RESPONSE SHEET DOCK FACILITY EXTENSION PETITION 1110 APPLICANT: CHARLES BATENOAN AGENT: COASTAL ENGINEERING CONSULTANTS, INC. Primary Criteria, Question 4 Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. ((The facility should maintain the required percentages)). Consistent: The waterway is approximately 200'wide as measured from the NNW lines. The modified dock protrudes approximately 40 feet(20% of waterway)from property boundary (most restrictive line). This line is approximately five feet landward of the IVIHW line makin the protrusion into the waterway 35 feet from the MHW line, This equates to 17.57% of the width of the waterway. The existing dock extends 20 feet into the waterwa The proposed dock reconfiguration will extend an additional 20 feet into the waterway bringing the total protrusion to 40 feet as measured from the property boundary. Secondary Criteria,Question 6 •����� Whether or not the proposed dock facility is subject to the manatee protection requirements of subsection 5.O3.O8.E.11of this code. ((If applicable, compliance with Section 5.O3.O6.E.iimust be demonstrat d)) Proposed docking facility is a single-family dock and is not subject to the manatee protection requirements of5.O3.OG.E.11. The property is within critical manatee habitat sanctuary as designated in the Collier County MPP, Accordingly, the property is limited to a one-slip docking facility per 4.6.3.1 of the MPP. • GMT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252.2400 FAX (239) 252-6358 www.colliergov.net I HEREBY ATTEST THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS DOCK EXTENSION, A BUILDING PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. I UNDERSTAND THAT IF THIS DOCK EXTENSION PETITION IS APPROVED BY THE COLLIER COUNTY PLANNING COMMISSION, AN AFFECTED PROPERTY OWNER MAY FILE AN APPEAL WITHIN 14 DAYS OF THE HEARING. IF I PROCEED WITH CONSTRUCTION DURING THIS TIME, I DO SO AT MY OWN RISK. 4114174;../'&11 - Signature of Petitioner or Agent • I ATTACHMENT 1 EXISTING AND PROPOSED PLANS I [ • i i t\I 5 ..< a w z 9. Ni z a. C) g\s a. w 0 \,., S o (t) „„cz ou- w 1-- 2 L" --4 L. z <r' S c4 Ci.'.cr ' i-. .e ...w -... a. i-j, co 0 u. t-- tr cl (0 • -‘ al" ).. iii r.t) 0 Q 01 I 0 d u,uj p z < > \ (.9 z 7:(4 \ 5 "IJ w Z < u.1 '") CC < ,t N 0 r• 4;r- 0 b ...1 co co w w c, N.. Z 5..J••-• I > fe .;.? 1— °C6 tir,;iic-ti -4s92 II II z $ r. 0 -4 V t? 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Sfiff T 2 OF 2 Flt,r,Ht? • ATTACHMENT 2 ADJACENT DOCKING FACILITIES • S ................ I i H4T v --IC) Z„o wear., a 4st,l s ,..,,•:,,r,.,..,€ �� . IHgyp ¢; . , f Y . fia p 1 A}• 4 •z a �° r ter g' �' .,gam Ui � NFi It OD Or D A } 'P 4,14-it` , .'fib' ' _ 41104., 4 . Ei na ' a__ .„.,' L'. :4. ,..-1,. 7:4'....b'-.g .a i a 4 y et z � r ' s 1#rZ w s0 � 9�s et a �f L r j .� t 'YK f t t< aq +da,. �. Ts) x a'. 'Yix d`` �,,,,. __..._. .,...._._ O _....._.__ ,fir. Fa z.�t'� ��, .�'. �-,,,,,,:,M w T 4 -- , { mac. - =` 93 t?.,.. Ag 3,:.,i.` 4- iv r I 184"-`$ • ' ''i ,,,,„I•�� .,X x: �� ao Ft t o �� "� 5 � �, i t. • H H Hi i 5.-1,111 110i. ITIA c 1 , — t 1-5 ; • (•; ?7'it'fi,y3 ‘ - (:\ A WENDY J SLAW Notvy PAW:-Sate of Florida • • II <al My Comm.Egan*Oct 2$,2017 Canwatision*FF 060269 • BD-PL20130002355 REV: 1 BATEMAN BOAT DOCK DATE: 11/8/13 DUE: 11/25/13 AGENDA ITEM 4-B Coer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JANUARY 23, 2013 SUBJECT: PETITION VA-PL20130000745, BANYON WOODS PROPERTY OWNER/AGENT: Owner: Banyon Woods Homeowners Agent: Jeffery A. Nunner, P.E. Association Inc,and Gary A. Godley Nunner, LLC 3784 Progress Avenue, Suite 107 8113 Lowbank Drive, Naples, Fl 34104 Naples, Fl 34109 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for a Variance from the provisions of Land Development Code (LDC) Section 5.03.02.C. The variance being requested is to allow a 4.0 foot increase from the 6.0 foot limitation for fences and walls in residential zoning districts. The requested action (if approved) would allow a proposed total fence or wall height of up to 10.0 feet. GEOGRAPHIC LOCATION: The subject project is located at the intersection of Airport Pulling Road and Rustic Oaks Circle in the Meadowbrook PUD, in the Banyan Woods Subdivision, in Section 13, Township 49 South, Range 25 East, folio numbers 22730000414. 22730000073, and 22730000387. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request that a proposed replacement masonry wall be allowed to be constructed at a taller height than the existing six foot height wall within a limited portion of this residential development. The proposed wall height of 10 foot is an increase of 4 foot which is consistent with the elevation difference found between this residential neighborhood and the adjacent commercial development. The proposed masonry wall will be constructed in the same general location as the current wall and provide a greater degree of screening for the residents. VA-PL20130000745,Banyan Woods Variance December 23,2013(revised 12-30-13, 12-31-13 1-3-14) Page 1 of 7 a C1 5 � �...... .,.... 1 AWw F NYINL � 1 .✓ ^ ---;-- ".,l._, L u 1 1i5ut N}ONRSN1 n\ a N X tt a: v F R t E i_..., _—_,Iljblp 5)4v0 s -C 'IC (wry A \ $ SIRSffi A S_z:1,, Ct � i N (� J Ir �i S .._....._._ r sz 6n El ', 1 N ` °c 1. S( «,i_ f R rJarJ r+vl au f - •-_« _ ,Man TY DY1 ilY8 2 . I )" l'' 1 L' x, ;. I- < 91 ,, 11 0 i i) 1 A ) x‘g r— k' . at 9 \ a A,,,ti ; ,:..... ,., is,..v_Ai.,, \. > ''l'K\7));)ra r .//--. 1.._ �r LC k rn I / q .1 1 a 0. r n .a 't- 3 Cl. 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I designation Single and mu JD,specifically , ith a zonini, of'Pt ent, with ith a zonvii.elgiodpemsi evelopi)m, designation East: designation and multi-family Naples Carillon is,..,„weod Pli single an- -- ., ily the Nap Sing -1-..ntr,_• then sing Cell1Lc1 South: specifically 1 the i' , ROW. , . 0, .up, sp spec i Road Kt.) designation 1 r Pulling desi& Airport a zoning . le family. residential d . with gnation of PUB, West: , and Tennis r'-''' Rath a 1 "ly residential de:e'reril:/P/7111..h:),(n)lak.e!'-f.rtill:(*'('Ilier('(' zintv 'ebsile. Property'Apprtitser i't, „,e6 4' ' ,., ..,.,, ' -- .1,...,,i, -,'.•%,{ ' ”. ,ItA'V'', , ',A, ''' Wall ,• c,'41, : ,,,, •,,,t 4#', Wal- 0 4 ' tiifz.. tt 1 . Location - - , 3- Lo - - , , „. - 4,0 ,,, t I -.....t,A, 'lot, , --e',';, i •,- , - I ,1,4 _ tf it 1 it ' '1,' ' 6,,,,4qt,t, ■,' y: s , 'I., ' , A*-. it1-° ',1?..4$1''''',Z.,-- '11 .,/ao,.. 4.,:t• III° t t , i .,`,Aio:-- ' tft 'vgP ,- 1 ,...4, " :44. - -..:t '‘..itt -, ‘„, ,,, - 4',,,,i, ,. ff::?:''' ff' 1" ' - - 1 "- . .: A 't ,.. ---!..7,..,... 4' ' '''' 141:4; ': '' ';.' ,,,.... 141tteMar , .. . .. ,,,.„...,. ,„,. , ASIMNY „„,.....• nap ,,•, , .,, •• „••••, • ,,,, , • ,,,,,. ••', 7 -2° 4 01 ..,,,4 ,e;'),'kf''41.t..#4,- ' : 1 , '' ; .11, , - ' f .> '': 0 . - I i1p ,-4 . 0- ' , f iv- " ,,4;i1 ,, , , 0 i 0,, ‘ , ,... ,., „44.,... .‘,...‘ . ,,.., . , ft Ayr' v..I'.5 •, ,. , , . < ...., 44.000tV ovatt page 4 of 7 1.3.14) VA-PL2013 7:100020071435'(r8eav,riseYad 2:30-13ni"Woods Variance 12-31-13, -, December__, GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: The subject property is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single family, multi-family, duplex, mobile home and mixed-use projects. The Growth Management Plan (GMP) does not address individual variance requests: the Plan deals with the larger issue of the actual use. ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03 A Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location,size and characteristics of the land,structure or building involved? Yes. According to information provided by the applicant, the subject residential property was constructed at a lower elevation than the adjacent commercial development. The information provided indicates that there is on average a 3 to 5 foot elevation difference between the developments. Staff notes that current commercial developments located adjacent to residential districts are required to construct masonry walls that are 6 to 8 feet in height; however this commercial development pre-dates this requirement which required the wall to be constructed at the lower residential elevation resulting in less screening due to LDC fence/wall height limitations. Therefore, there are special conditions that are peculiar to this location in that the elevation difference between the developments renders a wall meeting LDC requirements inadequate to address compatibility issues between uses. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property,which are the subject of the Variance request? Yes. According to information provided by the applicant, the adjacent commercial development now includes a large retailer that is open 24 hours a day. The residential development pre-dates this current large extended hour retailer which represents a special condition and/or circumstance not resulting from actions by the applicant. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. According to the applicant as well as staff site observations, the current LDC compliant 6 foot height residential wall located at the lower elevation is inadequate to meet desired levels of visual and noise screening from the adjacent commercial development. This represents an undue hardship on the applicant by not providing the same level of screening required by the LDC for other similarly incompatible uses. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety and welfare? VA-PL20130000745,Banyan Woods Variance December 23,2013(revised 12-30-13, 12-31-13 1-3-14) Page 5 of 7 Yes. The proposed wall height variance of 4 feet is the average elevation difference between the commercial and residential developments. The proposed height increase will (if approved) reasonable address the health and welfare screening needs of the neighborhood. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No. As noted above if the commercial development were constructed to current standards a 6 to 8 foot masonry wall would be required on the commercial side of the development at the higher elevation to screen it from the adjacent residential district. This petition is requesting the same consideration. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes, the granting of this Variance will be harmonious with intent and purpose of the 1,,DC and there will be no injury to the neighborhood. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. As previously stated, there is an elevation difference between this residential neighborhood and the adjacent commercial development which reduces the effectiveness of the minimum standard wall and fence heights within residential districts. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION: This Variance petition was not required to go before the EAC for review and approval. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA-PE-20130000745 on January 3, 2014. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA-PL- 20130000745, Banyon Woods Variance. VA-P120130000745,Banyan Woods Vanance December 23.2013(revised 12-30-13, 12-31-13 1-3-14) Page 6 of 7 PREPARED BY: la i A • 12 .31 . 13 "'1 I IA" L SA 1 E• PROJECT MANAGER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: Z. 31 . 13 RAYmo V BELLOWS,, „ . BELLOWS ZONING MANAGER V DATE DEPART .NT OF PLANNING AND ZONING ) , iI;,, MICHAEL I3OSI, AICP. DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING Attachment: A. Conceptual Site Plan revised 10-2013 1 i I VA PL20130000745.Banyan Woods Variance December 23.2013(revised 12-30-13 12-31-131 Pagel of 1 ,- -c. 14 Co tier County • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239) 252-2400 FAX (239)252-6358 www.colliercmv.net VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT) , PROJECT NUMBER PROJECT NAME To he completed by staff DATE PROCESSED APPLICANT/AGENT INFORMATION NAME OF APPLICANT(S) Banyan Woods Homeowners Association and Gary A. Godley cio ADDRESS 3784 Progress Avenue, Suite 107 Naples, Florida 34104 TELEPHONE# 239877.7457 CELL# FAX# E-MAIL ADDRESS: janeth@directorschoicellc.com ID NAME OF AGENT Nunner,LLC ADDRESS 8113 Lowbank Dr Naples, FL 34109 TELEPHONE# 239-404-0732 CELL# 239-404-0732 FAX# n/a E-MAIL ADDRESS: jnunner@comcast,net PROPERTY DESCRIPTION Legal Description of Subject Property: provided on Conceptual Site Plan Se<tion/Township/Ronge 13 /495 /25E Property I.D.#: see exhibit A Subdivision: Banyan Woods Unit Lot: Block: Metes&Bounds Description: See exhibit A Acreage: see'"n"A Address of Subject Property(If different from Petitioner's address): BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS, . , 8/30/2010 i 1 1 Coll it r County v • ZOLI.it-R COUNTY GOVERNMENT 2800 NORTH PC,RSESHOE DRIVE GROWTH MAN AGEMENT DIVISION NA.'LE.5,, FLORIDA 34104 P.,t\t,NtNr.:.- AND REGULATION 239 2S2-2400 FAX (239) 252-6353 I I Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION:. MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE_ ZIP Ili NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS. CITY STATE ZIP F[ . ioning ..... ..p..... Land Use _ _ . N ' ' Damian oUD Co•ornectal S Banyan Woods PUD Residential E Banyan Woods PUD Rental W Arnor*Road ROW A rpol Road --] —- Minimum Yard Requirements for Subjed Property! Front: Corner Lot: Yes D No Ej Side: Waterfront Lot: Yes 0 No ID Rear: / III 813012(110 COEl: >,r Ct:u'tt.q 'I: • CL EP COUNTY GOVERNAiEl'.ir 2800 r4OR-ii- HORSESHOE DRIVE (_"-ut ..r°' MANAGEMENT Dl. ;r•!? NA I.'tS FLOP:IDA 3416,1 ?l.AN!JlNc AND REGULATION 239) 252-2400 FAX (239) 252-6358 J Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers,i.e. reduce front setback from 25'to 18'; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. For projects authorized under LDC Section 9.04.02, provide detailed description of site alterations, including any dredging and filling. N/A Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals,and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address these criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. Yes the adjacent commercial property is nigher than Banyan Woods so the effective height of the wall mil be less than 10` 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes the adjacent commercial property now includes a 24 Hour WalMart Store. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes the applicant is requesting approval of additional screening for replacement wall. 4. Will the variance, If granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety or welfare. Yes as stated in number 1 above the effective height of the wall will be less than 10'. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings,or structures in the same zoning district. No similar height walls are permitted along other portions of property adjacent Carillon PUD. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be incurious to the neighborhood, or otherwise detrimental to the public welfare. Yes in fact this variance will provide added safety to commercial and residential sides. • 8/30/2010 Out I,i i 7 County • COUN Y GOVERNMENT 2800 NORTH HORSESHOE DRIVE '"urn TH IV I.A.GEMt r,.!T DIVISION NAPLES FLORIDA 34104 "'LANNINO AND REGULATION 239) 252.2400 FAX (239; 252-6358 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. N/A ,_. 8. Will granting the variance be consistent with the growth management plan? Yes 9. Official Interpretations or Zoning Verifications: To your knowledge,has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑ No If so, please provide copies. NEIGHBORHOOD INFORMATION MEETING LDC Section 10.03.05 F.3. "Any applicant requesting variance approval or parking exemption approval must provide documentation to the Zoning Services indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient." Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted at initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. S 8/30/2010 r COttiPY COIWILV • ttler, COUNT': GOVI.4INMEI ,' 2i00 NORTH HORSESHOE DRIVE TH MANAG:EMENT DIVIS.ON NAPLES, FLORIDA 34104 PI ANNING AND REGULATION 239) 252-2400 FAX (239) 252-6358 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. Completed Application(download from website for current form) X Completed Addressing Cheddist,Signed by Addressing Deportment I X _Conceptual Site Plan 24" x 36"and one B "x 11"copy_ Survey of property showing the encroachment(measured in feet) 2 CI Ovmet/Agent Affidavit signed&notarized 1 Deeds/Lc-gars 3 — Location mop__ 1 2 Aerial photographs(taken within the previous 12 months min.scaled 5 1:1 LI l" 20O') showmn9FWCCSCodesLegend,and protect boundoty Electronic copy of all documents and plans (CDROM or Diskette) 2 Historical Survey or waiver request 1 Environmental Impoct Statement (EIS) and digital/electronic copy of EIS or [0] 41111 exemption Justification 3 Within 30 days after receipt of the first review comment letter, provide 1 X Property Owner Advisory Letter and Certification Project Narrative X FEES: • Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Review Fees: • $2,000.00 Residential 0 $5,000.00 Non-Residential fl $2,000.00 Sign Variance LI $100.00 Fire Review (:] After-The-Fact Zoning/Land Use Petitions 2x the normal petition fee 0 $925.00 Estimated Legal Advertising Fee-CCPC Meeting O $500.00 Estimated Lego!Advertising Fee- BCC Meeting (any over-or under-payment will be reconciled upon receipt of irvoice from Naples Daily News). O $2,500.00 EIS Review LI $1,000.00 Listed Species Survey(If EIS is not required) OTHER REQUIREMENTS: Elj / 672_1/0 Ny: /.2LIvne gnature Date 1111 8/30/20 10 NUNNER Engineering&Owner Representative Services • October 21, 2013 f 1300c-61 (4 5-- Re: Variance Petition for Banyan Woods replacement wall not to exceed 10' The following information is provided: I. Completed application revised) (15coiies) Conceptual Site Plan (15 copies) plus one 81/2 x 11 copy 3. Completed Owner ism is 4 4. Exhibit A Legal Descriptions 5. CD of all documents and plans 6. Cover letter(15 copies) 7. 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Sample letter to adjacent property owners • 8113 Lowbank Drive Naples, Florida 34109 • 239,404.0732 jourtner@comcast net 411 Cotiier County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239) 252-2400 FAX (239)252-6358 www,collieraov.net AFFIDAVIT ‘. . i -r-: Cr, se.;1 45 Pr es.1401..444+ 0 *1 - 13 4 11 I/g:$Pi ie'- wootor.3 4 ,94 41-.0( er-erry 4. 6-oat it. y ; Wit, being first duly sworn,depose and say that well om/ore the owners of property des -cribed herein and which is The subject matter of the proposed hearing; that all the answers to the • questions in this application, inducting the c/isdosure of interest information,all sketches,data,and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Weit understand that the information requested on this application must be complete and accurate and that the content orf this form, whether computer generated or County printed shall not be altered.Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. Nunnot,LLC; Jeffrey A.Nunner,PE As property owner Well further authorize to •d as our/ -presentative in any matters regarding this Petition. \\-1\ /L tilliii-■" 411114 L" h. , ...._ ...,.. — Stgnoture of jrit perry owner Signature of Pro. )4,6w or • 7-- e. . . V-i ..,SHe t a 001 V Gi A 4 0 0-i i. e7 Typed or Paled Nome of Owner Typed or Printiod Name of Owner dt,..3 /9re_31011,1 l 'le-Lroi,a,e7 I t/7 i ots .-i- - / I 6 t: I-1: The foregoing instrument was acknowledged before me this day of C214‘4")(2‘, 20 LI,by wheal'personally known to me or has produced „..,______ as Ve- ' identificatiok'i — State of Florida - (Sion° of Notary Public-State of Florida) County of Collier ye.,+.■','.t JANET HOWARD kThfith * t. * My COMMISSION 0 FF 011RR (Print, Tyne,,or Stomp Commissioned Name of Notary Public) fi4 - 0. ' tXP1RES,June 5,2017 .44',3,,,,, floato NJ Budget Mnry Sievitti 1 • I ///30/2010 NUNNER Engineering&Owner Representative Services • October 21,2013 e 3 0 )0-6 4 -5- Re: Variance Petition for Banyan Woods replacement wall not to exceed 10' The following information is provided: 1. Completed application (revised) (15copies) 2. Conceptual Site Plan (15 copies) plus one 81/2 x 11 copy 3. Completed Owner Affidavits (updated) 4. Exhibit A Legal Descriptions 5. CD of all documents and plans 6. Cover letter(15 copies) 7. Sample letter to adjacent property owners • 8113 Lowbank Drive Naples,Florida 34109 239.404 0732 jnunner@corncast.net • Exhibit A October, 2013 RE: PL20130000745, Variance Banyan Woods Owner: Gary A. Godley LOCATED WITHIN : FOLIO NO. 22730000387 LOT 12, OF BANYAN WOODS, AS RECORDED IN PLAT BOOK 36, PAGES 93 THRU 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Approximaetly 0.30 acres Owner: Banyan Woods Master Association, Inc. FOLIO NO. 22730000141 TRACT LS-2, OF BANYAN WOODS, AS RECORDED IN PLAT BOOK 36, PAGES 93 THRU 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Approximaetly 0.14 acres Owner: Banyan Woods Master Association, Inc. FOLIO NO. 22730000073 PORTION OF TRACT D, OF BANYAN WOODS, AS RECORDED IN PLAT BOOK 36, PAGES 93 THRU 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THAT PORTION KNOWN AS THE RESERVE AT BANYAN' WOODS CONDOMINIUM AS DESCRIBED IN O.R.B. 2982, PG. 2437 AND AS AMENDED IN O.R.B. 3221, PG. 231. Approximaetly 1.56 acres Miner,LI.,C: 8113 Lov,bank Dr. Naples, FL 34109 239,4040732 jnunner @corncast.net • NUNNER Engineering 84 Owner Representative Services October 21. 2013 e ;.-0 36,00-6 -1 4 Re: Variance Petition for Banyan Woods replacement wall not to exceed 10' The following information is provided: 1. Completed application (revised) (15copies) 2. Conceptual Site Plan (15 copies) plus one 81/2 x 11 copy 3. Completed Owner Affidavits (updated) 4. Exhibit A Legal Descriptions 5. CD of all documents and plans 6. Cover letter(15 copies Sample letter to adjacent property owners 41111 8113 1 owbank Drive Naples,Florida 34109 411 239.404.0732 j rtunner@corncast.net ---- ' NUNNER l`� �J �`��`������ ��N� m"u.""e,"u&Owner n°nnovo/,o°,s,m=, •_= October \2, 20|3 Collier County Government Michael Sawyer 2800 N. Horseshoe Drive Naples, Florida 34104 RE: PL20l30000745, Variance Banyan Woods Dear Mr. Sawyer: Please see below responses to your comments in letter dated August 7, 2013. Your co/nnnonmuocyho*n with responses below: Rejected Review: Graphics - GIS Review Reviewed By: Mariam Oche ltree Legal description doesn't match site plan Additional Comments: Written legal description and acreage is for entire P-1.3D. The folio ��N� nunzboraubmi�cdon the application is only for the parcel which the val) is located. ���� The *rineu }c8u| sbouldhe {orthatparce\. Response: Please see enclosed exhibit.A with legal descriptions and areas of subject locations. Miscellaneous Corrections Additional Please update the acres oo the application. Response: K{eviued application includes updated folio numbers and areas. Rejected Review: Zoning Review Reviewed By: Michael Sawyer Miscellaneous Corrections Additional Comments: Rev.!: Please provide a conceptual master plan sho the proposed location of the wall. Please include section-diagram showing proposed wall height related to adjacent commercial vs. residential structures (section-diagram should be conceptual). Please also note that the wall will not reduce/replace required landscape buffers. �� �� `�� 8||3l»w*m`kDrive Naples,8oridoj4109 239.404,0732 jowm,,@=vn,vustnot NUNNER Page 2 of 2 Response: Revised conceptual master plan is provided and updated as requested. • Rejected Review: County Attorney Review Reviewed 13y: Michael Sawyer Miscellaneous Corrections Additional Comments: Rev.1: Please provide legal description on separate page labeled Exhibit A for the resolution. Response: See attached Exhibit A. Miscellaneous Corrections Additional Comments: Rev.1.: On the affidavit, it needs to state Gary T Crisei is signing as president of Banyan Woods Homeowners Association, Inc. Response: Updated affidavit and application is provided and signed by two subject property owners. Miscellaneous Corrections Additional Comments: Rev.1: Please provide 8.5x11 conceptual site plan with legible text showing the proposed wall location(s). • Response: Revised 8.5 x 11 plan is encloded with legible text. The following information is provided: 1. Completed revised application(1 5copies) 2. Revised Conceptual Site Plan (15 copies)plus one 81/2 x 11 copy 3. Completed Owner Affidavits(including 2 property owners) 4. Draft of letter to adjacent property owners 5. Exhibit A (15 copies) 6. Cover letter(15 copies) 7. CD of all documents and plans Thank you and please let me know if you need any additional information. Si cerely, ,s.„..._,„5 .4. A.Nunner, PE Cc: Banyan Woods HOA • NUNNER • Engineering&Owner Representative Services October 21. 2013 e I._ D-6 307).,-a 4 Re; Variance Petition for Banyan Woods replacement wall not to exceed 10' The following information is provided; 1. Completed application (revised) (15copies) 2. Conceptual Site Plan (15 copies) plus one 8112 x 11 copy 3. Completed Owner Affidavits (updated) 4. Exhibit A Legal Descriptions 5. CD of all documents and plans 6. Cover letter(15 copies) • . ample letter to adjacent property own- . 81 13 Lowbank Drive Naples,Florida 34109 239.404 0732 jounner@comcast.net Banyan Woods Homeowners Association c/o JANET HOWARD,CAM, CMCA DIRECTORS CHOICE, LLC • 3784 Progress Ave Ste 107,Naples, FL 34104 239.877.7457 [Date) Name Address City, State Zip Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Legal Descriptions LOCATED WITHIN : FOLIO NO. 22730000387 LOT 12,OF BANYAN WOODS.AS RECORDED IN PLAT BOOK 36,PAGES 93 THRU 97,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Approximaetly 0,30 acres FOLIO NO. 22730000141 • TRACT LS-2,OF BANYAN WOODS,AS RECORDED IN PLAT BOOK 36, PAGES 93 THRU 97,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Approximaetly 0.14 acres FOLIO NO.22730000073 PORTION OF TRACT 0,OF BANYAN WOODS,AS RECORDED IN PLAT BOOK 36,PAGES 93 THRU 97,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THAI PORTION KNOWN AS THE RESERVE AT BANYAN WOODS CONDOMINIUM AS DESCRIBED IN O.R.B.2982, PG.2437 AND AS AMENDED IN O.R.B.3221, PG.231. Approximaetly 1.56 acres It is our intent to ask the County to allow us to Remove existing privacy wall and replace with privacy wall not to exceed 10 in height on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, you may choose to telephone the sender for further information. Sincerely, JANET HOWARD,CAM, CMCA DIRECTORS CHOICE, LLC • . . AGENDA ITEM 4-C Co: er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: JANUARY 23, 2014 SUBJECT: BD-PL20130001439, TEREZI BOAT DOCK EXTENSION PROPERTY OWNER/AGENT: Owner: Romeo & Adriana Terezi Agent: David Turley 2135 Imperial Circle ADK Permitting Solutions, LLC Naples, FL 34110 PO Box 111385 Naples, FL 34108 REQUESTED ACTION: The petitioner requests a 30.9-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, which will allow construction of a boat docking facility protruding a total of 50.9 feet into a waterway that is 275 feet wide. GEOGRAPHIC LOCATION: The subject site is located at 224 Barefoot Beach Boulevard in Bonita Springs and is further described as Lot 3. Bay,Tront Gardens. The folio number is 230905000306 (please see location map on the fallowing page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is a request for a 30.9-foot boat dock extension beyond the maximum 20 feet for the subject lot. The boat dock facility will contain two slips. The total overwater dock structure proposed is approximately 643 square feet and will protrude a total of 50.9 feet into a waterway that is approximately 275 feet from Mean High Water (MHW) line to the opposite shore. There is no dredging proposed for this project and the total length shoreline is approximately 80.9 linear feet. A single-family house is under construction on the site. 13D-PL20130001439 Page 1 of 8 Terezi Boat Dock Extension. iftwullitlairlir -4 lip 4p,-7,4 1 ,..,,.. , ,, 471M111° wi ri""Oki/ ifr;POI Ft iii&Of aj 1 a al EIV Mil igillks •4)- Issz v ' / ,... :,- 4. le 0V - [ , i-38 4040 ''', “. 001 , iert. a. w 41 #019) 'VI P ..*110, 0 .. • - ti . 410% a Alga IFA. 0 .. A$S1111.4•gAbt* 1r 4$17k)114 .. °' z ati 111/4‘ — 4 . il 114111 Doi 0-,401°4614741\lb: 0 ACt i w tt ,,, Ij� 41k4SVIL 4 ° I b *4 10 it PE , NI A 0#1,1a 10.,A, V * 74kVit 1 1 I. ti #0‘li 1 -I*"' ..% 111 ,_ rk i v. N YNDG 01 1011 1 411111111141111111 .,.�,, _ 1 t,....._...... 2 1 nil ii 11. 1 ,= _...� g, w I PIP In c„ ,,'. , h.,,�, ti ,, x a li l° ,__ . '., lap i I "' II ;,II a ig . I l$s ti 1 LL ///»y i } , _- ill y , -,.. �_ w i . : : ki., , II I I 11 E—I E ii � / l I r�� . . ti . Iii .c -w- a : `� 71,4111 E i 0 IL._I ; `;... Wes, OF WtXICO All r Barefoot Bar PUD (l'elY ING: , . zoned P USE & ZI,)N- -tion. A peD suRRouNDINt; LAND US': iiy house under constru‘ • le-tam or,i:L: Sing d peD houses. Lone- r PAR('J Beach) one- sUBJECI with a boat dl°rceks.:tzti°gnlee-fa_miDlY 1.,_ houses. z 8 NDING: •Iv house w .„,, ,\,hieh ,,,, zoned PU single-fan "Y ,,,TD.„ „,_. le-fami Totly across boat dock. .eh are ' ,RROuiN SU , Sing ; korY' --' ' with a across whi le I-1.e , _se v,.. . -era., North. I it( ,,_ iiy nou ievaru. a Eat: single-IamBeaeh B°u South: Barefoot West: Pt I) ' ''4 41‘•'''''V* ''''''N'C'' ';',A.•,11 fr..' . , 04. c pik) bject property ,'‘-„, • , .... , :t,,, .• ,-_, 4 s ' , 1 , f1, (Bing) ,.... , .. ., prope 4,.., bje . ct Bird's eve view ...,3 of 8 pa d.'9 g,c 30001 .3 13D-P1-2°It Dock Extension lere7i Boa D ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(11), of the Land Development Code (LDC), Manatee Protection, is applicable to multi-slip docking facilities with ten (10) or more slips. The proposed facility consists of two boat slips and is therefore not subject to the provisions of this section. STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on certain criteria. In order for the HEX to approve this request. it must find that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the HEX: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed dock facility consists of 2 boat slips. which is appropriate in relation to the 80.9 linear feet of water frontage of the subject lot. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion not met. According to the petitioner's application the water depth for the proposed dock facility is not a factor in the request. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) BD-P1.2U110001a19 Page 4 of 8 Terezi Boat Dock I'xtension. Criterion met. According to the information submitted by the petitioner, the proposed facility will not adversely impact navigation due to the width of the existing waterway and the fact that the water depth is greater than 7 feet at mean low water. The applicant notes that the facility has been designed similar to neighboring docks, so that it does not impede navigation. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. Information provided in the application indicates that the proposed dock will protrude 50.9 feet (18.5 percent) into a waterway that is 275 feet in width. The dock on the opposite shoreline protrudes 35 feet (12.7 percent). Therefore, the dock facility will maintain more (68,8 percent) than the required minimum of 50 percent of the waterway as open. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. According to the drawings submitted and noted by the petitioner, the proposed facility has been designed to fall within the subject riparian lines (with a required side-yard of 15 feet) and does not interfere with adjacent neighboring docks or access. Secondary Criteria I. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration, mangrove growth,or seagrass beds.) Criterion met. The subject shoreline is natural, not hardened, and it supports a mangrove fringe. Florida Statutes permit minimal trimming, however the dock protrusion permits the preservation of the majority of the mangrove fringe. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) BD-PL20130001439 Page 5 of 8 rerezi Boat Dock Extension. Criterion met, As shown on the drawing submitted by the petitioner, the dock area is not excessive, permitting the docking of two vessels and also permitting launching of a kayak. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. As indicated on the application, the width of the dock and vessel combination is 38 feet; therefore, the proposed dock is less than 50 percent of the property's 80.9 feet of shoreline. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The existing mangrove fringe obstructs the view of Little Hickory Bay from the first floor of residences. The view shed of neighboring properties will not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. According to the information submitted by the petitioner's consultant (Turrell, Hall & Associates). no seagrass beds were found within 200 feet of the proposed dock facility. Therefore, there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(1 I) must be demonstrated.) Criterion not applicable. The petitioner's property is a single-family lot with two slips and is not subject to the provisions of the Manatee Protection Plan. Staff analysis indicates that this request meets four of the five primary criteria. Regarding the six secondary criteria, criterion 6 is not applicable, and the request meets five of the remaining five secondary criteria. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: As to any boat dock extension petition upon which the HEX takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of Zoning Appeals. Such appeal shall be tiled with the Growth Management Division Administrator within 30 days of the Decision by the HEX. In the event that the petition has BD-PL20130001439 Page 6 of 8 Terezi Boat Dock Extension. been approved by the HEX, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for BD-PL20130001439 on January 7, 2014. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the Hearing Examiner approve Petition BD-PL20130001439. • BD-PL20130001439 Page 7 of 8 Terezi Boat Dock Extension. PREPARED BY: IRE DRLISUII AICP, SENIOR PLANNER DATE PLANNING & ZONING DEPARTMENT REVIEWED BY: RAY / ND V. BELLOWS. ZONING MANAGER DATE PLANT ING & ZONING DEPARTMENT APPROVED BY: MIKE BOSL AICP, DIRECTOR DATE PLANNING & ZONING DEPARTMENT BD-PL20130001439 Page 8 of 8 Terezi Boat Dock Extension. Go er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.colliergov.net DOCK FACILITY EXTENSION ! BOATHOUSE PETITION THIS PETITION IS FOR(check one): ® DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) Romeo&Adriana Terezi ADDRESS 2135 Imperial Circle CITY Naples STATE Florida Zip 34110 TELEPHONE# (239) 594-9306 CELL# (239)450-3088 FAX# E-MAIL rterezi @aoi.com NAME OF AGENT David Turley FIRM ADK Permitting Solutions, LLC ADDRESS PO Box 111385 CITY Naples STATE Florida no 34108 TELEPHONE# (239)273-9846 CELL# FAX# E-MAIL d.turiey07©gmail.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.colliergov.net PROPERTY LOCATION Address of Subject Property 224 Barefoot Beach Blvd Section/Township/Range 06/48/25 Property I.D.# 230905000306 Subdivision Bayfront Gardens Unit Lot(s) 3 Block(s) Current Zoning and Land use of Subject Property PUD/Single Family Residence ADJACENT ZONING AND LAND USE Zoning Land Use N PUD Single Family Residence S PUD Single Family Residence E Waterway/PUD Little Hickory Bay W PUD/ROW Barefoot Bch. Blvd. Single Family Residence DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Construct a new 643 sq.ft. single family dock with a 4'wide access walkway through the mangroves to a 6'x 38'dock, parallel to the bank with 2 slips WI boatlifts to accommodate up to a 23.5'and a 30'vessel w/a finger pier on each side of the slips. Total protrusion into the water is 50.9'which is 30.9'beyond the allowable 20'. The following must be accompanying this application: 1) A signed, sealed survey depicting mean high water (MHW) and mean low water (MLW), and relevant water depths measured at no less than 5-foot increments 2)A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank 3) A site plan to scale showing dimensions and location of existing and proposed dock structures, as well as a cross section showing the facility in relation to MHW/MLW and shoreline (bank, seawall or rip-rap revetment). er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.coll iergov.n et SITE INFORMATION Width of waterway: 275 ft.; Measurement from El plat X survey visual estimate X other(specify)CCPA website Total property water frontage: 80.9 ft. Setbacks: provided 25L/17R ft. required 15 ft. Total protrusion of proposed facility into water: 50.9 ft Number and length of vessels to use facility: 1.23.5 ft., 2. 30 ft.,3. ft. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: The docks: on Lot 2 adjacent to the N. is 38', on Lot 4 adjacent to the S. is 34', and the dock directly opposite, across the bay, is 35'. For all petitions, in the case of signs located on properties 1 acres or more in size, the applicant shall be responsible for erecting the required sign(s). what is the size of the property? 0.21 acres Official Interpretations or Zonina Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? El Yes X No If so, please provide copies. The following criteria, (pursuant to Section 5.03,06 of the Land Development Code) shall be used as a guide by staff in determining its recommendation to the Collier County Planning Commission (CCPC), and by the CCPC in its decision to approve or deny a particular Dock Extension request. In order for the CCPC to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. Please provide a narrative response to the listed criteria and/or questions. Attach additional pages if necessary. Co ear County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colllergov.net PRIMARY CRITERIA 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. ((The number should be appropriate; typical, single-family use should be no more than two slips;typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate)) The proposed project is to construct a single family dock to facilitate the mooring of two vessels in separate slips with a boat lift in each which is typical, The location has 80.9-feet of waterfront, upland use is for a single family residence and zoned PUD. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). ((The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension)) The water depth is not a factor(please refer to the attached drawings). This criteria, would not be met. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. ((The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel)) The dock is located in a bay that does not have any marked channels and has ample water depth >7-feet below MLLW. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. ((The facility should maintain the required percentages)). The proposed dock protrudes 50.9-feet. or 18.5% into the bay and combined with the 35-foot dock or 12.7%,that leaves 68.8%of 275-feet or 189.1-feet of passage. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. ((The facility should not interfere with the use of legally permitted neighboring docks)) The proposed dock has a side setback of 25-feet or 46.5- feet from the adjacent dock to the north and has a 17-foot setback or a distance of approximately 100 41-feet from the dock to the south and should not interfere with the use of the docks. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION( NAPLES, FLORIDA 3#104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 vwmnm.cwYlierQmv.net SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. ((There must be at least one special condition related to the property;these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or sea grass beds)) The shoreline is populated with dense mangroves and their canopy extends 15+feet water ward of the roots. Minimal trimming is allowed within the footprint of the dock as per section 4O3.9326(1)(m). F.S. (please refer tu attached cross section drawing and aerial) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. ((The facility should not use excessive deck area)) The ability to utilize the available waterfront for mooring of two vessels,maintenance and limited recreati na| use. such as kayak/canoe launchino and retrieval, could not be achieved without this dock design, 3. For single-family dock facilities, whether pr not the length of the vmmoe|. or vessels|noon�k�nsN|on. dwm�ibedby the p�iUonerexoem�s58pen�,,*ofthe subject property's linear waterfront footage. ((The applicable maximum percentage should be maintained))]] vessels will be moored perpendicular to the shoreline and the width of the dock is 38 feet or 47.5%the width of the waterfront footage. Overall width mf vessels combined|m19.0M3 feet(23.G+//%). 4 Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. ((The facility should not h impact on the view of either property owner.))The heiqht of the manaroves obscure any view from the ground floor elevation, so there would not be any impact on the view. (please refer to attached photographs) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. ((If seagrass beds are present, compliance with subsection 5.03.06.1 of this code must be demonstrated)) No seagrass beds were noted in the area. (please refer to enclosed Submerged Resource Survey ørovided by Turrell, Hall&Associates) 6. Whether or not the proposed dock fa | is subject to the manatee protection requirements of subsection 5.O3.OG.E.1iof this code. ((If applicable, compliance with Section 5.03.06.Eii must be demonstrated))This facility is not subject to the requirements of this code. _ Ca r CauntV COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)262-6368 www.colliergov.net I HEREBY ATTEST THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS DOCK EXTENSION,A BUILDING PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. I UNDERSTAND THAT IF THIS DOCK EXTENSION PETITION IS APPROVED BY THE COLLIER COUNTY PLANNING COMMISSION, AN AFFECTED PROPERTY OWNER MAY FILE AN APPEAL WITHIN 14 DAYS OF THE HEARING. IF I PROCEED WITH CONSTRUCTION DURING THIS TIME, I DO SO AT MY OWN RISK. Signature of Petitioner or Agent Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net BOAT DOCK FACILITY EXTENSION (BD) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WICOVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF SUBMITTED NOT COPIES REQUIRED Completed Application 6 ® 0 Owner/Agent Affidavits, signed&notarized 1 (❑ Addressing Checklist 1 Conceptual Site Plan illustrating the following: 6 0 a. The lot and dimensions where proposed docking facility is to be located. b. All yard setbacks c. Required setbacks for the dock facility d. The total number and configuration of the proposed facilities,etc. (include all dimensions to scale). e. The water depth where the proposed dock facility is to be located and the distance to the navigate channel. (Water depth at mean low tide should be shown at approximately every five(5)feet of length for the total length of the proposed facility. f. Illustrate the land contour of the property on which the dock facility is proposed. g. The dock facility should be illustrated from an aerial view,as well as side view. Electronic copy of documents and plans on CDROM 2 ❑ Application and Review fees: $1500 Review Fee; $925 Legal Advertising Fee(estimated). Check payable to Board of County Commissioners ADDITIONAL REQUIREMENTS: At the completion of the review process, the applicant shall submit 16 additional copies of the application and 16 additional copies of the Conceptual Site Plan for the CCPC agenda packets. wit? el' County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov,net As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. i understand that failure to include all necessary submittal information may result in the delay of processing this petition. AFFIDAVIT Fzi Wellpfile..0c.rnd 41.06 being first duly sworn, depose and say that wail am/are the owners of the property described herein and which is the subject matter of the proposed hearing;that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize i.%., ; I 1 to act as our/my representative in any ma rsrs r arding this Petition.e Signature of Property Owner Signature of Property Owner cLi Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this (0/v day of /2%'e ci S I 2013, by itliRee .i. -ei ; who is personally_is me or has produced as identification. //el ( State of Florida `Signature of Notary Public- State of Fl ' ) County of Collier C cup a ! 1 i 114115(-9. '.. (Print, Type, or Stamp Commissione Name . Expires November a,2016 of Notary Public) Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address, Form must be signed by Addressing Personnel Prior to pre- application meeting,please allow 3 days for processina. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) El BL(Blasting Permit) 0 SDP(Site Development Plan) § BD(Boat Dock Extension) 0 SCIPA(SDP Amendment) o Carnlval/Circus Permit 0 SDP!(Insubstantial Change to SDP) O Cu(Conditional Use) 0 SIP(Site Improvement Plan) o EXP(Excavation Permit) El SIPI(Insubstantial Change to SIP) O FP(Final Plat 0 SNR(Street Name Change) o LLA(Lot Line Adjustment) 0 SNC(Street Name Change—Unplatted) o PNC(Project Name Change) 0 MR(Transfer of Development Rights) o PPL(Plans&Plat Review) 0 VA(Variance) o PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) o PUD Rezone 0 VRSFP(Vegetation Removal&Site Fill Permit) 0 RZ(Standard Rezone) 0 OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Bayfront Gardens Lot 3 T 48, R 25, S 06 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more than one) 23095000306 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 224 Barefoot Beach Blvd. • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unpiatted properties) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP or AR or PL# Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Check One: 0 Checklist is to be Faxed back 0 Personally Picked Up APPLICANT NAME: Romeo Terezi PHONE (239) 450-3088 FAX (Email) rterezi@aol.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. 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O.L) " -111 =� III ----I 11==1 I 111 �`'.N\ ' P;Niar{AJWTTtY971 DOCK%T fiZ3 D001C..sM SC ate*eil12fft3 r p W > Y q '10 1 6i p i g ca tii a HO fig; ! i . a FMNI S ° yy 0 �IgjK 4 > ' �y }ASS IIIN U 11 Q o ,- -9.' ix l'i!! 011 fJ , }I,;.1.1!!!!„ . " g 0 Y' W {ti/i U) ,L.3"r ... U 0 c an o . . .... .., W . �' ri. �} Ut 311 .; ,'} ?`.� n. 0 110 W Cb. 1 � �'¢ ✓ :) C1. W' e � .i'" .. I ', W i J . lid rn !,....0 C) I. x eV'�e `fit #�• ' i si .,�+" , e y ! > g tri,„,. L.,), .. cazu fit)11::. ,,.„,..0.:111:,.,...... ...,.... ',,,...5,--"1.7„ ... .. _- ' a„> fl[!I7'.ta, .,... .-.. "pOGKdq 1'aU n daATER •. a. -,.-A— st •° SOUTHP®RT ON THE BAY UNIT;ONE��tr- m :,,,,,,,, . , k'' ',. 'N'' •',. ..:',:`''''''. ri.,1e;'A'',7..-, ilw e'l03k ;i n , F. BAY FR�NI ,AR ° nor ,. ��' k n '� � ,� 'a.�" .+ 4',c `' . ` iil SS w • �'., +'h;._ ' � 0 � �,. tea, A —° BAYFRONT GARDENS_ x. OS N 107 a m ® � ,p+�,, ;,: i 228,„...,`` '∎ LELY BAREFOOT BEACH Ur lT t' ^; A a 3. t 4t!Q .s ,„..,.,;e° d - •, .v ate Y��i -.a W"° ' � ° ,dam �,�i � - a "� �lliJ � —rip �..c�ya �I , y'3t �, _e S '' �' ,„S aR C A TEREZI RESIDENCE 224 BAREFOOT BEACH BLVD SUBMERGED RESOURCE SURVEY AUGUST 8,2013 PREPARED BY: TERRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 ................ TERM RESIDENCE,LOT 3 SUBMERGED RESOURCE SURVEY AUGUST 8,2013 1.0 INTRODUCTION The Terezi residence and associated proposed docking facility is located at 224 Bayfront Gardens, Lot 3 identified by Parcel Number 23095000306. The property is located off Barefoot Beach Blvd just south of Bonita Beach Road, bound to the east by Little Hickory Bay, bound to the south by a single-family residence, and bound to the west by Barefoot Beach Blvd. The property is located in Section 06, Township 48 South, and Range 25 East. The upland portion of the property is currently being developed with a single-family residence. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to proposed project. The proposed project consists of constructing a single-family dock within Little Hickory Bay. The SRS survey was conducted on August 2, 2013. Light winds and mostly clear skies resulted in good underwater visibility but due to the large influx of freshwater from recent rains resulted in limited underwater visibility that ranged from 4-I2 inches. Surface water conditions on this day were relatively calm which also helped to provide fair environmental conditions for the survey. The water temperature was 84°F. High tide occurred at 10:37 A.M (2.2') and low tide occurred at 5:48 P.M (0.1')on the date of the survey. 2.0 OBJECTIVE The objective of the submerged resource survey was to identify and locate any existing submerged resources within the limits of the proposed project. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. The general scope of work performed at the site is summarized below. • Turrell, Hall &Associates personnel conducted a site visit and I snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garrnin Model 76csx). Page 1 of 3 TEREZI RESIDENCE,LOT 3 SUBMERGED RESOURCE SURVEY AUGUST 8,2013 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed dock installation. The components for this survey included: • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10-feet apart as shown on the attached exhibit. Since both neighboring properties have existing docks they provided easily identifiable reference markers, such dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. One biologist swam these transects using snorkel equipment throughout the entire surveyed area. The other individual assisted with compiling notes and documenting findings on aerials. Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. Random placements of the quadrate were done within observed seagrass beds and the individual results were compiled into an average estimated coverage for the seagrass beds. The findings are shown on the attached exhibit. 4,0 RESULTS The substrate found within the surveyed area included two distinct classifications; silt sand with shell debris and just silt/ muck material all throughout. These substrates were found scattered throughout the surveyed area. There was also scattered shell and oyster debris along the property shoreline. The shoreline consisted of mangroves which provided habitat for numerous fish, crabs, and barnacles, growing on and around the mangrove roots. The majority of the survey area exhibited a silt/muck bottom that was devoid of any aquatic vegetation growth or any types of submerged resources. The lack of any submerged resources is most likely due to the overall water quality within Little Hickory Bay as well as the water clarity not allowing much sunlight penetration. This was most evident in the deeper water depths. Page 2 of 3 TEREZI RESIDENCES LOT 3 SUBMERGED RESOURCE SURVEY AUGUST 8,2013 Various filamentous algae and macro algae were observed and documented growing along the bottom sediments throughout the survey area. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1 —Observed Fish Species Common Name _ Scientific Name mangrove snapper Lu janus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis glass minnow Anchoa mitchilli jack crevalle Caranx hippos 5.0 CONCLUSIONS The submerged resource survey at the site yielded few findings. Barnacles were observed growing on the mangrove roots and existing neighboring dock piles. The entire subject property shoreline consists of mangroves which provide natural cover. This mangrove area was where all the observed fish species were located including: Gray Snapper(Lu Janus griseus),Sheepshead(Archosargus probatocephalus),Stripped Mullet (Mugil cephalus),and a few Common Snooks(Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed docking facility installation. Page3 of 3 ti 'Jillro m ? m ::2 'il'''' i,),a :R i i :il...S> a C G1 111111 ri if 0 G 15 �r 1� N 0 :1 r SSS222 YY 0 >- Y W (lW cL N /� Y� S i t l ,)'' .' r �1 ( t. ) US (D s c t G'q di Cr V f' W°In.Full c J .y U� (A r-1 „ " '\ ° # n u.J S...J bP. k _ �� + `�,g-0�,J�`" 4„ gz� ,:gym k� � •� i i $" =..„v ,. c4 ,, =^m � y 6 r2 -,L 0 w `s3 0 vow` CL. �' n t>A ty _.. y w ay9e' %+ tli PW + kwk dvdtt4RFt1 DOOKgwa °-URMQRgED M'%-2O J i Wz ,••:..4c„./PeT- ?lam t Subject Property Mangrove Shoreline SOO 1,16` .� +.rryti'x " rimn • r d Looking East across Little Hickory Bay from Property Shoreline ....._................................. f 1 } fie' ,.. .. " 1 ,' tie4fY ` .. ' At' fi . j .) S 1 �I g �c -tgo 1�14,,..,.„‘...!, `1,,,,,--^„.A 4 44# A ' 4 }t ''''';',../17,-..,' t tr1' a,y* '' f - r�'f" ' °i 5 4--. !„..44.4,iii,r' ' te a ,a +a C" q ;,41-,..;,/...'"'-d t_r V K:-.4.:."4';,„.-4, * i 9 Y .>3 g t 1 f «A ju ,e 1 . ..�'1 ti ab v ' ''� ! '• � ' .w( ♦S r r ? r t� ""v v,',';"f a'.,C.* •. C# r t'' A f tr.. t fit a i 4.11'i":.;£. .' ' ' ` ' I b Proposed access walkway location minor mangrove trimming will be required a ' s Observed bottom sediment with oyster and shell debris .................. .. X34 • • Typical Oyster Debris along mangrove shoreline • • Typical shell and oyster debris within sediment w w ^ .4; \w - .y yea v « 'y y,xw. .l : - limit Oyster sheWdebris 1 I I I I N N W I� I i�. V 1:=111____---P =) I I Z0 L 1 I 4HT -, i; I z � a , ¢ 1 I I=1 U I -I I U I Imo) I (-- 1 � > � w o �. =--j ii I � � t��,I�f -f1. Z ! L I-_�1I11II- ° I ..-III=III- 1 z - 11-111 zre I Q 111- I-- II- '" 0 o = ( - r II. -I 1=III= NC m '' 1 11 I 1 I � . d I ca � I — III �._ ICI— I I I L___I II I I I I L. I 1 I 1-1 I -I I-1 1=1 e —I I —I I I 1 I I I I I '� — : I I I=11 1 I 1=III=1 � i ' 2 II_ CC � � ' � 1=-111=111_111_1 I I A ril ,,',.-11 „ ,', 1 s 11 = = 111 I I ii 1 1 11= _1 I I_ -III 111 � I I C H. r IF . ........ I `=11 =11 11 1 I_ 11 2 5 p m I I I I-I I I = I I I C111=111_= PAPIammd■ATERCZI 06CATER623 DOCX_arw SSC1 8M20+11 View of dock site from 222 Barefoo t Beach Blvd ge. • . • . . , ..,, ,. P. ..r. _- . , __,.. f ' ._ . ., ,. d : - ■ ■ ■ r View of dock si te from 226 Barefoot Beach Blvd • ,„: —, .',.1,.....:::*;..,. .'..,°.`4,,,,,, iot.P.,f,,,,.:,,,:'-'. " ::- • , '' . -- '- ''' .' • ....•;. t i"-t-;'--. ., . !... '... ■ AGENDA ITEM 4-D CO County CT STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: JANUARY 23, 2014 SUBJECT: PETITION SV-PL20130000387,ASTER AT LELY RESORT SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: Aster Le ly Apartments, LLC 3625 Cumberland Blvd SE, Suite 43 Atlanta, GA 30339 Agent: Alexis Crespo, AICP Waldrop Engineering, PA 28100 Bonita Grande Drive, Suite 305 Bonita Springs, FL 34135 REOUESTED ACTION: The applicant requests a variance from Section 5.06,02. of the Land Development Code (LDC) to allow: • The replacement of an existing offsite monument sign that displays the name -Edison State College" with a sign that displays the (offsite) college name along with the name of the Applicant's onsite residential community. This shared sign is in addition to the two signs permitted for the community. • A maximum of 35 square feet of combined copy area on the shared monument sign. • A maximum height of 15 feet as approved by Resolution 98-26. GEOGRAPHIC LOCATION: The subject property is within the Lely, A Resort Community Planned Unit Development(PUD) Ordinance Number 92-15. as amended. specifically in the southwest corner of the intersection of Collier Boulevard (CR 951) and Lely Cultural Parkway. Page 1 of 7 I I $ l V. {tieao� al 010vA31(10 J orrtoJ L t t l 9 a W rr, , , r/11 Z MO WOO.WOO P a S ..... N lib lett a ,4 toth a' THOW Oa aft V h V P g Y W a _/ li ,,, n fl< , 01: 5 g ilk /it 1 it I il 4 , � sx/Y 41 A 10.,i LY ,__ � h R PURPOSE/DESCRIPTION OF PROJECT: The LI)C allows for two signs at the entrance to a residential development. The requested Sign Variance would allow a third sign. located on the:residential parcel, including copy for the residential development, as well as Edison State e ,o i ege, in addition to the two entrance signs. It should be noted that the name of Edison State College may change. It is the intention of the applicant to have this variance apply to any future college name. A Sign Variance (Resolution 98-26) for the existing college directional sign permits a maximum height of 15 feet and a maximum copy-area of 72 square feet. The proposed sign falls within those specifications, with a maximum height of 15 feet and a maximum copy area of 35 square feet. SURROUNDING LANI) USE & ZONING: North: Lely Cultural Parkway ROW, across which is a bank, zoned PIJD, (Edison Village PU)). East: Collier Boulevard (CR 951) ROW, across which is a hospital, zoned Pt31) (Collier Regional Medical Center PU,D) and an RV Park. zoned TTRVC. South: Immediately south of the sign itself is a portion of the applicant's residential community (Aster at Lely Resort) zoned PUD (Lely, A Resort Community PUD); canodsouunthit of the residential tract is a preserve, zoned PUD (Lely, A Resort Community u West: Immediately west of the sign itself is a portion of the applicant's residential community (Aster at Lely Resort) zoned PUD (I,ely, A Resort Community PIJD); being and west of the applicant's parcel is a site eing developed as an Assisted Living Facility A Resort Community PUD). • - if, torA, :4-**1 ' pf4 Aerial Photo((oilier(ount)Property Appraiser) Page 3 of 7 addressed, ,",'','''0"'",It ,.-'<'< '..,';',',='.„.•,a7,,,,,,,, ,;; :"!4::--,,,,,.:,i'',7fri(-7,,,;,..sl.1:- 4t‘sildi °"irr „<„,.. , .. ‘ —0, ....,- ,,,,,,,,,,,,,a;,'",',,' ' .:.,,,I4D`',Vsk.5,-'.,-,r;S., ,,/?:VO •;''' View of Existing Sign from Collier Boulevard((;oogle) , , ' , , ,,"/ ,- Pinimi.v- View of Existing Sign from I.ety Cultural Parkway(Googly) GROWTH MANAGEMENT PLAN (GM?)CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The Lely. A Resort Community PUD is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically Page 4 of 7 ANALYSIS: The decision to grant a sign variance is based on the criteria of LDC Section 5.06.08.B. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. According to the Applicant, the existing sign was constructed without an underlying easement. Now that the property is being developed with multi-family housing, the Applicant would like to redesign the monument sign with both the college's and the development's name. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. If a literal interpretation of the LDC were applied, the Applicant would be limited to the existing entrance signs on Lely Cultural Parkway. Since the Edison State College sign was approved on the Applicant's property (Resolution 98-26), the Applicant would like to share the sign and gain exposure for the residential community. C. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. The Applicant states that the existing sign was constructed prior to owning the property: therefore, the conditions do not result from the action of the Applicant. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. However, it should be noted that the sign exists, as approved by a previous Sign Variance, and an alternate request might have been through a KID Amendment. The number and copy-area of signs is a common deviation in PIJDs. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The copy-area requested is less than the copy-area approved (Resolution 98-26). so the Applicant has demonstrated a willingness to minimize over what was previously approved. Page 5 of 7 f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Section 5.06.01.A, of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs are: 1. Compatible with their surroundings; 2. Designed. constructed, installed and maintained in a manner that does not endanger public safety or unduly distract motorists; 3„Appropriate to the type of activity to which they pertain; 4. Large enough to convey sufficient infhrmation about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation; 5. Reflective of the identity and creativity of the individual occupants. In staff's opinion,the Applicant's request reflects these objectives. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney has reviewed the staff report for SV-PL20130000387 on January 3, 2014 for form and legality. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a Decision to approve Petition SV- P1_20130000387 as requested by the Applicant. Page 6 of 7 PREPARED BY: FRED Rtrsci AICP, SENIOR PLANNER DATE PLANNING& ZONING DEPARTMENT REVIEWED BY: // I- 3- ttf RAYM cD V. BELLOWS. ZONING MANAGER DATE PLANNING& ZONING DEPARTMENT APPROVED BY: i-4 iry MICHAEL BOSI, AICP, DIRECTOR DATE PLANNING & ZONING DEPARTMENT Page 7 of 7 i il Ili z''; J e , 496 ,.$ 06VA314108 3i1-100 .3.1 i f""' LU (I) Z 1 (f)0Z c.,bV31//1,,,,,,,,,., P ^ '''', ■ 0 Ii 1-14J , I I 4 4 1 0 a.. 0 ce * < a • cl. 1 I * 4:(i , a a.,.., U.I ' 0 >. = __I cc = ■ w 1 . i ,. .0 D. , / . 5 I 51 . , , II ' 4 .., 1. I Co t e e County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252.2400 FAX (239)252-6358 www.coiliergov.net SIGN VARIANCE PETITION LDC Section 9.04.00 PROJECT NUMBER PROJECT NAME For Staff Use DATE PROCESSED 1 APPLICANT/OWNER INFORMATION PETITIONER'S NAME: Lely Apartments, LLD ADDRESS One Overton Park, 3625 Cumberland Blvd., Suite 680,Atlanta, GA 30339 PHONE# (678)589-7770 CELL# FAX # (678)589-7771 E-MAIL ADDRESS: clarke©city-centre.co AGENT: Alexis V. Crespo,AICP FIRM: Waldrop Engineering,P.A. ADDRESS 28100 Bonita Grande Drive, Suite 305 PHONE# (239)405-7777 CELL# (239)850-8525 FAX # (239)405-7899 E-MAIL ADDRESS: alexisc©waldropengineering.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. May 25,2012 I CAT t T County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)252-6358 www.colliergov.net LEGAL DESCRIPTION OF SUBJECT PROPERTY SECTION/TOWNSHIP/RANGE: 22 f 50 /26 PROPERTY I.D.# 00432960145 SUBDIVISION NAME: LELY RESORT UNIT BLOCK LOT METES&BOUNDS DESCRIPTION: See Attached ADDRESS OF SIGN LOCATION: No Site Address-Southwest Corner of CR 951/Lely Cultural Pkwy CURRENT ZONING:„ PUD LAND USE OF SUBJECT PARCEL: MULTI-FAMILY Length&Height of wall upon which the Sign will be secured: N/A (II Wall Sign) Width of Subject Property: Road Frontage) 1,700 feet of frontage-Lely Cultural Parkway;575 ft.of frontage-CR 951 NATURE OF PETITION J Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers,i.e. reduce setback from 15'to 10'; why encroachment is necessary; how existing encroachment came to be;etc. Please refer to the attached Cover Letter/Narrative Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals,and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address the following criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building Involved. Please refer to the attached Cover Letter/Narrative 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Please refer to the attached Cover Letter/Narrative 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Please refer to the attached Cover Letter/Narrative May 25,2012 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252.2400 FAX (239)252-8358 www.colliergov.net 4. Will the variance,if granted, be the minimum variance that will make possible the reasonable use of the land,building or structure and which promote standards of health,safety or welfare. Please refer to the attached Cover Letter/Narrative 5, Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. Please refer to the attached Cover Letter/Narrative 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Please refer to the attached Cover Letter/Narrative 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. Please refer to the attached Cover Letter/Narrative 8. Will granting the variance be consistent with the Growth Management Plan? Please refer to the attached Cover Letter/Narrative. May 25,2012 5r%9Y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252.2400 FAX (239)252-6358 www.colllergov.net SIGN VARIANCE PETITION (SV) APPLICATION I SUBMITTAL CHECKLIST J THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Completed Application 12 X ❑ Completed Owner/Agent Affidavit,Notarized I ® 0 Pre-application notes/minutes 12 Survey or Site Plan of property depleting the following: 12 a) All property boundaries&dimensions b) North arrow,data and scale of drawing c) All existing and proposed signs-(labeled as such) d) Existing sign setbacks&proposed sign setbacks Location map depleting major streets in area for 1 © ❑ reference Electronic copy of all documents and plans on CDROM 2 ® ❑ Fees: Application Fee = $2,000.00 Fire Review Fee$100.00 Legal Advertising Fee for BCC= $500.00 Legal Advertising Fee for CCPC= $925.00 Checks shall be made payable to: "Collier County Board of County Commissioners" As the authorized agent/applicant for this petition, I attest that all of the information Indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal infor�a may result in the delay of process this petition. ,f '31 ," 1S Ap• an Agent nature Date May 25,2012 I, . l' a., ., I r.1,‘ •:N s - , ,,..rik .1 •• 11/..,4 4-.1.e.",,*..z ' ..., • a $.1,,:,,,,k4 2 .a,' f iki4 I 1 . ea, ■';',.'e '''.‘ ''' ;414,!‘ ' ' ' ..' * $./*' * ^:' -.0'•1;* 0, °:i fl',4- . ..401.' .1* ' ..... • . ... , . .. 1 "keigFjAgilligameilisioommehow" ... 01111111C4: * - rt toms 213rno3 •jeor ,,-71'''') „,,*t•,-+-19,-:441.11SATIII"'.‘,, '.- *A4*- - ? ..*f * "' r ..t, - - ,,, i ,,,,i,41, „4„,,,,,,.,, ,,. , .. ,. . ir:j;°' „,A• #1,„it : , ;I"*1 ' i -4( . . i I 'I i t:,... 44,,e.. .44," .1.• A ' °V.' 4,4`... : '''r4-'lre t ' •-••• '1.'i 1 .:*TC;;#1.„*7%-.•," f,,, fre 4`,,' 8'P„At « e-, ... .. ' f . ..,,-7%,:4,vi ' • '14'47 l'..14.,' -:',•%.--, ,' 4*. al'iti - ..X * T'1,1, t,'1!..:7 •::',W 7,-;,,,,,-,t, ,rt,,,c,„, , ,,,,,,,,,. 4 4 .,,Z',,iX ''‘,S.,,,-.,;, *44.0.. 'z,,;1 4 40.i,:t.,„:0 , .,,i ,i$,..;,`',■: 7 i 1,4 , 4,' " r ailkirSi t"* . ' * i "i*.k,t1r.'41:114,41h**;•;?,:„;4''.. °i $ ■• toor '4,, '41 %,,,": * , „I,..-1',•t:.*,,iir., ail, - -,;,.. 0.` 14k4i-",/ .1.1k. 4 i„, ,,,, .,, .ciii..&iikf; 4.,,,,t, 0. ” •,4pilf#/,°4.7,....„,,,,",.,,,,,-.4,4,.. ; ,,,,e1.1.,.. : ,t, l ...,.."...-...,t ...,66:1,11 ' '. ,„,,,,,,, .,.....„,.., ,....• ,..... r..,- .0.4,„, ,.., 1..,..0 ,. ti,... -.t... "Iv "I , it: °ovi .*4:464?;Q.. ,..A,.48;.f•* ‘ ,; ,-. r.-4 1 ki,,„.4., ;;..i. $ C,14,04,, Ac- ''.. ,4 ,11r,•• ' :4 ti 14 * ..• '..4 1:1:0,1t,t '‘''.- '-'4..( ...5/1“ 1 44•W,.,*.%,,:.-1 'Ir. 0* . ('' '' 4 1' . i -* ., . tlrf..'" *I. • i'74'4 * 't . ?.i.s44.-.4, le , * *1'., -°7• T r Wilk elf., a ° • ° —# A'4 A, , ° 4 4: 7' As ..' ,„1•4*'1,711°*.. IC. It 7:7' * •i',.—At% .:44,1 1°, Li- - ,,,z, I „jell I. -4 I 4 .', • . •11° 44** ` * 0. • 1 ,'• , 447,4,. •61,' ,i 4.4 *roe ''''Ari;4# ir 4.•*' •''0:.:,,i i ,''lit •.i 'It I '7'''‘P. "4:1, r . e. I-. ' A. • .0, 1'4 , ,4,51 •44 V . A .., ? ' ,, f„,,, 4,, -‘°°' — A ' riatti\'' sk ,4',*.r$1,1*- ../ •=;,:i1,4-. '4.-4.71,k. r''"' ‘,40 i le, o , L,, • ' "ar,'„-,*'I,'''',4,1,4''' t . i --- - -..... f.:,:-.**,•'41 . IWALDROP ENGINEERING {, 1\ \ avit.ENGINEERING&LAND DEVELOPMENT CONSULTANTS .„,,,,,,v,,,,ic,-'„ y,,,, „' '', ,.,,,,,:,::: May 31.2013 Mr. Fred Reischl,AICP Collier County Land Development Services Department 2800 North Horseshoe Drive Naples,Florida 34104 RE: Aster at Lely Resort Sign Variance Petition (P&2O130387) Dear Mr. Reischl: 0n behalf of Aster Lely &pts.LLC.enclosed please findu Sign Variance Petition in regards to Aster at Lely Resort(^`Projut^`).0 1 175+!-acre multi-family development located at the southwest corner of Collier Boulevard and Lely Cultural Parkway in the Lely Resort PUD. An existing monument sign for Edison State College is located at the northeast corner of the site, pursuant to a sign variance approved per Resolution No. 98-26 While relief from the LDC was approved by the County to allow for the sign,an easement was never recorded by the previous owner to permit its legal construction. The subject property was purchased by Aster Lely Apo, LLC in March of 2013, and is currently under construction for the development of 308-unit multi-family p 'octpccSDP#AD-|1V20. fo support the marketing and branding of the project. the owner is seeking approval of a sign variance for the replacement of the existing monument sign that solely displays the Edison State College name and |ogo, to allow for a shared monument sign in approximately the same location. This request is considered a variance to the LDC Sec 5.06.02. as the development is limited to a maximum of two (2)permanent ground oi8nx, which are already utilized at the entrance to the community from Lely Cultural Parkway (please refer to the attached site plan). As shown on the enclosed illustrative rendering, the proposed sign will display the community name and logo for "Aster at Lely Resort", as well as the name and logo for "Edison State College". The proposed monument sign will be limited to a maximum copy area of 35 square feet. which is well below the sign face area approved per the previous variance. The proposed maximum height is 15 feet, which is consistent with the previous sign variance approval. The sign will he setback a minimum of 10 feet from the right-of-way in accordance with the LDC. Due to access limitations along Collier Boulevard, this variance will enable the project to have signage visibility from both Lely Cultural Parkway and Collier Boulevard. The following is a summary of how the proposed variance is consistent with the criteria in L[}C Sec. 5.06.08: 1. Are there special conditions and circumstances existing which are peculiar to the location size and characteristics of the land,structure,or building involved, [heprojcc1 has 1,700+1-feet of frontage on Lely Cultural Parkway and 5004-1- feet of frontage along Collier Blvd. The northwest property corner is currently encumbered by an existing Edison State Aster at Lely Resort Sign Variance Petition Page|^r} College monument sign that was constructed without an underlying easement from the property owner. The significant frontage and existing corner monument sign are conditions that are unique to this property, which merit approval of a second sign variance for signage that demonstrates the Aster at Lely Resort name, as well as Edison State College. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The existing monument sign is a pre-existing condition that did not result from actions undertaken by the property owner, and was constructed without the benefit of an easement. Re-design of this existing sign, in conformance with the approved dimensions and setbacks, is appropriate in consideration of this special condition. Moreover, the Applicant has reduced the maximum allowable sign face area to demonstrate that the request is the minimum needed to achieve community visibility from Collier Blvd. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant The literal interpretation of the zoning code creates a practical difficulty on the Applicant to market/brand this new residential community. The project has substantial frontage on both the adjacent arterial and collector roadways, and is limited to a maximum of two (2) signs, which have been constructed at the project's main entrance on Lely Cultural Parkway. This limitation on signage prevents the community from obtaining visibility front Collier Boulevard, which is a heavily traveled arterial level roadway. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety or welfare. Yes, the dimensions on the attached sign exhibit demonstrate a smaller sign face than approved per the previous variance. The proposed height is consistent with the previous approval, and the setbacks will meet or exceed the minimum requirements of the LDC. Therefore, the Applicant has made a concerted effort to ensure the request reflects the minimum needed to accomplish reasonable signage on the property. S. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No. Numerous PUDs throughout the County were approved for deviations that allow for monument/boundary marker signs at major intersections, in addition to the allowable entry signage. Examples include Mediterra, Talis Park arid Mirasol in North Naples. Therefore, approval of this request will not confer a special privilege upon the Applicant that has not been approved elsewhere. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. The variance will uphold the intent of the zoning code to ensure a cohesive, attractive development pattern throughout the County, while ensuring development does not negatively impact public health, safety or welfare. Aster at Lely Resort Sign Valiance Petition Page 2 of 3 mow There is an existing monument sign in the location where the variance is request. The variance will serve to re-design the existing sign to add the "Aster at Ley Bicxurt`^ name in order to market this new community. The proposed signage design is demonstrated on the attached exhibit and will not negatively impact the viewshed from Collier Boulevard. The intended effect is to enhance the appearance of this comer throueh the proposed sign design and landscaping. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. No. 8. Will granting the variance be consistent with the Growth Management Plan? Yes, the variance request is consistent with the goals, objectives and policies in the Growth Management Plan. The following items are enclosed for your review: 1. A check (#00001005)in the amount of$2,950 for the application fee; 2. Twelve(12)copies of the cover letter detailing the purpose of the variance request; 3. Twelve(12)copies of the variance application: 4. One(I)copy of the notarized affidavit of authorization; 5. Twelve(12)co ��oo�tbmprr-upp|iuutonmce«in�n��o� ,' pre-application notes; 6. One(I)copy of the approved addressing checklist: 7. Twelve(12)copies ufthoadep]uo; 8. Twelve(12)copies ofthe aerial location map; 9. Twelve(}2)copies of the proposed sign exhibit 10. Twelve(12)c ies of the previously approved Sign Variance(Resolution No. 98-26) 11. One(I)copy of the entire submittal documents on CD-ROM. Should you require additional information or have any questions, please feel free to contact me directly at (239)405-7777, ext. 207,oru|esiscia:v'u|drgpeoeinecrinu.cmm. Sincerely, WALDROP ENGINEERING,P.A. S . Alexis V.Crespo, /\lC}\ LEED AP Principal Planner Enclosures Aster at Lely Resort Sign Variance Petition Page 3of3 SIGN VARIANCE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST put 0/3 - (9..387 Date: 3' I n i Time: 7:00 Assigned Planner: �RG Et SC.ALe,, Project Name: A57-,e k9e5c /r- S(6,0 t/,4,2/.,irt.1c Project Addr/Location: & CC-/ere Z54-1/2) Applicant Name: AIL-.a'X/5 esk) Phone: Sb,S- 7 7 7 7 Firm: 0/14-be-C'147 Current Zoning: AID - Le-L-'r Re-50R7- Owner Name: I-e-1--9 /P/1/7- 7juTS LL..-C' Owner Address: ,4 7 _,4AJ 7;4 Phone: Meeting Attendees: (attach Sign In Sheet) NOTES: s: Ito o s - ;, : , d- C:\Userslfredreischti[Jesktop\Pre-app Forms-JUNE 20111SV Sign Variance Pre-Application June 2011.doc revised: 8/5/02,rev. 8/21/11 mew SIGN VARIANCE PETITION (SV)APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT COPIES REQUIRED REQUIRED _ REQUIREMENTS Completed Application(download from website for current form).... 12 X Pre-A••lication meetin; notes - Completed Addressing Checklist,Signed by Addressing Department • 12 Survey or Site Plan of property depicting the following: ► All property boundaries&dimensions ► North arrow,date and scale of drawing ► All existing and proposed signs(labeled as such) ► Existing sign setbacks and proposed sign setbacks Owner Agent Affidavit signed &notarized 1 X ^ Location map depicting maior streets in area for reference 1_ ){ FEES: Pre-application Fee $500.00(Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Review Fees: ® $2000.00 Sign Variance ►4 $50.00 Fire Review Fee ❑ After-The-Fact Zoning/Land se Petitions 2x the normal petition fee 1�! $925.00 Estimated Legal Advertising Fee-CCPC Meeting 2] $500.00 Estimated Legal Advertising Fee- BCC Meeting (any over-or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). OTHER REQUIREMENTS: Agent/Owner Signature Date C;\Users\fredreischi\Desktop\Pre-app Forms-JUNE 2011\SV Sign Variance Pre-Application June 2011.doc revised: 815102,rev. 601/11 PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F.3. "Any applicant requesting variance approval or parking exemption approval must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient." Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted after initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. CAUsers1fredreischr,Desktop\Pre-app Forms-JUNE 2011\SV Sign Variance Pre-Application June 2011.doc revised: 8/5/02,rev. 6/21/11 MAR/14/2013/TRIi 02:27 PM Waldrop Engineering fAX ho, 239 405 7399 t', UUL Cro eTr C iNtity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES.FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6724 WWW COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit In person to the Addressing Department at the above address. Fran must be sionad 5v Addr ssfna o•rsonn.l orior to ore- eoolicatlon meeting,please allow 3 ,:vs for erocessing, Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forme older than 8 months will require additional review and approval by the Addressing Department PETITION TYPE(indicate type below, template a separate Addressing Checklist for each Petition type) Ei BL.(Beating Permit) ❑ SDP(Site Development Plan) ED(Boat Dock Extension) pp SDPA(SDP Amendment) BCernlvaVCircus Permit ❑ SDPI(Insubstantial Change to SDP) CU(Conditional Use) ❑ SIP(Site improvement Plan) ❑ EXP(Excavation Permit) El SIP!(Insubstantial Change to SIP) El FP(Final Plat SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) SNC(Street Name Change-Unpietted) ❑ PNC(Project Name Change) TOR(Transfer of Development Rights) PPL(Plans&Plat Review) VA(Variance) PSP(Preliminary Subdivision Plat) El VRP(Vegetation Removal Permit) PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) RZ(Standard Rezone) II OTHER slam VARIANCE PE7rrO■ LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) 22 50 26 that portion as desc in OR 4210 PG 196 and rely Resort Phase 2 FOLIO(Property ID)NUMBER(a)of above(attach to, or associate with,legal description if more then one) 00432960145 STREET ADDRESS or ADDRESSES(es applicable, if already assigned) • LOCATION MAP must be attached showing exact location of proloct/ske in relation to nearest public road right- . of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(If applicable) Aster at Leh(Resort -Sign Variance Petition PROPOSED STREET NAMES(If applicable) NIA SITE DEVELOPMENT PLAN NUMBER(for existing progeots/sltes only) SDP 2007 -uat172e or AR or PL rY MAC/14/Z(j13/T'fU 112:V PM waidrop i✓ngineering FAX 140. 23S 41Th 7S Y. UU3 �r , :ar✓f" i�L;diK�� COLLIER COUNTY GOVERNMENT MOD NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)2522-2400 FAX (239)2624724 WWW.COLLUERGOV,1I1" Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Clack One is Checklist is to be Faxed back 0 Personally Picked Up n — APPLICANT NAME: Waldrop Engineering do Alexis Crsspo PHONE 239-405-7777 ext. 207 FAX 239-405-7899 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. 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RESOLUTION NO. 99-1,1,_ • RELATING TO PETITION NUMBER SV-97-2, FOR SIGN VARIANCES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. .... , „ . . .. , . . . -....-, WHEREAS, the Legislature of the State of Florida in Chapter 125, . : Florida Statutes, has conferred on all counties in Florida the power to • establish, coordinate and enforce zoning and such business regulations ''': :4.4, , as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land - ,f'.. .7-,-... ;./ . Development Code (C)rdinance No, 91-1027 which establishes regulatiOns 4 ' for the zoning of particular geographic divisions of the County, among 4 which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affected, has held a public ' : .• Pc hearing after notice as in said regulations made and provided, and has • ., i considered the advisability of variances from the requirements of two ...*.;4.-;4:4 one-sided off-premises directional signs with a copy area of 12 square:: . . -'...-4.4. feet each and a maximum height of 12 feet to allow for one 15 foot high'.- . . , „!,,, •.* double-faced oft-premises directional sign with a copy area of 72 1 : , square feet, as shown on the attached plot plan, Exhibit "A", in a PUD:1- 6, acne for the property hereinafter described, and has found as a matter;,;,i.,:7,q,, . , 4 of fact that satisfactory provision and arrangement have been made ...;,,,' :-. . , concerning all applicable matters required by said regulations and in ,,.'"*TE accordance with Section 2.7.5 of the Zoning Regulations of said Land ' :. .>:i!7. • Development Code for the unincorporated area of Collier County, and ;;,,-. 4 WHEREAS, all interested parties have been given opportunity to be; .4,;;V; i . ' heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD or ZONING LS Of.1',44 ,/; ' - Collier County, Florida, that: , 4 '''P' .' 4:!:f!_•:. ! !.f iit,"'' •.t'iit' 1 ,,g44'11..47tcr',':':'% ' • ! ; . : :',T,' -1.. .t, ii,,• r 44 1i'b. n sfs • b4 ! The Petition SV-97-2 filed by Wiley M. Parker of Park/Mudget/Smi lM tht Architects, representing Lely Development Corporation on behalf'of 4 Edison Community College with respect to.the property hereinaft r-x }. �. r�> described as: '' 1' ,"'•. Exhibit "B" ,',,, -, .- ,,--";,, % h • . be and the same are hereby approved for variances from the -".,:,-.. .,./.17.4' ,...,, requirements of two one-sided off-premises directional signstq with 4-,A, `r . 3 4tf. C' S a copy area of 12 square feet each and a maximum height of 12:!..-s, S feet to allow for one 15 foot high double-faced off-premises ''"� � ` L r directional sign with a copy area of 72 square feet as shown on 4 =..r.. ; ..' the attached plot plan, Exhibit "A", in a PUD zoning district sue" :-° ,. wherein said property is located. • ;i *"41.a • BE IT RESOLVED that this Resolution relating to Petition umbery�.,,t,- ° " ,,t + =ti E yd to. SV-97-2 be recorded in the minutes of this Board. •. r ry, Y. rR This Resolution adopted after motion, second and majority vote. '," r ::-`1.',1-, wr r E Done this � *1t 4 day of ,'1996 e, .4.4.--t1:4 * ,r\t;•tsrb ATTEST: BOARD OF ZONING APPEALS ;-?,..y.,d 7it .t tL DWIGHT E. BROCK, Clerk COLLIER COUNTY, IDA +f ,'-4- + .i - t�.r�Sd C� Ct .�14 , r x+. .c B'' RA :ERR , Ch i 'Mi.` 's, eer1( t44Fi+i;;r r. ;: • Approved as to Form and Legal Sufficiency ; 144..„.p...,0,:- - eLId t Y f : , �` : ;Marj ie M. Student '4t ; • • Assistant County Attorney t, ^''� ,";x S/fV-9?.? ►£:OLVS101 4 . `. c , ■ 'r M tit - • ' - A 4 '..,,:.4".".„-1, a 3 ' ..;, , .rcr rq,w i t • . . yy 'NaTafGrAP441GS S!-bWh ' COOS RP. ENEtZAL K.. i . LA your 4 STYLE,. G 4LY. SUQMiT 516 t-.4 AQ,j t at. WI Arri'-•JAL. T V i f : r torpE0. &Allay• 5AMIR. F 8 4> r. / 5'KO"r ON I K --.1,8, ...., t , ,, EDISON 414-.�• sc-LiT` LOCon E.A.c1'1 �' 1 COMMUNITY 10E' • -; &H4 r •:7 .•a s,4,4"1Git. ? .._.w. ' �' COLLEGE �� !'_ 14_,4• b i............ —. .......t t,---- .7......... t------"-- —It , { © •__ aou u co v tunas 1310- LrT 1 A:,crs+r io rr+ca.ZA C4 I l � rt :1�, j '--Ni SMldETh ise s + tr P N /! :r�L, 13 r cr r ' E7_ • t :Ct J .44 f � 1 r ._1_ .� J.. ~^ SIECL SldHA4�E'Is" 7-_I 7"="..11 '"r'`. `^ ). '1 STRUC.i'UQ A# R cPIFZEOI ----- "'� I 'w "°" t L '` 1 ... f NC'ITIOn,y�At•t'LR6.0utp.r0 lid 1 �., 1"+�,�'` �. ,, S1 PE ELEUKTIoNS rv..c+'sT REAR �LEVVAT ON$ HMI,rtaMF4 ridrr p -vus _ '-1 i - - -/ -r: , ciwtrg I }ill* . 1 1 rt. STEEL SICio c Srtrtt4T�(utit � ` 1 •#� �' #co�irctr Kov►+OA"T*itt I. I I I SIGH 0CS16Htc9't*WiTWTMiQ r= _ 1 1_ $ wsun vEt�srrr or 12a MM �, !i � . o>�{..TT.emitt. crtn AK .a.A/4 at..1.�'1. lit' ' '.'!•':4 1. . XHI I3TT "A Dl r<X'r>, 3•,Q„ 1 •Lt 96. ,r `" T. ' ..(`( .r CA)) PLAN SECTION rc,Atist/.":}:ty"'`.'; PARKER/MUDGETT/SMITH SIGN AT COWER COUNTY ROAD 951 & ARCHITECTS, INC. !ELY CULTURAL PARKWAY , :z ` -: .1` , , 2030.9 W. 1ST ST, FT.MYERS FL 33901 EDISON COMMUNITY COLLEGE• NAPLES, FL 19411 332.1171 FAX 1941)332-3537 '52015 'S { -.29 MARCH 19971111* 0 ...„, • , rrvr „ ,r. • „-.,„: ,..,;0„,,rvar 1 • r 4", +. . . )°'''''' '' . , ,.A '.-.,4,,rp. T,.. • „, • „.,r-.. ,,,if I. 3,4 1 ,14 .:*.f3‘...t...-.;..,.... .,, = • ..., ... . . ,........4 It . '• f.,.. g ' , ' *'"' ■.r. ', ' ...R.•4. .7'* A - . .-.,........,:x-t.....•. ‘,. 1 _ •. ,,. • .. „. ,...._ v, .; ,.., .... .. , . ,:- ;,.•,..••-•• •-,.*: • •:,.2 4't VI"' " •'.4* .4. .'' , . i ..................... ,z t , ' L401 4111KTISton Proirototi Sip boOKOK,bola*a poi of ,. ' ••°. l ,••., ,-,*-44•r;° .•-c, If •~ - . Tract"f`r.Laff lascat Ptrua Two, . -;-,--, .......,-,.Ter*''il •, ! Plat Book II,pasta 43.4J. C.40Sot County,Mortis . . ,1.•-' .•.', ...1''N4 *' ''', . ; Al that pin of TillOt`es',beCor4,111 10 if*phi of Lily Resort Phi*Two,Plat$ 111,.............trelei . i 43 through 4$,CoWer COuorf,Florida,bagmen'tertiaries+,described as felleers: '', . ' Coonntoncing et Ow southeast cornier et sell Trld IV% . . t thence along the out One of tali Trots nr`In the roliweinit two CI)described estorms: •..• 1)North Q0`3 'Str E.1.14 11.83; , - . 2)n t,i$r.t ties /0011 OK arc of a circuLsr sieve concave to 04 west hvaing a riders of • . , i 3.$.00 So through s°arena'nee 0(02642'13*end bans subtended by a chord otloc) haws • I North 0771'1r was 1.11 foot i*it*Point alloyjecityg '-r. ..1 , r.',"1%,,,•``.;i''.i!,,f„ '..: ' shines terrino the east Sne of 1444 Tract D.South 111•01.37°WOK 50.00 tett; -,•", thence 34orth 01'302 I"Wan 25.03 fad to dte etertively bountiery of paid Trees 41:1; thence*ions 04 northeriy boundary of sag' Trees V'In 0*folkaring two(2)described i • 1 004011111$: . } . .i...;(41X.•,1k k i ,'..10.,;",„ 8)North 11%4'3 r ten 25.0d feet; '- .-,,--.11. $ 2)tamely and eoutheasterty 30.21 fees;demo ct me e r c at 1 dreutat curve conceit to db. 14,v3, ' r NII •',1 4,";;;,. 1 oouLtrooto havtos 1 tolott of 13,00 foto through o orttal toils of1kr0000*end bolas - ,. 7..., , .r: , skablen,tod by a chord erhidt boars South 4430'23*Foss 35.341 foot it,oht loolni of Resin/in& • i I Subject to seterneres and restricdoni terrossord. I Dee are loosed on the es.et Sae of sad Tract'Tr*beim North 00•31'30:East.• • 1 Sflitiottit 44`11•Ahati141;_44 Iti1013, -- 0,.' ...; e ■•' ''.t' . o . ' .. ' ).)4' ' . 0 ' '4.4: 4 '• • .. 1 . rv,,rr, „ I . '3 • - q.14 ,e, ' '4■-•‘:. " 40. " , '''' •,.AM, '11 •,„ I7. „ „'2,7;t,' " :' -, • •-•,,,,•„„ ,...iftlit' ,,,,• t I,Va..!! ,,),,,;....r.ilL 1`,/„. , . *....,Ir.4 1 ,41 ; . •' ,.., * i''''t , ' .:.• ". * , 4. 1. , ... •. . 4.. ' 1. 'j. ,.4.1 A ■••'• \ , ,*••-tak „:11 , : - -t Exhibit."B" . .. --:.- .1.,... 6•P'"7••.:• . ... . ' ' P'. . .‘,4,,,,,-,•421 ' • t A , MAR/14/2013/7U 02:27 Ni. Waldrop Engineering FAX Ho. 239 495 7399 P. 0C2 .........t Co CoH.Hty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) -1724 WWW.DO3.UERGOV.NEr ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submi In parson to the Addressing Department at the above address. Fenn mutt be boned iz Mrauina personnel prior to ore- Bpelicaton meeting,clean allgvrt3 days for processing. Not all Items will apply to every project hems in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older then 8 months will require additional review and approval by the Addressing Department PETITION TYPE(Indicate type below complete a separate Addressing Checklist breach Petition type) 8L(Blasting Permit) SDP(Site Development Plan) BD(Boat Dock Extension) SDPA(SDP Amendment) Carnival/Circus Permit SDPI(Insubstantial Change to SDP) CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EI EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) FP(Final Plat SNR(Street Name Change) ❑ U.A(Lot Une Adjustment) SNC(Street Name Change-Unplatted) ❑ PNC(Project Name Change) TDR(Transfer of Development Rights) PPL(Plans&Plat Review) VA(Varience) PSP(Preliminary Subdivision Plat) VRP(Vegetation Removal PemUq PUD Rezone VRSFP(Vegetation Removal&Site FRI Permit) RZ(Standard Rezone) OTHER VON V.RIANce wrrnoN LEGAL DESCRIPTION of subject property or properties(copy of lengthy deeortptfon may be attached) 22 50 26 that portion as desc in OR 4210 PG 196 and Lely Resort Phase 2 FOLIO(Property ID)NUMBER(s)of above(attach to,or associate with, legal description if more then one) 00432960145 STREET ADDRESS or ADDRESSES(es app/icatoe, of already oaalgRed) • LOCATION MAP must be attached thawing exact location of project/site in rotation to nearest public road right- of-way • SURVEY(copy -needed only for unpiatied properties) PROPOSED PROJECT NAME(ieppepabfe) Aster et Lely Resort -Sign Variance Petition PROPOSED STREET NAMES(if app//cable) N/A SITE DEVELOPMENT PLAN NUMBER(lb,-existing projects/0as only) SDP 2007 - Aj""263_ or AR or PLO I ligg/14/2013/1 U 02:27 P1 waldrop engineering FAX No. 239 405 7399 P. 003 ....91kcaj,nty COWER COUNTY GOVERNMENT 2600 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)262-2400 FAX (239)2626724 WASOZWEBOVANIM Project or development names proposed for,or already wring in,condominium documents(if application; indicate whether proposed or existing) Please Check One J Checks st is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Waldrop Engineering do Alexis Crespo PHONE239.405-7777 ext. 207 FAX 239-405-7899 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) ®032%d 9'5 Folio Number Folio Number Folio Number t �APprovad ty;k pats: 3 Updated by: Date: IF OLDER THAN 6 MONTHS,FORM MUST BE UPDATED OR NEW FORM SUBMITTED AFFIDAVIT We/l, G.c I,, h p...4'" s L 1 C being first duly sworn, depose and say that well 1 am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. As property owner We/i further authorize Waldrop Engineering On Alexis Crespo to act as our/my representative in any matters regarding this Petition. I 1 Sig ., `re Property Owner .nature of Property •weer 5,454. t.;vF E), .* ,I.,'r et.. A)r,n4' "L/"ti.-: r t',;.tor iiii,7 t'7 it:i jP /4047- Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this L:& / day of Iit,,r `i°_A ,, 20 J ,by Ie. 7' ....a.a ; c-( ku' . JGcvho is personally known to me or has produced €. j c tiers 1 I Q...e t5 S as identification. 3 ' -14}...e_/k----- ~ tif3T.g9•.,ti'y2-' ,.(Signature of Notary Public-State of Hori.#a) G G � 6ro ,9}ck (Print, Type,or Stamp Commissioned Nome of Notary Public) May 25,2012 AGENDA ITEM 4-E Co T County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: JANUARY 23, 2014 SUBJECT: PETITION PE-PL20130001408. PATEL BUILDING PARKING EXEMPTION PROPERTY OWNER/AGENT: Owner: K&13 Commercial Rentals#5. LLC 1303 New Market Road West Immokalee, FL 34142 Agent: Randy Johns Phoenix Associates of South Florida. Inc. 2590 Northbrooke Plaza Drive, Suite 308 Naples, Fl 34119 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) consider an application for a Parking Exemption pursuant to Section 4.05.02.K.3.a.(2). of the Land Development Code (LDC): to permit parking for a commercial use on an adjacent lot, under the same ownership, that is not zoned commercial. GEOGRAPHIC LOCATION: The subject site is 0.33± acre. platted as Lot 6, Block 6, Carson's Subdivision. It is located in the southwest quadrant of the intersection of West Main Street and South 7th Street in Immokalee. The lot abuts 1.ot 1. Block 6. Carson's Subdivision immediately to the north. Lots 1 and 6 are located in Section 4, Township 47 South, Range 29 East. Folio Number 25582440008. (See location map on the following page.) PE-PL20130001408 Page 1 of 8 Patel Parking Exemption . aeeer11131Errel Igiiggg i , n IiII II11 �... �� ,IIII j 3 t33iuS uit 'S L37b15 vlY Elm REM M IIF `g ©��1®�i 11111111; INilleallik L W' '.a � 0 S Loos w14 C 1 o is . 111111114101 , 404 XN >S 0 immormole Iiiiiiimillithilifia! T.: L33aLS 44 "oN < _ --�.. S 133MLS 43£ Pm�®® mte r--Hill' -iiiigiiiiii C91 S 11 111 111 II! 1111Fm mall ° ��� F ' 1111 . w_/NL-,,,,ril 11 NM I I NMI Vwif © �Irl 111 lJ iil iiNi ii v Id 111 1111111111111111 N ..._ .1(1......... ..... S 13321.5'4 e N u. V z M0 '.,P U3 s rcoo a 02 M: O cv J' mons«u, M LU CL n 0 F a w' <s 0. to N x n o w w �,0 7 1 m 'w 01 R N bz as ..I . .,„,J 2 0 ... ,,., b n a m * i n iu y m a b Q 0 N N K ' p N R a U 7. I z w PURPOSE/DESCRIPTION OF PROJECT: The Petitioner has applied for a Parking Exemption to permit the parking for a 4,0001 square foot building to be constructed on an adjacent lot, under the same ownership, which is not zoned commercial. The subject lot is zoned Village Residential (VR). The adjacent lot upon which the building is proposed to be sited is zoned General Commercial within the Main Street Overlay Subdistrict(C-4-MSOSD). Both lots are within a Wellfield Protection Zone. The applicant proposes to construct two restaurants and an office on the C-4 parcel and use the VR parcel for parking. This requires approval of a Parking Exemption by the HEX. The C-4 zoning district requires a minimum 700 square-foot structure. The entire C-4 lot contains less than 10,000 square feet of area; therefore designing a site with a building, required setbacks, stormwater management and on-site parking, would be challenging, if not impossible. The property owner has decided to request a Parking Exemption to create a more workable site plan. SURROUNDING LAND USE & ZONING: North: A vacant lot (under the same ownership as the subject site) and two lots developed with commercial structures; Zoned C4-MSOSD. East: South 7th Street ROW; across which is a lot with a single-family house; Zoned VR South: A lot with a single-family house; Zoned VR West: A mobile home park; Zoned Mobile Home(MH) C-4-NISOSD Lot 39 4 3 '" 5 CP; 6 -i Li 1: 7 •••\ fl 8 8 9 ftwwwwwwww, 1 Zoning Map Detail (BCC) PE-PL20130001408 Page 3 of 8 Patel Parking Exemption ., '' •,i,,i l -i "A'IN ' '' , g. ‘ '`'' '''' ''' ' N ' 44N■ ' 4 . ',,fN _,•.., . '''','v.?'' 7 '"''''''''"I''' —,-.- f.. •'1!:$^i'W,M. It; ' .„, ,, * .,,:, . ,,,,,,i,-5- , , . v ,, i , l' , ' ' , ''1 , ., .. Pe'...,^;'..'1,' .,,,, lite - '''''''4' \ % ` , . , „ ,.., .,• ;!,,,,,„;:ii,a, .- '",, ,' ; '.-, Aerial Photo(CCPA) GROWTH MANAGEMENT PLAN (G * = Exemptions..since they they havc no (GM?)CONSISTENCY: . , Comprehensive,Plv‘atihnimngaiSlatagfel'mdeoleits Plan. ANALYSIS: Parking impact on the Oro ANALYSIS: The Collier County Hearing Examiner shall consider the following criteria for the approval of a parking exemption: 1 - Whether the amount . ( ()If:rf these requtremite parking requirements. Iv.required by Sections 4.05.04.G and 4.05.09 of the 1.,DC', or is in excess of PE-PL20130001408 Page 4 of 8 Patel Parking Exemption The proposed 4,000± square foot building requires 22 parking spaces for the uses of a restaurant and an office. The Site 'Development Plan (SDP), currently under review, indicates that 24 parking spaces will be on the subject site. Staff considers this to be within the normal range. There is no stacking requirement proposed. 2 - The distance of the farthest parking space from the,facility to he served The farthest parking space is approximately 150 feet, by travel-path, from the building. 3 - Pedestrian safety if the lots are separated by a collector or arterial roadway. The lots abut; they are not separated by a road. 4 - Pedestrian and vehicular safety. The proposed SDP incorporates the same safety requirements as a site which would not require a Parking Exemption. 5 - The character and quality of the neighborhood and the !inure development of surrounding properties. There are residential properties to the south and the west of the subject site. The LDC requirements for buffering a commercial use from a residential use shall apply, which will help to lessen the impact of the parking lot. 6 - Potential parking problems/Or neighboring properties, No parking problems for neighboring properties have been identified. 7 - Whether the internal traffic flow is required to leave the site to reach the proposed off- site parking. The only vehicular access to the site will be on South 7th Street, onto the subject lot. The proposed building on the C-4 lot will only have pedestrian access. 8- Whether vehicular access shall he from or onto residential streets. The only vehicular access to the site will he from South 7th Street, onto the subject lot. South 7th Street is primarily residential; however, the subject site abuts commercial zoning to the north. 9 - Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. Section 4.02.32.E (Main Street Overlay Subdistrict)of the LDC permits the SDP to provide a minimum 10-foot wide buffer adjacent to residential zoning, with the option of either a PE-PL20130001408 Page 5 of 8 Patel Parking Exemption - wall or a hedge. A cops of the landscape plan is attached as a part of Attachment -13". 10- Whether the (rff:site pa ar ticei nga reauls will.be used for valet parking. Valet parking is not anticipated to he d well as customer par 11 - Iiiheiher the of/-s I used for employee parking as subject site ‘vill be us ' parking area will he used/or employee parking. The parking. Exemption would be to p . would constrain the Parking ExemP footage 12- Whether there are more viable alternatives minimum square -footage on-site parking, which would 79 limit many permitted uses, since the required mi required parking. #1' - t*'517:'';;:r ' ,',..*21,„ . .•.,, ....to' , pit,z, -' ''' . ', ':-.:, , p•as'Ig,t,'4.' ---.:4'?',' ,s 4e ". - ' th Street(Google) h 7 Subject Site-view to the west fTroituNS NEIGHBORHOOD properly. GHBORHOOD INFORMATION MEETING No 5- Street. Neighbor o okalee ( . RA 750 South ... aAt 4:00 PM at the Imm Neighborhood Information Meeting Gunoticed u(tN lM):a and held on December 2, 2013 members of the public attended. PE-PL20130001408 Page 6 of 8 Patel Parking Exemp tion 4.id • ^: Cjail Z $ 14 $ t- SDP-1 thJ IITI DEMI NSONA1 NAN, t Pt k General Site Configuration(not a final SDP) COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition PE- PL201300001408 on December 31, 2013. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition FE- PL20130001408, subject to the following conditions: 1. Use of the subject lot for parking is permitted only in conjunction with an adjacent commercial use, not as a free-standing parking facility. 2. The subject site is to be used for parking, water management. landscaping and directional and safety signage only. Other structures, including dumpsters, are not permitted. Attachments: A. Application. 13, General Site Configuration (not an SDP) PE-P[20130001408 Page 7 of 8 Patel Parking Exemption FRIA)REISCHL AICP DATE SENIOR PLANNER REVIEWED BY: I 2 RAYMO ill V. BELLOWS DATE ZONING ANAGER MICHAEL BOSI. AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT PE-PL20130001408 Page 8 of 8 Patel Parking Exemption t 1 — - Cm ,.■ u.starrn=g1,.. .**".....ok ta el. Otil vaZit. '.or4vit -N glIMICP""94 r7111 • 41,47-voracchi..4.1.001 40 itaiNg3OSsv ,,,, ,.. is Hu wis prof 74 do mow As .13=4,. ..... . „X 1 N.41 A 4C310 11-111 41 \+-t.r.r,-' ONI071119 13.1Ned, 1 = .....,... .. _ ....... . _ 1 9 V3 __ •, . , t.---,------ it 4 ' i —'•.., 1-i — rt , ,41 vi ..1 — 4,4 – , 1 I . IA Ism." t ' .....1 .. .. . 1 r 0 1 h ill ii _j 1 W I- ..... til .4 ik 4 14 4 :I ,1 1,- 4 I 4 L.,_ J ■ ,4 t 1 i ' '."4::::7=7 1 /7"''''''''''''' O..1 !I i Z 1 killi 1 PP ij ft r i 11 t . . o.., 1 t • ,Al , VI i 21 ,,.- . ........ l' L ' , ifil , AM . I ....1' L.. -... - ammo ,4 I • • I Z + ' , + I • -—I ....,,.....y.,.. 1 I . .1 , 1 tri ,, Ir —+ • i ; Z u..$ - i i - • 1 it, -- I [ 1 CD 1 ,—J—. I .• . t 1 J ‘-"' Ki........, • 554.198...AV toltol notAt ow....us stot mot■4 ,At vo 10.1.111 MIK Co L County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6368 www.coIllergov.net APPLICATION FOR PUBLIC HEARING FOR PARKING EXEMPTION (LDC 4.05.02.K) PETITION NO (PL) PROJECT NAME To he completed by staff DATE PROCESSED GENERAL INFORMATION APPLICANT K&B COMMERCIAL RENTALS #5, LLC ADDRESS 1303 NEW MARKET ROAD W. CITY IMMOKALEE STATE FL ZIP 34142 TELEPHONE# CELL# FAX# E-MAIL ADDRESSS: AGENT RANDY JOHNS FIRM PHOENIX ASSOCIAT S OF SOUTH FLORIDA, INC. ADDRESS 2590 NORTHBROOKE PLAZA DR., #308 CITY NAPLES STATE FL ZIP 34119 TELEPHONE# 239-596-9111 CELL# FAX# 239-596-2637 E-MAIL ADDRESSS: RJOHNS@PHOENIX-ASSOCIATES.COM OWNERSHIP INFORMATION NAME OF OWNER(S) K&B COMMERCIAL RENTALS #5, LLC ADDRESS 1303 NEW MARKET ROAD W. CITY IMMOKALEE STATE FL ZIP 34142 TELEPHONE# CELL# FAX# E-MAIL ADDRESSS: r County Coe COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.colliergov.net BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS, ADDITIONALLY, THIS PETITION IS SUBJECT TO COMPLIANCE WITH CERTAIN NEIGHBORHOOD INFORMATION AND SIGN REQUIREMENTS OF THE LAND DEVELOPMENT CODE (LDC). GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 3 C r County olke COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 vvww.colliergov.net PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. PRINCIPAL SITE: Section/Township/Range 04/47 5/29 E Plat Book 2 Page #: 40 Lot: 1 Block: 6 Unit Subdivision: CARSON'S Property I.D. Number(s): 25582440008 Metes & Bounds Description: Size of property: 76 ft. X 13Q ft. = Total Sq. Ft. 9,880 Acres 0.23 OFF-SITE PARKING AREA: Section/Township/Range 04/47 5/29 E Plat Book 2 Page #: 40 Lot 6 Block: 6 Unit Subdivision: CARSON'S Property I.D. Number(s): 25582440008 Metes & Bounds Description: Size of property: 75 ft, X 190 ft. = Total Sq. Ft. 14,250 Acres 0.33 Address/general location of subject property: 105 S. 7TH Street, Immokalee, FL ASSOCIATIONS $jftJr9oty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.coiiiergov.net Complete the following for all Association(s) affected by this petition. Provide additional sheets if necessary. If there are NO associations, please Indicate N/A for EACH Item. NAME OF HOMEOWNER ASSOCIATION: NIA MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an. INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address %of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.colliergov.net Name and Address %of Ownership S&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address %of Ownership K&B COMMERCIAL RENTALS#5, LLC 100 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address I %of Ownership THAKORBHI PATEL 100 Date of Contract: 08/07/2013 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership,or trust, Name and Address Co me County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 wvvw.colliergov.net PROJECT INFORMATION Zoning of proposed off-site parking lot VR Zoning of commercial tract the Parking Exemption is proposed to serve C-4-MSOSD Type of land use that the parking exemption is proposed to serve COMMERCIAL Total number of parking spaces required for project 22 Number of Parking Spaces Proposed Off-Site 24 Is the proposed parking lot separated from the permitted use by a collector or arterial roadway? YES Z NO If yes, please name the roadway: Does the permitted use propose to share required parking with another permitted use? 0 YES i4 NO EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of Zoning Adjustments shall be based upon consideration of the applicable criteria noted in LDC Section 4,05.02.K.3.b. Please provide a narrative statement describing the request with specific reference to the criteria noted in the cited section of the LDC. Include any backup materials and documentation that you wish to have considered in support of the request. cote*T County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 vmxmx.cmNimp0mnnot SUBMITTAL REQUIREMENTS GENERAL INSTRUCTIONS Application must be clearly printed or typed. All material must oe legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre- application meeting. PRE-APPLICATION MEETING NOTES Provide copies of notes taken at pre-application meeting, if one was held. ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Odvw, Nap|eo, Florida 34104. Phone (239) 252-2482, FAX(239) 252-5724 DIGITAL REQUIREMENTS An electronic version of all plans (in pdf format) and documents(in Word format) on CDROM must be submitted as part of the original submittal package. BOUNDARY SURVEY, if required Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights-of-way, and areas dedicated to the public. The Survey shall be accompanied either by an Attorney's Opinion of Title, or by a sworn statement from the property ovvner(e1 stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey, CONCEPTUAL SITE PLAN 2O copies ofa24"u3G"conceptual site plan drawn toa maximum scale of1 inch equals 400 feet 1 reduced 8Wxi1" copy of site plan. A copy of the 8.5 inch by 11 inch copy must be included in the CDROM in pdf format. Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards. The site plan shall show the following information: • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s)on site), • all existing and/or proposed parking and loading areas (include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed and/or existing landscaping and buffering as may be required by the County ' | Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 wvvw.colliergov.net OWNER/AGENT AFFIDAVIT Affidavit signed by owner authorizing agent and applicant to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. FEES Required fees in accordance with the adopted Fee Schedule effective on the date the application is accepted by Collier County. Check shall be made payable to: Collier County Board of Commissioners. $1500 Application Fee $925 Legal Ad for CCPC $500 Legal Ad for BCC Property Owner Notification Fees will be invoiced at $1.50 per notice NOTE: In accordance with adopted Fee Schedule ■ When land use petitions are continued, additional fees payments may be required. 1. An additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. OTHER REQUIREMENTS NEIGHBORHOOD INFORMATION MEETING LDC Section 10.03.05 F.3. Any applicant requesting parking exemption approval must provide documentation to the Zoning Department indicating that property owners within 1 S0 feet of the subject site have been advised of the extent and nature of the Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 vvww.colIiergov.net parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient. Where it has been determined that there is a property owner, functioning condominium or civic association which has made formal request of the County to be so notified, then the applicant must provide written document to the Zoning Department indicating that such property owner or organization has also been notified. A list of property owners must be submitted to the Zoning Department at least 2 weeks prior to the scheduled date of the first advertised public hearing. The applicant must provide a written account of the result of such notice and shall submit any and all written communications to the Zoning Department. ote*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 262-6368 www.colliergov.net PARKING EXEMPTION -(PE) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Completed Application 20 LI Pre-Application meeting notes 20 11 - Conceptual Site Plan 24"x 36" 20 LI Site Plan 8 'A x 1 1" 1 LI Narrative Statement(based tjpon LDC Evaluation Criteria) 20 11111111p Warranty Deed 2 Owner/Agent Affidavit, signed&sealed I LI Boundary Survey, no more than 6 months old (24"x 36") 4 itj Electronic copies of all document& Plans I Addressing Checklist 2 all 111 III II Location Map 2 CI U 10-Year Lease Agreement(see LDC 2 • Fees: The following are current; however the fee schedule is subject to change. The petitioner will be required to pay fees in compliance with the adopted Collier County Fee Scheduled in effect when the petition is accepted by Collier County. kl $1,500 Public Hearing Application Fee $500.00 Pre-application fee credit (Applications submitted 9 months or more after the date of the last pre-application meeting shall not be credited towards application fees; a new pre-application meeting may be required. 1 $900.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt Naples Daily News Invoice). $500.30 Legal Advertising Fee for BCC meeting W. Property Owner Notification Fees, Property Owner Notifications $1.50 Non-certified; $3,00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. AgntJApptlt SIGNATURE Date PRE-APPLICATION MEETING NOTES &SUBMITTAL CHECKLIST El SDP ❑ SDP Amendment PL# 2013-1408 Date: 7.31-13 Firm: Phoenix Applicant: Chris Lascano Project Name: K&B Commercial Proposed#of Residential Units: Nr/P'' Proposed Commercial Square Footage: 3500 Project Addr/Location: SW Corner of West Main Street&7th Street South: Immokalee Size of Project Site: 0.23 acres SDP#for Amendments N/A Zoning/Cond. Use/PUD: C-4-MSOSD Ord.iRes.#: (Circle One) Is SDP within a plat? Provide name and AR#: Carson's Subdivision PB 2, PG 40 Meeting Attendees(attach sign in sheet) Assigned Planner: Fred Reischl p Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net SITE DEVELOPMENT PLAN (SDP)APPLICATION,(SOPA)APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH THE APPLICATION PACKET • ITEMS MUST BE IN THE EXACT ORDER LISTED BELOW • A COVER SHEET MUST BE ATTACHED TO EACH SECTION NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRE STANDARD REQUIREMENTS: Cover letter briefly explaining the protect 12 X SDP application(completed&signed) 12 X Site Development Plan(signed&sealed)including cover sheet(LDC 10.02.03.8,1.b.) 12 X P1.10 document(if zoned PUD)or Conditional Use on CD 2 X Addressing Checklist 1 X PUD Commitments per LDC Amendment Ord.No.08.63,Sec 10.02.01H 12 X ADDITIONAL COPIES OF SITE PLANS, as needed:Immokalee CRA—1 additional set 1 X Architectural Review is required-1 additional set 1 X Located in Pelican Bay Services District-1 additional set 1 X Located in the Bayshore/Gateway Triangle Redevelopment Area-1 additional set 1 X Located within the RFMUD or RLSAO areas-1 additional set 1 X Affordable Housing protect-1 additional set 1 X School Board Review,if residential 1 X **TO BE INCLUDED ON SITE PLANS: Native vegetation retention/mitigation plan,Section 3,05.07.8 1'ctc- PC41r..e-Ki4' *92 X Site clearing plan/vegetation inventory,(LDC 10.02.03,8.1.Lxii,LDC 10.02.03.8,14.) **12 X If clearing or filling outside infrastructure is requested,differentiate on site clearing plan(using *92 hatchi • on. :.:.. the Infrastructure clean'. - piie,..an lot prep clearing as allowed by VRSFP'regulations. Pray.e : acreage calculations for eac ctf clearing re d--- -- (LDC 4,06,04 A) Aerial photographs(taken within the previous 12 months min.scaled I"=200'),showing FLUCCS *92 X Codes,Legend,and protect boundary Preserve management plan _ **l 2 ZONING: Boundary&topographic survey(1 of 7 signed&sealed)per LDC 10.02.03.B.1.b.II.(e)(LESS THAN 6 MONTHS OLD) 7 X Including opinion of title or property owner statement/Affidavit per LDC 10.02.03.B.1.b.ii.(e) 1 X Notarized letter of authorization from property owner designating applicant as agent(LDC 10.02.03.8.1.0) 1 X Pi Recorded Deed or contract for sale(LDC 10.02.03.8.1.0.) (non-recorded deeds or Property Appraiser print-outs will not be accepted) 2 X PUD monitoring report 4 Property ID number and legal description 1 X Fee Calculation Worksheet&Review fees,signed 1 X JUNE 2011 Co I er County may. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coilieraay.net CIS, i Copy of Site Development Plans(DWG or DFX format)on CDROM disc in State Plane NAD83 feet Florida Ease Coordinates(LDC 10.02,03.3.1.b.iti) 1 X LANDSCAPE&IRRIGATION REVIEW% Landscape Plans(signed&sealed),(LDC 10.02.03.8.1.c.)(LDC 4.06) 7 X Irrigation Plans(LDC 10.02.03.8.1.c)(LDC 4.06) 7 X ARCHITECTURAL OR NON-ARCHITECTURAL REVIEW: For projects subject to Architectural Review: X Architectural plans must be 1/8"scale minimum(signed&sealed),including 1 color rendering, (LDC 10.02.03.B.1.II.f.)including; 6 ✓ Every Façade of each building must be shown on Architectural plans ✓ Building cross sections or typical wall sections(LDC 5.05.08.C.10 and LDC 05.08.E.3) ✓ Dumpster details;height,material and color(LDC 5.05.08.E.3) ✓ Light pole details or cut sheets height,material and color(LDC 5.05.08.E.6) ✓ Color paint chips and roof color point chips or samples(LDC 5.05.08.C.5.a) 1/Floor plans and building elevations H This project qualifies for a separate"Alternative Architectural Design"submittal per 5.05.08.F. Additional fees($500.00)and submittal application is required. For projects not subject to Architectural Review: For projects not requiring architectural review: Floor plans and elevations with dimensions. This information,showing floor area by use,is intended only to determine that the use is compatible 6 with the zoning,establish parking requirements,and show building height measurements meeting Code. Full architectural or construction drawings are not needed. Simple floor plans&building elevations w/dimensions, This information.showina floor area by use,is intended only to •S -li;ir I J > - n•,i•• •,` •a it,- •.',- =r: •• I •r:.d.,• • • -u.-,;t: •.c•. ., OW building height meeting Code.If the project is 091 subject to Architectural Code review,floor area use may be shown on the site plan and the building height shown on simple elevations, either on the site plan as an inset or on a separate sheet--full architectural or construction drawings are not needed. i � 1 ENGINEERING/STORMWATER: Drainage calculations signed&sealed by a professional engineer licensed in the State of Florida 3 ✓ Estimated cost of construction of Roadways,Paving&Drainage 1 SFWMD permit,permit modification,or waiver(LDC 10,02.03.B.1.j.)including staff report 3 exhibits Engineer's Report with Assumptions&Explanations per Ord,2001-57 include 25-year 3-day 4 t - storm routing Excavation permit application H draulic Grade Line Pi•e calculations for culverts 1 Lighting Plan(multi-family) 1 Engineering Review Checklist Signed by a Professional Engineer 1 UTILITIES: Estimated cost of utilities construction,Water&Sewer calculations signed&sealed by a 1 Professional Engineer licensed in the State of Florida IF COLLIER COUNTY- Engineer's Report,signed&sealed, containing the following: ✓ Sewer Hydraulics 3 ✓ Lift station hydraulics to first downstream master station ✓ Lift station buoyancy calculations ✓ Chloramine Dissipation Report ✓ Fixture Count Water and/ Sewer availability letter 1 Fixture Count 1 .✓ DEP utility installation permits(woterJsewer)(LDC 10.02.03.B.14i) 1 ✓• Utility Review Checklist 1 JUNE 2011 Corr er County 1 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coliiergov.net TRANSPORTATION: Traffic Analysis _ 7 Copy of Traffic impact Statement(VS)on CDROM 3 Right-of-Way permit application(County/FDOT) 1 ENVIRONMENTAL i Environment Impact Statement--printed copies 2 x Environment Impact Statement In electronic format (Planner,Environmental) 2 Original conservation easement document including signed and sealed legal description and boundary survey for preserve—include protective language,sketch and description In 1 construction •lons•contact review staff for current version (attach cover letter to documents) Listed S•=cies Surve •less than 12 months old. Include co•les of •revious surve s 2 'C Vegetation Removal&Site Fill Permit application I USACOE permit and exhibits,(LDC 10.02.03.8.1 1 x Approved wetland iurisdictionai lines(less than 3 years old) 1 0 Agency accepted UMAMJWRAP scores i tsl FIRE Fire Flow Test from Fire Deportment(no more than 6 months old),(LDC 10.02.03.8.1.b.ii.(d)(ii1 2 X Location of existing and proposed fire hydrants 2 X information in the Standard Building Code,type of construction,total square footage under roof,occupancy/use,fire sprinkler data(NFPA 1141),(LDC 10.02.03.8.1.11d.)PLEASE INCLUDE THIS INFORMATION ON.40111EWTHE COVER PAGE WOWS OF THE SITE PLANS 2 X COA: Completed Certificate of Adequate Public Facilities Application(LUCI0.02.07),including the application fee and estimated Transportation Impact Fee calculations. 2 . ' Review by Utility Billing is required for verification of trash container requirements X If located In RFMU(Rural Fringe Mixed Use)Receiving Land Areas; Applicant must contact Mr.Gerry J.Lacavera,State of Florida Division of Forestry 239-690-3500 for information regarding"Wildfire Mitigation&Prevention Plan",LDC Section 2.03.08.A.2.a.(b)i.c. Affordable Housing or Economic Development Council Projects: 0 EDC"Fast Track"must submit approved copy of official application 2 0 Affordable Housing"Expedited"must submit copy of signed Certificate of Agreement. School Concurrency—School Impact Analysis Application,residential projects only 2 MISCELLANEOUS: Other required permits; I., k ❑ Check here if there are an any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Route package to The Conservancy,Attn:Nichole Ryan Agreement# 0 Deltona ❑Lely Barefoot Beach ❑Port of the Islands Interlocal Applicant/Agent Signature Dote JUNE 2011 111. Thrtr COUntY aiorow- 'Iwomod..00"'""alm COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coll ieroov.net Notes required on the SDP: a. Exotic vegetation as defined by the Collier County Land Development Code shall be removed from the site and subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. b. The review and approval of Improvement Plans does not authorize the construction of required improvements,which are inconsistent with existing easements of record. c. The property owner is responsible for replacement of all dead landscape material and for the maintenance of the required irrigation system. d. The property owner is responsible for the perpetual maintenance of all features of the surface water management system as outlined by the design engineer on these drawings. e. Vegetation to remain shall be protected with approved barricading (detail shown) and barricading will remain in place until completion of construction. Noe • • rAw 4 e - AL • . 69 • 711».4 -tylAocztritell d1 -e,f7'f Are 47 Ave-efe aJ- d1 / 1,141‘,2(V LW oc Alte We, cte- Te-Q "1". rty celtt\ N‘ A rek3 c,( 3.47,11&-D y\o'k 5 AJ (Vt Vro-.3Lk „...k I yol. A —"Alkam vika■ Ai-I.— 1 OP-4! .1 L4 .;• , -C114)Jr-Garri Cre/ (r-1, /i)€04 96 IF bum k' Lo-r A-1—tot3 t s _0Y-A ciA) ()) C.c... 03.69 Pa_ Alb 17 0./Jm-z- (sTc-c, c Ctts \ "\As es-C I kd oNo\ -1)F \0... St3P KZ. 43*.„\.. 0,,ssu, ; • , ' t_ /Novi(‘ Le,e.Le tr--or co JUNE 2011 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coIlleraov.riet Fee Calculation Worksheet-Site Development Plans - , • • Residential only: $5,000.00 Plus$100 per residential structure, plus$40 per dwelling unit $ Number of Buildings: Number of WU: 12) Non-residential only:$5,000.00 Plus$200 per non-residential structure,plus$0.10 per sq.ft. $ Number of Buildings: Total Square footage: 0 When a building consists of both residential and non-residential uses,the fees shall be calculated as follows: $500000 Base fee $200.00 per structure $40.00 per residential dwelling unit $0.10 per square foot of non-residential floor area except for parking garage structures shall be calculated at$0.05 per gross square foot of floor area(sq.ft. X$0.10)(sq.ft. x$0.05) 417($200$Fire review // If II Residential only:$2,500 Plus$100 per residential structure plus$40 per dwelling unit Number of Buildings: Number of DM: 0 Non-residential only: $2,500 Plus$200 per non-residential structure, plus$0.10 per sq.ft. $ Number of Buildings: Total Square footage: 0 When a building consists of both residential and non-residential uses,the fees shall be calculated as follows: $2,500.00 Base fee $200.00 per structure $40.00 per residential dwelling unit $0.10 per square foot of non-residential floor area except for parking garage structures shall be calculated at $0.05 per gross square foot of floor area(sq.ft. 40,10)(sq.ft, x$0.05) 0 $150 Fire review • . : • I •.,■: • •• •: • • •: • p p op.: 0,„; • g ;' • _ 111 Construction document review-0.75%of probable water/sewer construction costs Cost Estimate$ 0 Construction inspection-2.25%of probable water/sewer construction costs Cost Estimate$ • , Construction document review-0.75%of probable roadway,paving&drainage construction costs _ Cost Estimate$ PI Construction inspection-2.25%of probable roadway, paving&drainage construction costs Cost Estimate$ 0 $20 Environmental Health Review Fee, if applicable (grease trap,septic tank or underground storage tank) $250 Site Clearing fee(first acre or fraction of an acre,round acres up to next whole acre) $ plus$50 for each additional acre or fraction of an acre:($3,000 maximum) p•-;p pp , - p* • P,. - CI Methodology Review-$500.00(p - e attach a separate check for transportation review fees)$ RI Right-of-way Permit-Submifted •irec poi the Transportation Dept.with applicable fees(774-8260) Utilities ID Utilities Modeling and Analysis Fee-$1,000 (per Resolution No. 08-53),applies only if zoned PUD/DRI $ JUNE 2011 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.collieroov.net Other Fees ❑ $2,500 Environmental Impact Statement review $ ❑ $1000.00 Listed or Protected Species survey review fee(when an EIS Is not required) • $300 Conservation Easement application fee Mgt the following additional site fee: $200.00 for CE acres less than 5 acres; ❑ $400.00 for CE area between 5 acres and 10 acres.;$800.00 for CE area greater than 10 acres and less than 20 acres; $800.00 for CE areas between 20 and 50 acres;and an additional$200.00 for every 40 acres of CE area over 50 acres. $ tr COA application fee$200+$25 per Q.U.or per 1,000 sq.ft.commercial($5,000 max.) $ ❑ Excavation Permit Fees(see next page for calculations) $ Fee Subtotal: $ Pre-application fee credit, if applicable -$_ (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Total Fees Required $ (Make checks payable to Board of Co.Commissioners or BCC) Additional Review Fees for SDP(resubmittals): 3'd Review=$1000 4°1 Review=$1500 5th Review=$2000 6th and subsequent reviews= $2,500 Additional Review Fees for amendments to SDP(resubmittais); 3`d Review=$1000 4th Review=$1500 5th and subsequent reviews=$2,000 Additional Review Fees for Insubstantial Change to SDP(resubmittals): ` 3"d Review=$1000 4th Review=$1500 5th and subsequent reviews= $2,000 Additional Review Fees for EIS(resubmittals): 3`d Review=$1000 4s`and subsequent reviews =$500 E JUNE 2011 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.collleraov.net Pre-Application Meetings Fee=$500 Fee will be credited toward application fee upon submittal with the following exceptions: 1. Applications submitted 9 months or more after the date of the last pre-application meeting shall not be credited towards application fees and a new application meeting will be required. 2. Second and subsequent pre-application meetings, at the applicant's request,shall not be credited towards application fees. 1 Second and subsequent pre-application meetings at staffs request will be held at no charge to the applicant. Project Meetings 1. Meetings with Land Development Services Department Project Manager per applicant request, site plan reviews and land use petitions in progress, $150.00 per one hour minimum, $75.00 per 1/2 hour thereafter. 2. Additional Land Development Services Department staff attending meeting per applicant request, $75.00 per 1/2 hour per staff member 3. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per Yz hour thereafter. JUNE 2011 ......... . Co Tirer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX(239)252-6358 yvrvw.col I iergov.net 1 EXCAVATION REVIEW FEES REVIEW FEES: ❑ Private: $400.00 ❑ Commercial: $2000.00 0 Development: $400.00 ❑ Modification: $300.00 Annual Renewal $300.00 ❑Cubic Yardage Fee: $200 first 5000 c.y.;$10 per additional 1000 cy; maximum of$20,000.00 ❑ Inspection fee: $150 per month payable yearly at the time of the annual report EXCAVATION PERMIT SUBMITTAL REQUIREMENTS: 1 The following information is to be submitted with the site plan regarding the excavation: 1. Attachment"A"prepared by a surveyor or engineer registered in the State of Florida showing all information required in Section 22-111 of the Code of Laws and Ordinances, Ord. 04-55 2. Attachment"B"—For commercial applications, a list of names and addresses of nearby property owners as required by Section 22-111(3)d of the Code of Laws and Ordinances, Ord. 04-55. 3. Attachment"C"—Evidence provided by applicant that the excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of Critical State Concern. If owner is partnership, limited partnership. 4. If owner is land trust, so indicate and name beneficiaries; If owner is corporation other than public corporation, so indicate and name officers and major stockholders; If ownership is partnership, limited partnership or other business entity, so indicate and name principals. 5. Provide the following information on the Planting Plan for the LSPA:calculation table showing the required area for the Littoral Shelf Planting Area(LSPA); show the control elevation and the dry season water table(NVGD);the maximum water depth and estimated number of months of flooding for the range of planted elevations with the LSPA; a plant list to include the appropriate range of elevations for each specified plant species, spacing requirements, and plant size; planting locations of selected plants; and details of the appropriate signage denoting the area as a LSPA. JUNE 2011 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colllergov.net VEGETATION REMOVAL &SITE FILL REVIEW REQUIREMENTS: Review Fees: Already fisted under clearing fees The following information is to be submitted with the site plan regarding the VRSFP's: 1. Provide the calculations to justify clearing up to 25 acres for storage of excess lake material. JUNE 2011 Co I.,er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-8358 www.colliergov.net SDP/SIP DATA TABLE,RECOMMENDED FORMAT Zoning,Subject Property S.Surrounding(example) SUBJECT PROPERTY: PUD(Westview Plaza) SURROUNDING: N I(industrial) S Gail Blvd ROW,then E(Estates) E RSF-3(Residential) W PUD(Westvlew Plaza) Setbacks.Interior Lots(example) SITE DATA I REQUIRED PROVIDED FRONT YARD 25' 50' SIDE YARD#1 (N5) 15'or 1/2 BH (BH = 30) 15.5' SIDE YARD#2(5) 15'or 1/2 BH(BH = 30) 25' REAR YARD 25'(PRESERVE SETBACK**) 25' Setbacks,Corner Lots/Lots having more than one street frontage(example) SITE DATA REQUIRED PROVIDED FRONT YARD#1 (NE*) 25' 25.5' FRONT YARD#2(SE) 20'(REDUCED 2"0 FY SETBACK 20' PER PUD DOC,SEC 3.4.5**) SIDE YARD #1 (SW) 15' , 5.5' SIDE YARD#2(NW) 15' 30' * Use closest corresponding compass point:N, NW,S,SE,etc. ** Explain special yard requirements or allowances&cite PUD document where applicable Separation of structures (example) REQUIRED PROVIDED 15' 17' or 115'or 1/2 sum of building heights(SBH) 1 20'(SBH =40', 1 X 40'= 20') 1 Building height (example), REQUIRED PROVIDED 75' 50' Residential minimum floor area (example) REQUIRED PROVIDED 1,200 sq ft 1,850 sq ft JUNE 2011 - . ....-. 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W. tv ill tf j,12'Jig;, 711 Ii.C. ,,,1 itiol li; • 1 I i-, t 1■'.... t, tI{6.ti;R- ',k i 4 i,p.!.t x 1 ;I F=i C1-I ii l 11 l i i 1I;P!i.iv=1 i 1 i 1 10 i1i1,i1I.1i,i1i;,t 1 i:I I 1Iil.nt4J le 1 1 :,ih?•-, V 1 ii WI t Wtll1 t ! — 1 i 1 , 1 1 ii, hji i ,a 4 f st I"4 I i X'' • --4-"......,,,, s ,, i ft f 3i . ri , i ;•:.;,? 0 ;111 I l' I pi. fri,:, .4,, It i 11 1;€1 ttlt LI ft 1 - iaji'11 1.' 1' I Oil I L.,1,i 1 Mt 1%41 ;ta ;• i ,0 'i .t1 lit ;Jill ell tii ■ ii 1 i5 ti;fli i 1-1 4 i t,-,ii tilt iii,i ittp. till 1pf.t1 1....11 ,iitt dbl. f 11.4:1, In it ti ti, l'; , I iy."111 fi'l!li q;IP,IP 4/ i/tilt 'If Jill°Prit Itiltt =“a , t,,. ...,, • i ....■.■ PHOENIX ASSOCIATES OF SOUTH FLORIDA,INC. air#1334149 WWW.PHOENIX-ASSOC1ATBS,COM Authorized Builder for NUCOR Building Systems Corporation September 11,2013 Collier County Development Review 2800 N. Horseshoe Drive Naples,Florida 34104 Attn: Intake Planner From: Chris Lascano Re: Parking Exemption Application for:Patel Building—PL20130001408 To whom it may concern, We currently have Patel Building under review for SDP approval(PL20130001408). The project is located on the SW corner of W.Main Street&S. 7th Street in Immokalee. The SDP is proposing a 3,990 sf one story,non- sprinklered building for restaurant and office use. The parcel(Folio No.25582440008)consists of Lots 1 &6 of Block 6 of the Carson's Subdivision located in Immokalee.Lot 1 is zoned C-4-MSOSD and Lot 6 is zoned VR.We are proposing to locate the building and trash enclosure within Lotl (C-4-MSOSD)&the required parking for the site on Lot 6(VR).The parking area that is adjacent to VR zoning on the south and west side will have a 10' landscape buffer consisting of trees every 40' &a 6' high hedge. We are requesting a parking exemption for the parking located on Lot 6(VR). If you should have any questions,please feel free to call me at(239)596-9111 ext.203 Sincerely, CORPORATE OFFICES 2590 NORTIIBROOKE PLAZA DRIVE—SUITE 308—NAPLES,FLORIDA 34119 PII 239-596-911.1 - FAX 239-596-2637 . . .. . . . , „.. . .. ... ......._ ... ___. . _ "AS IS" Residential Contract For Sale And Purchase , • . 4; •■;, ., ..,,i 1,..!• II. ' 1 lt THIS FORM HAS BEEN APPIONEO BY THE R.OR3DA TORS AND THB FLORIDA SAFI Rea ors r PARTE& • - Z Zr Cornizisx.r a 0.- ole-ei 4 4 4 '5 Z 6 6 (*Seiler), r and Aff..1171.1411.....Mff CBUYee/ 3 agree that Seller shall sell and Buyer shall buy the follosang described Real Property and Personal a Property (collectively"Property")pursuant to the terms and conditions of this AS IS Residential Contract For Sale s And Purchase and any riders and addenda (*Contract): 6 1. PROPERTY DESCRIPTION: r (a)Street eddretle.CiLY,ziP,*. X ior 5. 71 '-r-fm.Yvtik4 a" (b)Properly blooded , ,,,itt ....e* . ,,Rorida.geluslopstriyaKiip , . Z , s- (c)Legal description of the Real Property: - So^AlW.A.4.4.4/I AllrixIMIIIKAMSTIZett,W,40.. •1 10' ii together with all existing Improvements and fixtures, inclutfing built-In appliances, built-In furnishings and iz attached wall-to-wall carpeting and flooring("Real Property')unless specifically excluded below. is (d)Personal Property: The following items owned by Seller and existing on the Property as of the date is of the initial offer are included in the purchase (*Personal Property): (I) range(s)loven(s), dishwasher(s), is disposal. ceiling fan(s). Intercom, light fixtures, rods, draperies and other window treatments, garage door is openers, and security gate and other access devices; and (it) those additional items checked below. If ir additional details are necessety,specify below. if left bier*,the item below is not included: Refrigerator( ) Smoke*Medals) istorowave oven Smutty system Washer Dryer Stand-alone ice maker Generator eic Pool banks/fence Pool equipment Pool heater Storage shed TV antentaisitelite dish Water softener/putter Spa or hot tub with heater Siam shutters and Above ground pod panels is The only other items of Personal Property included in this purchase, and any additional details regarding sr Personal Property,if necessary,are: 27 zi Personal Property is included In the Purchase Price,has no contributory value,and shall be left for the Buyer. 22' (e)The following items are excluded from the purchase:. 23. ze 2. PURCHASE PRICE (U.S. currency): - S'I /9049a ea' as* (a)Initial deposit to be held in escrow in the amount of(checks subject to COLLECTION) 14y 5- 25 The initial deposit made payable and der to"Escrow Agent*named below zr (CHECK 014E):0 accompanies offer or is to be made upon acceptance(Effective Date) sr or Gill g to be mode in Of linIr.„then 3)Mlle after Effective Date zr Escrow Agent)nWmatiorc tfarq,e; te.-4,-s 7 -Cvpsejx, Xr Address,: rn•4-64-tv,..c.z 9,4',e,....f,,,c. Phone: 2,7 y.-yz5-027,,F Sr E-mal:dr-•!or --...'".4.0,44.4.4 .... ,A ..' ' Fax: 1-:;9-iet s"--47.7f 32' (b)Ackfifional .-.,-:',to be delivered to Escrow Agent virthin (if blank,then 3) xr ' days after Effective Date .$ 34 (All deposits paid or agreed to be paid,are colledivelyreterred to as the'Deposit-) 35* (c)Financing:Express as a dollar amount or percentage("Loan Amount"see Paragraph Ei $445:Lf....,‘f;t 0, sr (d)Other ...... , ar (e)Balance to dose(not including.Buyees closing costs,prepaids and prorations)by wile sr transfer or other COLLECTED funds Scf 3, NOTE For the definition of"COLLECTION"or"COLLECTED*see STANDARD S. - 40 3„ TIME FOR ACCEPTANCE l OFFER AND COUNTER-OFFERS;EFFECTIVE DATE: . 41- (a)If not signed by Buyer and Sam.and an executed copy delivered to all parties on or before cr .,this offer shall be deemed withdrawn and the Deposit if any,will be returned to Buyer. 48 Unless otherwise stated.time for acceptance of any counter-offers shall be within 2 days after the day the 44 counter-offer is delivered. 46 (b)The effective date of this Contract will be the date when the last one of the Buyer and Seller has signed or 48 initialed this offer or final counter-offer(*Effective Date). a 4. CLOSING DATE:Unless modified by other provisions of this Contract,the dosing of this transaction shall occur as and the closing required to,be furnished,by each party pursuant to this Contract shall be delivered 4r ("oming')ore( of A/40-6-o6"4"..-e, ("Closing Date'),at the time established by the Closing Agent ...... pren, Buyer's Initials Page edigkib-13 Page 1 of 10 Seller*InitielissX KA 10-44/ AS1S-1 Rev.0(5002010 Raids Reallorsie and The Florida Bar.Al Ogres reserved. . . , 401t formsimplicity 1 ,„ 1 - ......_ , so 5. EXTENSION OF CLOSING DATE; sr (a)If Closing funds from Buyers lender(s)are not available at time of Closing due to Truth In Lending Act(TILA) 52 notice requirements,Closing shall be extended for such period necessary to satisfy TI.A notice requirements, ss not to exceed 7 days. ' s4 • (b)If extreme weather or other oondtion or event constituting 'Force Majeure• (see STANDARD G) causes: ss ()disruption of utilities or other services essential for Closing,or(It) Hazard.Wind,Flood or Homeowners' s insurance,to become unavailable prior to Closing, Closing wit be extended a reaso nnable time up to 3 days 57 after restoration of utilities and other services essential to Closing,and availability of applicable Hazard,Wind, se Flood or Homeowners'insurance.If restoration of such edl33les or servloes and;mailability of tlsurarxce has not sir occurred within (V left blank, 14) days after Closing Date, than either party may terminate this so Contract by delivering written notice to the other party, and Buyer shall be refunded the Deposit, thereby a, releasing Buyer and Seiler from all Anther obligations under this Contract. e2 •to OCCUPANCY AND POSSESSION: Unless otherwise stated herein, Seller that at Closing, have removed all re personal items and trash from the Properly and shah deliver occupancy and possession, along with at keys, e4 garage door openers,access devices and codes,as applicable,to Buyer. If Property is untended to be rented or es occupied beyond Closing,the fad and terms thereof and the tenara(s)or occupants shad be inclosed pursuant ss to STANDARD D.If occupancy is to be deemed before Ckssistg.Buyer assumes all risks of loss to Property from sr date of occupancy,simR be responsible and liable for mainterierfce from that date,and that be deemed to have se accepted Property in its ::,r condition as of titre of taking occupancy. ' se 7. ASS : (CH tom) Buyer ❑ may assign and thereby be released from am further liability 70 under this Contract °► may assign but not be released from liability under this Coned or U may not assign 71 this Contract 72 FINANCtleG 73 5. NANCtNG: 74• ,,1;a) will pay cash or may obtain a loan for the purchase of the Property. There no financing 75 contingency to Buyers obligation to dose. 70. (b)This Contract is contingent Buyer obtaining a written loan commitment for a[�' rsrn ntiona 0 FHA 7r ❑ VA loan on the following tams vain [d leav% then days after Eflec ve Data (loan 7r Commitment Date") for (CHECK ONE): 0 fixed, [] adjustable, 111111 fixed or adjustable rate loan in 7e' the principal amount of$ or %of the Purchase Price,at an initial interest rate err not to exceed % (If blank,then prevailing rate based upon Buyers cseditWorthirtess), and for a sr term of years eFinabinge. sr Buyer we make mortgage loan application for.the Fkuandng within (If blank,then 5)days after • 53 Effective Date and use good faith and diligent effort to obtain a written loan commitment for the Financing • 4!4 ('Loan Commitment) and dose this Contract Buyer shell keep Seller and Broker fully informed about as the status of mortgage loan application and Loan Commitment and autttortzes Buyer's mortgage broker and re Buyer's lender to disclose such status and progress to Seller and Broker. sr If Buyer does not receive Loan Commitment,then Buyer may terminate this Contract by delivering mitten ss notice to Seller, and the Deposit shat be refunded to Buyer, thereby releasing Buyer and Seller from all • a! further obligations under this Contact. so if Buyer does not deliver written notice to Seller of receipt of Loan Comma rnent or Buyers Written waiver of n this financing contingency, than alter Loan Commitment Date Seller may terminate Otis Contract by 90 delivering written notice to Buyer and the Depos*shag be refunded to Buyer,thereby releasing Buyer and as Seller from alt further obligations under this Contract. s, If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract does not as thereafter dose, the Depose shall be paid to Seller unless failure to dose Is due to: (1) Sellers default; vs (2)Property related conditions of the Loan Commitment have not been met(except when such conditions w are waived by other provisions of this Contract);(3)appraisal of the Property obtained by Buyer's lender is is insufficient so meet semis of the Loan Coxnrnement or(4)the ban is not funded,due to financial retire of as Buyer's lender,in which everts)the Deposit shall be returned to Buyer,thereby releasing Buyer and Seller we from at further obligations under this Contract wr (c)Assumption of Ong mortgage(see rider for terms). for 0(d)Purchase money note and mortgage to Seller(see riders;addenda;or special clauses for urns). Buyers Initials A// a (,-Z 4-5 Page s of 10 spews lnti'we t 1 to-Zfr-t 3 ar,ls13-1 Rev.&10 0 2010 Fbntla Rialtame end Ttr Rails Bar At rlgler ncamd. 40 form simpiicily .. . . • • " • " 103 CLOSING COSTS,FEES AND CHARGES 104 9. CLOSING COSTS;TITLE INSURANCE;SURVEY;HOME WARRANTY;SPECIAL ASSESSMENTS: ar (a)COSTA TO BE PAID BY SELLER: . •Docurneretary stamp taxes end surtax on deed,if any •HOA/Condominium Association estoppel fees •Owner's Policy and Charges(if Paragraph 9(c)(1)is checked) •Remitting and other fees needed to cure title •Title search charges(if Paragraph 9(c)(111)Is checked) •Settees attorneys fees •Other roe If,prior to Closing,Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 ice a sum equal to 125%of estimated cost to meet the AS IS Maintenance Requinsment shall be escrowed at as Closing. if actual costs to meet the AS IS Maintenance Requinsment exceed escrowed amount. Seller shall ice pay such actual costs.Any unused portion of escrowed amount shall be returned-to Seiler. lie (b)COSTS TO BE PAID BY BUYER: •Taxes and recording fees on notes aid mortgages •Loan expenses •Recording fees for deed and tinandng statements •Appraisal fees •Oiserees Policy and Charges(if Paragraph 9(c)(I)is checked) •Buyer's Inspections •Survey(and elevation certification,if required) •Buyer's attorneys'fees •Lender's tale policy and endorsements •Al property related insurance •ROA/Condominium Association application/transfer fees •Other. iii' (c)TITLE EVIDENCE AND INSURANCE:At least (if blank,then 5)days prior to Closing Date,a Me itz insurance commtbnent issued by a Florida licensed lie Insurer,144th legIbie copies of instnenerts listed as 111 exceptions Matted thereto(Mae Commitment)and,after Closing, an owners policy of title insistence(see 114 STANDARD A for terms) shall be attained and delivered to Buyer. If Seiler has an owner's policy of title as insurance covering the Real Property,a copy shall be furnished to Buyer and Closing Agent within 5 days alter 116 Effective Date. The owner's Mie poky premium and charges for oysters policy endorsements, title search, - 117 arigypi,.closing services (colleavely, "Owners Policy and Charges') shall be paid, as set forth below es C ECK ONE): sir (I)Seller WI designate Gloving Agent and pay for Owner's Policy and Charges(but not Including charges 120 for closing services related to Buyer's lender's policy and endorsements and bat dosing, which amourati 121 shall be paid by Buyer to Closing Agent or such other provider(s)as Buyer may select);or izs 0(11) Buyer will designate Closing Agent and pay for Owner's Policy and Charges and charges for closing 123 services related to Buyers lender's policy,endomanenbi,and loan dosing;or 124' 0(!ii)filittAINI-OADEMIROWARD REGIONAL PROVISION):Seller al furnish a copy of a prior owner's policy US of title Insurance or other evidence of tile and pay fees for:(A)a continuation or update of such tile evidence, 126 which is acceptable to Buyer's ale insurance underwriter for reissue of coverage (B) tax search; and iv (C)municipal lien search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's las owners policy, and if applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than ar $ (if blank,3200.00)for abstract continuation or title search ordered or performed by Cbssing isi Agent 131 (d)SURVEY:At least 6 days'prier to Closing,Buyer may,at Buyer's expense,have the Real Property surveyed and certiaed by a registered Florida surveyor("Sayan.If Seller has a survey covering the Real Property,a tie copy shaft be furnished to Buyer and Closing Agent within 6*44 after Effective Date. 134- (e)HOME WARRANTY:At Closing. 9 Buyer 1::1 Seiler Mt"UA wit pay for a home warranty plan issued by UV at a cost not to exceed a A home as warranty plan provides for repair or replacement of many of a home's mechanical systems and maim bunt-In -Tsr appliances in the event of breakdown due to normal wear and tsar during the agreements warranty period. ow (f) SPECIAL ASSESSMENTS At Closing,Seller wit pay (I)the full amount of liens Imposed by a public body 17a ("pUbk body does not include a Condominium or Homeowner's Arssocigion)that are certified,confirmed and .ua ratted before Closing; and (II)the amount of the pubic body's most recent estimate or assessment for an 141 improvement which is substantially convicts as of Effective Date, but that has hit resulted in a lien being 142 imposed on the Property before Closing.Buyer will pay all other assessments.If speelei assessments may 143 be paid in Installments(CHECK ONE): 144- CI (a) Seiler shall pay Installments due prior to Closing and Buyer shall pay installments due after us Closing.Installments prepaid or due for the year of Closing shell be prorated_ 1.-w 0 (b) Seller shall pay the assessment(*)in full prior to or at the time of Closing. 141 IF NEITHER BOX IS CHEMED,THEN OPTION(a)SHALL BE DBENIED SELECTED. use This Paragraph 9(f)shall not apply to a special benefit tax Ben imposed by a community development district 140 (ODD)pursuant to Chapter 190 F.S.which tan shall be treated as an ad vakeern bet and prorated pursuant to • Iso STANDARD K. Buyer's Male itir, oe/LA- -t3 Page 3 of 10 Sabers IrttlaleA 46 4/'n-13 Ficadstiseliors, -ASIS-1 Rm.lino e 2010 Florida Reim*and the mass Bar.N dew oserved. 41111form Simplicity .■••••■■■■•••■■••••• •*••••-•"....-■ 1 1 .-..--..-.... . I • 1s, ' DISCLOSURES iss 10.DISCLOSURES: 1s1 (a)RADON GAS: Radon Is a naturally occurring radioactive gas that when is accumulated in a bulding in ,as sufficient quantities,may present hazel risks to persons who are exposed to k over time.Levels of radon that 155 exceed federal and state guidelines have been found in bullrings in Florida.Additional information regarding Ise radon and radon testing may be obtained from your county health department err (b)PERMITS DISCLOSURE:Except as may have been disclosed by Seller to Buyer ins written disclosure, 1ss Seller does not know of say improvements made to the Property,which were made without required Ise permit's or made pennant to permits which have not been properly closed. ,so (c)MOLD:Mold is naturally occurring and may cause health rinks or damage to property.If Buyer is concerned or x1 deesses additional information regarding mold,Buyer should contact an appropriate professional. fez (d)FLOOD ZONE; ELEVATION CERTIFICATION:Buyer is advised to reify by elevation certificate which flood 163 zone the Property is in,whether flood internee is required by Buyer's lender,and what resiirdione apply to 1e4 improving the Property and rebuilding in the event of casualty. If Property is in a`Special road Hazard Area' 15s or 'Coastal High Hazard Area'and finished floor elevation Is below rninimtm flood elevation, Buyer may ,5e terminate this Contract by delivering written notice to Seller within 20 days edtar Effective Date,failing which ,a7 Buyer accepts existing elevation of buildings and flood zone designation of Property. ,ere (e)ENERGY BROCHURE:Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure ,w required by Section 563.996.F.S. 170 (1) LEAD-BASED PAINT: If Property Includes pre,-1978 residential housing, a lead-based paint rider is »1 mandatory. ,7z (g)HOMEOWNERS' ASSOCIIITIONICOMMUNITY DISCLOSURE:'BUYER SHOULD NOT EXECUTE THIS 173 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' 174 ASSOCIATION/COMMUNITY DISCLOSURE,IF APPLICABLE 175 (h)PROPERTY TAX DISCLOSURE SUMMARY:BUYER SHOUtD NOT RELY ON THE SELLER'S CURRENT . ,n PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED m TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE A CHANGE OF OWNERSHIP OR PROPERTY 171 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPEN r Y THAT COULD RESULT IN HIGHER 179 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 15a COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. ,e1 (I) TAX WITHHOLDING:H Seller Is a"foreign person'as defined by the Foreign Investment In Real Property Tax 152 Act CFIRPTA').Buyer and Seller wilt comply with FIRPTA,which may require Seder to provide additional cash 153 et Closing. 154 () SELLER DISCLOSURE:Setter knows of no tads materially affecting the value of the Real Property which are 155 not readily observable and which have not been disclosed to Buyer,Except as stated in the preceding sentence 155 or otherwise disclosed in writing: (1) Setter has received no written or verbal notice from any governmental 107 entity or agency as to a currently uncorrected building,environmental or safety code violation;and(2) Seller yea extends and intends no warranty and makes no representation of any type,either express or implied,as to the lea physical condition or history of the Property. 190 PROPERTY MAINTENANCE,CONDITION,INSPECTIONS AND EXAMINATIONS 1e1 11.PROPERTY MAINTENANCE: Except for ordinary wear and tier and Casualty Lose, Seller shall maintain the • no Property, including, but not kinked to, lawn, slrubbery,and pod, in the condition existing as of Effective Date ,es ('AS IS Maintenance Requirement'). tw 12.PROPERTY INSPECTION;RIGHT TO CANCEL.: ,VP' (a)PROPERTY INSPECTIONS AND RIGHT TO CANCEL:Buyer shall hove (N blank 15)days from fns Effective Date Parted')within which to have such moons of the Property performed 157 as Buyer shall desire doing the hapection Period"Buyer determines,In Bayeds sole discretion,that 195 the Property is not acceptable to Bayer,Buyer may terminate the Contract by tfelivering written notice 198 of such election to Seller prior to exyi bwi of Inspection Period. If Bayer timely terminates this 200 Contract, the Deposit paid shall be immediately returned to Buyer,thereupon,Buyer and Seiler shall oat be released of all hunter obligations under this Contract; however, Buyer shall be responsible for 202 prompt payment for such inspections, for repair of*mew) to, and restoration of the Property 203 eesuflhhg from such inspections,and shall provide Seller with paid receipts for all wryly done on the 204 Property(the preceding provision shall survive termination of this Contract). Unless Buyer exercises nos the right to terminate granted heretic, Buyer accepts the physical condition of the Property and any zee violation of govemnfanlal,bullring,environinentid,and safety codes,restrictions.or requirements,but 207 subject to Seller's confirming AS IS Malntlerranc+e Requirement,and Shyer shall be responsible for any 209 and�all repairs and improvements rrrquLied by Buyer's fender. Buyer's cr. Bus inducts „y 4'w_0 Pape 4 ad 10 SeIer'e Warta 09 f^ t-Gf►'13 FlorldaRoalt raFb,id58arASIS-1 Rio.6r,a 02010 Florida Rralt mill sM Thi Florida Bar. AI dprer raeawd formsimplicity 209 (b)WALK-THROUGH INSPECTION/RE-INSPECTION:On the day prior to Metro Date,or on Closing Date prior z,o to time of Closing, as Specified by Buyer,Buyer or Buyers representative may perform a walk-through(and m follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 212 Property are on the Property and to verify that Seller has ma ntalned the Property as required by the AS IS 213 Matnbenance Requirement and has met al other contactual al obligations. 214 (c)SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's 216 inspection of the Property identifies open or needed bulicttig permits,then Seiler shall promptly deriver to 216 Buyer all plans, written doonierdatlon or other information in Sellers poseeesk n, 101084 ledge, or control. 21r rung to improvements to the Property which am the subject af such open or needed Permits, and shall .218 promptly cooperate in good faint with Buyer's efforts to obtain estimates of repairs or other work necessary to zts resolve such Permit Issues. Sailers obligation to cooperate shall incude Seiera execution of necessary Tm nutltoriz;ationa,consents,or other documents necessary for Buyer to conduct hsspectlons and have estirnatee 221 of such repairs or work prepared, but hi fulfilling such obligation, Seller shall not be required to expend, or 222 become obligated to expend,any money. 223 (d)ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyers option and 224 cost Seller will,at Closing,assign all assignable repair,treatment and maintenance contracts and warranties mss to Buyer. 22s ESCROW AGENT AND BROKER nr 13.ESCROW AGENT:Any Closing Agent or Escrow Agent(cc lee'ively Agent)receiving the Deposit,other funds us and other Items Is authorized,and agrees-by acceptance of them,to deposit them promptly,hold same in wooer n within the State of Florida and,subject to COLLECTION,disburse then in accordance with terms and conditions 230 of this Contract Failure of funds to become COLLECTED steel not excuse Buyers perfrxmance.When confiding 231 demands for the Deposit are received, or Agent has a good fa,iit doubt as to entitlement to the Deposit,Agent 232 may take such actions permitted by this Paragraph 13,as Agent deems advisable.If in doubt as to Agent's duties 233 or lablities under this Contact,Agent may,at Agents option,continue to hold the subject matter of the escrow 234 until the parties agree to its disburseinent or urdi a final judgment of a court of competent jurisdiction shad • as determine the rights of the parties,or Agent may deposit same with the desk of the c3rcue court having jurisdiction 23s of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such 297 action. Upon notifying a1 parties concerned of such action, all labitlty on the pert of Agent shat+fully terminate, zee except to the extent of accounting for any Items previously delivered out of escrow. if a licensed real estate 239 broker, Agent will comply with provisions of Chapter 475, F_S., as amended and FREC rules to timely rssdve 240 escrow disputes through- mediation, arbitration, interpieader or an escrow disbursement order. zit My proceeding between Buyer and Seller wherein Agent is made a party because of acting as',gent hereunder, 242 or in any proceeding where Agent interpieads the subject matter of the owner,Agent shall recover reasonable 243 attorney's fees and costs Incurred,to be paid pursuant to court order out of the*seemed funds or equivalent 244 Agent shaft not be liable to any party or person for mis-deivery of any escrowed items,unless such mis-delivery is 24s due to Agent's willful breach of this Contract or Agent's gross negligence.This Paragraph 13 shaft survive Closing 245 or termination of this Contract 247 14.PROFESS/ORAL ADVICE; BROKER LJABILI Y: Broker advises Buyer and Beier to verify Property condition, 24s square footage,and all other facts and representations made pursuant to this Contract and to consult approprtbta 249 professionals for legal,tax,env!konrnerrtal,and other specialized advice concerning metiers affecting the Property 250 and the transaction contemplated by this Contract.Broker represents to Buyer that Broker does not reside on the 2ni property and ttat*5 representations(oral,written or otherwise)by Broker are based on Belle represNitatiens or 252 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 253 GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDmON,SQUARE FOOTAGE AND 264 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS(ORAL, 255 • WRITTEN OR OTHERWISE) OF BROKER- Buyer and S ter (individually. the 'Mndem nl ying Party') each no Individually Indemnities, holds harmless. and releases Broker and Brokers 08 1011111. directors, agents and 257 employees from all Saabirty for loss or damage,including all costs and expenses,and reasonable attorney's fees zee at all levers, suffered or incurred by Broker and f9rokees officers,directors,agents and employees in connection 2re with or arising from claims,demands or causes of action inserted by Buyer or Seller based an (I)inaccuracy of 2se information provided by the Indemnifying Party or from public records;(1)IndernniMng Party's miffs).Of set faliwe to perform contractual obligations-, (iii)Broker's performance,at kdermrdfykg Party's request,of any task zez beyond the scope of services regulated by Chapter 475, F.S., as amended, including Brokers referral, 2s3 • recommendation or retention of any vendor for, or on behalf of, Indemnifying Party; (iv) products or services 2s4 provided by any such vendor for, or on behalf of, Indemnifying Party; end (v) expenses incurred by any such as vendor.Buyer and Seger each assumes full respon>aaxlity for selecting and compensating their respective vendors see and paying their other costa under this Contact whether or nettles vansaction doses,This Paragraph 14 we not 2157 relieve Broker of statutory obligations under chapter 475,F.S,as amended.For purposes ojf tide Paragraph 14, Buyer's initials •r i) Page 5 of 10 Settees!Melee?rt f tx-Z v 1 FlorideReatur Flu .ASlS-1 Rev.MO 0 2910 Fkeide Reaieaert and The Ficalda Bar. Al Apia msawd. • • 410 formsimplicity - I as Broker will be treated as a party to this Contract This Paragraph 14 shell survive Closing or termination of this 209 Contract 270 DEFAULT AND DISPUTE RESOLUTION art 15.DEFAULT: vz (a)BUYER DEFAULT:if Buyer fails, neglects or refuses to perform Buyer's oblfgalons under this Contract, zra including payment of the Deposit within the time(s) specified. Seger may elect to recover and retain the 274 Deposit for the account of Sale as agreed upon liquidated damages, consideration for exeaation of this rs Contract,and in full settlement of any caters,whereupon Buyer and Seiler shall be resewed from al further ve obligations under this Contract[,or Seller,at Seller's option.may,pursuant to Paragraph 15,proceed in equity 277 to enforce Seller's rights under this Contract.The portion of the Deposit,if any, paid to Listing Broker upon Ina default by Buyer, shall be spI equegy between Listing Broker and Cooperating Broker provided however, tee Cooperating Broker's share shall not be greater than the commission amount Listing Broker had agreed to pay 2i0 to Cooperating Broker. art (b)SELLER'DEFAULT: if for any reason other than Rune of Seger to make Seller's the marketable after 262 reasonable di'gent effort, Seller fags, neglects or refuses to perform Seller's obligations under this Cor ract. as Buyer may elect to receive return of Buyer's Depart without thereby waiving any aim for damages result's; 204 from Sellers breach,and, pursuant to Paragraph 16, may seek to recover such damages or seek specific 205 performance.This Paragraph 15 shall suvive Closing or temaination of this Contract. as 16.DISPUTE RESOLUTION: Unres tved controversies„ claims and other matters in question between Buyer and 267 Seiler arising out of, or relating to,this Contract or Its breach,enforcement or interpretation('Dispute')wig be are settled as follows: as (a)Buyer and Seger will have 10 days after the date confucing demands for the Deposit are made to attempt to . as resolve such Dispute, failing which, Buyer and Setter shag submit such Dispute to mediation under xs1 Paragraph 18(b). asz (b)Buyer and Seiler shall attempt to settle Disputes in an amicable mariner through mediation pursuant to Florida as Rules for Certified and CouteAppointed Mediators and Chapter 44,F.S.,as emended(the"Mediation Rules). as The mediator must be certified or must have experience in the real estate Industry. Injunctive relief may be zas sought without fuat complying with this Paragraph 18(b).Deputes not settled pursuant to this Paragraph 18 as may be resolved by instituting action in the appropriate court having Jurisdiction dale re manor.This Paragraph 16 2W shalt survive Closing or termination of this Contract are 17.ATTORNEY'S FEES;COSTS:The parties will spilt equally any mediation fee incurred in any mediation permitted as by this Contract,and each party oil pay their own costs,expenses and fees,tndudlnw**may's fees,incurred In 30o conducting the :readable' n. in any Rhgabcd permitted by this Contract,the prevaitirg pasty shall be entitled le a, recover from the non-prevailing party costs and fees,including reasonable atomey"s fens,Incurred in conducting as the litigation.This Paragraph 17 shall survive Closing or termination of this Contract. 303 STANDARDS FOR REAL ESTATE TRANSACTIONS('STANDAR051 304 18.STANDARDS: • as A. TiTLE: • aos 1)TITLE EVIiCE; RESTRICTiONS; EASEMENTS; LJMITATIONS: Within the time period provided in sot Paragraph 9(c),the Title Commitment,with Ieggele copies of ihctr unents listed as exceptions attached thereto,shall as be issued and delivered to Buyer,The Tile Commitment shall set forth those matters to be discharged by Seller at or as before Closing and shall provide that,upon recording of the deed to Buyer,an owner's policy of title Insurance in the 310 amount of the Purchase. Price, shall be issued to Buyer insuring Buyer's marketable tale to the Real Property, 311 subject only to the following matters: (a) comprehensive Land use plans, Zoning, and other land use restriction, 112 prohibitions and requirements*posed by government authority:(b)restrictions and matters appearing on the Plat 313 or otherwise common to the s1$bdiVislen: (E)outstanding ol,gas and mineral rights of record without right of entry: 314 (d)unpietted public.utility easements of record(located contiguous to real properly fines and not more then 19 feet in 315 width as to rear or front Ines and 71a feet in width as to side lanes);(e)taxes for year of Closing and subsequent 31e years;and(f)assumed mortgages and purchase money mortgages, if any (If additional barns,attach addendum); 317 provided, that none prevent use of the Property for RESIDENTIAL PURPOSES. if there aides at Closing any 31$ vfolaion of items identtied in(b)-(f)above,then the same shall be deemed a the defect.Mwlcetabie the shall be 31s determined according to applicable This Standards adopted by authority of The Florida Bar and in accordenoe with no taw. 321 (i) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitmarrt to examine it and notify sas Seller in writing specifying defect(s),if any,that render title unmarketable. If Seger provides Title Conwnitnent and It 323 is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after a$4 date of receipt to examine same in accordance with this STANDARD A. Seger stall have 30 days('Ctrs Period') as after receipt of Buyer's notice to take reasonable diligent efforts to remove defects. If Buyer falls to so notify Seler, 32e•Buyer shall be deemed to have^7acc_cepted title as R then is_ tf Setter cures detects within{Curure Period, Setter will Buyers Initials� q (-W-(3 Page s of 10 Sellers kiI�l e12 +�' 4-26-t3 Flcx1d asitorsrF • aBar,ASlS-1 Ray.Biro 02010 Rands Ruallon*and The Florida Bar.All dolls maned. 401 formsimplicity 1 STANDARDS FOR REAL ESTATE TRANSACiIONS(CONTINUED) ' rat deliver written notice to Buyer (with proof of use acceptable to Buyer and Buyers attorney) and the parties MI xea dose this Contract on Owing Date(or if Closing Date has passed,within 10 days after Buyers receipt of Seller"s no nonce). If Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days Air expiration of sat Cure Period,deliver written notice to Sider(a)extending Cure Period for a specified period not to exceed 120 days su within which Seller shall continue to use reasonable diligent effort to remove or cure the defects('Extended Cure to Period");or(b)electing to accept title with existing defects and dose this Contract on Closing Date(or if Closing Date ss4 has passed,within the sorter of 10 days after and of Extended Cure Period or Buyer's receipt of Seller's native),of ems (c)electing to tsrmtnate this Cnrrfrad and receive a refund of the Deposit,thereby releasing Buyer and Seller from sea all further obligations under this Contract tf after reasonable diktat elicit.Seller is unable to timely rare defects, w and Buyer does not waive the defects,this Contrail stun terminate,and Buyer shall receive a refund of the Deposit, sus thereby releasing Buyer and Seiler from all further obligations under this Contract sae B. SURVEY: tf Survey discloses earth actimenls on the Real Property or that improvements located thereon sw encroach on setback lines, easements, or lands of Utters; or violate any restrictions, cotenants, or appiicabie 341 goverrenental regulations described in STANDARD A(f)(a),(b)or(d)above,Buyer Thal deliver written notice of such 342 matters, together with a copy of Survey, to Seller*thin 5 days alter Buyer's receipt of Stavey, but no later than on Closing. if Buyer timely delivers such notice and Survey to Seller,such matters identified In the notice and Survey 349 shall constitute a title defect, sulledt to aurae obligations of STANDARD A above. If Seller has delivered a prior US survey, Seller shaft at Buyer's request, essouts an affidavit of no change- to the Real Property since the acs preparation of such prior survey,to the extent the affirmations therein are true and,tarred Mr C. INGRESS AND EGRESS: Seiler represents that there Is ingress and egress to the Real Property and title to 398 the Real Property is insurable in socordarwe with STANDARD A without ea option for look of legal right of access. an D. LEASES; Seller shall,witrhin b days after inspection Period,lumish to Buyer copies of all'mitten bases and aao estoppel letters from each tenant specifying nature and duration of tenant's occupancy,renal rates,advanced rent ar,m and security deposits paid by tenant. and income and expense statements for preceding 12 months ('tease ssz informed:n').tf Sefer is unable to obtain estoppel letters torn tenant(s),the some riformation shall be furnished by in Seller to Buyer Within that time period in the form of a Seller's affidavit,and Buyer may thereafter contact tnnant(s) • 359 to confirm such information.tf terms of the leese(s)differ materially from Sellers representations,Buyer may deliver an written notice to Seller within 5 days after receipt of Lease information, bee no later than 5 days prior to Closing 3358 Date,terminating'tie Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all VP further obligations under this Cantrtact. Seiler shall, at Closing, deliver and assign rail original leases to Buyer who as shat assume Seller's obligation thereunder. as E. LIENS: Seiler shall furnish In Buyer at Closing an affidavit attesting; () to the absence of any financing aw statement,claims of ten or potential senors known to Seiler,and(I)that there have been no improvements or rimers set to the Real Property for 90 days immediately preceding Closing Date. If the Real Property has boon improved or are repaired within that lime, Seller shall deliver releases or waivers of construction Ions executed by all general has contractors, subcontractors,suppliers and materfatrnen In addition to Sdefs lien affidavit setting forth names of all 384 such general contractors, subcontractors, suppliers and materialme i, further affirming uwi all charges for as improvements or repairs which Could serve as a basis for a construction lien or a claim for damages have been paid an well be paid at Closing. aer F. TIME Calendar-days shall be used in computing time periods. Any time periods provided for in this Contract we which shalt and on a Saturday, Sunday, or a national.legal holiday (see 6 U.S.C. 6103)shall extend to 6:00 p.m. en (where the Property is located)of the next business day.Time is of the aasanc,in this Contract. sro G. FORCE MAfEURE Buyer or Seller shall not be required to perform any obligation under this Contract or be 'all liable to each other for damages so long as performance or of the obligation is decayed,caused or an prevented by Force Majeure. 'Force Majeure meats: hurricanes, earthquakes.floods, ire, ads of God, unusual in transportation delays.-wars, Insurrections, ads of terrorism, and any other cause not reasonably within control of 374 Buyer or Seiler,and which,by exsrdaa of reasonable diligent effort the non-performing party Is unable in whole or In as part to prevent or overcome.All lime periods,trxiumrtg Closing Hate,wit be extended for the period that the Forge no Majeure prevents performance under this Contract,provided,however,it such Faroe Majeure continues to prevent an performance under this Contract more lain 14 days beyond Closing Dale, then either party may terminate this no Cataract by delivering written notice to the other and the Deposit shall be refunded to Buyer,thereby releasing Buyer sus and Seller from all further obligations wider this Contract aao it CONVEYANCE: Seiler shall convey marketable title to the Real Property by statutory warranty, trustee's, err personal representative's,or guardian's deed,as appropriate to the maters of Seiler,subject only to matters described ssx in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of tide,subject only to such mailers as may be provided for in this Cort act sea 1. CLOSING LOCCAiION;DOCUMENTS;AND PROCEDURE: acs (i) LOCATION: Closing wi(i take place in the county where the Reel Property is located at the office of the as attorney or other dosing agent ("Closing Agent') designated by the party prying for the owner's policyof tile Buyers 1niea j 3 7 of lO Seier's it ►C r""' k-74- FhoridaReanorsi ofidatar-A6 'I Rev. o C grit O FlmiSa Roaleeve aid The Raids Bar. Al Aphla reserved. A formsimplicity r r r sen STANDARDS FOR REAL ESTATE TRANSACTIONS(CONTINUED) sae insurance,or,if no tine insurance,designated by Seller.Closing may be conducted by mad or electronic means. sae (ii) CLOSTNG DOCUMENTS: At Closing, Seller shall furnish and pay for, as applicable, deed, bill of sale, as certificate of title, construction Ben affidavit, owner's possession affidavit, as$ien ments of bases, and corrective set instruments.Seger shall provide Buyer with paid receipts for all work done on the Property ptxmiarnt to this Contract. 3 2 Buyer shalt furnish and pay for, as applicable, mortgage,mortgage note,security agreement,financing statements, as survey,base elevation cartIBcation,and other documents required by Buyer's lender. aa4 (RI) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing fund& If the Title Sea Commitment provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the as escrow dosing procedure required by STANDARD J shat' be waived, and Closing Agent shall, subject to en COLLECTION of all closing funds,disburse at Closing the brokerage fees to Broker and the net sate proceeds to 300 Seller. ass J. ESCROW CLOSING PROCEDURE: tf This Comment issued pursuant to Paragraph 9(c) does not provide 404 for insurance against adverse matters as permitted under Section 627.7841,F.S.,as amended,the following escrow 401 and closing procedures shall apply:(1)all Dosing-proceeds shall be held in escrow by the Closing Agent for a period 402 of not more titan 10 days alter Closing;(2)If Seder's title is rendered unmarketable,through no fault of Buyer,Buyer 403 shall,within the 10 day period,notify Seller In writing of the defect and Seller shall have 30 days from date of receipt 404 of suctu notification to cure the defect(3)if Geier fails to timely cure the defect,the Deposit and all Closing funds 40s paid by Buyer shad, within 5 days alter written demand by Buyer,be refunded to Buyer and, simultaneously with 406 such repayment,Buyer shall return the Personal Property,vacate the Real Property and re-convey the Property to Oar Seller by special warranty deed and bill of sale; and (4) If Buyer fails to make timely demand for refund of the tells Deposit, Buyer shall take title as is,waiving at rights against Sailer as to any intervening defect except as may be 401 available to Buyer by virtue of warranties contained in the deed or Mil of sale. 410 K. PRORATiONS;CREDITS:The iWowing miming items'Mn be made current(If applicable)and prorated as of 411 the day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes 412 (Including special benefit tax assessments imposed by a CDD), Interest,bonds,assodaton fees, insurance, rents 413 and other expenses of Property.Buyer shall have option of taking over existing policies of insurance,if assumable,in 414 which event premiums that be pr orated, Cash at Closing shall be increased or decreased as may be required by 41s proration to be made through day prior to Closing. Advance rent and security deposits, If any, wig be credited to 410 Buyer.Escrow deposits held by Seller's mortgagee will be paid to Seller.Taxes shall be prorated based on current 417 year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. tf Closing 418 occurs on a date when current years midge is not fixed but current year's assessment is available, taxes vAl be 411 prorated based upon such assessment and prior year's milage. If current year's asseaarnert is not available,then 420 taxes wilt be prorated on prior year's tax.If there are completed improvements on the Real Property by January 1st of 4x1 year of Closing,which Improvements were not in existence on January 1st of prior year,then taxes shall be prorated 422 based upon prior year's mlgage and at an equitable assessment to be agreed upon between the parties,fading which, 4x] request shall be made to the County Property Appraiser for an informal assessment taking kill account available Oar exemptions. A tax proration based on an estimate.shag, at either party's request, be readjusted upon receipt of 421 current year's tax bill.This STANDARD K shall survive Closing. 426 L ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seiler 427 shat, upon reasonable notice, provide utilities service and ads to Property for appraisals and Inspections, 420 including a walk-through(or follow-up eelkaturugh tf necessary)prior to Closing. at M. RISK OF LOSS: if, after Effective Date, but before Closing, Properly is damaged by fire or other casualty 430 ('Casualty Loss')and coat of restoration(which shall include cost of pruning or removing damaged trees)does not 411 exceed 1.5% of Purchase P rice, coat of restoration that be an obilgatton of Seller and Closing that proceed 4S4 pursuant to terms of this Contract_ If restoration is not completed as of Closing,a aura equal to 125%of estimated 433 cost tp complete restoration (not to exceed 1.5%'of Purchase Price),will be escrowed at Closing. If actual cost of 434 restoration exceeds escrowed amount, Seger shad pay such actual costs(but,not in excess of 1.5%of Purchase as Price). My unused portion of escrowed amount shot be returned to Seller. If cost of restoration exceeds 1.6%of 4.111 Purchase Price, Buyer shall elect to either take Property as Is'together with the 1.596,or receive a refund of the Oar Deposit,thereby releasing Buyer and Seiler from all further obligations under this Contract. Selises sole obligation 431 with respect to tree damage by casualty alty or other natural marmot that be coat of pruning or removal. as H. 1031 EXCHANGE: If either Seller or Buyer wish to eerier Into a like-kind exchange (either sirnultsneous-with 440 Closing or deferred)under Seaton 1031 of the Internal Revenue Code('Bnhange'),the other party shall cooperate 441 In all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, 442 cooperating party shall incur no lability or expense related to the Exchange, and Closing shall not be contngent 443 upon,nor extended or delayed by,such Exchange. 444 O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any 440 notice of it shall be recorded in any public records.This Conbxt shall be bindI g on,and Inure to the benefit of,the 44e parties and their res heirs or successors in inteest. Whenever the context permits,singular shall include plural Buyer's lridlsls ' � Lt-74,—(3 Pamela/10 Seters boatels .G-24-0 Fnoruda Rev.ewe C 2010 Florida Realtor*and The Florida Bar. Al exalts reserved. formsimplicity ( r ................................... e. 44 STANDARDS FOR REAL ESTATE TRANSACTIONS(CONTINUED) us and one gender shaft include all.Notice and delivery given by or to the attorney or broker(Mckiding slat brokers real son. estate licensee) representing any party shall be as effective as if given by or to that party.All notices must be In 4so writes and may be made by malt, personal delivery or Nedra* (indudirlg "ice) media. A legible kinsfolk or 451 electronic(including"pdf")copy of this Contract and any signatures hereon shall be considered for all purposes as an 452 original. 453 P. INTEGRATION; MODIFICATION: This Contract contains the full and oompiete understanding and retirement • 454 of Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or as representations shall be bin ing upon Buyer or Seller unless inducted In this Contract.No mown to or change 436 in this Contract shall be veld or binding upon Buyer or Seller unless in wring and executed by the parties intended err to be bound by It with, of MI6 us C tract, Rt take d7f to agr o any r b under Contract,shall consi tute as waiver of p�rovisioons or OS Contract, or to take advantage of any right as rights. 481 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten 462 or handwritten provisions shall control all printed provisions of this Contract In cordfiCt with them. 465 S. COLLECTION LECTION or COLLECTED:•CCN.J.ECflO*'or'COL3..ECTED"means any checks Underfed or received, 04 including Deposits,have become actually and finally collected and deposited In the account of Escrow Agent as or Closing Agent Closing and dfsl>uraeansnt of funds and delivery of Closing dvctanents may be delayed by as Closing Agent until such motets have been COLLECTED in Closing Agent's accounts. Oar T. LOAN COMMITMENT: *Loan Commitment' means a statement by the lender setting forth the terms and as col ions upon which the lender is willing to metre a parbzular mortgage loan to a particular borrower. 409 U. APPLICABLE LAW AND VENUE:This Contract shall be construed In accordance With the taws of the Slate of eta Florida and venue for resolution of at disputes,whether by mediation,ern or gegatfon,shall Ile in the comity in or which the Real Property is located. 472 X. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and,to the extent permitted by 473 law, agralnst any real estate isee involved in the negotiation of this Contract,for any defects or other 474 damage that may exist at Closing of this Contract and be subsequently&wavered by the Buyer or anyone 475 Wafting by,through,under or against the Buyer. 476 ADDENDA AND ADDITIONAL TERMS Orr 19.ADDENDA: The following additional terms are included in the attached addenda and incorporated into this or Contract(Check If applicable): Q A.Condominium Assn. ❑L RESERVED ❑R.Rezoning ❑Y. Seller's Attorney al B.Homeowners'Assn. 0 S.Lease Punt Approval U C.Seller Financing 0 M.Defective Drywall tease Option 0 Z. Buyer's Attorney D.Mortgage Assumption D N.Coastal Construction 0 T. Pre-Closing Approval 0 E.FHANA Financing Control Line Occupancy 0 AA. Licensee-Personal 0 F.Appraisal Contingency O.Insulation Disclosure 0 U.Wising Interest hi Property G.Short Sale O P.Pre--1$78 Housing Occupancy ❑BB. Bang Arbitration Q H.Homeowners'Insurance Statement(Lead 0 V.Sale of Buyer's 0 Other �] I. FIRPTA Based Paint) Property ❑❑❑J. Interest-Bearing Acct. 0 Q.Housing for Older 0 W.BaCia�Contract . p K RESERVED Persons ❑X.Klok-out Clause or Zit.At9OITIONAL TERMS r ci.s( ycr ' •ec l j Ca SO el..14_ i S 40W "75We- ]-Asv".■c..,- as-P—_l ;j( a' Oaf` ..r 4 a„ so f=- - _ � .-r _ • .:.3.11'G!..,rAmd i`-,z. 4513* 47411/4110,111r4101. ... 4547 4ae` 490` 451' . 492' 493' 1 1/1-741- 8uya'$ink _ �got Ott SeUsr's initiate QI � 15-1 Ray. 4 a 2010 Florida Realtors*sad The Florida Bar. AS rtgrstc al forrnsimplicity I vuu001€ Page 1 of 1 • Addondu t No. -1* of d m ''''Z'416 t3 G ,•�+ .�•:✓. .1_ 445 L. G apj f a; . r � , s concaving�+• oaac+tasa n 1111111111 Oho`Contact,.Bum and SeUatr each trio %linner and�nondlltarrn t comet .raz 5;4,4 1fr... df• .nt..r( fps • f du. afont, (j c 31'e.2 ,7 • DOM d 81,111; dill 111 seiwor'PT 4.4"41.4114/41111.re...MItri/M1 WaVir..r++rw.w +.iii iir+r' rr ai rer rrr: 4,,,, aMwioe�#�r sit•.. ►w�weaa+.nlrrit.�w�t VsewspVt waa111urMrp+i+s ationigr.treimoon mmosor stom a. W Af.9Fe4 now omos Foam ass moon t s wtmS Napo / . W https://bayl69.Lnail.live.com/maifViewOtl Preview.: ,+ •..eid-0153 -', fdi8-1le... 8/7/2013 INSTR 4653088 oR 4760 PG 1651 RECORDED 2/1/2012 1:02 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCs�.70 $0.70 REC 527.00 INDX $3.00 THIS INSTRUMENT PREPARED BY: Thomas K.Boardman,Esquire THOMAS K.BOARDMAN,P.A. 1400 North 15th Street,Suite 201 Immokalee,Florida 34142 Parcel ID # 63850880006; 25582440008; 25582520009;00127360005 PREPARED WITHOUT EXAMINATION OF TITLE AND BASED ON A LEGAL DESCRIPTION PROVIDED BY GRANTOR. THIS SPACE FOR RECORDING DATA S'- Au.SL:a«...:,*..M DEED THIS INDENTURE, m.• 0 — day • 2012, between KENNETH BLOCKER,a.k.a.ICENNETI4 TILOCICER,a.k.a.K H J. BLOCKER,SR., a.k.a. KENNY BLOCKER,and B•1' : • •R,. :L• w a.B• • ; • • - J.BLOCKER,his wife, Grantor, whose address is 13 •• . : •_s •••+•::1ee\Florida 34142 to K & B COMMERCIAL RENT• # : .o,s• #, 1 • .i,7 on parry,Grantee,whose mailing address is 1303 Newmarket • •.• •� : e;, : t, ;a 34 . t,,,,,' WITNESSETH THA -In: ' ,{ l THE GRANTOR,for an•••• ideration of th - .• 'TEN($10.00)DOLLARS AND OTHER GOOD AND VALUABL ON • .... -!�,� " . and paid by the Grantee,the receipt of which is hereby acknowledged,has b •I ,ris _ ted,bargained,and sold to the Grantee, its successors and assigns,the following described land,situate,and being in the County of Collier, State of Florida,to-wit: Lot 3, Block 4,Newmarket Subdivision,according to the plat thereof on file in the office of the Clerk of the Circuit Court recorded in Plat Book 1,Page 104 and 105, Public Records of Collier County,Florida. Lots 1 and 6,Block 6,Carson's Subdivision,according to the plat thereof as recorded in Plat Book 2,Page 40,of the Public Records of Collier County,Florida,less the North 20 feet thereof for road right-of-way. Lot 3,Block 6,Carson's Subdivision,according to the plat thereof as recorded in Plat Book 2,Page 40,of the Public Records of Collier County,Florida,less the North 20 feet thereof for road right-of-way. C1 UserstPubii6TKDLAWat'D EEDSSpccia!Warranty'3Ioektt,K&B—K&.B Canmerc.Rentals5:wyd OR 4760 PG 1652 Commencing at the Northwest corner of the Southeast 1/4 of Section 4,Township 47 South, Range 29 East,Collier County,Florida,run southerly along the North- South 1/4 line which is the centerline of Ninth Street 210 feet;thence easterly and parallel with the centerline of State Road 29,30.00 feet to the East right-of-way line of Ninth Street for the Point of Beginning;thence northerly along the East right-of- way line of Ninth Street 160.00 feet to the intersection of the South right-of-way line of State Road 29;thence easterly along the South right-of-way line of State Road 29, 127 feet;thence southerly and parallel with Ninth Street 160.00 feet;thence westerly and parallel with State Road 29, 127 feet to the Point of Beginning. AND Commencing at the Northwest corner of the Southeast 1/4 of Section 4,Township 47 South,Range 29 East,Collier County,Florida,run easterly along the centerline of State Road 29,210.0 feet;thenc* •• . • •arallel with Ninth Street 50.0 feet to the south right of way tin • 4 " .:,• • • Point of Beginning;thence continue southerly along • h j 60.00 feet;the ,: 4 erly and parallel with State Road 29,53.0 feet;the e • herl and parallel with in Street 65.0 feet; thence easterly and parallel S•.to' • d 2°, . • ;r •thenc no , erly and parallel with Ninth Street 95.0 feet o the ':••••••f:.,: ' . • = R•ad 29;thence easterly along said right of y I' a S. e t t °,i i s sl i '•t. Subject to easements,t om• ctions and reserva of 1,.:,(---) ,and other matters of• record as well as to any,• `, , ding real prop R h TO HAVE AND TO HOLD the`'rad Unto ; tee in fee simple forever. AND THE GRANTOR DOES HEREBY COVENANT with the Grantee, except as above-noted, that, at the time of the delivery of this Deed, the premises were free from all encumbrances made by Grantor, and that Grantor will warrant and defend the same against the lawful claims and demands of all persons claiming by,through,or under Grantor,but against none other. C:kUmz1Pub liaKBLAV:'WTEED5'Special WurettylBlocker, &B-K&B Commttc.Rrnulsi.wpd ■ *** OR 4760 PG 1653 *** IN WITNESS WHEREOF, The Grantor of the Property described herein has signed this Deed on the day and year first above written. Witnesses ,�/� (Sigh '�' .c.�- � �" "� • , (Print)-7107,0 r ' orcrtf.�.,.,.� KENNETH J.BLOC ��,�•r (Sign)` 4AP.w - 07 - ( „c_r A.ii c_ �1� 3 �'`'=� ® (Print)i<er cn s s M. CAa q BARBARA J.BLO I R STATE OF FLORIDA } t ,R C0 COUNTY OF COLLIER } C . SWORN TO AND U C° —1 • ore�h= this ` I' day of January, 2012, by KENNETH J.BLOCKER Old : 4:14 • IrOiktiklitk 1 personally known to me Dor have produced Florida Driv s nse l r� r. i 'N. _. r� • ""« KERENSA M.CLAR' • LIC 1` Notuy Public•Sa«of Fay t i I�£ j rtn ► . e: 8r`41 t a� /h (216','J . • ._tAy Comm.Expos Aug 14,2012 _. ' -' --'1� . Commission 0 OD 806471 4 v.h , 6onte4 T tm0tt N1Gcael NOT Msn, C.1UserePubliel TKULAWWDEEDSSpecial Wam ny':Bbcker,Kk8—K&B Commerc.Rrntals5.wpd catkr County ....00--14.--6,.."......... COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net AFFIDAVIT Weil, Kenny Blocker being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Phoenix Associates of S. FL, Inc. to act as our/my representative in any matters regarding this Petition. Si nature of Property Owner Signature of Property Owner Kenny Blocker Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ii_ .41____ day of 200.11., by ...i.<1.-±l!:4_5..ivs ie.". who is personally known to me or has produced as identification. Colke r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.colliergov.net State of Florida (Signature of Notary Public - State of N Osc r la, a scano County of Collier Florida) g Commissam.D0959762 •- EX Rts FEB.09,2014 "47,no www AARohNomacom 0-5c,a-t" (Print, Type, or Stamp Commissioned Name of Notary Public) r i{ I 'c t i 4i \ Ig i 11 .1 I R fi i T i ,i l� t� s� e !! g' ;t 1 jl g I I '11 !!! II ii! HH i!Jti f!; x .I /I 15 of• II I I/i kri R,1 Al 14$1 i 1 '!'i 1 I.I tir II ii i! i ; i� r § j9i$t' C!N./ t .f dil Y E � I gs :q y A '9 ` ., w+ o. —...-.... It „_,7 'y ' i i l31; r� r 'Ji 11 ' j I , ., G 9 1 ii m; a ',I c{ _Z— 11 ! i ill?!° !_ ( Fzi111141104 il t 1.141 4 <.,.a...••oan...,..•;....a ierlieeisia Jul. 29, 2013 3:07PM No. 0634 P. 1 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34704 PLANNING AND REGULATION • (239)232-2400 FAX (235)2524724 WWW,COLgERGOVjNEt ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-2624724 or submit in person to the Addressing Department at the above address, m must be aigned by AddreastngrROnl odor to ore>` application meeilna,Please allow 3 days for procaesing. Not all items will apply to every project. Items in bold type are required. ,FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petillon type) BL(Blasting Permit) BD(Boat Dock Extension) SDP(Site Development Plan) SOPA(SDP Amendment) CarnivaVCircus Permit (Insubstantial Change to SDP) CU(Conditional Use) ❑ SIP(Site Improvement Plan) EXP(Excavation Permit) SIPI(insubstantiai Change to SIP) p FP(Final Plat 8 SNR(Street Name Change) LLA(Lot Line Adjustment) 0 SNC(Street Name Change—Unpiatted) PNC(Profeot Name Change) ❑ TDR(Transfer of Development Rights) PPL(Plane&Plat Review) VA(Variance) P&?(Preliminary Subdivision Plat) VRP(Vegetation Removal Permit) PUD Rezone VRSFP(Vegetation Removal&Site Fill Permit) RZ(Standard Rezone) OTHER, LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Carsons Blk 6 Lots 1 t 8 Less RAN OR 1748 PG 627 -7-47 1Q 29 s q FOLIO(Property ID)HUMBER(s)of above(attach lo,or associate with,legal description if more than one) 25582440008 . STREET ADDRESS or ADDRESSES(es applicable,if already assigned) N/A • LOCATION MAP must be Attached showing exact location of project/eite in'elation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME Of applicable) Patel Building PROPOSED STREET NAMES(lf applicable) N/A SITE DEVELOPMENT PLAN NUMBER(for existing proiects/siles only) SDP _ • or ARcrPL# . .. . .............................. hi. 2013 3;07PM No. 0634 P. 2 Ct� er County COLLIER COUNTY GOVERNMENT 2804 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES.FLORIDA 34104 PLANN ING AND REGULATION (239)252.2400 FAX (289)2625724 WWW.COLLIERGOV.NET Pro)ect or development names proposed for,or already appearing in,condominium documents(N applicstk#rr, indicate whether proposed or existing) N/A Please Check One: LEI Checklist Is to be Paned back 0 Personally Picked Up APPLICANT NAME: Phoenix Assoc.of S. FL, Inc.-Chris Lascano oNE,239-593-9111 FAX 239-596-2337 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY r� FLN Number(Prhnary) 04. 5'62 q`t 1� 060 Polio Number, Folio Number Polo Number 7 Approved by ..•�../ �` pats:, Updated by:, IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 1 VICINITY MAP kt Rae• "cN �t'.�Jk, N fax h.',N 3r,t1 vN if � yr T. }.4 Pan[itiin ie C vu+t Crkv Ir rndt nl'r Metttxri 1:saertiytyt i•OMOC ieova, tiidkme • Ckestlett*(di, :t i earM ,rJtq-.:,;r 0./MNi",,1 t'iJ NAPA AUlO"ant lAzast*s i nrntxatt e 6? Udsras fl'L T,ylpU Vw SITE u :xt•n ..4 1.3. ,tc'A.a' t:..:•.r Ou LFtdy al Nsdx.n M« fAoMi.kory Cvmoiis CNaKii • r+cnrwcb