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HEX Backup Documents 01/23/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS 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-PL20130000387 - 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 1 —23-201 4 HEX BDE—PL20130002355 BATEMAN BOAT DOCK EXTENSION Ann P. Jennejohn From: Sawyer, Michael Sent: Monday, December 23, 2013 10:23 AM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael;Trish L. Morgan; Neet, Virginia;Ann P.Jennejohn; Rodriguez, Wanda;Wells, Laura Subject: NDN HEX ad copy 12-23-13 Attachments: NDN HEX ad copy 12-23-13.rtf; BDPL132355(2x3).pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks much and happy holidays, Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 iriodda z..aw e-ina'addresses are public records if you do not want your e-..rail address n a u .9 3 sponse to a,,,uk is cis:request do not send ei cironc mail to this ent _}stead contact this office by telephone or in writing. 1 December 23, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 3, 2014, and furnish proof of publication to the attention of Michael Sawyer, Project Manager, Zoning Services in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. III Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday, January 23, 2014 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida Xf `) S.R. 951 D cv, t-A \- C.R. 951 0 O 4 4 ' IC �A 0 4 • a C:3O Ei a,c), d 0 p 1), 4 \ . 0 d 4 47P o0 o 0 o - 1 D 0 n m > S.R. 29 o K 0 r 0 n O o m z —I 73 Z m N O m 0 C) n 0 0 c c z- z Acct #076397 December 23, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BDE- PL20130002355 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, January 3, 2014 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500146717 December 23, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, January 3, 2014, and send the proof(s) of publication to the Minutes & Records Department, 3299 Tamiami Trail East Suite #401, Naples, Florida, 34112. The advertisement must be a 1/4 Page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section PURCHASE ORDER NUMBER: #4500146717 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida �co S. R. 951 �o C. R. 951 o} 0 o � Q a D �O D d � � �J a Oo o� a 0 o� D O S.R. 29 O 0 r- ° ° m Z z 0 M o M t m (7 0 0 0 c C Ann P. Jennejohn To: legals @naplesnews.com Subject: BDE-PL20130002355 Display Attachments: BDE-PL20130002355.doc; BDE-PL20130002355.doc; BDE-PL20130002355.pdf Please advertise the attached (w/Map) on Friday, January 3, 2014. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: 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. rn c U rn "S; Vf vi GS PROJECT LOCATION OQ ++ , I2GLA0E5 4U OA DPo\?(Io *47eo A p O COLUER COUNTY MONROE COUNTY All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No.231150787 January 3.2014 Martha S. Vergara From: Sawyer, Michael Sent: Monday, December 30, 2013 9:47 AM To: Martha S. Vergara; Neet, Virginia; Bellows, Ray; Bosi, Michael Cc: Ashton, Heidi Subject: RE: BDE- PL20130002355 - Bateman BDE (HEX Mtg) This one also looks good to go. Again thanks for all you help, Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Monday, December 30, 2013 9:43 AM To: SawyerMichael; NeetVirginia; BellowsRay; BosiMichael Cc: AshtonHeidi Subject: BDE- PL20130002355 - Bateman BDE (HEX Mtg) Everyone, Attached is the NDN Ad for the aforementioned petition, let me know if there are any changes are required as Ann is out until next week. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Val:ue Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 F -mail: martha.vergara ,collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be Martha S. Vergara From: Ashton, Heidi Sent: Monday, December 30, 2013 11:08 AM To: Martha S. Vergara; Sawyer, Michael; Neet, Virginia; Bellows, Ray; Bosi, Michael Subject: RE: BDE- PL20130002355 - Bateman BIDE (HEX Mtg) 0, This one is good to go! gealt,4dir" -&6 Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: Martha S. Vergara [mai Ito: Martha .Verciara(�bcolIierclerk.com] Sent: Monday, December 30, 2013 9:43 AM To: SawyerMichael; NeetVirginia; BellowsRay; BosiMichael Cc: AshtonHeidi Subject: BDE- PL20130002355 - Bateman BIDE (HEX Mtg) Everyone, Attached is the NDN Ad for the aforementioned petition, let me know if there are any changes are required as Ann is out until next week. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Vahie Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara a collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicatio State of Florida Counties of Collier and Lee Before the undersigned they serve as th appeared Robin Calabrese, who on oath Advertising Director of the Naples Daily newspaper published at Naples, in Col distributed in Collier and Lee counties c attached copy of the advertising, being 5 PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time on January 3, 2014. Affiant further says that the said Naph published at Naples, in said Collier Cou: newspaper has heretofore been continuo County, Florida; distributed in Collier ai each day and has been entered as seconc office in Naples, in said Collier County, year next preceding the first publicatiol advertisement; and affiant further says promised any person, firm or corporati commission or refund for the purpose publication in,Ael s,aid *wspaper (Signature o Sw'dm to and subscribed before me Thip 9th day o January;; 201/4 / /V. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9 :00 A.M., on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida �1J I_A/(� I (,l , j' (,/.L_—) No. 231150787 -- Janua 2014 (Signature of notary public) ;i.• CAROL p Lp *: MY COMMISSION # CR EXPIRES: Nov EE 851758 Bonded PhNP ombor28 pQ14 hard Insurance Agency HEX NO. 2014—01 HEARING EXAMINER DECISION 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 Section 9, Township 52 South, Range 28 East, Collier County, Florida. DATE OF HEARING: January 23, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.03.06 of the Land Development Code has been met and the petition should be approved. ANALYSIS: The applicant met all primary criteria and 5 of the 6 secondary criteria for the boat dock extension. Secondary criteria #6 was not applicable to this application. There was no public opposition. DECISION: The Hearing Examiner hereby approves Petition No. BD-PL20130002355, filed by Kris W. Thoemke of Coastal Engineering Consultants, Inc., representing Charles Bateman, 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 on the property described herein, in accordance with the Proposed Site Plan attached as Exhibit "A". ATTACHMENTS: Exhibit A—Proposed Site Plan LEGAL DESCRIPTION: Lot 76, Port of the Islands, Phase II, according to the Plat thereof as recorded in Plat Book 21, Pages 1 through 4, Public Records of Collier County, Florida. I of 2 APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013 -25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. t -21 -tog Date 13- CPS - 01271/7 2 of 2 Marc Strain, Heanng Examiner Approved as to form and legality: Heidi Ashton -Cicko Managing Assistant County Attorney • O p CO CO it � W J Q O W 0 Q m z� Y 4. 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S2 j z co <n- 2 0 q»@ 0 0 (/( C \o CO z ƒ �\ §. D 3 < Asa E o 2 _� < -6)) m 0 c O _ 0 / E U ) \[ Irf _ w Lu \ R -0 < 3 S <M� k§) m/2 ? 0W ' /gm O \)) § ej - ®eG - Rasa )*w2/ zMzzj \ ) CD ~ 2 § > »2y2 5; Lu 2 \ ,a§ � o� ;� » a3 gNn u8gdo d , |\ � m § E < (\ ° 2w\ ae0! �� V go H\ 2$/ 80 <o Z .2'. /I /£ §} k) (O3VN id)NO|±V3]]Q kfl §/ LrHEET2 \§ FILE NO.: 13,N7 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: 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. d N ti GS IIJ PROJECT LOCATION O� b� /anRCUnes v CN �JCb vD COWER Caron NONROE COUNTY All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can he reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. EXHIBIT Mark Strain Hearing Examiner A Collier County, Florida Z3 I No. 2311 07 7 January 3 2014 AGENDA ITEM 4-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING GROWTH 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 Ilorseshoe, 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 (MHWL) of the subject property to the furthest extension of the dock facility including the vessel. There is no dredging proposed for this project. EXHIBIT BD-PL2013-2355, Page 1 of 8 Bateman Boat Dock Extension. /t December 16,2013,(revised 12-26-13, 12-30-13, 12-31-13, 1-3-14) a 23/i e?J awRrt ur RMF -16 m■ LOCATION MAP PETITION # BD -PL- 2013 -2355 o1J�Idr61r1�1�111 w T twin RSF -4 ZONING .. �v I - RSF -3 81TE LOCATION A- ACSC /ST �r�wn C.R. !48 16 OOU11r R11Q C011xtt a 1 -75 SR. E4 XnQ wap R N PpOJECT iG LOCATION A � oQ b� 00 0o q 00 /n�mm 0 v 00 o�%p° po o O twu toxin •wwa aawn awRrt ur RMF -16 m■ LOCATION MAP PETITION # BD -PL- 2013 -2355 o1J�Idr61r1�1�111 w T twin RSF -4 ZONING .. �v I - RSF -3 81TE LOCATION A- ACSC /ST w SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single Family Residence, with a zoning designation of RSF -4 SURROUNDING: North: Sunset Cay ROW, then Single Family Residence, with a zoning designation of RSF -4 East: Undeveloped Single Family parcel, with a zoning designation of RSF -4 South: Inlet canal, then Single Family Residence, with a zoning designation of RSF -4 West: Single Family Residence, with a zoning designation of RSF -4 Aerial photo taken from Collier County Property Appraiser website. SUNSO CAv 6-2--- 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 (LDC) 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 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 F 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- PL2013 -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 MHW). 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 of 8 Bateman Boat Dock Extension. December 16, 2013, (revised 12- 26 -13, 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 finger 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(I) 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) ` V` 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 Hearing 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 BD- PL20130002355 on January 3, 2014. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner approve Petition BD- PL20130002355. Attachments: A. Application BD- PL2013 -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: 44 i�►�•:.l .i_i11?/ Z . tto • �- * C A ,L SA •R, ROJECT MANAGER DATE •EPAR MENT OF PLANNING AND ZONING REVIEWED BY: AP.4 /Z- 6 c- (3 RAYMO F'V. BELLOWS,ZONING M NAGER DATE DEPART ENT OF PLANNING AND ZONING MICHAEL BOSI, AICP. DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING BD-PL2013-2355, Page 8 of 8 Bateman Boat Dock Extension. December 16,2013,(revised) qA CY/ 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 SECONDARY CRITERIA I 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 seagrass beds)) Special Condition Exists: Rock rip rap is located along the length of the shoreline 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 215 sq.TL 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 neighbor's view. 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)) The area was examined for seagrasses by CEC staff and no seagrasses were noted in the project area or vicinity. 6. Whether or not 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.ii must be demonstrated)) Consistent: Please refer to the attached supplemental response sheet for this response. 9-/ SUPPLEMENTAL RESPONSE SHEET DOCK FACILITY EXTENSION PETITION ` APPLICANT: CHARLES BATEMAN 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 MHW 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 MHW line making 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 waterway. 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 r Whether or not 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.ii must be demonstrated)) Proposed docking facility is a single - family dock and is not subject to the manatee protection requirements of 5.03.06.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. n Co *r County Up 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. Signature of Petitioner or Agent C9--- ATTACHMENT 1 EXISTING AND PROPOSED PLANS fll*l I^ c9/ APPROXIMATE MEAN SUNSET CAY (WRIGHT OF WAYT BENCHMARK I IT FOUND PK NAIL FOUND PK NAIL IN SOAURE CUT AND TIN TAB I ELEVATION = 8.08 N A.V.D. 30 O 115 30 6o SCALE: 111 = 301 HIGH WATER LINE _ I _ _ — _ _ _ _ _ _ _ _ _ FOUND Bi8" IRON PIN I I I I I I LOT 76 I I 186 SUNSET CAY LOT 77 I I EXISTING ONE STORY a (OCCUPIED) I I CONCRETE STRUCTURE r 4 I U) GENERAL GENERAL NOTES 1. ELEVATIONS SHOWN HEREON ARE RELATIVE TO MEAN LOW 00 WATER (MLW). Z 2. APPLICANT OWNS APPROXIMATELY 93 LINEAR FEET OF tier SHORELINE. K TIDAL DATUMS AT THE PROJECT SITE ARE BASED ON FLORIDA 13.9f APPROXIMATE TOP OF BANK 872 4970 TIDE STATION FAKA UNION BAY, PUBLISHED 1/13103. MEAN HIGH WATER (MHW) . +0.775 FT NAVD 8 MEAN LOW WATER (MLW) = 0.105 FT NAVD APPROXIMATE MEAN HIGH WATER LINE zzor byn ➢r Alo ZIN a ms 2IR1 mI r 4 .I 9erwq -wu. 6 ":a f97 Dl7 PHONF'. (239)0632324 FAX (239)1113 -1143 3108 SOU I HORSESHOE DRIVE F-M..m i 9coll s's— - NMLEfi, FLORIDA 36164 E.N!6Y. snycdlia!�60tlll.mrn sa Fr. 28.1 r I b� I b� LU •AA g1J n K M N I o� 0� MIQ Ice crn: CHARLIE BATEMAN SPECIFIC PURPOSE SURVEY OF SUBMERGED LANDS LANDS LOCATED AT LOT 78, POR T OF THE ISLANDS (THE CAYS) PHASE III AS RECORDED IN PLAT BOOK 21, PAGE 3 O THE PUBLIC RECORDCD OF COLLIER COUI'NY. FLORIDA. COASTA ENG ING CO SULTAN INC. FLORID,. BUSIN S AUTHO ZAT1 N0. LB 2464 RICHARD J. EWMNG,VP- PROFESSIONAL SURV OR AND MAPPER FLORIDA CERTIFICAT N0. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER DATE OF FIELD SURVEY: 04 25/`13 / DATE OF SIGNATURE: //' y -�3 CN SUNSET GAY (60' RIGHT OF WAY) _ I -- _ BENCHMARK I FOUND PK NAIL' FOUND PK NAIL AND TIN TAB I 30 0 15 30 60 I IN SOAURE CUT ELEVATION = 6.08 NAVD. I SCALE: 1" = 30' OT 76 To NSET CAY LOT 77 ONE STORY (OCCUPIEDE STRUCTURE Lo a 0 U I o� I I 13.97' I I DECK T 13.9r APPROXIMATE TOP I 'F BAN_ 8N 40,W 6 1 �iAn�, GENERAL NOTES �+ 411;ip�r: if"�Ih( PROXIMATE MEAN WiVI I11 �i �J I �- 1. ELEVATIONS SHOWN HEREON ARE RELATIVE TO MEAN LOW HIGHWATERLINE h �j15 , �� _ WATER (MLW). FEET OF 5� 27.96 a7' p }` 2e.11 I 2. APPLICANT OWNS APPROXIMATELY 93 LINEAR AREA OF EXPOSED _ SHORELINE. SUBMERGED ROCK S gl+'+r PROPOSED WOOD DECK I TIDAL DATUMS AT THE PROJECT SITE ARE BASED ON FLORIDA pp 686 S0, FT.I Z 872 4970 TIDE STATION g BOAT 28' FROM y9 M ' FAKA UNION BAY, PUBLISHED 1113103. = +0.775 FT NAVD �Iw LIFT MHW LINE- uF1IQ MEAN HIGH WATER (MHW) zlm y" •a` , ^°1� MEAN LOW WATER (MLW) = 0105 FT NAVD 31'BOAT COASTAL CIVIL E NEERING SURVEYS MArrING camp+: CHARLIE BATEMAN OV26A3 .3v K,wp � 7'x MW2 m ENGINEERING COASTAL EN wEENiNG – nn£ PROPOSED DOCK LAYOUT OF gUBMERGEU G+cGpM)' RJE 7t 6? CONSULTANTS ENVIRONMLN ?AL PLANNING SERVICES a— 526 2IIE INC. A —1 PHONE: (239)643.2321 LANDS LOCATED AT LOT 7& PORT THF.. ISLANDS (THE CAYS) __ �' 13.04? _ FbU.�.a1u 1�1 FAx: (239)613.1143 PHASE III AS RECORDED IN PIA7- BOOK 21, PAGE 3 OF THE PUBLIC r.pn t1M ?.PROi'OSEO p0, MTA 97' REVKKMIR&:pV110R 3106 SOUTH HORSESHOE DRIVE 'xww.aresmle++g "eerl+g -mn RECORDED OF COWER COVTNY, FLORIDA. NAPLES, FLORIDA.Y•'104 E -MuA: n+r9w0[mgcedA.o9m E - lll1 0 0 a 0 5 10 20 SCALE: 1" = 10' — 20 - 18 -� - 16 w z PROPOSED Q 12 a PILING 10 a PROPOSED a DOCK Z 5- m p w _. 4 Y -.- _ . .... .... ...... ......._ -. 2 0 � W 0 -J _2 W a -- -- _-- _.. - --- - -� - ---- WATER LEVEL04125 /13 = - 1.6'(NAVD)I --- -- --- -------------------- -- --- --- ---- -- ------- -- -- ---- i _q -, ---�._ EXISTING GRADE —_� 0 20 40 60 80 DISTANCE ALONG BASELINE (FT) NOTES SECTION A -A 1.EELEVATIONS SHOWN HEREON ARE RELATIVE TO MEAN LOW WATER (MLW). 2. APPLICANT OWNS APPROXIMATELY 93 LINEAR FEET OF SHORELINE. TIDAL DATUMS AT THE PROJECT SITE ARE BASED ON FLORIDA 872 4970 TIDE STATION FAKA UNION BAY, PUBLISHED 1i13/03. MEAN HIGH WATER (MHW) = +0.775 FT NAVD MEAN LOW WATER (MLW) = 0.105 FT NAVD r COASTAL A ENGINEERING CIVIL ENGINEERING SURYEYaMasNNC CU— CHARLIE BATEMAN " 04rMI3 x' rasa ' mmw - -- '°' M602 CONSULTANTS COAST AL ENOINEERING ENVIRONMENIAL __._.. tltl. F' PROPOSED DOCK LAYOUT OF SURMFRCED NEfYi9: R3E 71 — N INC. PUNNING SERVICES C' 9 525 211E ...,, -.. -,- y nceCt aROUV COYF.wv L_J sMwq fkv�a:+YFcu 14ri PHONE (239)843-2721 LANDS LOCATED AT LOT 18, PORT OF TI IF ISLANDS (THE LAYS) -_- 13.MT - "'- " "'- FAX (239)843 -1163 3108 SOUTH RORSFSHOF nRNF www. nurelen9ineMnp.Epn PHASE III AS RECORDED IN PLAT DOOK 21, PAGE 3 OF THE PUBLIC NAPLFS,FI -ORIDA 3410! E -MBN: en9COIleI®CeCM.ttm RECORDED OF COLLIER COU't'NY, FlORlOA t].MT- PROFOSEO rq. SATE ev gew9Wr�npetaaormN ATTACHMENT 2 ADJACENT DOCKING FACILITIES n 0 d a , i ti O177 �r r w. v ' � 0 200 50 100 COASTAL CNIL ENGINEERING CUEN7: DATE. .. E. ENGINEERING SURVEY & MAPPING COASTAL ENGINEERING BATEMAN DOCK, PORT OF THE ISLANDS , CONSULTANTS ENVIRONMENTAL Trrne _ w,,: rte. gDB INC. PLANNING SERVICES CNEMO: x C I SWn S SMC. ien PHONE: (239)432324 AERIAL VIEW 3106 SOUTH HORSESHOE DRIVE E FAX: j239)643 -1743 Ww .coaslalengmearirg.com 13047 -Ao iol view_dwg NAPLES. FLORIDA 34104 E -Mail: info@c Q.a REF. M7. 13.047 N0. OA7E fiv REVicio,., DE SCaionou iiiCy r ivldliva.i�� t s, j5 ai�o�:i ihai, oil f1i h d oil f0f thl r (,Fj filatorl -.i:'Dv of � iooc iim, d I//,- em :v-y Pe; ajI E-1f6,i i tim AYL 1 1*0 f.,R;,--b aild wh !�- 7 Me F •0 Fhli Bit MC id ibis &PPfic&li0I,. incit"o,""r-'r, tho cdsciosum rif imtei-A* f �l-"foranslioi-J, -W1 &11 and oifier n7aker b nf;ade a palr Of lhis are hollasi and bue io lho bes! of our kilowkx1gc atid !bIVJ uncferWarl' tilst f,"s, iil;<1011edi)o 017 6145 a,-)pP(-oroji must Do iximpirjr, oj7d arcuretie w1c; iiW t112 enniani of ihis iblin, '7ethe riocis wit/ noi ba. jri,j w Corripmei gel'GIZied or Gouoty jo.i.-lico rh�,Jl noi he P�jblic hae P.dvodi�s9?d is 443med o7nm77k, and �W iecfulii d b-if'onrAtiOn has h-W? PubMidscl• 94--A 0, z f-o I , 3iqr.,a4'11r,u of U 'ry,oxoxf or P, ill f-- (IJ+01w? of 4 of d i xpm;, of Goal; "I y y p ud" VIEW J BLANK , Notary pubuc - swe of Florida my cow. expirst Oct 2$, 2017 1017 c I ommu" # FF Mum] a 0 ww_ BD - PL20130002355 REV: 1 BATEMAN BOAT DOCK DATE: 11/8/13 DUE: 11/25/13 0 t*) Corr 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 BATEMAN BOAT DOCK DATE: 11/8/13 DATE PROCESSED DUE: 11125/13 APPLICANT INFORMATION NAME OF APPLICANT(S) Charles Bateman ADDRESS 186 Sunset Cay CITY Naples TELEPHONE # E -MAIL I'—) a Dg4k1 3 NAME OF AGENT Kris W. Thoemke FIRM Coastal Engineering Consultants, Inc. ADDRESS 3106 S. Horseshoe Dr. CITY Naples TELEPHONE # 239 -643 -2324 x 156 E -MAIL kthoemke @cecifl.com CELL # STATE FL Zip 34114 FAX # STATE FL Zip 34104 FAX # 239 643 -1143 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION �w Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net I PROPERTY LOCATION I Address of Subject Property 186 Sunset Cay Section/Township /Range 9 /52S 128E property I.D.# o () v �� U Subdivision Port of the Islands Unit Ph II Lot(s) 76 Block(s) Current Zoning and Land use of Subject Property Single Family Residential I ADJACENT ZONING AND LAND USE I 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 l ter (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 osed 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 (bapk, seawall or rip -rap revetment). , 0� Zoning Land Use N RSF-4 Vacant Land S Open Water N/A E RSF-4 Single Family Home W RSF-4 Vacant Land 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 l ter (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 osed 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 (bapk, seawall or rip -rap revetment). , 0� CAY 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 INFORMATION Width of waterway: 200 ft.; Measurement from ❑ plat ❑ survey 0 visual estimate ❑ other (specify) Total property water frontage: 83 ft. Setbacks: provided 23 & 28 ft. required 15 ft. Total protrusion of proposed facility into water: 40 fL Number and length of vessels to use facility: 1. 31 ft., 2. ft., 3. fL List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: See Attachment 2, Adjacent Docking Facilities 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? 0.28 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? ❑ 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. 0 CAY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE r` GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 ` PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PRIMARY CRITERIA 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). OIL- VA— PL20130000745 1- 232014 HEX Ann P. Jennejohn MEADOWBROOK PUD VARIANCE From: Sawyer, Michael Sent: Monday, December 23, 2013 11:01 AM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Trish L. Morgan; Neet, Virginia; Rodriguez, Wanda; Wells, Laura; Ann P. Jennejohn Subject: NDN ad 12 -23 -13 Attachments: NDN ad 12- 23- 13.rtf; 2x3 location map.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks and Happy Holidays, Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 Under Fienda Law, e maii addresses are p €,h is records, if you do not swan. your e mail address re eased in response to a puts ic-records regUest, oo not send a,'.ect.(on c rr:.ail to the entity. Instead. contact this office by telephon=e or in tvariting. 1 December 23, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 3, 2014, and furnish proof of publication to the attention of Michael Sawyer, Project Manager, Zoning Services in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, January 23, 2014 in the Hearing Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. VA- PL20130000745 — Banyan Woods Homeowner's Association, Inc. is 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida m-u 0XZ zmm\ mVv (C. R. 851) cn m m GOODLETTE -FRANK ROAD TAMIAMI TRAIL (U.S. 41) G7 �0 Z �cn O-V OZ =K c?� �Z m m m �� ;u m C-) o ov =vz — Imm N -40 miMOORINGS PARK o 0 C N N � mz ^ 0 D c- c- 0 m O X� 7 ` m^ K m mm 0 NNE 0 m °) CD Z �� D ^rz p ��m M vN� nV) D r= rm Ln AIR ORT- PULLING I ROAD (C.R.31) CARILLON z z; W 0z D IX� N m =D \Nl�0 :E mN0 Dm -I 0 Z C-� mN ° N �0� m� U) M W coo �cZi� DZ 0 0 0� m�—i r-0 N -< M 0 �� Z 0m m Z 0m y N Z � m 0> �o Acct #076397 December 23, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA- PL20130000745 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, January 3, 2014 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500146717 December 23, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, January 3, 2014, and send the proof(s) of publication to the Minutes & Records Department, 3299 Tamiami Trail East Suite #401, Naples, Florida, 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section PURCHASE ORDER NUMBER: #4500146717 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. VA- PL20130000745 — Banyan Woods Homeowner's Association, Inc. is 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida TAMIAMI TRAIL (U.S. 41) rn rrl rn nXZ G7 -I p � 0 p C7 � o m � lLn 0 m m 0 m C -A (C . R. 851) cn '''''' Lo --4 K ;u 00 Z rn Ov z v GOODLETTE -FRANK ROAD U) cn m my MOORINGS PARK O r cN ON ^^ mz `J O L \ c- O ^rn m 7 " Gn rn K X� Z m^ m mm n 00 G) (-0 m a' X GoZ D ^rz Ro p ;o X m rn N rn D r = r m AIR ORT- PULLING ROAD 0 (C. R. 31) CARILLON Zm -v OZ rnrn0p °m° ��> m iZO _>� �� o )z m m n p -nNO Dm -� O Z C7 K ;u U) 'U 7c p Ny mm M W C0 _uOc ;o DZ 0O r� NOS 0 O z m rn O U) v m y Z N �m Z m O> N C �v Ann P. Jennejohn To: legals @naplesnews.com Subject: VA-PL20130000745 (Display) Attachments: VA-PL20130000745.doc; VA-PL20130000745.doc; VA-PL20130000745.pdf Please advertise the attached (w/Map) on Friday, January 3, 2014. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. VA- PL20130000745 — Banyan Woods Homeowner's Associa- tion, Inc. is requesting a variance from Section 5.03.02.0 of the Land De- velopment Code to replace two of the existing perimeter privacy walls with two new privacy walls up to ten feet in height within the residential compo- nent 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. Of 1-1 Ell Fr All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No. 231150786 January 3. 2014 p TEMPLE CITRUS GROVE Q (P) .-. � r� MANCHESTER � � SQUARE � N.N. UNITED � U COMMUNITY `.. METHODIST PINE AIR � PARK SCHOOL CHURCH 1D 11 LAKES a CENTRAL OF NAPLES (DRI) H NORTH 12 CYPRESS ~ PINE RIDGE COMMONS JAEGER O SUMMERWIND GLEN � MISSION K �GOODLETTE SQUARE a Q CORNERS (C.R.896) ~ PINE RIDGE ROAD THE o RELATED PINE RIDGE < PROJECT FALLS � MEADOWBROOK GROUP MIXED USE � CENTER LOCATION `L Z Q � FOREST NAPLES 15 w � LAKES 14 8. &T.C. 13 HIWASSE m w z a HOMES TIMBER OD KENSINGTON PARK L5 � 00 WORLD EVANS � TENNIS CENTER Martha S. Vergara From: Sawyer, Michael Sent: Monday, December 30, 2013 9:45 AM To: Martha S. Vergara; Rodriguez, Wanda; Bellows, Ray; Bosi, Michael Subject: RE: VA- PL20130000745 - Banyan Woods HOA (HEX Mtg) Looks good to go. Thanks much, Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 From: Martha S. Vergara [ mailto• Martha.Vergara @collierclerk.com] Sent: Monday, December 30, 2013 9:34 AM To: SawyerMichael; RodriguezWanda; BellowsRay; BosiMichael Subject: VA- PL20130000745 - Banyan Woods HOA (HEX Mtg) Good Morning All, Attached is the NDN Proof for the aforementioned ad, please review and let me know of any changes required as Ann is out of the office until next week. Thanks, Martha Vergara, BMR Senior Cleric Minutes and Records Dept. Clerk of the Circuit. Court & Value Adjustment Board (.office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara&collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Martha S. Vergara From: Ashton, Heidi Sent: Monday, December 30, 2013 11:38 AM To: Martha S. Vergara Subject: FW: VA- PL20130000745 - Banyan Woods HOA (HEX Mtg) Thanks Martha! qea * '461am - (vela Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: AshtonHeidi Sent: Monday, December 30, 2013 11:10 AM To: NeetVirginia Subject: RE: VA- PL20130000745 - Banyan Woods HOA (HEX Mtg) Dinny, This one is okay to go '�fecdi �e�iton -�'cka Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: NeetVirginia Sent: Monday, December 30, 2013 9:39 AM To: AshtonHeidi Subject: FW: VA- PL20130000745 - Banyan Woods HOA (HEX Mtg) Importance: High Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 Undw F" rid a L.aw, e -mai adoresse;s are pob!ic records. If you do not Watit your e -niai! auclrf ss reie aced In reIsponse to a public ri:cords roquerst, tic, not sond e ectron c mail to this entity. Instead, contact this office by telephone or in wriiing. From: Martha S. Vergara [ma i Ito: Martha .VergaraCacolIierclerk.com] Sent: Monday, December 30, 2013 9:37 AM To: NeetVirginia 1 Subject: FW: VA- PL20130000745 - Banyan Woods HOA (HEX Mtg) Importance: High Morning Dinny, Didn't know you were here and taking care of Wanda HEX ads... attached is Banyan Woods HOA. From: Martha S. Vergara Sent: Monday, December 30, 2013 9:34 AM To: Sawyer, Michael; Rodriguez, Wanda (WandaRodriquez @ collieraov.net); Bellows, Ray (RayBellowsC&colliergov.net); Bosi, Michael (MichaelBosi (-acolliergov.net) Subject: VA- PL20130000745 - Banyan Woods HOA (HEX Mtg) Good Morning All, Attached is the NDN Proof for the aforementioned ad, please review and let me know of any changes required as Ann is out of the office until next week. Thanks, Martha Verriara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E-mail: martha .vergara(kcollierclerk.com NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicatio State of Florida Counties of Collier and Lee Before the undersigned they serve as th appeared Robin Calabrese, who on oath Advertising Director of the Naples Dail) newspaper published at Naples, in Co distributed in Collier and Lee counties attached copy of the advertising, being PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 on January 3, 2014. Affiant further says that the said Nal published at Naples, in said Collier Cc newspaper has heretofore been contint County, Florida; distributed in Collier each day and has been entered as secol office in Naples, in said Collier Count: year next preceding the first publicati( advertisement; and affiant further says promised any person, firm or corporate commission or reftip# for the purpose I publication in tX% newspaper. (Signature of affiant) i� Sworn to and subscribed before me Thhi 9th day o January, 2014 11 (Signature of notary public) NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. VA- PL20130000745 — Banyan Woods Homeowner's Associa- tion, Inc. is requesting a variance from Section 5.03.02.0 of the Land De- velopment Code to replace two of the existing perimeter privacy walls with two new privacy walls up to ten feet in height within the residential compo- nent 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No. 231150786 _ January 3 2014 ns of Pouooaa 'rtlii;ION # EE 851758 ' " rgevember 28, 2014 a 111fi1fl&rd Insurance Agency p TEMPLE CITRUS GROVE (P) m MANCHESTER N SQUARE N.N. UNITED ? U v COMMUNITY METHODIST PINE AIR J SCHOOL PARK SCHOOL Q CHURCH TO 11 LAKES ii CENTRAL OF NAPLES aF PINE RIDGE (DRI) �L NORTH 12 CYPRESS COMMONS JAEGER GL SUMMERWIND EN �GOODLETTE 15�0N ME F CORNERS (C.R. 896) PINE RIDGE ROAD GE PROJECT THE FALLS MEADOWS OOK RGROUP MIN EDRIID E < CENTER LOCATION ° QZ 15 LL FOREST LAKES 4 NAPLES HOMES B.kT.C. 13 HIWASSE m w� TIMBER OD KENSINGTON PARK po U O WORLD EVANS TENNIS CENTER All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No. 231150786 _ January 3 2014 ns of Pouooaa 'rtlii;ION # EE 851758 ' " rgevember 28, 2014 a 111fi1fl&rd Insurance Agency HEX NO. 2014 — 02 HEARING EXAMINER DECISION 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. DATE OF HEARING: January 23, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section 9.04.03 of the Land Development Code has been met and the petition should be approved. ANALYSIS: The Banyan Woods subdivision is a residential project adjacent to Activity Center #13. Businesses within this activity center are allowed to operate on a 24 -hour basis. The developed land elevations of the commercial tract within the Activity Center adjacent to Banyan Woods have height differences of four feet compared to the developed land elevations at Banyan Woods. To reduce incompatible activities generated by this close proximity to commercial uses, the applicant's request to increase the allowed wall height an additional four feet above the allowed six feet is warranted for the reasons as outlined in the staff report. DECISION: The Hearing Examiner hereby approves Petition No. VA- PL20130000745 filed by Jeffrey A. Nunner, PE, of Nunner, LLC, representing Gary A. Godley and Banyan Woods Homeowners Association, Inc., for a variance from the 6 foot height limit in LDC Section 5.03.02.0 to allow the replacement of two of the existing perimeter privacy walls with new walls up to ten feet in height in the Meadowbrook Planned Unit Development zoning district, as shown in the Conceptual Site Plan attached as Exhibit "A ". ATTACHMENTS: Exhibit A — legal description and Conceptual Site Plan LEGAL DESCRIPTION: see Exhibit A 1 of 2 APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013 -25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. I - 2I- to Date 13- CPS - 01234/13 2 of 2 QVv � Lv M Strain, Hearing Examiner Approved as to form and legality: a A, + 060 Heidi Ashton -Cicko Managing Assistant County Attorney Exhibit A Page i of 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 Nunner, LLC 8113 Lowbank Dr. Naples, FL 34109 239.404.0732 jnunner @comcast.net a z -n 2a�Z - zz g �r 7 i ? a< 3 D Z 3 o 0 TAMIAMI TRAIL ( U.S. 61 ��poD0 GOODLETTE FRANK ROAD m \ o 0 O A N Q Z s`m—+ o m Z m O Z �. O IT C- ^ m M 0 m Aop0CZm �IONN C [1 O m cr �7� Any Z -- ' °D DT ww p o � F ° oo N AIRPORT -PULLING ROAD c !C LIVINGSTON ROAD � n ;ED INTERSTATE 1 -75 D� N "coow Exhibit A Page - of u >Z!! C� Wa0 m>:E 10 ��poD0 N I N 00 °O m \ o 0 O A N Q Z s`m—+ Z Dm1 S 'G m Z m O,e N Z v o0Dm Z �. 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TO zpp Z \� Nm�nm ° Fom m G) m-I C, me -ID D�s n� zz- °5m zz m zzz � �moo� �Sz z MoD c T D �Zp m� -1 NyF° Az0 a 1. � °og r x0 Om 0 m op DZ Omr ?22 0 _DD rZ �x IL iia5m Txa zm" ° °y�� D° 3 A"i z 6zj O 'wz�o0 nn0 mOO <i `oD yD ` 5 r 0 m r n O z 0 m z D r m = < m � _p IT! n r eZ w 8 D o z IT, rn j m m m v ?D m z �O m D_ r r F lo m oA N N I N 00 °O zz \ o 0 a .. ®,,..� Oz \ WO \ D z m O Z \ I wmry M -4 GO L c c C Z 0 ?OC7 z Z D D oo �ZA go D D mm O 7— p Dn u N W J _ rr h D m N X N 0 m N O O> m � O W W r m D y �I r °° D o Z Z m O ° Z z m m v ?D m z �O m D_ r r F lo m oA N O zz ..«.{��j a .. ®,,..� RN I wmry m OD c o� Fo Fo 90 ?OC7 - oo �ZA D O 7— Dn u i mzg rr h �I r m v.m�amu ..«.{��j 1 ■per ®®.� .. ®,,..� I wmry i gift u i 9 2 rr h Aid a� "x` Y f ✓ �� AGENDA ITEM 4-B Co er 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 Banyon 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 screenint for t - -sidents. a EXHIBIT VA-PL20130000745,Banyan Woods Variance December 23,2013(revised 12-30-13, 12-31-13, 1-3-14) Page 1 of 7 A C9-- I DIMENSIONAL VARIANCE PETITION TO ALLOW REPLACEMENT WALL ( NOT TO EXCEED 10' HIGH) OWNER BANYAN WOODS HOMEOWNERS ASSOCIATION N DIRECTORS CNDM. LLC 379A PROGRESS AYENOF, 9UI,E 10T NAln" FLORIDA 3•I(N 12A 1 .77- PHONE OWNER: GARY A. GODLEY S RUATIC OAKS CIRCLE NAPLES. FLORIDA 3.105 AGENT: NUNNER, LLC JEFF RlY A. NUNNER. PE. $113 LOWSANN OR:VE NAPLES. FLORIDA ul. 1239)A040732 PHONE I CCNCEFa� _ jIAVOIf.AF! µCiRYµ+°F %Y!STN • 1 AN "AP AN � uh I AQL E- ASEMFNT DETAIL r•..4 GENERAL. NOTES, 1. ALL PERMITS INCLUDING REQUIRED PLANS, CALCULATIONS, DETAILS AND ENGINEERING WILL BE OBTAINED PRIOR TO CONSTRUCTION, 2. C%ISTINO LANDSCAPING AND IRRIGATION TO REMAIN AND SHALL BE REPLACED IF DAMAGED DURING CONSTRUCTION 3, WALL REPLACEMENT WILL NOT REDUCE l REPLACE REQUIRED LANDSCAPING SUFFERS. LOCATED WITHIN_ FOLK) NO Nmr . 22730000337 - Or: Gary A. Godley SE9 M syi !<r.t t• M9l. FF A l AT.M ic IsC°rIM 01 <IXUIe pwr:.. RRMICF FOLKS NO. 22730000141 -Owns Sanrn Wood. NOA 7R•C' �trf. q uN••. +.o°OF. M IIF <_,.y f] u7 x PAR` Tl R .1 .1 1M I.L. w O• 1 OWR_ FOLIO NO. 22730000073- 0w BAnyrn Wrod.NOA o< •ac- o. of w3NFAN wROOA •e reror.m w Pu,7 .00+ x voa .a rNw n of 7Ne wwo Rcae. er co<.Iw. cour.r rtnwn•. uM ,N•3 eoarw• •NOVA u -N2 .eNaw .. u_ wNOOrwur u ORCw.eo w o • r a.F. Fo Nn •ro A. •NV«OOO w oR. an. >a u, NUNNER LLC BANYAN WOODS ul BRE PLAN DETAIL V REP CEMEN FOLIO N0. WAlNOT T 22730000073 E%CE D 16' 1}IGH� ... I+I+ A II J l FOLI6 N. 2275 141 24 HOLM � WALMART I VAN STORE J ODS 1 Anl A CARILLION SHOPPING � 1 DEAR I FOLIO Nr. 22730000337 ARSPORT • PULLING ROAD I C.R. 811 PIJ1N NEW D[TAIL Ca- SURROUNDING LAND USE & ZONING: I- I - SUBJECT PARCEL: Single and multi - family residential development, with a zoning designation of PUD, specifically the Meadowbrook PUD. North: Commercial development, with a zoning designation of PUD, specifically the Carillon PUD. East: Single and multi - family residential development, with a zoning designation of PUD, specifically the Kensington PUD. South: Single family residential development, with a zoning designation of PUD, specifically the Timberwood PUD. West: Airport Pulling Road ROW, then single and multi - family residential development, with a zoning designation of PUD, specifically the Naples Bath and Tennis PUD. eR� I cE :s } V L i i, 1 T Aerial photo taken from Collier County Property Appraiser website. VA- PL20130000745, Banyan Woods Variance December 23, 2013 (revised 12- 30 -13, 12- 31 -13, 1 -3 -14) Page 4 of 7 C� 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 (FLIJM). 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-PL20133000745,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 LDC 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-PL-20130000745 on January 3, 2014. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA-PL- 20130000745, Banyon Woods Variance. VA-PL20130000745,Banyan Woods Variance December 23,2013(revised 12-30-13, 12-31-13, 1-3-14) Page 6 of 7 PREPARED BY: A / if 0 _ 12 .31 . 13 I HA L SA II YE' PROJECT MANAGER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: IL 31 • (3 RAYMO V. BELLOWS,ZONING MANAGER DA'L'E DEPART NT OF PLANNING AND ZONING f .'-' / J-s MICHAEL BOSI, AICP. DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING Attachment: A. Conceptual Site Plan revised 10-2013 VA-PL20130000745,Banyan Woods Variance December 23,2013(revised 12-30-13, 12-31-13) Pagel of 10 K IN Co Y 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 VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s)'REQUIRED FOR A PARTICULAR ZONING DISTRICT) PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANTJAGENT INFORMATION NAME OF APPLICANT(S) Banyan Woods Homeowners Association and Gary A. Godley c/o ADDRESS 3784 Progress Avenue, Suite 107 Naples, Florida 34104 TELEPHONE # 239.877.7457 CELL # FAX # E -MAIL ADDRESS: laneth @directorschoicellc.com 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: )nunner @comcast.net :PROPERTY DESCRIPTION Legal Description of Subject Property: provided on Conceptual Site Plan Section /Township /Range 13 / 49S / 25E Property I.D. #: see exhibit A Subdivision: Banyan Woods Unit Lot: Block: _ Metes & Bounds Description: See exhibit A -hitA A eee Acreage: 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 �L COJtI *6-r C,014W.,Y COLLIER COUNTY GOVERNMENT' 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 234? 2�,2 -2400 FAX (234) 252 -6358 r Complete the following for oil 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 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP CITY STATE ZIP CITY STATE ZIP CITY _ STATE ZIP r CITY STATE ZIP Minimum Yard Requirements for Subiect Proaerty: Front: Corner Lot: Yes ❑ No ❑ Side: Waterfront Lot: Yes ❑ No Q Rear: 8/30/2010 Zoning Land Use _ N Carillon PUD Commecial S Banyan Woods PUD Residential E Banyan Woods PUD Residential W Airport Road ROW Airport Road Minimum Yard Requirements for Subiect Proaerty: Front: Corner Lot: Yes ❑ No ❑ Side: Waterfront Lot: Yes ❑ No Q Rear: 8/30/2010 Co d ie-r County '- OLLIER COUN; Y GOVERNMENT 2800 NORTH HORSESHOE DRIVE Gk'(Y,.NT:4 �RANAGEMENT DI % SlON! NAPLES, FLORiL7A 3410�t P1 A' Nil`lG AND REGULATION 234) 252 -2400 FAX (239) 252 -6358 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 l'ctcation, size and characteristics of the land, structure, or building involved. Yes, the adjacent commercial property is higher than Banyan Woods so the effective height of the wall will 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 some 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 injurious 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 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION,! PLAh1 NG AND REGULATION _ Y Cot her Cox -nt 1v UQ/ 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 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 on official interpretation or zoning verification rendered on this property within the last year? ❑ Yes Q 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. 8/30/2010 0 cC} E bey COUMN COLLIE? COUNTY GO`vcRNMFNT 2800 NORTH HORSESHOE DRIVr i ft0`9dTH MANAGEMENT DIVISEON/ NAPLES, FLORIDA 3410+ PLt', -NNiNG AND REGULATION 239) 252 -2440 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. EE Q 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 U Completed Appikation (download from website for current form) Non - Residential X $2,000.00 Completed Addressing Checklist, Signed by Addressing Department 1 X Fire Review Conceptual Site Plan 24" x 36" and one 8 1/2 " x 1 1 " copy After -The -Fact Zoning/ Land Use Petitions 2x the normal petition fee ❑ Survey of property showing the encroachment (measured In feet) 2 ❑ $500.00 Owner/Agent Affidavit signed & notarized 1 (any over- or under - payment will be reconciled upon receipt of Invoice from Naples Daily News). Deeds Le al's 3 Location map 1 Aerial photographs (taken within the previous 12 months min. scaled 1 " -200' ), showing FLUCCS Codes Legend, and project boundary 5 ❑ ❑ Electronic copy of all documents and plans (CDROM or Diskette) 2 ❑ ❑ Historical Survey or waiver request 1 Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justrfication 3 ❑ ❑ __ _ Within 30 days after receipt of the first review comment letter, provide 1 X Property Owner Advisor), Letter and Certification Project Narrative I X EE Q 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 U $5,000.00 Non - Residential �] $2,000.00 Sign Variance ❑ $100.00 Fire Review ❑ After -The -Fact Zoning/ Land Use Petitions 2x the normal petition fee ❑ $925.00 Estimated Legal Advertising Fee - CCPC Meeting ❑ $500.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under - payment will be reconciled upon receipt of Invoice from Naples Daily News). ❑ $2,500.00 EIS Review ❑ $1,000.00 Listed Species Survey (If EIS is not required) OTHER REQUIREMENTS: I In l � d ne nature Date 0 8/30/2010 NUNNER Engineering & Owner Representative. Services October 21, 2013 e L D--d 13 OZ)06 -14 S-'� Re: Variance Petition for Banyan Woods replacement wall not to exceed 10' The following information is provided: 1. Completed application revi Conceptual Site Plan (15 copies) plus one 81/2 x 11 copy 3. Completed Owner 4. Exhibit A Legal Descriptions 5. CD of all documents and plans 6. Cover letter (15 copies) 7. Sample letter to adjacent property owners 8113 Lowbank Drive Naples, Florida 34109 239.404.0732 jnunner @comcast.net Ir rAj 1—\ 10 JI H W O _ 5I= a.�N yO� cb Qp i o ! CC�X w N w ¢ \ / a i h � O F p z z car a \ p I ¢ U i z I rb Lu \N ' ol wzo � C C¢U 04 Z!i T 7 ¢ C3 8 Li qR o63 Nab Ly '.��, zoN a t2z j¢i o1 aq W] m u J� J w Qom u O o� hg Z4 Op O w �g * a ¢W z z m O = J ~ y2�2g N gzO O ¢ U zz0 N f ex cr W S O N m H � (a J: F: w O' W,y > w z 1_- J � Q a~a w U x b U w J ° a Q l r ° z I o€ a� u >`a C'W Ct� i0'W W�QaQ �� z 9 ao$� 3Z a cS Z w¢p zo J ~ii H d' cNV �'iis O m J J 9t-i iitl18u31M L.LJ avow souoemn > = O Q awu t�wrna- uaen�r ZUZZ= o C) O W o a a a o 0 iaVOY NMMl 3J.lilaada i � Lr'S1'n�l�ul�`1w 1IVYRIWVI a W z o VI ;�,— aJ. U LU tL x {i W W O Q ~ OZa° 'oiMo Z J �a UA z2$O A J~ Q O O w C .. D a o w J ZOO a Y n ® Z .. 0:z La 4 �¢ � �W < ;�a O.... �rIQ O d 3: C7�� uj YYII�� 0)II7 m Z 0 i� i4i 2 Q�z i o z .N.. O o� hg Z4 Op O w �g * a ¢W z z m O = J ~ y2�2g N gzO O ¢ U zz0 N f ex cr W S O N m H � (a J: F: w O' W,y > w z 1_- J � Q a~a w U x b U w J ° a Q l r ° z I o€ a� u >`a C'W Ct� i0'W W�QaQ �� z 9 ao$� 3Z a cS Z w¢p zo J ~ii H d' cNV �'iis O m 0.! Ell, Jj >i >B U� #C z � .8 7� Q W J-1 9t-i iitl18u31M avow souoemn awu t�wrna- uaen�r W uj F- g Ocn a a o iaVOY NMMl 3J.lilaada i � Lr'S1'n�l�ul�`1w 1IVYRIWVI a ; 0.! Ell, Jj >i >B U� #C z � .8 7� Q W J-1 0/ NUNNER Engineering & owner Representative Services October 21, 2013 L )--c) ' 3 Re: Variance Petition for Banyan Woods replacement wall not to exceed 10' The following information is provided: 1. Completed application (revised) (15 copies) 2. Co copies) plus one 81/2 x 1 I copy 3. Completed Owner Affidavits (updated) 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 n 239.404.0732 jnunner @comcast.net fir CAMnty COLLIER COUNTY GOVERNMENT 28c NORTH HORSESNOE.GAWE GROWTH MANAGEMENT DlVtStON/ MAKES, FtO.RiliA 34104 PLA14NING AND REGULATION 239) 252 -2400 FAX 1239):252-6158 wwwvmiit ay.-n AFFIDAVIT W 0013 *1+04 t:: -^j t�t-.4 r": f 4. 6-'60(&y W. ,t, _ being first duly sworn, depose..and say #Kit we /l om /w* the owners of properly described herein and which is the seiNW matter of the proposed hearing, that all the answers to the questions in this application, indudmg Jhe d0doso a of interest kffWn afiop, all aketchrs, data, and other supphneerdary matter attached to and mode a part of this applioation, are honest and true to the best of our knowledge and belief. We/) understand. that the information requested on this application mast be complete and accurate oied That the content of this form, whether computer ,generated or County ,printed shalt not be altered: Public hearings will not be advertised until this duplication is- deetned complete, and all required information has been submitted, Nunrter, LLG; .leffreyA. AM: As property owner Wep further °authorize our / epreaenkrlire in ony matters regardng this Petition. Signature of r Owner Ow 7yped or Pri to d Name of Owner Typed or Pri4d Name of Owner 01 Ar The foregoing instrument was acknowledged before me th, day of jD:: 1as • 20 by 1(,1 t lA ` _ ( 5Gi whois personally known to me or has produced as J'1 �- identification. Ll State of Florida (S 0rxnWre of Notary Public - State of Florida) County of Collier JANET HOWARD o a f * * MY COMMISSION t FF 011888 (Print, Type, or Stamp Commissioned Name of Notary Public) EXPIRES: June 5, 2017 �''roF rLd�t Bonded Thtu Buort No:iry Berrkes $5012010 c,N 0 NUNNER Engineering & Owner Representative Services / ` 7 �,� ,,l t I October 21, 2013 L 13 6t > U 1 `T 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 1 I 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 jnumer @wmcast.net Exhibit A October, 2013 II 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 Nunner, LLC 81 13 Lowbank Dr. Naples, FL 34109 239.404.0732 jnunner @comcast.net NUNNER Engineering & Owner Representative Services October 21, 2013 e L D-6 � � at>� -1 Re: Variance Petition for Banyan Woods replacement wall not to exceed 10' The following information is provided: 1. Completed application (revised) (15 copies) 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 C6. Cover letter (15 copies Sample letter to adjacent property owners 8113 Lowbank Drive Naples, Florida 34109 239.404.0732 inunner @comcast.net UV C q..' U\ NUNNER 40 Engineering & Owner Representative Services October 12, 201 Collier County Government Michael Sawyer 2800 N. Horseshoe Drive Naples, Florida 34104 RE: PL20130000745, Variance Banyan Woods Dear Mr. Sawyer: Please see below responses to your comments in letter dated August 7, 2013. Your comments are shown with responses below: Rejected Review: Graphics - GIS Review Reviewed By: Mariam Ocheltree Legal description doesn't match site plan Additional Comments: Written legal description and acreage is for entire PUD. The folio number submitted on the application is only for the parcel which the wall is located. The written legal should be for that parcel. Response: Please see enclosed exhibit A with legal descriptions and areas of subject locations. Miscellaneous Corrections Additional Comments: Please update the acres on the application. Response: Revised application includes updated folio numbers and areas. Rejected Review: Zoning Review Reviewed By: Michael Sawyer Miscellaneous Corrections Additional Comments: Rev. 1: Please provide a conceptual master plan showing 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. 8113 Lowbank Drive Naples, Florida 34109 239.404.0732 jnunner@comcast.net NUNNER Page 2 of 2 Response: Revised conceptual master plan is provided and updated as requested. Rejected Review: County Attorney Review Reviewed By: 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. l: On the affidavit, it needs to state Gary T Crisci 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.l: 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 (15copies) 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. q ce re l Nunner, PE Cc: Banyan Woods HOA 40 C� /--, NUNNER 10 Engineering & Owner Representative Services October 21, 2013 eL D-6 I 3 V L�� 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) ample letter to adjacent property wo n 8113 Lowbank Drive Naples, Florida 34109 239.404.0732 jnunner @comcast.net 1-2 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 Toning 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 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 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 1 -23 -14 HEX BDE— PL20130001439 TEREZI Teresa L. Cannon From: Reischl, Fred Sent: Friday, December 20, 2013 4:47 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Wells, Laura Subject: Ad Request BD- PL20130001439 Terezi BD Attachments: NDN Ad Terezi BD.docx; BDPL131439(2X3).pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks & Merry Christmas! Fred Reischl, AICP Senior Planner Planning & Zoning Department Phone: 239 - 252 -4211 Fax: 239 - 252 -2834 Under i, . e r lail ;laddrf,.,sas ire; oub.rc, rs.,e.r;is. if you do not „_an: yo;Ar e m ap i add ms r..!raased es t'- . ou" -ic � . , r I � e wf�r. me mail to this entity, > ecau, Co L ct EYri� fife tyfeEaptf�� r� U; r� "v! �ti r �_ 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Friday, December 20, 2013 4:56 PM To: Reischl, Fred Cc: Ashton, Heidi; Minutes and Records; Neet, Virginia Subject: FW: Ad Request BD- PL20130001439 Terezi BD Attachments: NDN Ad Terezi BD.docx; BDPL131439(2X3).pdf "• I cannot confirm the ad's correctness at this time. Heidi is out today and hasn't yet reviewed the titles in Report Manager. I will be out until 1/2114 and will not be able to follow up on the ads during that time. Please copy Heidi and Dinny Neet on all emails regarding items to be advertised for the 1/23/14 HEX hearings. Thanks! Heidi, Please review the attached ad and provide approval for publishing. Thanks. Wanda Rodriguez, ,ACP .i1.d�ancec� Certified f'ix:ra(ef�al Office of the County - Attorney (239) 252-8400 From: ReischlFred Sent: Friday, December 20, 2013 4:47 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; WellsLaura Subject: Ad Request BD- PL20130001439 Terezi BD Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks & Merry Christmas! Fred Reischl, AICP Senior Planner Planning & Zoning Department Phone: 239 - 252 -4211 Fax: 239 - 252 -2834 1 December 20, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 3, 2014, and furnish proof of publication to the attention of Fred Reischl, Senior Planner, in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: Planning & Zoning Zoning Services Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's meeting room (Room 609/610) at 2800 North Horseshoe Drive, Naples, Florida 34104 to consider: PETITION NO. BDE- PL20130001439 — 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida LEE COUNTY BONITA BEACH ROAD SOOT PROJECT (C.R. 865) BEACH CONDO LOCATION BONITA SHORES 5 LELY ^i BAREi00T BEACH p "c A10 Bq �lti LEE COUNTY C "A1 CUIB - NAPOLI NLLACE -ALIBu� CLUB STERLING 0. BAY OAKS % B FOREST OC 9 7W0 10 T A O WATEROLAOES THE LAKES RETREAT PLAZA Q" 4' p a' BROOK J. 01ME�BA ARBOR TRACE MLLAGE PLACE BANS ME Acct #076397 December 23, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BDE- PL20130001439 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, January 3, 2014 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500146717 December 23, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, January 3, 2014, and send the proof(s) of publication to the Minutes & Records Department, 3299 Tamiami Trail East Suite #401, Naples, Florida, 34112. The advertisement must be a 1/4 pate advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section PURCHASE ORDER NUMBER: #4500146717 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. BDE- PL20130001439 — 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida LEE COUNTY B BEACH ROAD LELY BAREFOOT PROJECT (C.R. 865) BEACH � D CONDO LO C AT I 0 N E • HICK _ BAY BONITA SHORES 5 D LELY BAREFOOT w > _ BEACH CD AUDUBON b i LEE COUNTY C-► COUNTRY m LL CLUB � wo z > AUDUBON VILLAGE COUNTRY CLUB STERLING BAY OAKS 8 FOREST 9 10 `b�-� CZ THE TWO LAKES 4 � O WATERGLADES RETREAT PLAZA V GLEN EDEN MEADOW Q)' J ON THE BAY BROOK ES T O ARBOR TRACE VILLAGE PLACE VETERANS MEMCFRIAL D. Ann P. Jennejohn To: legals @naplesnews.com Subject: BDE-PL20130001439 Display Attachments: BDE-PL20130001439.doc; BDE-PL20130001439.doc; BDE-PL20130001439.pdf Good Morning, Please advertise the attached (w/Map) on Friday, January 3, 2014. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. BDE-PL20130001439 — 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. LEE COUNTY � \\BONITA BEACH ROAD LELY BAREFOOT PROJECT (C.R 865) CONDO C r„. LOCATION MILK.: BAY BONITA SHORES 5 LELY BAREFOOT BEACH C VI A,OUBON LEE COUNTY ,.�ir CLUB � o � VILL Il a AGE CLUB STERLING gqy OAKS 1W1 8 FOREST �iI g 10 ro�THE LAKES Q..WATERGLADES I. PLAZA Ili RETREAT M A.OW a GLEN EDEN 1 BROOK _`1 ON THE BAY `in ARBOR TRACE VILLAGE PLACE _=�I. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No.231150788 January 3,2014 Martha S. Vergara From: Ashton, Heidi Sent: Monday, December 30, 2013 11:06 AM To: Martha S. Vergara; Reischl, Fred; Neet, Virginia; Bellows, Ray; Bosi, Michael Subject: RE: BDE- PL20130001439 TEREZI BIDE (HEX Mtg) Martha, This is good to go. Thank you. 'Wez4 444b* - eel -6 Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: Martha S. Vergara [ma i Ito: Martha .Verg -araQd)collierclerk.com] Sent: Monday, December 30, 2013 9:50 AM To: ReischlFred; NeetVirginia; AshtonHeidi; BellowsRay; BosiMichael Subject: BDE- PL20130001439 TEREZI BDE (HEX Mtg) Everyone, Attached is the NDN proof, please let me know of any changes ASAP, as Ann is out until next week. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Debt. Clerk of the Circuit Court & Value .Adjustment .Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E- mail: martha.vergara a.collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Martha S. Vergara From: Reischl, Fred Sent: Monday, December 30, 2013 9:50 AM To: Martha S. Vergara Subject: Out of Office: BDE- PL20130001439 TEREZI BDE (HEX Mtg) I will be back in the office on Monday, December 30th. Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Public State of Florida Counties of Collier and Lee Before the undersigned they serve appeared Robin Calabrese, who on Advertising Director of the Naples I newspaper published at Naples, it distributed in Collier and Lee coon attached copy of the advertising, bf PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 on January 3, 2014. Affiant further says that the said 1 published at Naples, in said Collier newspaper has heretofore been cone. County, Florida; distributed in Colli each day and has been entered as see office in Naples, in said Collier Cou year next preceding the first public, advertisement; and affiant further sa promised any person, firm or corpor commission or refund for the purpo,, publication iiAe�sa iewspaper. (Signature of affrant) NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. BDE- PL20130001439 — 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner' with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. SwAa to and s scribe before me i T 9Mark Strain 9th day of rar 20 14 Hearing Examiner Collier County, Florida (Signature of notary public) No. 231150788 January 3 2014 CAROL POLIDORq •: MY COMMISSION EE 851758 EXPIRS. Nove 58 E mLerz8,2014 Bonded Thro P"hard lnaura nce Agency HEX NO. 2014 — 03 HEARING EXAMINER DECISION PETITION NO. BDE- PL20130001439 — 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. DATE OF HEARING: January 23, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.03.06 of the Land Development Code has been met and the petition should be approved. ANALYSIS: The applicant met 4 out of the 5 primary criteria, primary criteria #2 for water depth was not one of the reasons for this request, and was not met. The applicant met 5 out of the 6 secondary criteria with secondary criteria #6 not being met since it was not applicable to this application. The applicant verified that a mangrove trimming permit has been issued. The staff report includes a folio number that is in error, the correct folio number for this property is 23095000306. During the review it was discovered that the applicant's request for this extension was not from the most restrictive landward point. The applicant provided a measurement from top of bank that was greater than what was requested for the extension, believing that the measurement for the actual extension was required to be from mean high water. The difference is 2.4 feet. The applicant stated they can accept an extension from the more restrictive starting point as required by code and their boat dock extension request will remain at 50.9 feet. Corrective documentation verifying this new measurement is attached as Exhibits A & B. DECISION: The Hearing Examiner hereby approves Petition Number BDE- PL20130001439, filed by David Turley of ADK Permitting Solutions, LLC on behalf of Romeo and Adriana Terezi, 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, for a docking facility that will accommodate 2 boat slips with boatlifts as shown on the Proposed Site Plan attached as Exhibit "A" and the Cross Section Plan attached as Exhibit `B ", on the property described herein. 1 of 2 ATTACHMENTS: Exhibit A — Proposed Site Plan Exhibit B — Cross Section Plan LEGAL DESCRIPTION: Lot 3, Bayfront Gardens, according to the plat thereof recorded in Plat Book 14, Pages 114 through 117, of the Public Records of Collier County, Florida. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013 -25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 2 -3 -I Date CP \l 3- CPS - 01259 \8 2 of 2 k C'U� - Mar Strain, Hearing Examiner Appr ed as to form and legality: �di 7 Wo'W - i dk o Managing Assistant County Attorney O N II ■ U lij .{ E Y\\Cko =¢O F- (o w o O 3 s d O w ° ¢ O N 'Yj Q� 7s LLJ Q m = ) L �C.0 tai> ap Y L iY da m Z Y J Z � lq x Oro 4 rl rj Q m$ m N rw <L w O r Y X00 \O,�ti0 Exbibit A Page _ 1 _ of „u r w 6�� w Z Z N \ w o w luw 12 W w i��Fws m ¢ E 0 21 Y < \ ¢ u 0. pu Ix Fo ^p xm z 0. `m xi y L Exbibit A Page _ 1 _ of „u r w 6�� Y aNY hm J Old w Exbibit A Page _ 1 _ of „u \ 4 2 \\ i s \ S r0�i O Q W N 1 }� t� v gP� E N\G�oR� Imo Woo J d 0 o °W O F- J J L J �Z3 wi Q Co U in 0 m a 1 \ IAJ z z J z a cy- Q a_ r� a a 00 F� �W E-a° cn . zx oa. a. Z as zW a F w A z 0 UJ z w ca x 0 a Ezhlblt A Page —j�,of,ij-- Exhibit B 18A N Friday,January 3,2014 N NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE I NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.on Thursday,January 23,2014 in the Hearing Examiner's Meeting Room (Room 609/610)at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. BDE-PL20130001439 - 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. LEE COUNTY BONITA BEACH ROAD LELY „��.- PROJECT CR.865) BAREFOOT \�I- D� CONDO C �L//1��r LOCATION i �HICN.� BD 4 SHORES t 5 RELY BAREFOOT o K N BEACH � C, 11 AUDUBON LEE COUNTY t'' _r��ir CWB-w , ��AUDUBON NLLAGE ^�1 DCLUBY STERLING 4,:ilk- BAY . OAKS r. Oki B FOREST B Tp C•1 �` THE MS U n ' WATEROLADES RETREAT PLAZA (`!'.ARBOR TRACE _"-,— All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record evidence e upon which whi hr the appeal is s which based.the testimony and p If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida January 3.2014 m EXHIBIT No.231150788 `c $ 4 1/a 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, Bayfront Gardens. The folio number is 230905000306 (please see location map on the following 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. EXHIBIT BD-PL20130001439 Page 1 of 8 Terezi Boat Dock Extension. FIC77-14 1 LEE COUNTY - - -- PROJECT m°• Loo ATION aen gg L� LEE COUNTY �evoi � m, "T9i s w n 1 ML � e 8 n mw: ww ; � i s c Ir— on I a \ l III tI. Oxe) e • ar y �,x PUD BAREF r erwa ff I I Som .. e� ce A LOCATION MAP ZONING MAP PETITION #BU -PL- 2013 -1439 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single- family house under construction, zoned PUD (Lely Barefoot Beach) SURROUNDING: North: Single - family house with a boat dock, zoned PUD East: Little Hickory Bay, across which are single- family houses, zoned PUD South: Single - family house with a boat dock, zoned PUD West: Barefoot Beach Boulevard, across which are single - family houses, zoned PUD Aerial of subject property (CCPA) Bird's eye view of subject property (Bing) BD- PL20130001439 Page 3 of 8 Terezi Boat Dock Extension. 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 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- PL20130001439 Page 4 of 8 Terezi Boat Dock Extension. it 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 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. 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 Terezi 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)(I1) of this Code. (If applicable, compliance with section 5.03.06(E)(11) 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 filed 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. 1 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: FRED kE SCHL, AICP, SENIOR PLANNER DATE PLANNING &ZONING DEPARTMENT REVIEWED BY: RAY 4 iND V. BELLOWS, ZONING MANAGER DATE PLA: ING &ZONING DEPARTMENT APPROVED BY: Li MIKE BOSI, AICP, DIRECTOR DATE PLANNING& ZONING DEPARTMENT BD-PL20130001439 Page 8 of 8 Terezi Boat Dock Extension. Costlier Count y Ck 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 E -MAIL rterezi @aol.com NAME OF AGENT David Turley FIRM ADK Permitting Solutions, LLC ADDRESS PO Box 111385 CELL # (239) 450 -3088 FAX # CITY Naples STATE TELEPHONE # (239) 273 -9846 CELL # E-MAIL d.tudey07 @gmaii.com Florida Zip 34108 FAX # BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION CAA County UV 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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 Lots) 3 Block(s) Current Zoning and Land use of Subject Property PUD / Single Family Residence ADJACENT ZONING AND LAND USE 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 sa. ft. single family dock with a 4' wide access walkwav through the manaroves to a 6'x 38' dock. parallel to the bank with 2 slips w/ 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 surrey 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). 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 sa. ft. single family dock with a 4' wide access walkwav through the manaroves to a 6'x 38' dock. parallel to the bank with 2 slips w/ 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 surrey 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). woo COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co *.r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net 16-3 I SITE INFORMATION I Width of waterway: 275 ft.; Measurement from ❑ 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 adiacent 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? ❑ 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. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co *r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PRIMARY CRITERIA 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 adiacent dock to the north and has a 17 -foot setback or a distance of approximately 100 +/- feet from the dock to the south and should not interfere with the use of the docks. i UQ� V' Co *,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 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 canopv extends 15+ feet water ward of the roots. Minimal trimming is allowed within the footprint of the dock as per section 403.93260)(a), F.S. (please refer to 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 moorina of two vessels, maintenance and limited recreational use. such as kayak/canoe launching and retrieval, could not be achieved without this dock design. 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 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 of vessels combined is 19.083 feet (23.9 + / -%). 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.)) The height of the mangroves 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 provided by Turrell, Hall & Associates) 6. Whether or not 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.ii must be demonstrated)) This facility is not subject to the requirements of this code. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Corr County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net 0 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 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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 W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF SUBMITTED NOT COPIES REQUIRED Completed Application 6 Owner /Agent Affidavits, signed & notarized 1 Addressing Checklist 1 0 ❑ Conceptual Site Plan illustrating the following: 6 X 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 X 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. CAA 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 WeAlL-"P ing first duly swom, depose and say that weA 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 WeA further authorize I.::)A to act as our /my representative in any ma rs arding this Petition. Signature of Property Owner Sig ature of Property Owner A?o il I e-'t� Typed or Printed Name of Owner Typed or Printed Name of Owner The ,f�oreegoing instrument was acknowledged before me this %�' x day of kt8 20J by ril7iliGG ,;+ 1,�f �rr'tr who is personally k wn to me or has produced as identification. State of Florida County of Collier wamw 'm #E e.2 M TruTwyFaaYaa�oe99B3657019 '(Signature of Notary Public - State of Flom) '- )h�1�1�rl�(� (Print, Type, or Stamp Commission Name of Notary Public) Al-. Co *r County ck) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 2525724 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 processing. 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) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ® BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Camival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (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 maybe 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 unplatted 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 Count y CV 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 e)isting) Please Check One: ❑ Checklist is to be Faxed back ❑ 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. FOR STAFF USE ONLY FLN Number (Primary) Folio Number Folio Number Folio Number Approved by: Date:�� Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED N 4-+ O it a a� 0 CL d o d E `o m m CL oxi y A c W 3 0 c c 0 0 c m m CL �o m W t5 . C7 o cc E Lx £ c 0I of � O Ed n� Oy E.2 8 N U d$ A l0 CLa Q CL 0 a` c 0 0 U d 0 U ar L_ L>N N A* e G O. 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III -III °= W .6 I ° >W� 8 I W °o m Lli J Q Q Z I "i °2 i L (D oZ L� LLo X w I S CL LL Y `V 0 0 z � m M W N W Z Q N a fA Z 3 0 F M O z 0 0 W N >W� 8 m - Ja� LLo I =1 o: ! 0►_ =1!1 =I _mom W ago —�t� I M I I II -1 m 1 �1 s , S Ak 4 0E`O✓p E �N ;E E 48.25 06 BAYFRONT GARDENS, _ b =s LELY BAREFOOT BEACH,UNIT 1 �tA.- ffiD r ' t • TEREZI RESIDENCE 224 BAREFOOT BEACH BLVD SUBMERGED RESOURCE SURVEY AUGUST 8,2013 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 TEREZI 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 4-12 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 (Garmin Model 76csx). Page 1 of 3 TEREzi RESIDENCE, LOT 3 r � 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 RESIDENCE, 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. Page 3 of 3 Subject Property Mangrove Shoreline Looking East across Little Hickory Bay from Property Shoreline U10 Proposed access walkway location minor mangrove trimming will be required Observed bottom sediment with oyster and shell debris ;� � � -a w .� J - � . � v' .` � i" <`` ti �' � _. _� i� £ '' . , .,_ ti �� '� " .�. �• .. �.r � _ `�; l3 � . ; 1 �� . } .. Oyster shelUdebris I'M N ass- Q W zo f Fil LU co _ a 1= t 3 M - t III _r�e�� m o O O Q r rc o 0 W u- > �J �= III I g a N =° �gw a w J �m ovv�� N Q a a= w co <w = U co = �Om - - z I, m <6 i1 O �� - - 0 ` Z �� f U) om 1111 Q o U) MOU 05 LU o —I I —I I —I `I . Lo o U�l~ — — — w - I� C U � M III —I I —I I —I I I �u �N Y —II— III —II -o� I —I I I —I I I -1 I 1=1 I I— e 00QM FI li I Ii I i I i I I =1 m Y. \H9nONBrt11GHGLl UVVKIItHF11 UUI:K.�Ky JtVIIVN 61H 101J View of dock site from 222 Barefoot Beach Blvd View of dock site from 226 Barefoot Beach Blvd P� SV— PL20130000387 LELY 1-23-14 HEX APARTMENTS Teresa L. Cannon From: Reischl, Fred Sent: Friday, December 20, 2013 4:55 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Wells, Laura Subject: Ad Request SV- PL20130000387 Aster SV Attachments: NDN Ad Aster SV.docx; Ad Map (2x3).pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks and Merry Christmas! Fred Reischl, AICP Senior Planner Planning & Zoning Department Phone: 239 - 252 -4211 Fax: 239 - 252 -2834 under Ronda Law, e mai addresses are pubic records. If you do not want your e ma .1 a=ddress re eased in ,espoosa to a pubic 'ecords req iG t ci, rant : -nd wiec °run :c r n ail to tb s entity. instead, co }:act this o"1=,e by teiepbor le or if writing Ann P. Jennejohn From: Ashton, Heidi Sent: Monday, December 23, 2013 9:26 AM To: Rodriguez, Wanda; Reischl, Fred Cc: Neet, Virginia; Minutes and Records Subject: RE: Ad Request SV- PL20130000387 Aster SV This ad is correct. Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: RodriguezWanda Sent: Friday, December 20, 2013 4:57 PM To: ReischlFred; AshtonHeidi Cc: NeetVirginia; Minutes and Records Subject: FW: Ad Request SV- PL20130000387 Aster SV Fred, I cannot confirm the ad's correctness at this time. Per my previous email, please copy Heidi and Dinny Neet on all emails regarding items to be advertised for the 1123114 HEX hearings. Thanks! Heidi, Please review the attached ad and provide approval for publishing. Thanks. IVandu'Rodriguez, .;MCP - A dvannced Certi fied. Para.CegaC Office of the County .r U07 -11e y (2: )) 252 -8400 From: ReischlFred Sent: Friday, December 20, 2013 4:55 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; WellsLaura Subject: Ad Request SV- PL20130000387 Aster SV Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks and Merry Christmas! December 20, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 3, 2014, and furnish proof of publication to the attention of Fred Reischl, Senior Planner, in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: Planning & Zoning Zoning Services Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's meeting room (Room 609/610) at 2800 North Horseshoe Drive, Naples, Florida 34104 to consider: PETITION NO. SV- PL20130000387 - Lely Apartments, LLC requests a variance from Section 5.06.03.13 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida R RA 5 AK�AMMOCK RD (C SA HACIENDA LAKES MEWS Ca11ER RECKRML (DRI) COLLEGEWOOD MEDICAL CENTER COLLEGE 23 24 PARK 22 ESE PROJECT LELY. LOCATION A RESORT COMMUNITY (DRI) SABAL PALM ROAD K 27 Om d 26 25 U HACIENDA LAKES W CYPRESS (DRI) (DRI) O U Acct #076397 December 23, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: SV- PL20130000387 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, January 3, 2014 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500146717 December 23, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, January 3, 2014, and send the proof(s) 'of publication to the Minutes & Records Department, 3299 Tamiami Trail East Suite #401, Naples, Florida, 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section PURCHASE ORDER NUMBER: #4500146717 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. SV- PL20130000387 - Lely Apartments, LLC requests a variance from Section 5.06.03.13 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida RA T S AKE HAMMOCK RD (C 4 SIERRA EDISON VILLAGE HACIENDA LAKES MEADOWS COLLIER (DRI) REGIONAL COLLEGEWOOD MEDICAL CENTER COLLEGE 23 24 PARK 22 ROCKEDGE PROJECT LELY, LOCATION A RESORT COMMUNITY (DRI) SABAL PALM ROAD 0 Q w 27 J 0 Lo °' 26 25 m U WINDING HACIENDA LAKES w_ CYPRESS (DRI) J (DRI) J 0 U Ann P. Jennejohn To: legals @naplesnews.com Subject: SV-PL20130000387 Display Attachments: SV-PL20130000387.doc; SV-PL20130000387.doc; SV-PL20130000387.pdf Good Morning, Please advertise the attached notice (w/Map) on Friday, January 3, 2014. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, December 26, 2013 10:24 AM To: Ann P.Jennejohn Subject: #231150784 - BCC Zoning Dept (Lely) Proof.010314 Attachments: NDN231150784.BCC Zoning.LelyProof.010314.pdf Importance: High Ann, Please provide approval ASAP for publication on 01.03.14. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. SV- PL20130000387 - Lely Apartments, LLC requests a variance from Section 5.06.03.13 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. S AKE HAMMOCK RD 4 SIERRA EDISON MEADOWS `ALLAGE rC.LLEGEWOOD Cp1 E,R REGIONAL HACIENDA LAKES (DRI) M-.- CEN ER COLLEGE 23 24 PARK 22 ROCKEDGE PROJECT LELY, LOCATION A RESORT COMMUNITY (DRI) SABAL PALM ROAD w J 27 p v, ° 26 25 m o U VANDING HACIENDA LAKES W S (DRI) J (DRI) U U All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No. 231150784 January 3. 2014 Ann P. Jennejohn From: Neet, Virginia Sent: Friday, December 27, 2013 3:24 PM To: Ann P. Jennejohn Subject: FW: Ad Request SV- PL20130000387 Aster SV Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 ., .. , Ur e. 4 ;,, iha a °x , e mai addre.sra,., nre p- Mc r .,lords. if you do no', want your e -mail addfess address redeased in rcespo me to a puh.ic reror,9_ rf,rq w,;,t. ar, not send ,c,(J sn r., nail to tla s entity. nstead, (; smart this o fic , by tr_iephone or in kvritir g. From: AshtonHeidi Sent: Monday, December 23, 2013 9:26 AM To: RodriguezWanda; ReischlFred Cc: NeetVirginia; Minutes and Records Subject: RE: Ad Request SV- PL20130000387 Aster SV This ad is correct. ',lfecdi r�e<ctos -�� Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: RodriguezWanda Sent: Friday, December 20, 2013 4:57 PM To: ReischlFred; AshtonHeidi Cc: NeetVirginia; Minutes and Records Subject: FW: Ad Request SV- PL20130000387 Aster SV I cannot confirm the ad's correctness at this time. Per my previous email, please copy Heidi and Dinny Neet on all emails regarding items to be advertised for the 1/23114 HEX hearings. Thanks! Heidi, Please review the attached ad and provide approval for publishing. Thanks. ti1'anc�a finc�ri�7uizz, .:4(:'T dvan.cedCer- tifiec, ParaCe ,ya.0 Ann P. Jennejohn From: Reischl, Fred Sent: Monday, December 30, 2013 7:57 AM To: Ann P.Jennejohn; Neet, Virginia; Rodriguez, Wanda Subject: RE: #231150784 - BCC Zoning Dept (Lely) Proof.010314 Ann- It looks good to me, as long as we get the OK from the County Attorney's Office... -Fred From: Ann P. Jennejohn [mailto:Ann.Jennejohn(acollierclerk.com] Sent: Thursday, December 26, 2013 11:17 AM To: ReischlFred; NeetVirginia; RodriguezWanda Subject: FW: #231150784 - BCC Zoning Dept (Lely) Proof.010314 Importance: High Good Morning, Please review the attached legal (display) notice for 5V2O130O00387 (Lely sign variance) that will be advertised Friday, January 3rd for a January 23rd, 2014 HEX Hearing. Please send your approval or comments a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Polidora, Carol [mailto:cDolidora@nai lesnews.com] Sent: Thursday, December 26, 2013 10:24 AM To: Ann P. Jennejohn Subject: #231150784 - BCC Zoning Dept (Lely) Proof.010314 Importance: High Ann, Please provide approval ASAP for publication on 01.03.14. THANKS! 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, December 27, 2013 3:44 PM To: 'Polidora, Carol' Cc: Panciera, Angela (AMPanciera @Naplesnews.com) Subject: RE:#231150784 - BCC Zoning Dept (Lely) Proof.010314 Looks great, please publish 231150784 on January 3rd, 2014 Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Thursday, December 26, 2013 10:24 AM To: Ann P. Jennejohn Subject: #231150784 - BCC Zoning Dept (Lely) Proof.010314 Importance: High Ann, Please provide approval ASAP for publication on 01.03.14. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com ndnadvertising.com Read. Learn. Share. How may we help you? Call us at(239) 213-6000 1 Martha S. Vergara From: Neet, Virginia Sent: Monday, December 30, 2013 2:05 PM To: Martha S.Vergara Subject: FW:Astor at Lely Resort - SV-PL20130000387 - HEX meeting on Jan 23rd Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239)252-8066 - Fax (239) 252-6600 Under Florida I aw,r;rna. addresses are public records.It you do not want your e-rnaii address re'eased in response to a public records request do not send electronic mail to ibis ent,y.Instead,contact this office by telephone or in writing. From: AshtonHeidi Sent: Monday, December 30, 2013 1:40 PM To: BonhamGail Cc: NeetVirginia Subject: RE: Astor at Lely Resort - SV-PL20130000387 - HEX meeting on Jan 23rd Yes. Report manager needs to be changed to 5.06.02.B. Good catch! We need to make sure the ad runs with the correct cite. 'Wade Alittag-e' Heidi Ashton-Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: BonhamGail Sent: Monday, December 30, 2013 1:36 PM To: AshtonHeidi Subject: Astor at Lely Resort - SV-PL20130000387 - HEX meeting on Jan 23rd Heidi, attached is the title as it appears in CP. Originally, the title stated ".... request a variance from Section 5:06.3.6 of the LDC." The title was revised on 9/25/13 to state Section 5.06.02:6 of the LDC and the staff report states the same. The title in Report Manager still states 5.06.03.B of the LDC, as in the original title. Should this be changed in Report Manager or does it make any difference as long as the decision and the staff report state Section 5.06.02.B? fev PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M. on Thursday, January 23,2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. SV-PL20130000387 - Lely Apartments, LLC requests a variance from Section 5.06.02.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. RA AKE HAMMOCK RD (C� �MEADOWS VILLAGE HACIENDA LAKES R OEDNAL AL (DRI) COLLEGEWOOD MIC CENTER COLLEGE 23 24 PARK i I 22 ROCKEDGE H I PROJECT LELY, LOCATION A RESORT COMMUNITY (DRI) SABAL PALM ROAD 27 m 26 25 w U CYNDESS HACIENDA LAKES 3 (DRI) (DRI) J O U All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No.231150784 January 3.2014 Martha S. Vergara From: Ashton, Heidi Sent: Monday, December 30, 2013 5:02 PM To: Martha S. Vergara; Neet, Virginia Subject: RE: SV- PL20130000387 - REVISED Lely Apartments (HEX) This looks good. It has the corrected citation. Thanks. gea4 ,4d4 a - 6zko Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: Martha S. Vergara [ma i Ito: Ma rtha.Verga ra 0)col I ierclerk. com] Sent: Monday, December 30, 2013 3:01 PM To: AshtonHeidi; NeetVirginia Subject: SV- PL20130000387 - REVISED Lely Apartments (HEX) Importance: High Ladies, Attached, let me know if there is anything else Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing help deskCakollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. l,ndff 4-4;3 da I. aw, e maiI addros. >(.,,s 'tre , x O is, rzncords, If yo,u do not want yo.ar e-mal.1 address re.t ased In („P tse, tc, a puNi{, records req ar st. (Jo not .7, -,-n d e:4ectronic niaii to this entity. instead, contact this office, by telephone or in writing. NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicatil State of Florida Counties of Collier and Lee Before the undersigned they serve as 1 appeared Robin Calabrese, who on oa Advertising Director of the Naples Dai newspaper published at Naples, in C distributed in Collier and Lee counties attached copy of the advertising, bein PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 on January 3, 2014. Affiant further says that the said Nal published at Naples, in said Collier Cc newspaper has heretofore been control County, Florida; distributed in Collier each day and has been entered as seco office in Naples, in said Collier Count year next preceding the first publicatil advertisement; and affiant further says promised any person, firm or corporati commission or refund for the purpose publication inAe 5aid peyvspaper. (Signature of affiant) SW to and subs4ibed before me TYli th day of �luary, 014 // n I I _ r (Signature of notary public NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. SV- PL20130000387 - Lely Apartments, LLC requests a variance from Section 5.06.02,8 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. RA S AKE HAMMOCK RD (C SIERRA EDISON VILLAGE HACIENDA LAKES MEADOWS cDLLER RECJDNAL (DRI) COLLEGEWOOD uEDICAL CENTER COLLEGE - 23 24 PARK 22 ROO(EDGE PROJECT LELY, LOCATION A RESORT COMMUNITY (DRI) SABAL PALM ROAD K w 27 m 26 25 O HACIENDA LAKES w CYPRESS (DRI) (DRI) O U All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No. 231150784 January 3. 2014 CAROL POLIDORA _ My COMMISSION EE 851758 _;;•, ' ' EXPIRES: November 28, 2014 '•np„ °,P `` Bonded Thru Plchard Insurance Agency HEX NO. 2014 — 04 HEARING EXAMINER DECISION PETITION NO. SV- PL20130000387 — Aster Lely Apartments, LLC requests a variance from Section 5.06.02.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. DATE OF HEARING: January 23, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.06.08 B of the Land Development Code has been met and the petition should be approved. ANALYSIS: This application is for changes to a sign that was previously approved by Sign Variance Resolution 98 -26. The applicant requests a change in the sign copy (currently limited to "Edison State College ") with the addition of the name of the applicant's on -site residential community. It was discovered that an easement from the property owner was never provided to allow the original sign variance to be implemented although the sign was previously constructed. The applicant's request will not exceed the maximum square feet of copy area or the maximum height as allowed by the original sign variance for this double faced sign. DECISION: The Hearing Examiner hereby approves Petition Number SV- PL20130000387 filed by Alexis V. Crispo of Waldrop Engineering, P.A. on behalf of Aster Lely Apartments, LLC with respect to the property located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, and more particularly described in Exhibit A (attached), for a variance from the following requirements: (1) From Section 5.06.02.13.6 to allow the replacement of the existing offsite monument sign that displays the name Edison State College to allow for a shared monument sign, offsite for Edison State College and onsite for applicant. The shared monument sign is a third onsite sign in addition to the two permanent ground signs at the entrance to the Lely community; 1 of 2 (2) From Section 5.06.02 to allow offsite signage for Edison State College on applicant's property; and (3) From Section 5.06.02.13.6 to allow up to 35 square feet of combined copy area on the shared monument sign; as shown on the Site Plan attached as Exhibit B, and subject to the condition(s) set forth below. Further, the Hearing Examiner acknowledges that the existing variance under Resolution 98 -26 to allow a 15 -foot monument sign shall apply to the shared monument sign. ATTACHMENTS: Exhibit A — legal description Exhibit B — Site Plan LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. An easement for the sign will be recorded within 30 -days of this decision. 2. It is anticipated that Edison State College may change their name and this sign variance includes any future name change related to Edison State College. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013 -25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. t - 2'1 `10 Ima Date -Marl Strain, Hearing Examiner 13- CPS - 01233/19 2 of 2 Apas to form and legality: (Ao- 4 on -C icko Managing Assistant County Attorney LEGAL DESCRIPTION BEING A PORTION OF TRACT "D ", LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH A PORTION OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY MOST CORNER OF LELY CULTURAL PARKWAY, LELY RESORT PHASE TWO; THENCE SOUTH 00 °51'50" WEST, ALONG THE EASTERLY BOUNDARY OF SAID LELY CULTURAL PARKWAY, A DISTANCE OF 146.34 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "D ", THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 00 °51'50" WEST, ALONG THE EASTERLY BOUNDARY OF SAID TRACT "D ", A DISTANCE OF 18.83 FEET; THENCE CONTINUE SOUTH 00 051'50" WEST, A DISTANCE OF 530.71 FEET; THENCE NORTH 89 008'10" WEST, A DISTANCE OF 176.41 FEET; THENCE NORTH 02 003'00" WEST, A DISTANCE OF 229.16 FEET; THENCE NORTH 78 019'00" WEST, A DISTANCE OF 158.93 FEET; THENCE SOUTH 16 035'42" EAST, A DISTANCE OF 218.93 FEET; THENCE SOUTH 61 055'33" WEST, A DISTANCE OF 201.68 FEET; THENCE NORTH 77 °51'00" WEST, A DISTANCE OF 517.56 FEET; THENCE SOUTH 76 011'00" WEST, A DISTANCE OF 354.37 FEET; THENCE NORTH 4004711 " WEST, A DISTANCE OF 651.40 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID LELY CULTURAL PARKWAY, AND A POINT ON A NON - TANGENTIAL CURVE; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE; COURSE NO. 1: EASTERLY, 342.81 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,354.86 FEET, THROUGH A CENTRAL ANGLE OF 14 029'49" AND BEING SUBTENDED BY A CORD WHICH BEARS NORTH 80 05442" EAST, 341.89 FEET; COURSE NO. 2: NORTH 88 009'37" EAST, 1,376.84 FEET TO A POINT OF CURVATURE; COURSE NO. 3: SOUTHEASTERLY, 40.45 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 92 °42'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 45 °29'17" EAST, 36.18 FEET TO THE POINT OF BEGINNING. CONTAINING 800,960 SQUARE FEET OR 18.388 ACRES, MORE OR LESS SUBJECT TO EASEMENTS RESTRICTIONS AND /OR RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE EASTERLY BOUNDARY OF LELY CULTURAL PARKWAY AS BEING SOUTH 00 051'50" WEST (ASSUMED PER PLAT) Exhibit A m X cr ME .D 0 m `v VJ Z 'Z V/ m ..• -011 11 I II II o I I II II I 11 1 it II 11 11 II I I 1 II II II I I II II II I I II II , ,I II II I I 11 II II I I 1 r II II 11 II `m I n , , 0 W „ II II II I 1 C ' 1 Z 11 II II II 1 1 D II II 11 11 I I I II 11 II II , , I 11 II II II I 1 II 11 11 ..I I I ;; tl Mtld ltM A � 1 MO i II I 1 II 11 II 1 I II II I 11 II II II I I II II II 1 1 I, II II 1 I 11 II I I I 11 II 1 11 11 II 1 I I I I II II 11 I I 3.05 m 0 A f COLLIER BOULEVARD A (C.R.951) --- -- - - - - -- 111, 1"17 • AGENDA ITEN1-4-O CO cr County 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 Lely 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 REQUESTED 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. 2 EXHIBIT Page 1 of 7 6 I 1:11.x" 3 L� I 1 ATTl.ESHAKE HAY110CK ROAD—(CR. W) r — �� r P.P : r a • 1 7 T }�. oil f� • a°�i� .rua ine.i .•.o °°Soas 11 uo I�i: T PLID •0°1°Imca :�wl •i V Or- i 11 xarz* ono to i wr yw � • �— PROJECT LOCATION an°° b i J �� D i b r ¢w � rru v A 41 a•a ewe s a� g• P m. la.°c L� I 1 ATTl.ESHAKE HAY110CK ROAD—(CR. W) • 14 I — 7 �9f 7 MPUD �. uo +a..�. i. T PLID •0°1°Imca 81TE LOCATION • '\ �� \. �. —1 TTRVC v A lar P m. RPUD LOCATION MAP ZONING MAP PETITION #SV -PL- 2013 -387 PURPOSE/DESCRIPTION OF PROJECT: The LDC 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 College, 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 LAND USE & ZONING: North: Lely Cultural Parkway ROW, across which is a bank, zoned PUD, (Edison Village PUD). East: Collier Boulevard (CR 951) ROW, across which is a hospital, zoned PUD (Collier Regional Medical Center PUD) 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); and south of the residential tract is a preserve, zoned PUD (Lely, A Resort Community PUD). West: Immediately west of the sign itself is a portion of the applicant's residential community (Aster at Lely Resort) zoned PUD (Lely, A Resort Community PUD); and west of the applicant's parcel is a site being developed as an Assisted Living Facility (Lely, A Resort Community PUD). Page 3 of 7 GROWTH MANAGEMENT PLAN (GMP) 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 addressed. 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 PUD Amendment. The number and copy-area of signs is a common deviation in PUDs. 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 information 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-PL20130000387 as requested by the Applicant. Page 6 of 7 -� PREPARED BY: FRED ISCHL, AICP, SENIOR PLANNER PLANNING & ZONING DEPARTMENT REVIEWED BY: RAYM V. BELLOWS, ZONING MANAGER PLANNING & ZONING DEPARTMENT APPROVED BY: MICHAEL BOSI, AICP, DIRECTOR PLANNING & ZONING DEPARTMENT Page 7 of 7 / -3 -IV DATE i -3 -1� DATE i-& liy DATE F Y z I I�� II II I � 1 11 II II II I V/ 1 11 '1 !I fI 1 i t 11 11 II P Z I ' 1 ii �i 11 1i I 1 I� I Mw fill it 1 1 1 II (L V 7IWAY 11 I I Q II 11 II 1 1 1111 1 111 11 I L11 � O I I 1 1 1 1 11 II 11 - 1 - 1 I II II 11 11 p 1 11 II 11 1 II y 1 11 �1 1 LL II 11 11 it C o f I; I; z m ii O i! i i1 1 1 li J ii Ii 1 III! W '1 II J u ii u 11 11 II ii {.- I un u it I l u u l 11 1 I 1 1 11 II I '1 1 I 1 II u u 11 I n a n ii I u n I n u I I I n 11 I f ....-- I 1 11 ii ii it I -_ 11 tl II 11 II 11 II 1 II 1 it 1 Cot[ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION IS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net SIGN VARIANCE PETITION LDC Section 9.04.00 PROJECT NUMBER PROJECT NAME For Staff Use DATE PROCESSED APPLICANT / OWNER INFORMATION PETITIONERS NAME: Lely Apartments, LLC 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 7Be that Coll ier County has lobbyist regulations. Guide yourself accordingly e that you are in compliance with these regulations. 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 LEGAL DESCRIPTION OF SUBJECT PROPERTY SECTION/TOWNSHIP /RANGE: 2 —,/ 5_/ 26 SUBDIVISION NAME: LELY RESORT PROPERTY I.D. # 00432960145 UNIT BLOCK LOT METES & BOUNDS DESCRIPTION: See Attached ADDRESS OF SIGN LOCATION: No Site Address -Southwest Comer of CR 951 /1-ely 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 (if Wall Sign) Width of Subject Property: Rood Frontage) 1,700 feet of frontage - Lely Cultural Parkway; 575 ft. of frontage - CR 951 NATURE OF PETITION 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 IS' 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 ColLieT 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 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 Cot Y 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 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 01MRITTAI c uvo I UnT ne ArreeTen REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED Completed Application 12 X Completed Owner /Agent Affidavit, Notarized 1 Pre - application notes /minutes 12 X Survey or Site Plan of property depicting the following: 12 a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs - (labeled as such) d) Existing sign setbacks A proposed sign setbacks Location map depicting major streets in area for 1 reference Electronic copy of all documents and plans on CDROM 2 91 El 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 informati n may result in the delay of process this petition. a) � A M . LA� I 31,13 Ap)fta^nT(Aq'qntY1Jnature Date May 25, 2012 10-N 4, V416 44 • Uj 4P--- 4 PC OL -V Pi k .' MMO) QAIG H31TIO0 I II -A,„ 0 fA- a I II -A,„ 0 May 31, 2013 UA /AL ■ f1f7Af1 r& 1Ar\■IL IrrfMEN, NAM 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 (PL20130387) Dear Mr. Reischl: On behalf of Aster Lely Apts, LLC, enclosed please find a Sign Variance Petition in regards to Aster at Lely Resort ( "Project "), a 17.5 + /- 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 Apts, LLC in March of 2013, and is currently under construction for the development of 308 -unit multi - family project per SDP # AR- 11926. To 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 logo, 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 signs, 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 be 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 LDC 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. The project has 1,700 + /- feet of frontage on Lely Cultural Parkway and 500 + /- 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 Pagel of 3 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. n 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 from 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. 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. 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 and 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 Variance Petition Page 2 of 3 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 Lely Resort" 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 corner through 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 (1) copy of the notarized affidavit of authorization; 5. Twelve (12) copies of the pre - application meeting notes; 6. One (1) copy of the approved addressing checklist; 7. Twelve (12) copies of the site plan; ^ 8. Twelve (12) copies of the aerial location map; 9. Twelve (12) copies of the proposed sign exhibit; 10. Twelve (12) copies of the previously approved Sign Variance (Resolution No. 98 -26) 11. One (1) 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, or alexiscgwaldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. xplo Alexis V. Crespo, AICP, LEED AP Principal Planner Enclosures Aster at Lely Resort Sign Variance Petition Page 3 of 3 61"" SIGN VARIANCE PETITION PRE - APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST PL# 4t3 - 4387 Date: k-1,5 Time: 9:00 Assigned Planner: FRED )��/sc,'4L. Project Name: 40 GELy t�!50 T SI'loth V,4R1,A1JCd:::: Project Addr /Location: C-E4y 2CiL7VP_,4'L_ & 0o[.- C /E,C' .BLyb Applicant Name: A-es' /S C'4' pO Phone: S- 7 7 7 7 Firm: k) P Current Zoning: #,O'CiL7 - LELy 7�ESo1ZT Owner Name: L-EL-/ A014R 1;1d5(V7 --5 LLC Owner Address: it TLfAlV 7_1q Phone: Meeting Attendees: (attach Sign In Sheet) NOTES: pp� �. �� 604e s : 0'e A i acA , .7 41 C: \Users\fredreischl\Desktop\Pre -app Forms -JUNE 2011 \SV Sign Variance Pre - Application June 2011.doc revised: 8/5/02, rev. 6/21!11 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. FEES: ® Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -opp meeting shall not be credited towards application fees and a new pre - application meeting will be required.) Review Fees: ® $2000.00 Sign Variance ® $50.00 Fire Review Fee ❑ After- The -Fact Zoning /Land se Petitions 2x the normal petition fee ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $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: n Agent/Owner Signature Date C: \Users \fredreischNDesktop\Pre -app Forms -JUNE 2011 \SV Sign Variance Pre - Application June 2011.doc revised: 8/5/02, rev. 6/21/11 # OF NOT COPIES REQUIRED REQUIRED REQUIREMENTS Completed Application (download from website for current form) 12 X Pre-Application meeting notes 12 X Completed Addressing Cheddist, Signed by Addressing Department 1 Survey or Site Plan of property depicting the following: 12 X 1 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 Cwner /Agent Affidavit signed & notarized 1 X Location map depicting major 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 -opp meeting shall not be credited towards application fees and a new pre - application meeting will be required.) Review Fees: ® $2000.00 Sign Variance ® $50.00 Fire Review Fee ❑ After- The -Fact Zoning /Land se Petitions 2x the normal petition fee ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $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: n Agent/Owner Signature Date C: \Users \fredreischNDesktop\Pre -app Forms -JUNE 2011 \SV Sign Variance Pre - Application June 2011.doc revised: 8/5/02, rev. 6/21/11 .-� PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F.3. n "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. C.\Userslfredreischi\Desktop\Pre -app Forms - JUNE 2011\SV Sign Variance Pre - Application June 2011.doc revised: 8/5/02, rev. 6121/11 MAR /14 /2013 /Tlltj 02:27 PM waldrop engineering FAX No. 239 405 7899 P. UU2 C. ter COMInty COLLIER COUNTY GOVERNMENT 2600 NORTH HORSESHOE DRIVE GROWTH MANAOE111M VT DMSIOW NAPLES, FLORIDA 34104 PLANNING AND REGULATION (M) 252 -2400 FAX (239) 2524724 N VMI LIERQOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239 - 2525724 or submit In person to the Addressing Department at the above address. Form mutd ho tocMod by Addreesina personnel prior to aria- Not all items will apply to every project Items in bold type are required. FOLIO NUMIRERS MUST BE PROVIDED. Forms older than 8 months wn1 require additional review and approval by the Addressing Department PETITION TYPE (Indicate type below, complets a $Operate Addressing Checklist for each Petition type) SL (Blasting Permit) (] SDP (Site Development Plan) BD (Boat Dock Extension) Q CernivallCircus Permit ❑ SDPA (SDP Amendment) ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ LLA (Lot Line Adjustment) ❑ SNR (Street Name Change) SNC (Street Name Change - Unplatted) ❑ PNC (Project Name Change) ❑ PPL (Plans & plat Review) TDR (Transfer of Development Rights) VA (Verieinoe) PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) PUD Rezone ❑ VRSFP (Vegetation Removal & See Fill Perk) RZ (Standard Rezone) ® OTHER SIGN VARIANCE PM10N WOO LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be ettachecq 22 60 26 that portion as desc in OR 4210 Pf3196 and Lely Resort Phase 2 FOLIO (Property 11D) NUMBER(s) of above (attach to, orassoclete with, legal description lffrnore then one) 00432960145 STREET ADDRESS or ADDRESSES (as applicable, If already asslgned) • LOCATION MAP must be attached showing exact [oration of projactlaite in relation to nearest public road right - of-way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (17applicable) Aster at Lely Resort - Sign Variance Petition PROPOSED STREET NAMES (lf epplfceble) NIA SITE DEVELOPMENT PLAN NUMBER (forexisVngproJscts/s#&soni" SDP 2007 - AR igae or AR or PL # 1AX /14 /ZU1VThU UZ:Z*/ FM waldrop Engineering YAX ]do. "l3U 4U5 7859 F. UU3 r . County COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239912662,5M NOM &M ov.Ner Project or development names proposed for, or Already appearing in, condominium documents (I application; indicate whether proposed or existing) Please Check One: ® Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAMR; Waldrop Engineering c% Alexis Crespo PHONE 239- 405 -7777 ext, 207 FAX 239 - 405 -7899 Signature an Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAPP USE ONLY FLN Number (Primary) Folio Number Folio Number Folio Number Approved Gate: Updated by: Do"; IF OLDER THAN B MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED G � > O O 2 N N C N C >O >�_ C c N> U O> O 6> O o c a) O> 0 co M Z V cc U O U V N U U 75 N W ��'�Ud - OUP o >U a•fc 5�0�a��+� V O O'O ca @.0 E N O >' U U N vvj, 5 N N LL. 0 ,Q 45 N N N a ° o v t6 N> _0 0�o� °� 0i�oaa))a��Eoa)a)( L W •� T7 Y f6 0 a) M O � O- '- CO '- a'a > E O '� O° N V L c6 U O � D ca 9 700 w E Co o tm cL .0— E° 'Fm .o n E � W r- 1-OOt0 -0M d'1-LOMOLO01-0w �C35CANCDOO�NLO�aOLO�C3)1`NCA W N� N00�- �CnLOwr�CANCON000OCA� '• CV CD 9 9 N N to N LO N Cr Ln d 1 L? Lo N w NNNNNNCVNCV NCVNI,. NNNCV N C U') LO Lfl 0 0 LO 0 LO to to LC) LO a0 LO LO LC) U") U) o W N N N N N N N N N N N N co N N N N N fi - r CL lip z� rn (i) 0 c3 Rf N cu c c N Nccrn"= E' >mNrnc E w °O� O E E �`- N a) N L a). ...N N V-'t cL 7 c c C [L tom r N C~ O Q. fl. U ca m ooc�- Y °�'�cOYVca ccis IM CL w CL c Z a. W W WD' �� WW 9iL 1 -1--IQ C U 1¢- Z Y A C U 11.1 L - CL C 0 M O a Z o , a) w � > ` Z) Q Q Co t y c O U CU >, a) dZ cQ�'o:N0a 5J c°�> '> V tune( °mmmU °tL= � ��-�Ca�� W W N 'C3 E c Y ca 20A O O >+ E O a_ 0 0 CL a) V C U a) O Z p 2aU) C2UC7n - -- tL j0 �C� °cn�U W a 0 U-0 CIE] 000000 �aoo L c� a� N O 0 co 0 v N 0 0 v CO 0 N CD N O m w LU U) 2 0 c c to CL N w 0 U co O 0 C�7 R is c c 0 m m U V a N W D a � 3 W° 0) h d cr ui m O `y Z f W Z 1 ` _ � O CL Z H Z W LU a w n W z 1 , EJ C L/3 _ 1 N O 0 co 0 v N 0 0 v CO 0 N CD N O m w LU U) 2 0 c c to CL N w 0 U co O 0 C�7 R is c c 0 m m U V U) N w O a Ca G w w Imo. m J J z Q _ w z O a N z E= z w w CL w w Q z 0 N M O O O U O O M O N N Cl) O N W W 2 IT r y , AMOK 1 i 1 0 O J Q C_ •ice RESOLUTION NO. 98 -26 RELATING TO PETITION NUMBER SV -97 -2, FOR SIGN VARIANCES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. �sS W•e WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power' to. A.W. establish, coordinate and enforce zoning and such business regulationa::F:.>4; as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land 4v;, Development Code ((jrdinance No, 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among �..•, Which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of thr. area hereby affected, has held a public; hearing after notice as in said regulations made and provided, and has..'.;, `rig considered the advisability of variances from the requirements of tvo.''!"�':;-x one -sided of.- premises directional signs with a copy area of 12 square_.,,;= �:,;•.=t:. 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 . square feet, as shown on the attached plot plan, Exhibit "A ", in a PUD zone for of fact the property hereinafter described, and has found as a mattery4; that satisfactory provision and arrangement have been made • ='.;,: concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land" ' Development Code for the unincorporated area of Collier County, WHEREAS, all interested parties have been given opportunity .to heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of.'11%r te' Collier County, Florida, that: ';y+MM -1- ,r � '•� trr The Petition SV -91 -2 filed by Wile M.- Parker of Park /Mudget /Smith Architects, representing Lely Development.., Corporation on behalf-16f;. Edison Community College with respect-to.the: -' property hereinafterF' : described as: Exhibit «B.:. -1`�: ,«� , be and the same are hereby approved for variances from the `�:`:• <.;.:' requirements of two one -sided off - premises directional signs.:with�.~. a copy area of 12 square feet each and a maximum height ofli2 feet to allow for one 15 foot high double -faced off- premiss ,~ directional sign with a copy area of 721square feet as shown on the attached plot plan, Exhibit "A ", in a PUD: zoning district:_ro =' "', wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Njumber SV -97 -2 be recorded in the minutes of this Board. This Resolution adopted after motion ', : "second.and.majozity "vote. Done this 27 day of �j' :~ . ' `i `1998.'x` ;" �•� ATTEST: BOARD OF ZONING APPEALS ..i :' � DWIGHT E.1nBROCK, /Clerk COLLIER COUNTY, F IDA ..e'��•±""� . 'tom ; r'r.`� / i3A4PJ1 ERR •, Ch 1 Approved as to Form and Legal SuffiCiencys;�r' ,',,,• ; "' �'� Marj ie M. Student ' Assistant County Attorney ! /SV -97.2 PVC)LVTIMI .�': •,•4J. J. At le 4. - •.. 1i IZ 4) Back -u-, - LOdo EAZW C-HD- X Z" 0669 P td tJ C 5 EQILM I' t } — i IEDISON g k -c:lr S169 OA COMMUNITY COLLEGE r, ( �ar,em I 0 • • � { oocLO� eocrKrr uidva R�CX L.1T j , �r,ttcr S 164 - VSGii" A ' :. t mE—iAL FCAP4! i : 1) PEN� wrta �- Ire cp Ill. 5TRU-7URe A � fze? c I RE01 L FOUN0ATIOMY fitLR6pU1 t0 i— n. r I' SIDE ELF-WrJONS FMot4T REAR V-LPVAT0tAj' MML FMMFO f1dr1 PYWHS r ! WrrH TExrv[eU ' STUCCO` I 1 STMFL S14PACti STRoCTULV f CbaCCM F4ur+OA'Tl- lNi { SIGH 0 651�HF4 r* w��tsTN+D _ ' t w rmo v E Lo rTr or t M fH y — — --t L. -- _ --• �- , cN -TOTxL 516H AKSA,114 ALL 1�• , � �� •d�'`' EXHIBIT „ A " DI mcl PARK ER/MUDG ETTIS MITH ARCHITECTS, INC. 2030 -B W. 1ST ST. FT. MYERS, FL 33901 (9411332-1171 FAX 19411332-3537 ' SIGN AT COLLIER COUNTY ROAD 951 & LELY CULTURAL PARKWAY, - , EDISON COMMUNITY COLLEGE�,.NAPLES, F 52015 1 ' I 28 MARCH 1 ` r : ; x:.1.3 a 1 NaTS : 6,^*,APs4IG5 t 514014 lt&61S Fk1Z 6EN6tuc...:,. Y Layout t SiYLC CNLY , SUBMIT S 161 r AQt WO 9-t Fa 0. A P -•JAL. r IZ 4) Back -u-, - LOdo EAZW C-HD- X Z" 0669 P td tJ C 5 EQILM I' t } — i IEDISON g k -c:lr S169 OA COMMUNITY COLLEGE r, ( �ar,em I 0 • • � { oocLO� eocrKrr uidva R�CX L.1T j , �r,ttcr S 164 - VSGii" A ' :. t mE—iAL FCAP4! i : 1) PEN� wrta �- Ire cp Ill. 5TRU-7URe A � fze? c I RE01 L FOUN0ATIOMY fitLR6pU1 t0 i— n. r I' SIDE ELF-WrJONS FMot4T REAR V-LPVAT0tAj' MML FMMFO f1dr1 PYWHS r ! WrrH TExrv[eU ' STUCCO` I 1 STMFL S14PACti STRoCTULV f CbaCCM F4ur+OA'Tl- lNi { SIGH 0 651�HF4 r* w��tsTN+D _ ' t w rmo v E Lo rTr or t M fH y — — --t L. -- _ --• �- , cN -TOTxL 516H AKSA,114 ALL 1�• , � �� •d�'`' EXHIBIT „ A " DI mcl PARK ER/MUDG ETTIS MITH ARCHITECTS, INC. 2030 -B W. 1ST ST. FT. MYERS, FL 33901 (9411332-1171 FAX 19411332-3537 ' SIGN AT COLLIER COUNTY ROAD 951 & LELY CULTURAL PARKWAY, - , EDISON COMMUNITY COLLEGE�,.NAPLES, F 52015 1 ' I 28 MARCH 1 %�'•� k v 7 _•^ ♦vim �i �� ° a 1:: a • i•, '�', � � � IV-if, tai• • g4��YK1ii� �r J1' t'1oY'i S '. . � �� y,. -i - � • ' ' Proposed Sips !?irtens K. Wnl t pan of Tract Y , L* 1� r m Twos .li. i•r r,. N �.t;:,f'•p°7'.w'i ::Yd *tat Book 11• ldtr 43.43, t An tl►at part of Tract'0', 600M AR to the pot of LAY PAMW Phaat Tae, Mat Book 11, M!ti 43 tlwwfl►13, COVw County, FkwW . Wft sere pw%kLdartl► ic$a >md u fottows, Coerreratcinl at ttw anuthcaat corner of rsW Tt•act ID". tha+oe aloft the eso L-w of mW Tract -Cr In the follwwInl twe (1) desenbe+d serrssa: . ;: - 1) Norte =3 VW East I t.t3; 1) nW%%&iy 1.1 t ha alont the are of a rino dM arvs mneart to LM aed hsvtut! It Padivs of 15.00 fad through a avwA unlit of 02'12' 13' and iesn4 mubtended by a ehoed erhiah few 1 honk 00'21' 1 S" Wag 1.1 t feud to the Point of BOO& b+C shertoe leaving the oast ine of said Tray 'D' Sovth t NO!'1 T W as 30.00 feet; : •;^ -, : ` ��' tlwroe North 01 34 23 Went 230 red" ter aortlar4r iow+dary ormwlrnd ` thexuoe atom the nont,erly boundary of toed Trba `D" N the following ewe (2) dexribed !'- ' i 1) North t t'0!' 3 T Eau 25.00 feet; 2) eaatelr and awAsutedy 11.21 feet aeong the are of a cirwlar a-mFe coneare to the . X%Kkrw.et ierin! s redivt 0( 21,00 feud throtilh a ventral antic of P0'0= and 6e4+1 aubteedad y a chord which fears SvA 4!130.23• Eut 35.36 fed to the Point 6( 812 Subi4c, to easemsnta and reoActiom of noon!. " ': `' ;.. ;:• ..a:;; ..a;,;; t eearinls w band on the tech W of Wd Trod "Dr' b&4 North 00.3150 East. 1 ��rtl6eate etwtho�{aation tZ� -13. _ , . ....; .•••'i � A; Fa it ,.*+,!. •,fk4 Exhibit , "B =: !�WWWW'l . . . . . . . . . . . — n MAR /14/2013/T &Q 02;27 PM Waldrop Engineering PAX No.239 405 7899 P,002 i Clo Car "y COWER COUNTY GOVERNMENT =00 NORTH HORMHOE DRIVE GROWTH MANAGEMENT OMMON/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (330) 262 -2400 FAX (239) Zb 4M4 WENGMERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239- 252.8724 or submit In person to the Addressing Department at the above address. Fort must be signed by Addressing oemonnel Prior to ore - aoolicadon meeting. Please allow 3 dove for nrocasslna. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older then 8 months wIII require additional review and approval by the Addressing Department PETITION TYPE gre'00e type below, complete a Separate Addressing Checklist for each Pebiion type) ❑ 8L (Blasting Permit) ❑ 813 (Boat Doric Extension) ❑ Camivall0miA Permit ❑ CU (Cond'xtional Use) ❑ EXP (Excavation Permit) ❑ FP (Final Plat ❑ LLA (Lot Une Adjustment) ❑ PNC (Project Name Change) ❑ PPL (Plans $ Plat Review) PSP (Preliminary Subdlvlsion Plat) PUD Rezone RZ (Standard Rezone) ❑ SDP (Site Development Plan) ❑ SDPA (SDP Amendment) ❑ SDPI gnsubstantlal Change to SDP) ❑ SIP (Site Impmvement Plan) ❑ SIPI (Insubstandsl Change to SIP) ❑ SNR (Street Name Change) ❑ SNC (Street Name Owge — Unplattact) TDR (Transfer of Development Rights) VA (Vec;ance) ❑ VRP (Vegetation Removal PemM VRSFP (Vegstation Removal A Sits Fill Permit) OTHER *ION VAR ANCE PE I I I ION LEGAL MSCRIPTION of subject property or properties (copy oflerpttry description maybe attached 22 60 26 that portion as dose in OR 4210 PG 196 and Lely Resort Phase 2 FOLIO (Property 10) NUMBER(*) of above (attach to, oraseoclate with, legal desorption /f mare than one) 00432960145 STREET ADDRESS or ADDRESSES (as applicable, if already essigned) • LOCATION MAP must be attached showing exed location of project/site in »lotion to nearest public road right - of-way SURVEY (copy - needed only for xmplattecl properties) PROPOSED PROJECT NAME (►Tspp/kable) Aster at Lely Resort - Sign Variance Petition PROPOSED STREET NAMES (Yapplkable) WA SITE DEVELOPMENT PLAN NUMBER (fnrsxls#ngpro)eoWs"s &I" SDP 2007 - AR-11M crAR or PL# VA &/14 /2013 /THU 02:27 PM Waldrop Engineering FAX No. 239 405 7999 P. 003 —S ^�Co " z .-. COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLU, FLORIDA 54104 PLANNING AND REGULATION (239) 252,2400 FAX (238) 2524M WWW.COWERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indict* whether proposed or exlating) Please Check One: ® Checklist is to be Faxed bask ❑ Personally Picked Up APPLICANT NAME: Waldrop Engineering c/o Alex)s Crespo PMIME 239- 405 -7777 ext. 207 FAX 239 - 405 -7999 Signature on Addressing Checidist 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 (Prhwy) C)0143Z9 (V0 J C+5 Folio Number Folio Number Folio Number �&Jlm Approved by Rate: 3 -� q — updated by: 40 Dow IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED AFFIDAVIT &IF We /1, L. 11 A L t L being first duly sworn, depose and say that we/) 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// 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 do Alexis Crespoto act as our /my representative in any matters regarding this Petition. / nature of Property Owner sX4:�- W A,..tit". , ray Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this _L1k&ay of 20.L,_-�, by 7- 01M7SIAU tA I A- 01r k 8ut%iwho is personally known to me or has produced J =� ri dens' I i Q_enSCS as identification. a`gtUUHq� Y* � ER ............ ... • °•ti�?.�'��(Signature of Notary Public - State of Flvri ) GCv -n; C& GRG ><�20 1.9 coui�'�••� `T `dam,, �'-a� o 0-- (,(� 4?_ (Print, Type, or Stamp Commissioned Name of Notary Public) May 25, 2012 1 -23 -14 HEX PE- 20130001408 CARSON SUB LOT 6 Teresa L. Cannon From: Reischl, Fred Sent: Friday, December 20, 2013 4:51 PM To: Minutes and Records Cc: Patricia L. Morgan; Bellows, Ray; Bosi, Michael; Neet, Virginia; Rodriguez, Wanda; Wells, Laura Subject: Ad Request PE- PL20130001408 Patel PE Attachments: NDN Ad Patel PE.docx; Ad Map (2X3).pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks and Merry Christmas! Fred Reiischl, AICP Senior Planner Planning & Zoning Department Phone: 239 - 252 -4211 Fax: 239 - 252 -2834 Under Florida Law, e €t4zai addresses are outdo records. If you do riot want your e ma"I address re eased in reuporise to a pubf kl ze=Wa rr4: request, do not send a ctron _c m air to this entity. ° stead, contoio this office by telepli�on ; or in �ritira ;�. 1 December 20, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 3, 2014, and furnish proof of publication to the attention of Fred Reischl, Senior Planner, in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 pane advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: Planning & Zoning Zoning Services Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's meeting room (Room 609/610) at 2800 North Horseshoe Drive, Naples, Florida 34104 to consider: PETITION NO. PE- 20130001408 — K & B Commercial Rentals, LLC, requests a parking exemption to allow off -site parking on a contiguous lot, Lot 6 of the Carson Subdivision, zoned Village Residential District with a Wellfield Special Treatment Overlay (VR- STIW -4) to serve a commercial building on Lot 1 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 7`h Street, Immokalee in Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida 30 29 28 27 26 IMMO LEE C.R 890 \33 34 35 31 32 6 5 4 MAIN ST. 3 C.R 846 2 4' PROJECT LOCATION 8 9 10 � s 11 7 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Friday, December 20, 2013 4:57 PM To: Reischl, Fred; Ashton, Heidi Cc: Neet, Virginia; Minutes and Records Subject: FW: Ad Request PE- PL20130001408 Patel PE Attachments: NDN Ad Patel PE.docx; Ad Map (2X3).pdf Fred, I cannot confirm the ad's correctness at this time. Per my prior email, please copy Heidi and Dinny Neet on all emails regarding items to be advertised for the 1/23/14 HEX hearings. Thanks! Heidi, Please review the attached ad and provide approval for publishing. Thanks. I ancCa Aodriguez, -ACP .sAdvariced Certified ParategaC Office of the County .itt tonLey (239) 252 -8400 From: ReischlFred Sent: Friday, December 20, 2013 4:51 PM To: Minutes and Records Cc: Patricia L. Morgan; BellowsRay; BosiMichael; NeetVirginia; RodriguezWanda; WellsLaura Subject: Ad Request PE- PL20130001408 Patel PE Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks and Merry Christmas! Fred Reischl, AICP Senior Planner Planning & Zoning Department Phone: 239 - 252 -4211 Fax: 239 - 252 -2834 Under Honda I ate?, e -rnait addresses are pubic rc., =ds. If you do not wan'. your €: -mad address ;e ,ased iii to a t vt €crecords refill st. m: , -,t sNid &;ectronic mail to th s entity. instead, contact this office, by telephone or in writi €act. Ann P. Jennejohn From: Ashton, Heidi Sent: Monday, December 23, 2013 9:35 AM To: Rodriguez, Wanda; Reischl, Fred Cc: Neet, Virginia; Minutes and Records; Ann P. Jennejohn Subject: RE: Ad Request PE- PL20130001408 Patel PE Please make one correction on the text: PETITION NO. PE- 20130001408 — K & 3 Commercial Rentals, l..LQ rearrests a parkins exemption to a//roA,, site arkin;g or) a configr=ous lo Lot 0 of the Carson Subdivision, zoned pillage Residential District with a within the Wellfield Special Treatment Overlay (VR- STIW -4) to serve a commercial building on Cot 1 of the Carson Subdivision zoned General Commercial District h-a within the Main Street Overlay Subdistrict `C- 4- MSOSO). The subiect prop, erty is also identifies! as 105 South 7th Street. irr mokalee in Collier County. Florida. Thank you! qe,4 ,4d4 " - tea Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: RodriguezWanda Sent: Friday, December 20, 2013 4:57 PM To: ReischlFred; AshtonHeidi Cc: NeetVirginia; Minutes and Records Subject: FW: Ad Request PE- PL20130001408 Patel PE Fred, I cannot confirm the ad's correctness at this time. Per my prior email, please copy Heidi and Dinny eet on all emails regarding items to be advertised for the 1123/14 HEX hearings. Thanks! Heidi, Please review the attached ad and provide approval for publishing. Thanks. ll-anda Rodriguez, .ACP .Advanced Certified'ParalegaC office of the Count/ Attorney (239) 252 -8400 From: ReischlFred Sent: Friday, December 20, 2013 4:51 PM 1 Acct #076397 December 23, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PE- PL20130001408 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, January 3, 2014 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500146717 December 23, 2013 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, January 3, 2014, and send the proof(s) of publication to the Minutes & Records Department, 3299 Tamiami Trail East Suite #401, Naples, Florida, 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section PURCHASE ORDER NUMBER: #4500146717 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. PE- 20130001408 — K & B Commercial Rentals, LLC, requests a parking exemption to allow off -site parking on a contiguous lot, Lot 6 of the Carson Subdivision, zoned Village Residential District within the Wellfield Special Treatment Overlay (VR- ST /W -4) to serve a commercial building on Lot 1 of the Carson Subdivision zoned General Commercial District within the Main Street Overlay Subdistrict (C- 4- MSOSD). The subject property is also identified as 105 South 7t" Street, Immokalee in Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida 30 29 28 27 26 q� IMMO ALEE mmmmm C.R 890 33 �9 34 35 31 32 6 5 4 MAIN ST. 3 C.R 846 2 PROJECT s? LOCATION 8 9 10 �9 11 Ann P. Jennejohn To: legals @naplesnews.com Subject: PE- PL20130001408 Display Attachments: PE- PL20130001408.doc; PE- PL20130001408.doc; PE- PL20130001408.pdf Hi again, Please advertise the attached (w /Map) on Friday, January 3, 2014. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(Fax) Ann P. Jennejohn From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Thursday, December 26, 2013 10:45 AM To: Ann P. )ennejohn Subject: #231150785 - BCC Zoning.K &B Commercial Proof.010314 Attachments: NDN231150785.BCC Zoning.KB Commercial Proof.010314.pdf Importance: High Ann, Please provide approval ASAP for publication on 01.03.14. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Y U BLIU N UTIUE Y U BLIU N U'l IUE Y U BLIU N U' IUE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. PE- 20130001408 — K & B Commercial Rentals, LLC, requests a parking exemption to allow off -site parking on a contiguous lot, Lot 6 of the Carson Subdivision, zoned Village Residential District within the Wellfield Special Treatment Overlay (VR- ST /W -4) to serve a commercial building on Lot 1 of the Carson Subdivision zoned General Commercial District within the Main Street Overlay Subdistrict (C- 4- MSOSD). The subject property is also identified as 105 South 7th Street, Immokalee in Collier County, Florida. 30 29 28 27 26 9�T IMMO ALEE C.R 890 33 29 34 35 31 32 6 5 4 MAIN ST. 3 C.R 846 2 s� PROJECT 2y LOCATION 8 9 10 11 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provi- sion of certain assistance. Please contact the Collier County Facilities Man- agement Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No 231150785 January 3. 2014 Ann P. Jennejohn From: Neet, Virginia Sent: Friday, December 27, 2013 1:42 PM To: Ann P. Jennejohn Subject: FW: FOR YOUR APPROVAL Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. - - - -- Original Message---- - From: AshtonHeidi Sent: Friday, December 27, 2013 1:39 PM To: NeetVirginia Subject: RE: FOR YOUR APPROVAL Dinny, Based on my memory, it looks correct. I am not in the office today. From: NeetVirginia Sent: Thursday, December 26, 2013 4:13 PM To: AshtonHeidi Subject: FOR YOUR APPROVAL Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Reischl, Fred Sent: Monday, December 30, 2013 7:58 AM To: Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda Subject: RE: #231150785 - BCC Zoning.K &B Commercial Proof.010314 Ann - it looks good to me, as long as we get the OK from the County Attorney's Office... -Fred From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, December 26, 2013 11:25 AM To: ReischlFred; NeetVirginia; RodriguezWanda Subject: FW: #231150785 - BCC Zoning.K &B Commercial Proof.010314 Importance: High Hi again, Another notice for your review, please....... Petition PE- 20130001408, K & B Rentals Parking Exemption (Carson Subdivision) that will also be advertised Friday, January 3rd for a January 23rd, 2014 HEX Hearing. Thanks again, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) From: Polidora, Carol [ mailto :cpolidora(aOnaplesnews.com] Sent: Thursday, December 26, 2013 10:45 AM To: Ann P. Jennejohn Subject: #231150785 - BCC Zoning.K &B Commercial Proof.010314 Importance: High Ann, Please provide approval ASAP for publication on 01.03.14. THANKS! Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, December 27, 2013 3:46 PM To: 'Polidora, Carol' Cc: Panciera, Angela (AMPanciera @Naplesnews.com) Subject: RE: #231150785 - BCC Zoning.K &B Commercial Proof.010314 Also looks good, please publish 231150785 on January 3rd, 2014 Thank you! From: Polidora, Carol [ mailto :cpolidora@naplesnews.com] Sent: Thursday, December 26, 2013 10:45 AM To: Ann P. Jennejohn Subject: #231150785 - BCC Zoning.K &B Commercial Proof.010314 Importance: High Ann, Please provide approval ASAP for publication on 01.03.14. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 1 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicat State of Florida Counties of Collier and Lee Before the undersigned they serve as appeared Robin Calabrese, who on o Advertising Director of the Naples Da newspaper published at Naples, in distributed in Collier and Lee countie attached copy of the advertising, beini i PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 ti on January 3, 2014. Affiant further says that the said Na published at Naples, in said Collier C, newspaper has heretofore been contin County, Florida; distributed in Colliez each day and has been entered as secc office in Naples, in said Collier Coun year next preceding the first publican advertisement; and affiant further say promised any person, firm or corporal commission or refund for the purpose pub (Signature of affiant) er. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, January 23, 2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. PE- 20130001408 — K & B Commercial Rentals, LLC, requests a parking exemption to allow off -site parking on a contiguous lot, Lot 6 of the Carson Subdivision, zoned Village Residential District within the Wellfield Special Treatment Overlay (VR- ST/W -4) to serve a commercial building on Lot 1 of the Carson Subdivision zoned General Commercial District within the Main Street Overlay Subdistrict (C- 4- MSOSD). The subject property is also identified as 105 South 7th Street, Immokalee in Collier County, Florida. 30 29 28 27 26 IMMOI LEE 9� r C.R 890 119 34 35 33 31 32 q MAIN ST. 3 C.R 846 6. 5 2 s� PROJECT 29 LOCATION 6 9 10 11 7 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provi- sion of certain assistance. Please contact the Collier County Facilities Man- agement Department located at 3335 Tamiami Trail East, Suite 101, Naples, ^� Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. I \ Mark Strain Swo to and subscribed before me Hearing Examiner Thi ,9th day o J ary, 2014 Collier County, Florida No 231150785 January 3. 2014 (Signature of notary public) P CAROL POLIDORA MY COMMISSION # EE 851758 EXPIRES: November 28, 2014 •' ` Banded Thru Ptchard Insurance Agency HEX NO. 2014 — 05 HEARING EXAMINER DECISION 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. DATE OF HEARING: January 23, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 4.05.02 K.3.b of the Land Development Code has been met and the petition should be approved. ANALYSIS: During earlier review of this application it was discovered that the applicant had used the Main Street Overlay standards as a basis for the entire project. Since the property involved is a parking exemption in the VR zoning district, the Main Street Overlay standards cannot apply to the VR area. As a result various buffers had to be modified that also impacted the layout of the parking exemption area provided in the staff report. Attached as Exhibit A is the new site plan that was reviewed as part of this hearing. The buffer modifications included a widening of the buffer to 15 feet on the south and west end and to 10' on the north side adjacent to the commercial; limiting the parking lot lighting to 15' and shielded; and the addition of a 6 foot wall along the property lines that are not contiguous to commercial zoning (i.e.: the west and south property lines of the parking exemption property). To accomplish these requirements the parking area was redesigned, the loading space relocated out of the buffer area, and the trash enclosure moved to the northwest corner of the property. Additionally, the setback along the west side of the building needed a correction which is reflected on this revised site plan Exhibit A. The ownership of the properties changed in October of 2013 and authorization was provided at the hearing allowing the representatives to continue with the new owner. 1 of 2 DECISION: The Hearing Examiner hereby approves Petition No. PL- 20130001408 filed by Phoenix Associates of South Florida, Inc., representing K & B Commercial Rentals #5, LLC, and Shivshakti One LLC, to allow off -site parking on contiguous land zoned Village Residential (VR) with a wellfield risk management Special Treatment Overlay (ST /W -4) at 105 S. 7" Street, Immokalee, 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 off -site parking shall comply with the Site Plan attached as Exhibit A, and shall be subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A — Site Plan LEGAL DESCRIPTION: 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. CONDITIONS: Lot 1 is to be used for the commercial use utilizing lot 6 for the parking exemption. 1. Use of the subject lot for parking is permitted only in conjunction with an adjacent commercial use, not as a free standing parking lot. 2. The subject site is to be used for parking, water management, landscaping, dumpster location and directional and safety signage only. 3. The landscape buffer will include a wall along those property lines adjacent to residential zoning. 4. Parking lot lighting will be limited to 15 feet in height and shielded from residential properties. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013 -25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 1' -Zotf � Date Marl Strain, Hearing Examiner 13 -CPS- 01258 \17 Approved as to form and legality: JJ-4 1� /� (J6 eidi Ashton- tcko Managing Assistant County Attorney 2 of 2 WEST MAIN STREET (100' RIGHT -0F -WAY) Exhibit A Page I of 1 2 BENCH BENCH Y L.B. EDGE OF PAVEMENT MLP. f %, CCINCREPE SICIEMrALK • 76.D0' 9 °38'25 "E - -- -- - -T -- -- -- EXISTING I RE r HYDRANT NOTE: PER CC UDC 4.02.32(ARI) ROOF ARCADE ENCROACHES 1 I i — � = - -- -I ° �W�M pULARD 10' -0" FRONT SETBACK BV I IT VPICALI 1'-4 ". MAXIMUM ALLOWABLE PHONE ENCROACHMENT IS 7' -0". BOOTH I 5'-0* WIDE CONC. UNIT 103 SIDEWALK I RESTAURANT �j I 10' SETBACK 1 1,995 S.F. 3 SPACE �I 5' L8. BICYCLE RACK 10'S BA K PATEL BUILDING ail ' < 3,892 S.F. G' 5' L.B. TYPE 111-8 CONST. N 3 UNPROTECTED ?r SPRINKLERED 1 ONESTORY II 1 tiF- 1 F.F.E. - 32.8' NA CONCRETE ^y I I = u LOT 3 LOT 2 PARKING ' D b Ob 'IMPROVED) (IMPROVED) z �I I 5' -0 "WIDE g 1 UNIT 102 1 6" THICK CONC. 1 RESTAURANT jj 13 R.O.W. SIDEWALK 11402 S.F. n MI 5' WIDE CONC. WM SIDEWALK gi I UNIT 101 I 8 OHC 495 S.F. 2FINESIGN I yl FY I I 1 10'SETBACK WLP U WPP ESB ANCHOR 11 _ _ I WPP -1' >iEUTS DETECTABLE SMH O+ o o e I WARNING (Di SMH SSL 6 7 8 1 SURFACE y _ Q TRASH ENCLOSURE 3 (2) RECYCLABLE I ~ O CONTAINERS CONC. SIDEWALK TO BE �+ 3 FLUSH W /ASPHALT. rc PROVIDE 2'DETECTABLE 'L3 M 0 WARNING SURFACE. OQ TWO WAY TRAFFIC 3 6' -0 "WIDE LOT 12 ° I 10'X2 15' HIGH SINGLE 24- WIDE STOP I 3 CROSSWALK ,IMPROVED) $ LOADING 6" TYPED' SITE LIGI IT - SI IIELD BAR PER CODE OW Z I AREA CURB TTYP) FROM RESIDENTIAL STOP SIGN IRI-1)- IT P) 8k I ^ e 15' L.B. I L 9 10 11 12 13 14 15 16 17 18 19 20 21 22 M 10'SETBACK SL k - -- — — — — — — — — — — — — — — — — — — — — — — — J I 1 DETECTABLE WARNING __ _- X X SURFACE z 190.00' N89 °38'25 "E 10' SETBACK EX. WIRE FENCE 6' HIGH PRECAST X Ll L.B. TO BE REMOVED CONC. FENCE LOT (IMPROVED) LOT 12 (IMPROVED) Exhibit A Page = of r WEST MAIN STREET 1100' RIGHT -0FWAY) I i I- a W3 KQ x 2U 7 °L 2$ mmir AGENDA ITEM 4-E Co ir r 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&B 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 71h Street in Immokalee. The lot abuts Lot 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 $ EXHIBIT Patel Parking Exemption I t 311 CtAl Oj 3.q 11 12 6Z e 9 10 It 7 14 13 1s 17 18 1e N 23 24 19 20 21 22 23 IMMOK ALEE 26 25 b 29 ?e 37 28 �r Lonlav � CF ••o �v [o)D�' [O=7�, 35 31 12 LAKE ©� ©001' owls IOOO • • RIAFFIORD �� 6 s ! MAIN ST. 3 C.R 618 ©• ©Qa 2 1 IM son Sp PROJECT 11 12 LOOATION 1 8 9 10 11 ©D moo• SOW you �ow, ©na 14 q 1e 17 18 Is 14 moo• 23 24 19 20 21 22 23 ©� C.R. 818 con Oj WM� Mm �O ESm Lonlav � mm �v [o)D�' [O=7�, �� F=Ol'" Emir_ Wm ©QOl' ©� ©001' owls IOOO • • ©_ �� momS ©• ©Qa _ IM son © � �D• moo• ©D moo• SOW you �ow, ©na �O �n - • o moo• moo• ten. �o � o• moo. ©� con W. MAIN STREET sees Mimi �� II�J IIIIIIIIJ� �IIIIIIIII' III�� Yi � II.�YI� � IIIIIIID*� IIIIIIII�I� IIIII� = ■� IIIIIIIIIY� • ©� IIIIIIII�� • ■'111, �� M Tel m© mm C�� PURPOSE /DESCRIPTION OF PROJECT: The Petitioner has applied for a Parking Exemption to permit the parking for a 4,000± 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 C4 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 -MSOSD Lot T 13 ' ,Ci 5 1 4 t/; 6 �JJ VR Lot 7 H 6 B2 8 s in Zoning Map Detail (BCC) PE- PL20130001408 Page 3 of 8 Patel Parking Exemption Q9---., �,.k '� s• Aerial Photo (CCPA) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: ite Comprehensive Planning Staff does not review Parking Exemptions, since they have no impact on the Growth Management Plan. ANALYSIS: The Collier County Hearing Examiner shall consider the following criteria for the approval of a parking exemption: 1 - Whether the amount of off -site parking is required by Sections 4.05.04. G. and 4.05.09 of the LDC, or is in excess of these requirements. 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 be .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. S - The character and quality of the neighborhood and the future 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 for 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 7t' Street, onto the subject lot. The proposed building on the C -4 lot will only have pedestrian access. 8 - Whether vehicular access shall be from or onto residential streets. The only vehicular access to the site will be from South 7h Street, onto the subject lot. South 7`h Street is primarily residential; however, the subject site abuts commercial zoning to the north. 9 - Whether buffers adjacent to the property zoned residential are IS 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 1.�� wall or a hedge. A copy of the landscape plan is attached as a part of Attachment "B ", General Site Configuration. 10 - Whether the off -site parking area will be used for valet parking. Valet parking is not anticipated to be used. 11 - Whether the off -site parking area will be used. for employee parking. The subject site will be used for employee parking as well as customer parking. 12 - Whether there are more viable alternatives available. The alternative to a Parking Exemption would be to provide on -site parking, which would limit many permitted uses, since the required minimum square - footage would constrain the required parking. Subject Site - view to the west from South 7th Street (Google) NEIGHBORHOOD INFORMATION MEETING (NIM)- A Neighborhood Information Meeting was properly noticed and held on December 2, 2013 at 4:00 PM at the Immokalee CRA, 750 South 5`h Street. No members of the public attended. PE- PL20130001408 Page 6 of 8 Patel Parking Exemption ' I i i vner DIMENSIONAL PLAN SITE PLAN SDP 1 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 PE- 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. B. General Site Configuration (not an SDP) PE- PL20130001408 Page 7 of 8 Patel Parking Exemption 4FISCIlL , AICP SENIOR PLANNER REVIEWED BY: RAYMO V. BELLOWS ZONING ANAGER MICHAEL BOSI, AICP, DIRECTOR PLANNING AND ZONING DEPARTMENT PE- PL20130001408 Page 8 of 8 Patel Parking Exemption /,� -`0 -13 DATE IL 30- G DATE DATE DIMENSIONAL PLAN SITE PLAN u Li � Qji-t NORTH r .......... ------------ DIMENSIONAL PLAN SITE PLAN u Li � Qji-t NORTH r Goer County tk COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net APPLICATION FOR PUBLIC HEARING FOR PARKING EXEMPTION (LDC 4.05.02.K) PETITION NO (PL) To be completed by staff PROJECT NAME DATE PROCESSED GENERAL INFORMATION APPLICANT K &B COMMERCIAL RENTALS #5. LLC ADDRESS 1303 NEW MARKET ROAD W. CITY IMMOKALEE STATE FL ZIP 34142 TELEPHONE # E -MAIL ADDRESSS: CELL # FAX # AGENT RANDY JOHNS FIRM PHOENIX ASSOCIATES 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: RIOHNS @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 # E -MAIL ADDRESSS: CELL # FAX # Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net w1wrl 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. r Cower 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 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 S/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 130 ft. = Total Sq. Ft. 9,880 Acres 0.23 OFF -SITE PARKING AREA: Section /Township /Range 04/47 S/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 co er county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.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: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: 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 I % 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 I % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. .J 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 .net I Name and Address I % of Ownership n �-v Cor 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 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 % 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 I Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.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? ■ ►ZI • If yes, please name the roadway: Does the permitted use propose to share required parking with another permitted use? '-N, ❑ YES ® NO EVALUATION CRITERIA CN 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. Cor County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net SUBMITTAL REQUIREMENTS GENERAL INSTRUCTIONS Application must be clearly printed or typed. All material must be 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 Drive, Naples, 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 owner(sj 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 20 copies of a 24" x 36" conceptual site plan drawn to a maximum scale of 1 inch equals 400 feet 1 reduced 8Y2" x 11" 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 CA 67 County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.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. ► 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 150 feet of the subject site have been advised of the extent and nature of the cPj Co Ar 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 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. 61 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 PARKING EXEMPTION - (PE) APPLICATION SUBMITTAL CHECKLIST �Jv 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 COPIES REQUIRED NOT REQUIRED Completed Application 20 ® ❑ Pre-Application meeting notes 20 ❑ Conceptual Site Plan 24" x 36" 20 ® ❑ Site Plan 8 %" x 11" 1 ® ❑ Narrative Statement based upon LDC Evaluation Criteria 20 Warranty Deed 2 ® ❑ Owner/Agent Affidavit, signed & sealed 1 ® ❑ Boundary Survey, no more than 6 months old 24" x 36" 4 ® ❑ Electronic copies of all document & Plans 1 ® ❑ Addressing Checklist 2 El Location Map 2 ® ❑ 10 -Year Lease Agreement see LDC 4.05.02.K.2.a 2 ❑ 1 19 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. ® $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. ® $900.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt Naples Daily News Invoice). ® $500.00 Legal Advertising Fee for BCC meeting ® Property Owner Notification Fees. Property Owner Notifications $1.50 Non - certified; $3.00 Certiped return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) As the authorized agentlapplicant 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. Agent/App ` nt SIGNATURE ?. /?" • 13 Date PRE - APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST ® SDP ❑ SDP Amendment PL# 2013 -1408 Date: 7 -31 -13 Firm: Phoenix Applicant: Chris Lascano Project Name: K &B Commercial Proposed # of Residential Units: Proposed Commercial Square Footage: 3500 Project Addr /Location: SW Corner of West Main Street & 7t' Street South: Immokalee Size of Project Site: 0.23 acres SDP # for Amendments N/A Zoning /Cond. Use /PUD: C- 4 -MSOSD Ord. /Res. #: (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 e Coer 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.col lierpov.net SITE DEVELOPMENT PLAN (SDP) APPLICATION, (SDPA) 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 COPIES REQUIRED NOT REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explaining the project 12 X SDP application (completed & signed) 12 X Site Development Plan (signed & sealed) including cover sheet (LDC 10.02.03.B.1.b.) 12 X PUD 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 10.02.02.1-1 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 - I additional set 1 X Located in the Bays hare /Gateway Triangle Redevelopment Area - 1 additional set 1 X Located within the RFMUD or RLSAO areas - 1 additional set I X Affordable Housing project - 1 additional set 1 X School Board Review, if residential 1 X * *TO BE INCLUDED ON SITE PLANS: Native vegetation retention mitigation plan, Section 3.05.07.6 Rte- * *12 X Site clearing Ian vegetation inventory, (LDC 10.02.03.B.l.i.xii, LDC 10.02.03.B.1.d.) * *12 X If clearing or filling outside infrastructure is requested, differentiate on site clearing plan (using hatch i 49-16-6 the infrastructure cleari a lot prep clearing as allowed by VRSFP regulations. Provi e e acreage calculations for each e- f clearing re u (LDC 4.06.04 A * *12 Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boundary * *12 X Preserve management plan * *12 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/Aff!davit per LDC 10.02.03.B.l.b.ii.(e) 1 X Notarized letter of authorization from property owner designating applicant as agent (LDC 10.02.03.B.1.a ) 1 X Recorded Deed or contract for sale (LDC 10.02.03.B.1.a.) (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 Coder County tv 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 GIS: Copy of Site Development Plans (DWG or DFX formal) on CDROM disc in State Plane NAD83 feet Florida Ease Coordinates (LDC 10.02.03.B.1.b.iii) 1 X LANDSCAPE & IRRIGATION REVIEW: Landscape Plans (signed & sealed LDC 10.02.03. B.l.c.) (LDC 4.06 ) 7 X Irrigation Plans LDC 10.02.03.B.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.1.1l.f.) including: 6 ✓ Every Fagode 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 sheet: height, material and color (LDC 5.05.08.E.6) ✓ Color paint chips and roof color paint chips or samples (LDC 5.05.08.C.5.a) ✓ Floor plans and building elevations 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, showing floor area by use is intended only to determine that the use is compatible with the zoning establish parking requirements and show building height meeting Code. If the project is not 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. 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 storm routing Excavation permit application 1 `� Hydraulic Grade Line Pipe calculations for culverts 1 f 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/or Sewer availability letter 1 Fixture Count 1 DEP utility installation permits (water sewer) (LDC 10.02.03.B.l.i.i) 1 Utility Review Checklist 1 r JUNE 2011 j i� VzfeI _ Y 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 c�- TRANSPORTATION: Traffic Analysis 7 Copy of Traffic Impact Statement (TIS) on CDROM 3 Right -of -Way permit application (Count FDOT) 1 ENVIRONMENTAL: Environment Impact Statement — printed copies 2 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 construction plans; contact review staff for current version (attach cover letter to documents) 1 Listed Species Survey; less than 12 months old. Include copies of previous surveys 2 -Vegetation Removal & Site Fill Permit application 1 USACOE permit and exhibits, (LDC 10.02.03.B. 1.1.) 1 -Approved wetland jurisdictional lines (less than 3 years old) 1 p( Agency accepted UMAM WRAP scores 1 FIRE: Fire Flow Test from Fire Department no more than 6 months old), LDC 10.02.03.B.l.b.ii. d ii 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.B.1.ii.d.) PLEASE INCLUDE THIS INFORMATION ON :O"R-THE COVER PAGE 9*4HJW0 OF THE SITE PLANS 2 X COA: Completed Certificate of Adequate Public Facilities Application (LDC10.02.07), 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: ❑ EDC "Fast Track" must submit approved copy of official application ❑ Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. 2 School Concurrency — School Impact Analysis Application, residential projects only 2 MISCELLANEOUS: Other required permits: ❑ Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Route package to The Conservancy, Attn: Nichole Ryan Agreement # ❑ Deltona ❑ Lely Barefoot Beach ❑ Port of the Islands Interlocal Applicant /Agent Signature JUNE 2011 Date Cover 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 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. 09 6 6V1 L'14o' rz:t 1rj �C clZt 14,j nip n �pp - 311,1165,0 � u'r QS FIX LyT_,-4�— r D K.N l! -;n,AvA,,\-, JUNE 2011 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Coder County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net Fee Calculation Worksheet - Site Development Plans DP Review Fees_ ❑ Residential only: $5,000.00 Plus $100 per residential structure, plus $40 per dwelling unit $ Number of Buildings: Number of D /U: ® Non - residential only: $5,000.00 Plus $200 per non - residential structure, plus $0.10 per sq.ft. $ Number of Buildings: Total Square footage: ❑ When a building consists of both residential and non - residential uses, the fees shall be calculated as follows: $5,000.00 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. X$0.10) (sq. $200 Fire review/ $ LJ Residential only: $2,500 Plus $100 per residential structure plus $40 per dwelling unit $. Number of Buildings: Number of D /U: ❑ Non - residential only: $2,500 Plus $200 per non - residential structure, plus $0.10 per sq. ft. $ Number of Buildings: Total Square footage: ❑ 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 n $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) $ ❑ $150 Fire review $ Plan Review & hMaction — UtUffle (Rea .ired as per Ordinance 204-3+ Section a e) ❑ Construction document review — 0.75% of probable water /sewer construction costs Cost Estimate $ $ ❑ Construction inspection — 2.25% of probable water /sewer construction costs Cost Estimate $ $ Plan Review & hmaction — Roadway, Paving & Qrainage Q Construction document review — 0.75% of probable roadway, paving & drainage construction costs Cost Estimate $ $ [Construction inspection — 2.25% of probable roadway, paving & drainage construction costs Cost Estimate $ $ ❑ $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) N Methodology Review - $ 5 0.5 (p a attach a separate check for transportation review fees)$ fq Right -of -way Permit — Submi -150 ireee y'fo the Transportation Dept. with applicable fees (774 -8260) Utilities ❑ Utilities Modeling and Analysis Fee - $1,000 (per Resolution No. 08 -53), applies only if zoned PUD /DRI $ JUNE 2011 C�j Co My County tv, COLLIER 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 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 Plus 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; $600.00 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. N �COA application fee $200 + $25 per D.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): 3rd Review = $1000 4th Review = $1500 5'h Review = $2000 6th and subsequent reviews = $2,500 Additional Review Fees for amendments to SDP (resubmittals): 3rd Review = $1000 4th Review = $1500 5th and subsequent reviews = $2,000 Additional Review Fees for Insubstantial Change to SDP (resubmittals): 3rd Review = $1000 4th Review = $1500 5th and subsequent reviews = $2,000 Additional Review Fees for EIS (resubmittals): 3rd Review = $1000 4th and subsequent reviews = $ 500 JUNE 2011 n Coder 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.collieraov.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. ► 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'/ hour thereafter. 2. Additional Land Development Services Department staff attending meeting per applicant request, $75.00 per'/ 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'/ hour thereafter. JUNE 2011 Cor 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.collieraov.net EXCAVATION REVIEW FEES REVIEW FEES: ❑ Private: $400.00 ❑ Commercial: $2000.00 ❑ 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: 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 r-� Coder County CQ� V' COLLIER 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 VEGETATION REMOVAL & SITE FILL REVIEW REQUIREMENTS: Review Fees: Already listed 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 Coffer County �Y 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 SDP /SIP DATA TABLE, RECOMMENDED FORMAT Zoning. Subject Property & Surrounding (example) SUBJECT PROPERTY: PUD (Westview Plaza) SURROUNDING: N I Industrial S Gail Blvd ROW, then E Estates E RSF -3 (Residential) W PUD Westview Plaza Setbacks. Interior Lots (example) SITE DATA REQUIRED PROVIDED FRONT YARD 25' 50' SIDE YARD #1 N* 15' or 1/2 BH BH = 30 15.5' SIDE YARD #2 (S ) 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 2ND FY SETBACK PER PUD DOC, SEC 3.4.5 ** 20' 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 8: cite PUD document where applicable . Separation of structures (example) REQUIRED PROVIDED 15' 17' or 15' or 1/2 sum of building heights SBH) 20' (SBH = 40', 1/2 X 40'= 20') Building height (example) REQUIRED PROVIDED 75' 50' Residential minimum floor area (example) REQUIRED PROVIDED 1,200 sq ft 1,850 sq ft JUNE 2011 w w z z fit' C O La .v a c j 4 C .-. 2)N ..+ O +-. 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SHEET TITLE PAGE SQ. FEET ACRES PERCENTAGE COMMERCIAL RENTALS 45, LLC KBB 1303 NEW MARKET ROAD W. IMMOKALEE, FLORIDA 34142 CA COVER SHEET 1 410 TOTAL AREA 34,130 0.55 IM C-2 AERIAL PHOTOGRAPH 20110 BUILDING AREA 1,990 OD9 16.5 SDP -1 SITE DEVELOPMENT PUN 3410 PROJECT ENGINEER: PHOENIX ASSOCIATES OF S. FLORIDA INC. 2590 NORTHBROOKE PLAZA DRIVE, 1308 NAPLES 34119 (239) Si PROJECT SURVEYOR: SURVEY SOLUTIONS 1315 HENLEY STREET, 11001 NAPLES, FLORIDA 3!105 123915957632 sDP -1.1 SITE DETAILS 4o11a IMPERVIOUS - PAVEMENT 6,108 0.19 31.6 IMPERVIOUS -MISC 2,745 0.06 11.3 SDN2 WATER MANAGEMENT PUN b DETAILS 5410 PERVIOUS 9,28] 021 36.5 SDP3 UTILITY PIAN &NOTES 6u110 ZONING AGENT: PHOENIX ASSOCIATES OF S. FLORIDA INC. 25W NORTHBROOKE PLAZA DRIVE,130B NAPLES 34119 PROJECT LANDSCAPE ARCHITECT: BIG CYPRESS LANDSCAPING CO., INC. 5931 SEA GRASS LANE NAPLES, fLORIDA 34116 SDP -3.1 UTILITY DETAILS 7410 SUBJECT PROPERTY: C-15050 6 VIP SDP-4 EROSION CONTROL PUN B d 10 SURROUNDING PROPERTIES: L -1 LANDSCAPE PUN 90(10 NORTH - R.O. W. M'. MAIN STREET / S.R. 291 SOUTH -VR (239) 5969111 (239) /1 ]-KERB LS IRRIGATION PLAN 10410 LEGAL DESCRIPTION - PARCEL ID: 25582440008 EAST- It OM. (7TH STREET S.) WEST- C 4 .SOSD b MH BOUNDARY TOPO SURVEY LOTS I AND 6, BLOCK 6 CARSON'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS DIMENSIONAL STANDARDS RECORDED IN PUT BObK 2 AT PAGE 40, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. REQUIRED PROVIDED MIN. LOT AREA 10,000SF 25,650 5E BUILDING INFORMATION TOTAL- 5,220 IF A/C- 3,9905E NON , vC -1230 IF TYPE II48 C6NST. UNPROTECTED UNSPRINKLERED REVISIONS MIN. LOT WIDTH WA 545' MIN. LOT DEPTH WA WA DATE REVISION MIN. YARD REQUIREMENTS FRONT: 10' 25' -0' (M ONE STORY VICINITY MAP sDE: REAR: to• 1ow•(W)a 20' 2" ""') 47' -0' IS) MAX. BUILDING HEIGHT 35' 16' -0' "•''" - " " "' _ ' °' "" '" ^ "' " " " "" _ V Y - BUILDING SEPARATION WA WA GENERAL NOTES FINISH FLOOR ELEVATION 33.0' 3].)5' 1. MOTPC VEGETATION AS DEFINED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE SHALL BE REMOVED FROM THE SITE AND SUBSE(IUENT ANNUAL EXOTIC REMOVAL IIN PERPETUITY) SHALL BE THEE RESPONSIBILITY OF THE PROPERTY OWNER. PARKING CALCULATIONS- PER COLLIER COUNTY LOC 4.05A4(H) RESTAURANT -SIT DOWN - 1 SPACE PER 605F(PUBLIC USE AREA) 2. THE REVIEW AND -1 SPACE PER 2005E (NON4•UBLIC USE AREA) OFFICE APPROVAL OF IMPROVEMENT PUNS DOES NOT AUTHORIZE THE CONSTRUCTION OF It - i SPACE PER 300 IF 1 ^-"••' - IMPROVEMENTS WHICH ARE IN WITH EXISTING EASEMENTS OF RECORD. 3. THE PROPERTY OWNER IS RESPONSIBLE FOR REPLACEMENT OF 2,100 SF (RESTAURANT PUBLIC USE AREA) a W - 35 PARKING SPACES 1,400 SF (RESTAURANT NON - PUBLIC USE AREA) a 200 - 7 PARKING SPACES 490 SF (OFFICE) a 300 - 2 PARKING SPACES ., -- v w•• "' ` '" " ALL LANDSCAPE MATERIAL AND FOR THE MAINTENANCE OF THE REQUIRED IRRIGATION SYSTEM. 4. THE PROPERTY OWNER IS RESPONSIBLE FOR THE PERPETUAL PER COLLIER COUNTY 4.OF -PROVIDE AT SI THE MI THE MINIMUM REQUIREMENT ""' MAINTENANCE OF ALL FEATURES OF THE SURFACE WATER INPARKING (1% - 2 H PARKING SPACES % 50% - 32 PARKING SPACES REQUIRED '"""'• ^'^ -- SITE y N n k MANAGEMENT SYSTEM AS OUTLINED BY THE DESIGN ENGINEER ON THESE DRAWINGS. 5. VEGETATION TO REMAIN SHALL BE PROTECTED WITH APPROVED BARRICADING(DETAIL SHOWN) AND BARRICADING WILL REMAIN IN PUCE UNTIL COMPLETION OF CONSTRUCTION. 6. GENERAL CONTRACTOR TO VERIFY ALL UTILITY LOCATIONS BEFORE THE START OF CONSTRUCTION. REQUIRED PROVIDED TOTAL PARKING SPACES 2Z 24 1 REGULAR SPACES 21 23 HANDICAPPED SPACES 1 1 BICYCLE SPACES 1 3 SCOPE OF WORK OPEN SPACE REQUIREMENTS TO CONSTRUCTA3,9905F BUILDING FOR RESTAURANT AND GWT.T COOFILE NECTION STORMWATER MANAGEMENTRSYASTE., IN DEVELOPMENTS OF COMMERCIAL, INDUSTRIAL AND MIXED USE INCLUDING RESIDENTIAL, AT LUST (301 PERCENT OF THE GROSS AREA TED SHALL C' .,x,,..,- s.,u "- s.,.., - UNOSCAPINE d IRRIGATION. O PPLY TO INDIVIDUAL PARCELS LESS HANI(51ACRES INSZESNALL F THE OPEN SPACE REQUIREMENT DOES NOT APPLY TO THIS DEVELOPMENT rfTi� Zo l� 0o 'IRJ Z �e 1nOZ W go. o " slm 3W. O� 0 LLi W wQw Ol s U SHEET C -1 0„0 �J a ��[M N u["urv�WUYmv, tonYXnnoXUUu wiiFgnttO. ��XU`wY` "'u SURROUND STYLE PUNTING WITH DEEPRGDT UNIVERSAL BARRIERS i n'�wm"i�~aexm� •^ rY^fJU�r�r�.'i..u�r"�"Ym�w':�' =zz. u w rw MME Y 1d is -,Xw. � """pM �, •.X.1 a1XW Xm R "11xm1 o ° LINEAR APPUGTgN OF DEEPROOT TREE ROOT BARRIERS AT TIME OF INSTALLING CANL'RETE SIDEWALKS AND CURBS r �m�4 rt --o-Wp rRV q` F\ na�d3°9 XXXm niwMwm["vxmnl� �w°r�iw �'' 1.. r- NORTH (D SCALE: V - 20' El o e$ .lwh! V _ m m I El Zv Z 0� <�: S4 , j COZ a o 0 Zpt < I W 00 m WK 3� vVi ..I 0 Z LV Zoom wQw o i o 1� SHEET L -1 9 of 70 KL i% , L— n SHRUB PLANTING OETAIL Ig r- NORTH (D SCALE: V - 20' El o e$ .lwh! V _ m m I El Zv Z 0� <�: S4 , j COZ a o 0 Zpt < I W 00 m WK 3� vVi ..I 0 Z LV Zoom wQw o i o 1� SHEET L -1 9 of 70 DIMENSIONAL PLAN SITE PLAN NORTH (5 SCALE V - 2V El 0 zi A Z 0; W ;II' IN oil I!!,, L, a i 011 ml. w I 0 Wi "I" WIGI�. Z z< n z ZA2 0 co 0, o :1 < 6u- ol-'s 44 J9 SHEET PHOENIX ASSOCIATES r OF SOUTH FLORIDA, INC. CGC #034149 W W W.PHOENIX- ASSOCIATES.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, a, 4—,— CORPORATE OFFICES 2590 NORTHBROOKE PLAZA DRIVE — SUITE 308 — NAPLES, FLORIDA 34119 PH 239 -596 -9111 - FAX 239 -596 -2637 "AS IS" Residential Contract For Sate And Purchase 1 THIS FORIA HAS BEEN APPROVED BY THE FLORIDA REALTORS ARID THE FLORIDA BAR r PARTIES: ' �`Seltef}, r and -!� T!a- or / ..- ("Buyef'), 3 agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal 4 Property (collectively 'Property) pursuant to the terms and conditions of this AS IS Residential Contract For Sale s Arid Purchase and any riders and addenda ('Contra ): s i. PROPERTY DESCRIPTION: x IDJ S. r (a) Street address, city, zip: % s (b) Properly is toca�d in at G a //' Florida F� � T S g (c) Legal description of the Real Property. t -�s�f• !✓ /7Y Z� 10- 11 together with all existing improvements and fixtures, including burst -in appliances, built -in furnishings and 12 attached wall-to-wall carpeting and flooring (`Real Property) unless specifically exuded below. 13 (d) Personal Property: The following items owned by Seller and existing on the Property as of the date 14 of the initial offer are included in the purchase ('Personal Property): n range(s)1oven(s), dishwasher(s), 15 disposal, ceiling fan(s), intercom, fight fixtures, rods, draperies and other window treatments, garage door 15 openers, and security gate and other access devices; and (p) those additional items checked below. If 1r additional details are necessary, specify below. If left blank, the item below is not Included: ❑ Refrigerator(s) Smoke detector(s) ❑ Pool barrier/fence Storage shed Worowave oven Security system Pool equipment N antennalsatellite dish Washer Wiridowfwall a/c Pool heater Water softenedpurifrer n.. ^j ' n..,- nix- at^..r y Spa .:r hot..tLb �:.:ui hea er V an ,et s+ ltai"s and ❑ Stand alone icy maker [j Above ground pool panels 1s The only other items of Personal Property included in this purchase, and any additional details regarding 19- Personal Property, if necessary, are, aa- 21 Personal Property is included in the Purchase Price, has no contributory value, and shaft be left for the Buyer. 27 (e) The following items are excluded from the purchase: 2r 2a- 2. PURCHASE PRICE (U.S. currency): _ ..................................... ............................... Sx �GOor� !3Q 25' (a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) 26 The initial deposit made payable and deliive* to 'Escrow Agent° named below 2r (CHECK ONE):[] accompanies offer or is to be made upon acceptance (Effective Date) 2r or [A16 to be made in _`j_ (if biar►� en 3) after Effective Date 29' Escrowi Agent Information: yam i' T 30- Address: 3�>'2 L c� ��oC fir' ^-� �G Phone: 22�L- 511Z 5'-.077 31- E -wait: m o� t ��lcvs Fax ZJ9- y`LS d /�9 32- (b) Additional deposit to be delivered to Escrow Agent wither (d blank, then 3) 3r days after Effective Date ............................................... I......._. .I .............................. $ 34 (All deposits paid or agreed to be paid, are collectively referred to as the "Deposit') dl�a cP 35- (c) Financing_ Express as a dollar amount or percentage ('Loan Amount") see Paragraph 8 ......... 3s- (d) Other. 37 (e) Balance to close (not including. Buyers closing costs, prepaids and prorafkm) by wire 3s• transfer or other COLLECTED funds..... .......... .... ........................._...$� 39 NOTE: For the definition of "COLLECTION" or "COLLECTED' see STANDARD S. 4o 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: 41- (a) It not signed by Buyer and Seller. and an executed copy dell vexed to all parties on or before 4r . this offer shag be deemed withdrawn and the Deposit, if any, will be returned to Buyer. 43 Unless otherwise stated, time for acceptance of any counter-offers stall be within 2 days after the day the 44 counter -offer is delivered. 45 (b) The effective date of this Contract vvill be the date when the last one of the Buyer and Seller has signed or 46 initialed this offer or final counter -offer ('Effective Date '). 47 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of tale transaction shall occur 48 - and the closing clot n required t0 furnished. by each party pursuant to this Contract shall be delivered 4s- ('Cl)sfng°j _ v/ !-T Di� o,-e, ('Closing Datel, at the time esteMshed by the Closing A/g_entt., -! Buyer's Initials al -4 43 Page 1 of 1a Seller's initiale9 � 3 FloridaRealt -ASISA Rev. SKO O 2010 Florida React rae and The Fkmta Bar. AQ dgtft reserved. _ 4% formsirrtplicity 6' w S. EXTENSION OF CLOSING DATE; s, (a) If Closing funds from Buyer's lender(s) are not available at time of Closing due to Truth In Lending Act (TIIA) 52 notice requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements, sa not to exceed 7 days. 54 (b) If extreme weather or other condition or event constituting 'Force MajetW (see STANDARD G) causes: ss (1) disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners' 56 insurance, to become unavagable prior to Closing, Closing will be extended a reasonable time up to 3 days 57 after restoration of utilities and oar services essential lo, Closing, and availablity of applicable Hazard, Wind, sa Flood or Homeowners' insurance. If restoration of such utilities or services axi availability of insurance has not 5s- occurred within (if left blank, 14) days after Closing Date, then either party may terminate this W Contract by delivering written notice to the other party, and Buyer shall be refunded the Deposit, thereby st releasing Buyer and Seller from all further obligations under this Contract. s2 -6. OCCUPANCY AND POSSESSION: Unless otherwise stated herein, Seger shall at Closing, have removed all M personal items and trash from the Property and shall deliver occupancy and possession, along with all keys, 64 garage door openers, access devices and codes, as applicable, to Buyer. If Property is intended to be rented or 65 occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shaft be disclosed pursuant 66 to STANDARD D. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from 67 date of occupancy, shalt be responsible and Gable for maintenance from that date, and shag be deemed to have 6e accepted Property in its exr condition as of time of taking occupancy - es- 7. ASSIGNABILITY: (CH ONE) Buyer ❑ may assign and thereby be released from furdw liability 7a under this Contract; may assign but tvA be released from liability under this Contract; or may not assign » this Contract 73 8.l"iNANCING_ 74• 11 A Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing 75 contingency to Buyer's obligation to close. 76' (b) This Contract is contingent upon Buyer obtaining a written loan commitment fora conveniionai ❑ FHA 7r ❑ VA loan on the following terms within (if blank, then 30) days after Effective Date ('Loan 78' Commitment Date.) for (CHECK( ON17: 0 fixed, ❑ adPstable, ❑ foxed or adjustable rate loan in 79' the principal amount of $ or % of the Purchase Price, at an initial interest rate sa- not to exceed % (If blank, then prevailing rate based upon Bayer's creditworthiness), and for a 811 term of years ('Financing'). ar Buyer will make mortgage ban application forAhe Financing within (if blank, then 5) days-after 63 Effective Date and use good faith and diligent effort to obtain a written krmt commitment for the Financing sa ('Loan Commitment) and close this Contract. Buyer shalt keep Setter and Broker fully informed about as the status of mortgage loan appfrcaWn and Loan Commitment and authorizes Buyer's mortgage broker and a6 Buyer's lender to diisciose such status and progress to Setter and Broker. 67 If Buyer does not receive Loan Commitment, then Buyer may terminate this Contract by delivering written 88 notice to Seller, and the Deposit shag be refunded to Buyer, thereby releasing Buyer and Seger from all as further obligations under this Contract so If Buyer does not deliver written notice to Seiler of receipt of Loan Commitment or Buyers written waiver of st this financing contingency, then after Loan Commitment Date Seller may terminate this Contract by 82 delivering written notice to Buyer and the Deposit shall be refunded to Buyer, thereby releasing Buyer and sa. Seiler from all further obligations under this Contract. 94 if Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract does not ss thereafter dose, the Deposit shall be paid to Seiler unless failure to dose is due to; (1) Setters default se (2) Property related conditions of the Loan Commitment have not been met (except when such conditions 97 are wvaived by other provisions of this Contract): (3) appraisal of the Property obtained by Buyer's tender is sa u:sufficleni 20 meet terms of the Loan Commitment; or (4) the loan is not funded due to financial failure of as Buyer's tender, in which event(s) the Deposit shall be returned to Buyer, thereby releasing Buyer and Seller 100 from aft further obligations under this Contact to,- 0 (c) Assumption of existing mortgage (see rider for terms). toe• ❑ (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms). , If j Buyers indiais !S AS '13 Page 2 of 10 S~9 Initials i - Fiwn eaRmsiFtorklaBar if1 Rev. 6Ji0 ® 2010 P4Ma Reat=V and The Ftor Bar A t ngiats reserved- ;W& forrnsirnplicity 103 CLOSING COSTS, FEES AND CHARGES loo 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: 105- (a) COSTS TO BE PAID BY SELLER, ER: • Documentary stamp taxes and surtax on deed, if any • 1-E0AICondominturn Association estoppel fees • Owners Pofrcy and Charges (if Paragraph 9(c)(t) is checked) • Recording and other fees needed to cure title • Tide search charges Cif Paragraph S(c t�'il) is checked) • Seller's attorneys' fees 106 If, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 for a sum equal to 125% of estimated cost to meet the AS IS Maintenance Requirement shall be escrowed at 10e Closing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall 109 pay such actual costs. Any unused portion of escrowed amount shall be retxned to Seller. 1117 (b) COSTS TO BE PAID BY BUYER: • Taxes and recording fees on notes and mortgages • Loan expenses • Recording fees for deed and financing statements • Appraisal fees • Owner's Policy and Charges Cif Paragraph 9(c)(a} is checked) • Buyer's inspections • Survey (and elevation certification, if required) • Buyer's attorneys' fees • Lender's title policy and endorsements • Alt property related insurance • HOAiCondominium Association applicationAransfer fees • Other. 11 r (c) TITLE EVIDENCE AND INSURANCE. At least (d blank, then 5) days prior to Closing Date, a title Zia insurance commfirnent issued by a Fiorfda licensed title insurer, with legible copies of instruments fisted as 113 exceptions attached thereto (`Title Commitment') and, after Closing, an owner's policy of tits insurance (see 114 STANDARD A for terms) shall be obtained and delivered to Buyer. If Seger has an owners policy of title 115 insurance covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after 11e Effect Date. TM ^- `!-'.ne.-'3 ble pew presnfe>rrn and for m • w-r's policy er �.•`�om-e+�'ne .— We searw , 117 and g services (collectively, `Owner's Policy and Charges') shah be paid, as set forth below 118 (G ECKOIdE): 11a� (t) Seller writs designate Closing Agent and pay for Owners Policy and Charges (but not including charges 120 for closing services related to Buyer's lenders policy and endorsements and loan dosing, which amounts 121 shall be pad by Buyer to Closing Agent or such other provider(s) as Buyer may select); or 12r ❑ (ii) Buyer will designate Closing Agent and pay for Owners Policy and Charges and charges for closing 123 services related to Buyer's lenders policy, endorsements, and loan dosing; or 124• ❑(iii [MIAUI- DADE/BROWARD REGIONAL PROVISION]: Seller will furnish a copy of a prior owners policy 125 of title insurance or other evidence of tide and pay fees for. (A) a continuation or update of such title evidence, 1ze which is acceptable to Buyers .title insurance tmderwriter for reissue of coverage; (B) tax search; and 127 (C) municipal lien search. Buyer shall obtain and pay for post - Closing continuation and premium for Buyers 128 owner's policy, and if apps , Buyer's lenders policy. Seller shaft not be wed to pay more than 128' $ (if blank, $200.00) for abstract continuation or title search ordered or performed by Closing 130 Agent 131 (d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyers expense, have the Real Property surveyed 132 and certified by a registered Florida surveyor CSurlrey ). If Seller has a survey covering the Real Property, a 133 copy shall be furnished to Buyer and Closing Agent within 5 des after Effective Date. 13a- (e) HOME WARRANTY: At Closirig. ❑ Buyer [] Seller ERINIA will pay for a home warranty plan issued by 135' at a cost not th exceed $ . A home 136 warranty plan provides for repair or replaceme rd of many of a home's mechanical systems and major bum in 137 appliances in the event of breakdown due to normal wear and tear during the agreement's warranty period. 138 (f) SPECIAL. ASSESSMENTS: At Closing, Seller will pay. () the full amount of Liens imposed by a public body 139 ('public body' does not include a Condominium or Homeowners Association) that are certified, confirrmed and 140 ratified before Closing; and (fl) the amount of the public body s most recent estimate or assessment for an 141 improvement which is substantially complete as of Effective Date, bull that has not resulted in a hen being 142 imposed on the Property before Closing. Buyer will pay all other assessments. If special assessunetrts may 143 be paid In instaHrnerrts (CHECK ONE): ur ❑ (a) Saner shall pay instaRmi9is due prior to Closing and Buyer shall pay installments due after 145 Closing. Installments prepaid or due for the year of Closing shall be prorated - tae- ❑ (b) Seiler shad pay the assessment(s) In full prior to or at the time of Closing. 147 IF NIFTHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED - 148 This Paragraph 9(f) shag not apply to a special benefit fax lien imposed by a community development district 140 (CDD) pursuant to Chapter 990 F.S. which ben shall be treated as an ad valorem tax and prorated pursuant to 15a STANDARD K Buyers inhiiais 1 e�� 4y, 1 -tom. - 13 Page 3 of 10 Setter's troll RoddaReattorslFlori k4w- ASiS -1 Rev. fit10 O 2010 Florida RWMX36 and The Florida Sac Au rtghts reserved. formsimplicity rs1 DISCLOSURES 1s2 10. DISCLOSURES: 153 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in 154 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 155 exceed federal and state guidelines have been found in buildings in Florida_ Additional Information regarding 156 radon and radon testing may be obtained from your county health department_ . air (b) PERMrrS DISCLOSURE: Except as may have been disclosed by Seiler to Buyer in a mitten disclosure, Ise Seller noes not know of any improvements made to the Property which were made without required 159 permits or made pursuant to permits which have not been properly closed. 160 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. if Buyer is concerned or 161 desires additional information regarding mold, Buyer should contact an appropriate professional. 162 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate wttic h flood 463 zone the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to 164 improving the Property and rebuilding in the event of casualty. If Property is in a `Special Flood Hazard Area* 165 or 'Coastal High Hazard Area' and finished floor elevation is below minimum flood elevation, Buyer may 166 terminate this Contract by delivering written notice to Seller within 20 days after Effective Date, failing which 167 Buyer accepts existing elevation of buildings and flood zone designation of Property. tee (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy - Efficiency Rating Information Brochure ass required by Section 553.596. F.S. 170 (t) LEAD-BASE] PAINT: If Property includes pre -4978 residential housing, a lead -based paint rider is 171 mandatory. 172 (g) HOMEOWNERS' ASSOCIATIONICOMMUNITY DISCLOSURE BUYER SHOULD NOT EXECUTE THIS 173 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HO#MEQMERS' 174 ASSOCIATIONICOMMUNITY DISCLOSURE, IF APPLICABLE 176 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 176 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED 177 TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 178 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 179 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 1ao COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. lei (i) TAX WITHHOLDING: If Seller is a 'foreign person' as defined by the Foreign trnrestment In Real Property Tax 182 Act CFIRPTA'), Buyer and Seller will comply with FIRPTA, which may require Seiler to provide additional cash 183 at Closing - 184 U; SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are 165 not readily observable and which have not been disclosed -to Buyer. Except as stated in the preceding sentence 186 or otherwise disclosed in writing: (1) Seiler has received no written or verbal notice from any governmental 187 entity or agency as to a currently uncorrected building, environmental or safety code violation; and (2) Seller 188 extends and intends no warranty and makes no representation of any type, either express or implied, as to the 189 physical condition or history of the Property. . 190 PROPERTY MAINTENANCE, CONDITION, INSPECTION$ AND EXAMINATIONS 191 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall mairitain the 192 Property, including, but not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date 193 ('AS IS Maintenance Requirement). 194 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 195 (a) PROPERTY INSPECTIONS AND RIGHT TO CMCEL: Buyer shall have (if blank, 15) days from 196 Effective Date (Inspection Period°) within which to have such Inspections of the Property perfornred 197 as Buyer shall desire during the inspection Period !f Buyer determines, In Buyer's sole discretion, that 1ss the Property is not acceptable to Buyer, Buyer pray terminate ties Contract by deiryerrrrg written notice 189 of such election to Seller prior to expiration of Inspection Period. If Buyer timely terminates ibis zoo Contract'; the Deposit paid shall be immedliately returned to Buyer, thereupon, Buyer and Seller shall 201 be released of all further obfigaa£ioons under this Contract; however, Buyer shall be responsible for 2011 prompt payment for such inspections, for repair of damage to, and restoration of, the Property 2= resulting from surh ink, and shaft provfda Seger with paid receipts for all work done on the 204 Property {tire preceding provision shall survive ferminaiion of this Contract). Unless Buyer exercises 205 the right to terminate granted hetsaln, Buyer accepts the physical condition of the Property and any 206 violation of govemmenlat, building, enwronmerrfal, and safety codes, restrictions, or requirements, but 207 subject to Setter's continuing AS IS Maintenance Requirement, and Buyer shall be responsible for any 208 and all repairs and improvements required by Bayer's tender. Suyees Initials Q'' . Z 4'n-L3 Page 4 of 10 Sakes trams o RoMWZL -aft s 1ori 9;r-ASrS -1 Si§v 6110 0 2(110 FioMa 12t:att ors® and Tice FW da San- Al rights rnseroed ;p forr nsimplicity r 209 (b) WALK-THROUGH INSPECTIONIRE- INSPECTION: On the day prior to Closing Date, or on Closing Date prior 210 to time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk- through (and 211 follow -up walk- through, W necessary) inspection of the Property solely to confirm that all items of Personal 212 Property are on the Property and to verify tt>at Seller has maintained the Property as required by the AS IS 213 Maintenance Requirement and has met all other contractual obligations. 214 (c) SELLER ASStSTANCE AND COOPERATION IN CLOSE -OUT OF BUILDING PERMITS: tf Buyer's 215 inspection of the Property identifies open or needed building permits, then Seth shall promptly deliver to 216 Buyer all plans, written documentation or other information in Seller's possession, knowledge, or control 217 relating to improvements to the Property Which are the subject of such open or needed Permits, and shall 218 promptly cooperate in good faith with Buyer's efforts to obtain estimates of repairs or other work necessary to 219 resolve such Permit Issues. Seler's obligation to cooperate shall include Sefier's execution of necessary 220 authorizations, consents, or other documents necessary for Buyer to conduct inspections and have estimates 221 of such repairs or work prepared, but in fulfilling such obligation, Seller shatI not be required to expend, or 222 become obligated to expend, any money_ 223 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and 224 cost, Seiler will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties 22s to Buyer. 226 ESCROW AGENT AND BROKER 227 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively 'Agent) receiving the Deposit, other funds 22s and other items Is authorized, and agrees by acceptance of then, to deposit them promptly, hold same in escrow 2z within the State of Florida and, subject to COLLECTION, disburse them in accordance with terrr+s and conditions 230 of this Contract. Failure of funds to become COLLECTED shag not excuse Buyer's performance. When conflicting 231 demands for the Deposit are received, or Agent has a good faith 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 of t'atiities under th1s Cor.tra y Agent -may, ai Age is ^vFwry continue to hold the subject matter of the escrow 234 until the parties agree to its disbursement or uritil a final judgment of a court of competent jurisdiction shall 235 determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction 236 of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such 237 action- Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, 238 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 resolve 240 escrow diisputes through • mediation, arbitration, inierpte-ader or an escrow disbursement order. 241 Any proceeding between Buyer and Seller whetter Agent is made a party because of acting as Agent hereunder, 242 or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable 243 attorney's fees and costs incurred, to be paid pursuant to court order out of the escrowed funds or equivalent. 244 Agent shall not be liable to arty party or person for mis- defrvery of any escrowed items, unless such mis- detrvery is 245 due to Agent's wilful breach of this Contract or Agents gross negligence. This Paragraph 13 shall survive Closing 2a6 or termination of this Contract. 247 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seiler to verify Property condition, tae square footage, and 211 other facts and representations made pursuant to this Contract and to consult appropriate 249 professionals for legal, tax, environmental, and otter specialized advice concerning matters affecting the Property 260 and the transaction contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the 251 Property and that al representations (oral, written or otherwise) by Broker are based on Seller representations or 252 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTOR5 AND M GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SWARE FOOTAGE AND 264 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, 255 . WRITTEN OR OTHERWISE) OF BROKER Buyer and Seller (individually, the 'indemnifying Party') each 2W Individually indemnifies, holds harmless, and releases Broker and Broker's officers, directors, agents and 257 employees from all liability for loss or damage, including all costs and expenses, and reasonable attorney's flees 25e at all levels, suffered or incurred by Broker and Broker's officers, directors, agents and employees in connection 259 with or arising from claims, demands or causes of action instituted by Buyer or Setter based on_ n inaccuracy of 260 information provided by the Indemnifying Parry or from public records; n Indemnifying Party's misstaternent(s) or 261 failure to perform contractual obligations; (ru3 Broker's performance, at Indemnifying Party's request, of any task 262 beyond the scope of services regulated by Chapter 47$, F.S., as amended, irxiudmg Brokers referral, 263 recommendation or retention of any vendor for, or an behalf of, indemnifying Party; Qv) products or services 264 provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by any such 265 vendor. Buyer and Seller each assumes full responsibility for selecting and Compensating their respective vendors 266 and paying their other costs under this Contract whether or not Uft transaction doses. This Paragraph 14 win not 267 relieve Broker of statutory obligations raider Chapter 475, F-S., as amended. For purposes of this Paragraph 14, Buyer's Initials "" ' (� Page 5 of 10 Seller's Initials6rc� V "Z D '1 FtoridaReattors*1or1daBw- ASIS -1 Rev. 6f10 0 2010 Florifa Rearinrst3 and The F10 ida Bar. Al rfg = reserved. formsimplicity 266 Broker will be treated as a party to this Contract This Paragraph 14 shag survive Closing or termination of this 269 Contract 270 DEFAULT AND DISPUTE RESOLUTION 271 15. DEFAULT: 272 (a) BUYER DEFAULT: "tf Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, z73 including payment of the Deposit, within the time(s) specified, Setter may elect to recover and retain the V4 Deposit for the account of Setter as agreed upon liquidated damages, consideration for execution of this 276 Contract, and in full settlement of any claims, whereupon Buyer and Seller shall be relieved from ail further 276 obligations under this Contract or Seger, at Seler's option. may, pursuant to Paragraph 16, proceed in equity W7 to enforce Seller's rights under this Contract The portion of the Deposit, if any, paid to Listing Broker upon 270 default by Buyer, shag be split equally between listing Broker and Cooperating Broker; provided however, 279 Cooperating Broker's share shag not be greater than the commission amount Listing Broker had agreed to pay 260 to Cooperating Broker. 1 261 (b) SELLER -DEFAULT: If for any reason other than failure of Seger to make Setter's tide marketable after 282 reasonable diligent effort, Seiler fad, neglects or refuses to perform SeWs obligatims under this Contract 2s3 Buyer may elect to receive return of Buyers Deposit without thereby waiving any action for damages resulting 264 from Setter's breach, and, pursuant to Paragraph 16, may seek to recover such damages or seek specific zee performance. This Paragraph 15 shag survive Closing or termination of this Contract 2m 16. DISPUTE RESOLUTION: Unresolved controversies. claims mid other matters in question between Buyer and sal Seller arising out cif, or relating to, this Contract or Its breach, enforcement or interpretation (`Dispute") will be 2s6 settled as follows: 2M (a) Buyer and Seger will have 10 days after the date contesting demands for the Deposit are made to attempt to 290 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under 291 Paragraph 16(b). cis u! Buyer and Seller vta.o attempt to settle % LiSpUt�S u. ^i o,m:aui; m4rTBi uiu u-5 iclu�uw1 pi,F,s'tiia r-it to t"lfiitdia 293 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as arriended (the `Mediation Rules). 294 The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be Zia sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 zW may be resolved by institutirhg action in the appropriate court having jurisdiction of the matter_ This Paragraph 16 297 shag survive Closing or termination of this Contract. 2a 17, ATTORNEY`S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted 299 by this Contrarf, and each party hikg pay their own costs, expenses and fees, including attorney's fees, incurred In 3o conducting the mediation. In any litigation permitted by this Contract, the prevailing party shag be entitled to 301 recover from the norh- prevailing party costs and fees, eluding reasonable attorney's fees, incurred m conducting 302 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract 303 STANDARDS FOR REAL ESTATE TRANSACTIONS (- STANDARDS") 3o4 18. STANDARDS: 36s A. TITLE: . 3oe (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in 3o7 Paragraph 9(c), the Tiife Commfent, with legible copies of instruments listed as exceptions attached thereto, shag 3w be issued and delivered to Buyer. The Title Commitment shall set forth those platters to be discharged by Setter at or 3w before Closing and shall provide that upon recording of the deed to Buyer, an owners policy of title ktaurance in the 310 amount of the Purchase Price, shah be issued to Buyer insuring Buyers marketable title to the Real Property, sit subject only to the following matters: (a) c =prehensi've land use plans, zoning, and other land use restrictions, 312 prohibitions and requirements iirtposed by governmental authority; (b) restrictions and matters appearing on the Plat 313 or otherwise comrrion to the subdivision; (c) outstanding oll, gas and mineral rights of record without right of entry; 314 (d) unptatted public. utility easements of record (located contiguous to real property rates and not more thigh 10 feet in 315 width as to rear or front lines and 7 112 feet In width as to side lutes); (e) taxes for year of Closing and subsequent 316 years; and (f) assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum); 317 provided, that none prevent use of the Property for RESIDENTIAL PURPOSES. If there exists at Closing any wo violation of items identified in (b) - (#) above, itien the same shall be deemed a title deft. Marketable title shag be ohs determined according to applicable ittle Standards adopted by authority of The Florida Bar and in accordance with 320 law. 321 (ii) TITLE EXAMINATION: Buyer shag have 5 days after receipt of Title Commitment to examine it and notify 3a2 Seller in writing specifying defect(s), if any, that render title unmarketable. If Seger provides Title Commitment and it 3z3 is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after 324 date of receipt to examine same in accordance with this STANDARD A. Seger shag have 38 days (`Cure Period) 32s afSer receipt of Buyer's notice to take reasonable diligent efforts to remove defects. If Buyer fags to so notify Seger, 325 " Buyer shall be deemed to have accepted title as it then Is. If Setter cures defects within Cure Period, Seiler will buyer's lnitials bird e �= (3 Page 6 of 10 Seller's lnitiaiy b'0 tY Z6' t FtoridaReaitorsiF aSar- ,ASkS -1 Rev 6110 ®2010 Florida Reafton;0 aid The Rwida Bx. AN tigt45 ;�St formsimplicity 327 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 32s deliver written notice to Buyer (with prof of core acceptable to Buyer and Buyer's attorney) and the parties will 329 dose this Contract on Closes Date (or if Closing Date has passed, wtthtn 10 days after Buyer's receipt of Seller's 3m notice). If Setter is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of 331 Cure Period, deliver written notice to Seger. (a) extending Cure Period for a specified period not to exceed 120 days 332 within which Seller shall -continue to use reasonable diligent effort to remove or cure the defects ("Extended Cure sm Perlocn; or (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date 334 has passed, within the earlier of 10 days after end of Extended Cure Period or Buyer's receipt of Seller's notice), or 335 (c) electing to terminate this Contract and receive a refund of the Deposk thereby releasing Buyer and Setter from 3w all further obligations under this Contract. If after reasonable diligent effort, Seiler is unable to timely we defects, 337 and Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 33a thereby releasing Buyer and Setter from all further obligations under this Contract.. 339 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon 34o encroach on setback lines, easements, or lands of others; or violate any restrictions, covenants, or applicable 341 governmental regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shalt deliver written notice of such 342 mars, together with a copy of Survey, to Seiler witwn 5 days after Buyer's receipt of Survey, but no later than 343 Closing. If Buyer timely delivers such notice and Survey to Seller, such rulers identified in the notice and Survey 344 shall constitute a title defect, subject to cure obligations of STANDARD A above. if Seiler has delivered a prior 345 survey, Seller shall, at Buyers request, execute an affidavit of 'no change to the Real Property since the 34e preparation of such prior survey, to the extent the affirmations therein are true and- correct. 347 C_ INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to 345 the Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. 349 D. LEASES. Seiler shall, within 5 days after Inspection Period, furnish to Buyer copies of all written leases and 35o estoppel letters from each tenant specifying nature and duration of tenants occupancy, rental rates, advanced rent '.S an security die- d by 4 e ex �.. in r_ 1 i3`�� i� 7 . °rnarrf„ and .:Y.xS.'rne �� ...,pL^Se 3�3teier w tvr }+ivw""-a�iin,3 t� titGtiii"tS t Lo35c 3s? information'). If Seer is unable to obtain estoppel levers from tenant(s), the same inform atian shad be furnished by 353 Seller to Buyer within that time period in the form of a Seders affidavit, and Buyer may thereafter contact tenant(s) 354 to confirm such Information. If terms of the lease(s) differ materially from Setter's represeruations, Buyer may deliver 355 written notice to Seller within 5 days after receipt of Lease Information, but no later than 5 days prior to Closing ass Date, terminating' this Contract and receive a refund of the Deposit, thereby releasing Buyer and Setter from all w7 further obligations under this Contrail. Seller shall, at Closing, deliver and assign all original teases to Buyer who - 3w shad assume Seller's obligation thereunder. 359 E. LIENS: Seller shat furnish to Buyer at Closing an affidavit attesting; (i) to the absence of any financing 3% statement, claims of Gen or potential tenors known to Seller, and (u that there have been no Improvements or repairs 361 to the Real Property for 90 days immediately preceding Closing Date. If the Real Property has been improved or 382 repaired within that tine, Seller shall deliver releases or waivers of construction hens executed by all general 353 contractors, subcontractors, suppliers and materialrnen in addition to Seder's lien affidavit setting forth names of all 3s4 such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for ass improvements or repairs which could serve as a basis for a construction Oren or a claim for damages have been paid ass or will be paid at Closing- sir F. TME: Calendar -days shad be used in computing time periods. Any time periods provided for in this Contract 36a which shall end on a Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5:00 p.m. sits (where the Property is located) of the next business day_ Time is of Ittt a essernce In this Contract 37o G_ FORCE MAJEURE: Buyer or Seller shag not be required to perform any obligation under this Contract or be 371 liable to each other for damages so tong as performance or non - performance of the obligation is delayed, caused or 372 prevented by Force Majeure. 'Force Majeure' means: hurricanes, earthquakes, floods, tire, acts of Gil, unusual 373 transportation delays, wars, Insurrections, acts of terrorism, and any other cause not reasonably within control of 374 Buyer r or Seiler, and which, by exercise of reasonable dent effort, the non - performing party is unable in whole or in 37s part to prevent or overcome_ Ad time periods, including Closing Date, wd4 be extended for the period that the Force 376 Majeure prevents performance under this Contact, provided, however, if such Force Majeure continues to prevent 377 performance under this Contract more than 14 days beyond Closing Date, then either party may terminate this 3n Contract by delivering written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer 379 and Seiler from all further obligations under this Contract. Sao Ft. CONVEYANCE Seller shall convey marketaie title to the Real Property by statutory warranty, trustees, 361 personal representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described w2 in STANDARD A and those accepted by Buyer. Personal Property shag, at request of Buyer, be transferred by w3 absolute bid of sale with warranty of title, subject only to such matters as may be provided for in this Contract. 394 t. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE: sae (i) LOCATION: Closing will take place in the county where the Real Property is located at the office of the m attorney or other dossing agent ('Closing Agent) designated by the party paying for the kZ owner's pokey of title�t Buyer's lnitialsE, a f 3 Page 7 of 10 Seltei's lsatiats Gl - l FioWaReatt=fflbrida8ar -A81&1 Rev. aiTO0201OFkadaFWaurAandTtieFkxwsw . All rgtrls reserved. ;NK formsimplicity 397 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 395 insurance, or, if no title insurance, designated by Seller. Closing may be conducted by mail or electronic means. ass (€i) CLOSING DOCUMENTS: At Closing, Seller shat( fumish and pay for, as applicable, deed, bill of sale, 390 certificate of title, construction lien of davit, owner's possession affidavit, assignments of leases, and corrective 391 instruments. Seller shall provide Buyer with paid receipts for all work dude on the Property pursuant to this Contract. 392 Buyer shall furnish and pay for, as applicable, mortgage, mortgage note, security agreement, financing statements, 393 survey, base elevation certiflaation, and other documents required by Buyer`s lender. w4 (lri) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Idle ass Commitment provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the n6 escrow closing procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to 397 COLLECTION of all closing funds, disburse at Ckxsing the brokerage fees to Broker and the net sale proceeds to we Seller. - 3w 3. ESCROW CLOSING PROCEDURE. If Title Cotmitment issued pursuant to Paragraph 9(c) does not provide 40o for insurance against adverse matters as permitted under Section 627.7841, F.S., as amended, the following escrow 4o1 and closing procedures shall apply: (1) all Closing. proceeds shall be held in escrow by the Closing Agent for a period 4m of not more than 10 days after Closing; (2) if Seller's tilde is rendered unmarketable, through no fault of Buyer, Buyer 403 shall, within the 10 day period, notify Seiler in writing of the defect and Seller shaft have 30 days from date of receipt 4o4 of such notification to cure the defect; (3) if Seiler fags to timely cure the defect, the Deposit and all Closing funds 4as paid by Buyer shag, withh 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with 4oe such repayment, Buyer shall return the Personal Property, vacate the Real Property and re- convey the Property to 4o7 Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the 408 Deposit, Buyer shalt take title as is, waiving all rights against Seller as to any intervening defect except as may be 4as available to Buyer by virtue of warranties contained in the deed or bili of sale. 410 K. PRORAT€ONS; CREDITS; The following recurring items will be made current frrf applicatoie) and prorated as of 411 the day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Crate: real estate taxes 41z (including special benefit tax assessments imposed by a CDD), interest, bonds, association fees, insurance, rents 413 and other expenses of Property. Buyer shaft have option of taking over existing policies of insurance, If assumable, in 414 which event premiums shalt be prorated. Cash at Closing shag be increased or decreased as may be required by 415 prorat€ons to be made through day prior to Closing. Advance rent and security deposits, if any, will be credited to 418 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. If Closing 418 occurs on a date when current year's mitlage is not fixed but current year's assessment is available, taxes will be 41e prorated based upon such assessment and prior years millage. If current yews assessment is not available, then 4n taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st of 421 year of Closing, which improvements were not in existence on January 1st of prior year. then taxes shall be prorated 4z2 based upon prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, 4m request shall be made to the County Property Appraiser for an informal assessment taking into account available 424 exemptions. A tax proration based on an estimate, shalt, at either party s request, be nested upon receipt of 42s current year's tax bill. This STANDARD K shall survive Closing. 425 L ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller Orr shall, upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, 4n including a walk-through (or follow -up walk - through if necessary) prior to Closing. 4m M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by fire or other casualty 430 ("Casualty loss') and cost of restoration (which shall include cost of pruning or removing damaged trees) does not 431 exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seiler and Closing shall proceed 432 pursuant to terms of this Contract. If restoration is not c ompieted as of Closing, a stun equal to 125% of estimated 433 cost to complete restoration (not to exceed 1.5% "of Purchase Price), will be escrowed at Closing. If actual cost of 434 restoration exceeds escrowed amount, Seller shall pay such actual costs (but, not to excess of 1.5% of Purchase 43s Price). Any unused portion of escrowed amourd shall be returned to Seller. if cost of restoration exceeds 1.5% of 43s Purchase Price, Buyer shag elect to either take Property 'as is' together with the 1.5%, or receive a refund of the 437 Deposit, thereby releasing Buyer and Seller from ati further obligations under this Contract Setter's sole obligation 438 with respect to tree damage by casualty or other natural occurrence shag be cost of pruning or removal. 4w N. 1031 EXCHANGE: if either Seiler or Buyer wish to enter Into a Ike-kind exchange (either simu€taneous• arith "o Closing or deferimd) under Section 1031 of the Internal Revenue Code (Exchanger, 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 liability or expense related to the Exchange, and Closing shag not be contingent 443 upon, nor extended or delayed by. such Exchange. 444 4. CONTRACT NOT RECORDABLE; PERSONS SOUND; NOTICE; COPIES: Netiher this Contract nor any 44s notice of ti shall be recorded in any public records. This Contract shall be binding on, and inure to the benefit of, the 448 parties and ih& res a heirs or succe�7ssom in interest. Whenever the context permits, singular stay irelude-�pllural Buyers Initials �a li-Z& —(3 page 8Of 10 Sellersrnitialsa7 FroridaReaRar&+- kxida8ar- A9IS -1 Rev. &100 2010 Florida RealtorsA and The Florida liar" All rights reserved. ;;J& formsirnplicity 447 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 446 and one gender shall include ail. Notice and delivery given by or to the attorney or broker (including shin'► brokers real 449. estate licensee) representing any party shall be as effective as if given by or to that party. All notices must be in 450 writing and may be made by mail, personal delivery or electronic ('aududing 'pdi') media. A legible facsimile or 451 electronic (including'pdf) copy of this Contract and any signalises hereon shall be considered for all purposes as an 452 original. 453 P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement 454 of Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 455 representations shall be birldrig upon Buyer or Seller unless included in this Contract No modification to or change 45s in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended 457 to be bound by it 4sa Q. WAIVER: Failure of Buyer or Seger to insist on compliance with, or strict performance of, any provision of this 4se Contract, or to take advantage of any right under thin Contact, shall not constitute a waiver of other provisions or 46o 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 conflict with them. 4E3 S_ COLLECTION or COLLECTED: "COLLECTION- or COLLECTED- Runs any checks tendered or received, 464 including Deposits, have become actually and finally cc>llecied and deposited in the account of Escrow Agent 4s5 or Closing Agent. Closing and disbursement of funds and delivery of Closing documents may be delayed by 486 Closing Agent until such amounts have been COLLECTED in Closing Agent`s accounts_ 487 T. LOAN COMMITMENT: "Loan Commitmeff means a statement by the tender setting forth the terms and 4m conditions upon which the tender is willing to make a particular mortgage loan to a particular borrower. ass U. APPLICABLE LAW AND VENUE: This Contract shale be construed in accordance with the lawns of the State of 47o Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall he in the county in 471 which the Real Property is located. 472 X. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller an4 to the extent permitted by 473 law, against any real estate licensee Involved in the negotiation of thus Conbwt, for any defects or other 474 damage that may exist at Closing of this Contract and be subsequently c0scoveted by the Buyer or anyone 475 claiming by, through, under or against the Buyer. 476 ADDENDA AND ADDITIONAL TERMS 477 19. ADDENDA: The following additional terms are included in the attached addenda and 'incorporated into this 47w Contract (Check if app6eabie): ❑ A. Condominium Assn. ❑ L RESERVED ❑ B. Homeowners' Assn. Approval ❑ C. Seller Financing © M. Defective Drywall ❑ D. Mortgage Assumption ❑ N. Coastal Construction ❑ E. FHANA Financing Control Line ❑ F. Appraisal Contingency ❑ O. Insulation Disclosure ❑ G. Short Sale ❑ P. Pre -1978 Housing ❑ H. Homeowners' insurance Statement (Lead ❑ 1. FIRPTA Based Pain) ❑ J. Interest- Bearing Acct. ❑ Q. Housing for Older ❑ K. RESERVED Persons 479' 20. 490' 481' 4ar _r 483' 484' 485' 486' 48r 488' 489' 490' 491• e ❑ R. Rezoning ❑ Y. Sellers Attorney ❑ S. Lease Purchase/ Approval Lease Option ❑ Z Buyer's Attorney ❑ T. Pre - Closing Approval Occupancy ❑ AA Licensee- Personal ❑ U. Post - Closing Interest iri Property Occupancy ❑ BB. Binding Arbitration ❑ V. Sale of Buyer's ❑ Other Property ❑ W.Back -up Contract ❑ X Wick-out Clause 492' 493' Buyer's Initials LP- u!- Page 9 of 10 Sellers Initiats 04 IK6_ FloddaR r 1S -1 Rev. 6t10 A 2010 Florida Realtors® and The Florida Bar. All d9itts resemd. 41t formsimplicity VULLOOK AddwWw, Na -Z m fhb C Wti a contnrAing the pctperty dewbrC es yy �1,a `Corrt�aa�. � ena seller n�ske uw,+0lowrg �onm era aa,dllon� n,�do. urmArat„ usame�r�evvw�neerwpo� AfiSk3 IIIM f� cis" tow Asmmmm CO RLV^mo N https://bay169.uuW.Iive.com/maiVViewOfficePreview Page 1 of 1 me" mupm . E, 1 te... sn/2013 INSTR 4653088 OR 4760 PG 1651 RECORDED 21112012 1:02 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $27.00 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. T HI S iNDEN i iJ"tcE, BLOCKER, a.k.a. KENNE KENNY BLOCKER, and B. Grantor, whose address is j COMYMRCIAL RENT f! address is 1303 Newmarket WITNESSETH THA _— day o ' 2012, between KENNETH R, a.k.a. H J. BLOCKER, SR., a.k.a. WER- ,O -wLa. B J. BLOCKER, his wife, E ee;' Florida 34142 to K & B r e icO�pany, Grantee, whose mailing 1 a34 Z THE GRANTOR, for an r tjc r sideration of the o`�TEN ($10.00) DOLLARS AND OTHER GOOD AND VALUABL 5�, and paid by the Grantee, the receipt of which is hereby acknowledged, has by r�s� 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 PIat 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 thereofas 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. C:1Users\PubliclTKBLAWAar1DEEDS \Special Warranty\Blocker, K &B —K &B Commerc.Rentals5.wpd n 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 d arallel with Ninth Street 50.0 feet to the south right of way lin Point of Beginning; thence continue southerly along s 60.00 feet; the erly and parallel with State Road 29, 53.0 feet; the a erl and parallel with in Street 65.0 feet; thence easterly and parallel ' Ste d2 , thenc no erly and parallel with Ninth Street 95.0 feet o e f R ad 29; thence easterly along said right of y 1' e 5. e tt i ' R. Subject to easements, r ctions and re record as well as to an dine real TO HAVE AND TO HOLD the E" and other matters of 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:\ Users \Public \77,BLAW�Ar\DEEDS'Special Wamrity0ocker, K&B —K&B Comm=.RrntaW.wpd 9-2 * ** 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: (Signs =�G" (Print) KENNETH J. (Sign) (Print) P.r to s a M • CLor -L BARBARA J. SWORN TO AND KENNETH J.BLOCKER have produced Florida Driv day of January, 2012, by ;rsonally known to me Dor C.1 Users\Public \TKBLAW\ar1DEEDS\Spe ial Wscm y0ocker.K&B —K&B Commerc.RenMW.wpd 0 n CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION AFFIDAVIT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net We /I, Kenny Blocker being first duly sworn, depose and say that we /I 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 /01111 as our /my representative in any matters regarding this Petition. Si nature of Property Owner Kenny Blocker Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this _ day of 200! g -, by - !^_�±ei.sL< -------- who is personally known to me or has produced ------- ----- ---- ---- --- -as identification. Z�v Cor County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION State of Florida of County of Collier 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net (Signature of Notary Public - State ,�ptYP••., Oscar Lascano Florida) cCOMMISSION #DD959762 0c ' EXPIRES: FEB, 09, 2014 % ` „� ;;;:•° www.AARONNoTARtmm ------------------- - -- (Print, Type, or Stamp Commissioned Name of Notary Public) CN � LEGEND 'MEMO. SIS Sal EAS NOTES W—M W Jul. 29, 2013 3:07PM COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIOW PLANNING AND REGULATION No, 0634 P. 1 Co CoCounty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 WWW,COLLILRGOV,NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239 - 252 -6724 or submit in person to the Addressing Department at the above address, Form must be aigned by Addressing personnal prior to pre - anolication meeting, please allow 3 days for processing. Not all items will apply to every project, Items in bold type are required, and MUM13ERS MUST BE PROVIDED, Forms oldeT 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 (ype) ❑ BL (Blasting Permit) Bb (Boat Dock Extension) ❑ Carnivai/Circus Permit El CU (Conditional Use) ❑ EXP (Excavation Permit) ❑ FP (Final Plat ❑ LLA (Lot Line Adjustment) ❑ PNC (Project Name Change) ❑ PPL (Plans & Plat Review) ❑ PSP (Preliminary Subdivision Plat) Cl PUD Rezone Q RZ (Standard Rezone) Q SDP (Site Development plan) ❑ SDPA (SDP Amendment) ❑ SDPI (Insubstantial Change to SDP) ❑ SIP (site improvement Plan) ❑ SIP[ (Insubstantial Change to SIP) ❑ SNR (Street Name Change) ❑ SNC (Street Name Change — Unplatted) ❑ TDR (Transfer of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ OTHER LEGAL DESCRIPTION of subject property or properties {copy of lengthy description may be attached) Cersons Blk 6 Lots 1 t 6 Less R/W OR 1746 PG 627 747 A 29 S FOLIO (Property ID) NUMBElt(s) of above (attach to, or associa(e with, legal descrip(ion it more than one) 25582440008 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) NIA a LOCATION MAP must be attached showing exact location of projecl/site in relation to nearest public road right - of -way a SURVE=Y (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (Ifapplicabla) Patel Building PROPOSED STREET NAMES (if applicable) NIA SITE DEVELOPMENT PLAN NUMBER (for existing projects/sifes only) gpp_._ orARorPL# Jul.29. 2013 3;07PM COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION[ PLANNING AND REGULATION No. 0634 P. 2 c*ev County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 262.2400 FAX (239) 2625724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominlum documents (11 application; indicate whether proposed or existing) NIA Please Check One, 19 Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME; phoenix Assoc. of S. FL, Inc. - Chris Lascano PHONE 2390- 5Q6 =941 11 J�Ax 239 =5916-2637 Signature on Addressing Checklist does not constbte Project and /or Street Name approval and Is subject to further review by the Operations Department. OPEN FOR STAFF USE ONLY ,I FLN Number (primary) Fallo Number Folio Number Folio Number Approved by; pate: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED VICINITY MAP 2 of �Ve AI ^nr, Are N 2rtdA-,c N 21 Ave N 2nd : Id z Z sL+ Y cn � Z IP i in z a. c� Jr ^ J� 918 cn N Cotolinz: Terrace aim Mi RRnc hitn I" Ceart 8: Cake f 1 Irnmokaler St Wtheds Friendship Houoc Noux W Main St -ct NAPA PUto'artt Broth - Inmo<alee srroi Arran Parts t:ulteras Inc Tattoo SITE i V) veronica Ln s, n 'r a V C Boston Ava Baston Ave G00 1 OUr Odr of G uadRlu Fr CRthclic Church CINimim. Miyi e Assooiell W Main :A l%9) Lolano's f1 Mexican in o u. F7 rn a rr. Doson Ave D-jatur 1 Are Nielsen M � Hcacnrch 81 AFFIDAVIT Well, Shivshakti One, LLC - Thakor Patel 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. 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 Well further authorize Phoenix Associates of South Florida, Inc. to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner Thakor Patel Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged befQr�e me this (-) C7 day of known to me OF has produced as identification. State of Florida (Signature of Notary Public - State of Florida) County of Collier .v.., . 0g0.Y P4bi REBECCA NIELS Notary Stamp Mec Commission # EE 878565 My Commission Expires lebruary 26, 2017 F IT eel �wwa„i®m +.xa mnnw� m+a.na�w.,� om,� r®u p „, s \ C / t •Ad I Bo6l000€'WO,nd� um ��>y�w+yn w�n ®>�m�'ey ae°�'imw wum 3��l �JFAP IYM IIP(rtq PAe+IN 'asq.ma my m,w�°��e'�w++�Nni=,o�� 'fir;,�� Ste'., 7D:All 0 ��. . n'..q.m em��w O .o = oibo' 133HS213/�O� �'n�'> js�Cic of- £loZAll/60a J :oN 9of �. 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