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HEX Backup Documents 04/09/2015COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS APRIL 9, 2 015 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, APRIL 9, 2015 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 EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION 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: March 12, 2015 4. ADVERTISED PUBLIC HEARINGS: A. PETITION VA- PL20150000385 — Petitioner, Capri Christian Church, Inc., requests a variance pursuant to LDC Section 9.04.00 and seeks relief from LDC Section 4.06.02 CA, to allow a 7 -foot wide Type "D" landscape buffer instead of the required 10 —foot wide buffer for developments adjacent to a road right -of -way; from LDC Section 4.06.02 C, Table 2.4, to allow a 7.5 -foot wide rear yard and 8 -foot wide side yard Type `B" landscape buffer instead of the required 15 -foot wide buffer for residential single - family properties adjacent to residential single - family properties; from LDC Section 5.03.02 H, to remove the requirement for a wall to be constructed on a nonresidential development that is contiguous to a residential development; from LDC Section 4.05.02.L., to allow one -way aisle in parking lots with 90 degree parking to have a minimum 20 -foot aisle width instead of the required 22 -foot aisle width; from LDC Section 4.05.02 B.1, to allow grass parking access aisles to be made of shell instead of paved; from LDC Section 4.05.02 G, to remove the requirement that off - street parking spaces must be striped or marked; and from LDC Section 4.05.02 I., to remove the requirement that one -way off -street parking aisles must have painted arrows, for a church off -site parking lot consisting of 0.30± acres in a Residential Single - Family (RSF -4) zoning district, located on Lots 429 and 430 of Isles of Capri No. 2 subdivision in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] B. PETITION NO. BD- PL20130002460 — Robert Barbarossa requests a 36.1 -foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 56.1 feet to replace and expand the existing docking facility and add a boat lift for the benefit of Lot 2, Bayfront Gardens subdivision, located within the Lely Barefoot Beach PUD, Ordinance No. 85 -21, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] C. PETITION NO. BD- PL20140002207 — Real Estate Technology Corporation of Naples requests a 10 -foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 30 feet to accommodate a 9 -slip boat dock for the benefit of Dockside Residential Planned Unit Development, Ordinance No. 14 -16, located east of Collier Boulevard (CR 951) on Henderson Creek Drive in Section 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 6± acres. [Coordinator: Fred Reischl, AICP, Principal Planner] D. PETITION NO. PDI- PL20140002611— My Other Place, LLC requests an insubstantial change to Ordinance No. 03 -26, the North Naples Research and Technology Park Planned Unit Development ( "PUD ") to increase the maximum number of permitted workforce housing dwelling units, to reduce the acreage for the non - target use area, to increase the acreage for the target use area, and to amend the PUD Master Plan to accurately reflect the current lot configuration. The subject property consists of 19.3± acres of land located on the west side of Old U.S. 41, just south of the Lee /Collier County line in Section 10, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN March 06, 2015 (HEX) VA-PL20150000385 April 9, 2015 Capri Christian Church, Inc. Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 20, 2011 and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division, 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. Tease reference the q 2 wing (; AFL InXoia es. [Zoning Services Section} FUND & COST CENTER: 131 - 138326 - 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authdriz2' besignee signature for HEX Advertising PL 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, April 9, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION VA- PL20150000385 — Petitioner, Capri Christian Church, Inc., requests a variance pursuant to LDC Section 9.04.00 and seeks relief from LDC Section 4.06.02 CA, to allow a 7 -foot wide Type "D" landscape buffer instead of the required 10 —foot wide buffer for developments adjacent to a road right -of- way; from LDC Section 4.06.02 C, Table 2.4, to allow a 7.5 -foot wide rear yard and 8 -foot wide side yard Type "B" landscape buffer instead of the required 15 -foot wide buffer for residential single - family properties adjacent to residential single - family properties; from LDC Section 5.03.02 H, to remove the requirement for a wall to be constructed on a nonresidential development that is contiguous to a residential development; from LDC Section 4.05.02.L., to allow one -way aisle in parking lots with 90 degree parking to have a minimum 20 -foot aisle width instead of the required 22 -foot aisle width; from LDC Section 4.05.02 B.1, to allow grass parking access aisles to be made of shell instead of paved; from LDC Section 4.05.02 G, to remove the requirement that off - street parking spaces must be striped or marked; and from LDC Section 4.05.02 I., to remove the requirement that one -way off - street parking aisles must have painted arrows, for a church off -site parking lot consisting of 0.30± acres in a Residential Single- Family (RSF -4) zoning district, located on Lots 429 and 430 of Isles of Capri No. 2 subdivision in Section 32, Township 51 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida CA (A O O 9 _ c) D r rn � � — N Cfl CA N C) Z7 co cn N 0 2 O � N o F O -v N °° D O M (S. R. 951) O COLLIER BOULEVARD Z D C7 CA PDX D p m n J �0 Acct #076397 March 9, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA- PL20150000385 Capri Christian Church (Display Ad w /Map) Dear Legals: Please advertise the above referenced notice (w /Map) Friday, March 20, 2015 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500154426 March 06, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 20, 2015, and furnish proof of publication to the attention of the Board Minutes and 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: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising PL 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, April 9, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION VA- PL20150000385 — Petitioner, Capri Christian Church, Inc., requests a variance pursuant to LDC Section 9.04.00 and seeks relief from LDC Section 4.06.02 CA, to allow a 7 -foot wide Type "D" landscape buffer instead of the required 10 —foot wide buffer for developments adjacent to a road right -of- way; from LDC Section 4.06.02 C, Table 2.4, to allow a 7.5 -foot wide rear yard and 8 -foot wide side yard Type "B" landscape buffer instead of the required 15 -foot wide buffer for residential single - family properties adjacent to residential single - family properties; from LDC Section 5.03.02 H, to remove the requirement for a wall to be constructed on a nonresidential development that is contiguous to a residential development; from LDC Section 4.05.02.L., to allow one -way aisle in parking lots with 90 degree parking to have a minimum 20 -foot aisle width instead of the required 22 -foot aisle width; from LDC Section 4.05.02 B.1, to allow grass parking access aisles to be made of shell instead of paved; from LDC Section 4.05.02 G, to remove the requirement that off - street parking spaces must be striped or marked; and from LDC Section 4.05.02 I., to remove the requirement that one -way off - street parking aisles must have painted arrows, for a church off -site parking lot consisting of 0.30± acres in a Residential Single - Family (RSF -4) zoning district, located on Lots 429 and 430 of Isles of Capri No. 2 subdivision in Section 32, Township 51 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida CA C.rl O O C� D r � N CA N C7 �7 CD cri N 0 U 2 ;10 m ° CA O 00 U) CA O �o O rn (S.R. 951) O COLLIER BOULEVARD D C) Cr4 C7 � D (� C) ; N m n �l Martha S. Vergara From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, March 19, 2015 10:57 AM To: Martha S. Vergara Subject: #231123992 - CCHEX.Capri Christian Church Proof.032015 Attachments: NDN231123992 (1).CCHEX.Capri Christian Church Proof.032015.pdf Importance: High Hi Martha! Please provide approval ASAP for publication on 03.20.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: ccpolidora(a) Naples News. corn A: 1100 Immokalee Road I Naples, FL 34110 NaptesNews,cnrr 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, April 9, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION VA- PL20150000385 — Petitioner, Capri Christian Church, Inc., requests a variance pursuant to LDC Section 9.04.00 and seeks relief from LDC Section 4.06.02 CA, to allow a 7 -foot wide Type "D" landscape buffer instead of the required 10 —foot wide buffer for developments adjacent to a road right -of -way; from LDC Section 4.06.02 C, Table 2.4, to allow a 7.5 -foot wide rear yard and 8 -foot wide side yard Type "B" landscape buffer instead of the required 15 -foot wide buffer for residential single - family properties adjacent to residential single - family properties; from LDC Section 5.03.02 H, to remove the requirement for a wall to be constructed on a nonresidential development that is contiguous to a residential development; from LDC Section 4.05.02.L., to allow one -way aisle in parking lots with 90 degree parking to have a minimum 20 -foot aisle width instead of the required 22 -foot aisle width; from LDC Section 4.05.02 13.1, to allow grass parking access aisles to be made of shell instead of paved; from LDC Section 4.05.02 G, to remove the requirement that off - street parking spaces must be striped or marked; and from LDC Section 4.05.02 I., to remove the requirement that one -way off - street parking aisles must have painted arrows, for a church off -site parking lot consisting of 0.30± acres in a Residential Single - Family (RSF -4) zoning district, located on Lots 429 and 430 of Isles of Capri No. 2 subdivision in Section 32, Township 51 South, Range 26 East, Collier County, Florida. 0 a 30 29 LU 28 m 27 °p MARCO SHORES w C.C. J J 0 U C.R. 952 PROJECT ISLE OF CAPRI LOCATION 3 31 2 33 34 V JA MARCO C I) SHORES 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida No 23113992 March 20. 2015 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, March 19, 2015 10:59 AM To: Reischl, Fred; Rodriguez, Wanda (Wanda Rodriguez @colliergov.net); Ashton, Heidi; Bonham, Gail (GailBonham @colliergov.net) Subject: NDN Ad Proof - VA- PL20150000385 Capri Christian Church Attachments: NDN231123992 (1) CCHEX Capri Christian Church Proof 032015.pdf Importance: High Hello All, Attached is the ad proof everyone has been waiting for. Please review and let me know of any changes needed ASAP as this ad runs tomorrow. Thanks, Martha Martha S. Vergara From: Reischl, Fred Sent: Thursday, March 19, 2015 11:02 AM To: Martha S. Vergara; Rodriguez, Wanda; Ashton, Heidi; Bonham, Gail Subject: RE: NDN Ad Proof - VA- PL20150000385 Capri Christian Church Looks good for zoning! From: Martha S. Vergara [mailto: Martha .Verg_ara(a)colliercierk.com] Sent: Thursday, March 19, 2015 10:59 AM To: ReischlFred; RodriguezWanda; AshtonHeidi; BonhamGail Subject: NDN Ad Proof - VA- PL20150000385 Capri Christian Church Importance: High Hello All, Attached is the ad proof everyone has been waiting for. Please review and let me know of any changes needed ASAP as this ad runs tomorrow. Thanks, Martha 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. Martha S. Vergara From: Rodriguez, Wanda Sent: Thursday, March 19, 2015 11:02 AM To: Martha S. Vergara Subject: RE: NDN Ad Proof - VA- PL20150000385 Capri Christian Church This one looks good! Wanda Rodriguez, ACP Advanced Certified Para`egaC Office of the County Attorney (239) 252 -8400 From: Martha S. Vergara [mailto: Martha .Vergara(&collierclerk.com] Sent: Thursday, March 19, 2015 10:59 AM To: ReischlFred; RodriguezWanda; AshtonHeidi; BonhamGail Subject: NDN Ad Proof - VA- PL20150000385 Capri Christian Church Importance: High Hello All, Attached is the ad proof everyone has been waiting for. Please review and let me know of any changes needed ASAP as this ad runs tomorrow. Thanks, Martha 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. Martha S. Vergara From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Thursday, March 19, 2015 11:07 AM To: Martha S. Vergara Subject: RE: #231123992 - CCHEX.Capri Christian Church Proof.032015 Thanks!!! Released... Sorry for the delay. Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(c-),NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NaplesNems corn From: Martha S. Vergara [ mailto: Martha.Vergara@collierclerk.com] Sent: Thursday, March 19, 2015 11:06 AM To: Polidora, Carol Subject: RE: #231123992 - CCHEX.Capri Christian Church Proof.032015 Importance: High Carol, This ad has been approved by the legal dept., please proceed with publishing as requested! Thanks, Martha From: Polidora, Carol [ mailto :cpolidora@naplesnews.com] Sent: Thursday, March 19, 2015 10:57 AM To: Martha S. Vergara Subject: #231123992 - CCHEX.Capri Christian Church Proof.032015 Importance: High Hi Martha! Please provide approval ASAP for publication on 03.20.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpolidora NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicati State of Florida Counties of Collier and Lee Before the undersigned they serve as appeared Daniel McDermott who on Inside Sales Manager of the Naples E newspaper published at Naples, in Ci distributed in Collier and Lee countif attached copy of the advertising, beir PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 on March 20, 2015. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be el 2015h n thelier County ng Hearing Examiner (HE)Q at 9:00 A.M., on Thursday, April Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: etitioner, Capri Christian Church, Inc., requests a PETITION VA- PL20150000385 - P variance pursuant to LDC Section 9.04.00 and seeks relief from LDC Section 4.06.02 C.4, to allow a 7 -foot wide Type "D" landscape buffer instead of the required 10 -foot wide buffer for developments adjacent to a road right -of -way; from LDC Section 4.06.02 C, Table 2.4, to allow a 7.5 -foot wide rear yard and 8 -foot wide side yard Type "B" landscape buffer instead of the required 15 -foot wide buffer for residential single - family properties adjacent to residential single - family properties; from LDC Section 5.03.02 H, to remove the requirement for a wall to be constructed on a nonresidential development that is contiguous to a residential development; from LDC Section 4.05.02.L., to allow one -way aisle in parking lots with 90 degree parking to have a minimum 20 -foot aisle width instead of the required 22 -foot aisle width; from LDC Section 4.05.02 B.1, to allow grass parking access aisles to be made of shell instead of paved; from LDC Section 4.05.02 G, to remove the requirement that off - street parking spaces must be striped or marked; and from LDC Section 4.05.02 I., to remove the requirement that one -way off - street parking aisles must have painted arrows, for a church off -site parking lot consisting of 0.30± acres in a Residential Single - Family (RSF -4) zoning district, located on Lots 429 and 430 of isles of Capri No. 2 subdivision in Section 32, Township 51 South, Range 26 East, Collier County, Florida. Affiant further says that the said Nag published at Naples, in said Collier Co 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 publicatic advertisement; and affiant further says promised any person, firm or corporate commission or refund for the purpose publication in the said newspaper. _ 1 6 (Signature of affiant) Sworn to and LoMav bed before me T °s 24th day h, 2015 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 Department, Zoning Division, Zoning Services Section, 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 Division located at 3335 Tamiam Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prio to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida — — — March 20 2015 No. 23113992 CAROL POLIDORA Signature of nctary publi s , Notary Public . State of Ftorkla Loommission # FF 185630 My Comm. Expires Dec 28, 2018 Bonded through National Notary Assn. t7 * �d * F•-` * A ,••,.'2k \M -4\ ,--.1, tr \ L.) w d * N *o o d o 'd Q t r, w . °d o Z � a NJ lc% 3 * 1/4.,,,x_____ 01 °aZ p _7 � --- d °^ wZy O M + `I V t./ U ' 4 d w * vQ o. ' C17i w * w r _ - A a i a c:4 M w 1y � W s,„, 411P r O * d OW C'- ila j d `g wOk t7 V. * ? ad V' j * r �d 4, 7 O t G Is O a Ti.?.* 4 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts X15 i1P R 1 l FROM: Wanda Rodriguez, ACP Ale DATE: April 17, 2015 RE: Hearing Examiner Decision(s) from March 26, 2015 & April 9, 2015 Attached are signed HEX decisions as follows: March 26, 2015: HEX No. 2015 — 15 April 9, 2015: HEX No. 2015 — 16 HEX No. 2015 — 17 HEX No. 2015 — 18 [05-COA-01253/813782/1]744 HEX NO. 2015 — 17 HEARING EXAMINER DECISION PETITION VA-PL20150000385 — Petitioner, Capri Christian Church, Inc., requests a variance pursuant to LDC Section 9.04.00 and seeks relief from LDC Section 4.06.02 C.4, to allow a 7-foot wide Type "D" landscape buffer instead of the required 10 —foot wide buffer for developments adjacent to a road right-of-way; from LDC Section 4.06.02 C, Table 2.4, to allow a 7.5-foot wide rear yard and 8-foot wide side yard Type "B" landscape buffer instead of the required 15-foot wide buffer for residential single-family properties adjacent to residential single-family properties; from LDC Section 5.03.02 H, to remove the requirement for a wall to be constructed on a nonresidential development that is contiguous to a residential development; from LDC Section 4.05.02.L., to allow one-way aisles in parking lots with 90 degree parking to have a minimum 20-foot aisle width instead of the required 22-foot aisle width; from LDC Section 4.05.02 B.1, to allow grass parking access aisles to be made of shell instead of paved; from LDC Section 4.05.02 G, to remove the requirement that off-street parking spaces must be striped or marked; and from LDC Section 4.05.02 I., to remove the requirement that one-way off-street parking aisles must have painted arrows, for a church off-site parking lot consisting of 0.30± acres in a Residential Single-Family (RSF-4) zoning district, located on Lots 429 and 430 of Isles of Capri No. 2 subdivision in Section 32, Township 51 South, Range 26 East, Collier County, Florida. DATE OF HEARING: April 9, 2015 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 is approved. ANALYSIS: Approximately 27 letters of support were received, including letters from all but one of the abutting property owners. The remaining property owner is a recent purchaser and the applicant stated that the new owner was in attendance at a prior neighborhood information meeting and was not opposed. Several members of the public were in attendance at this meeting and one abutting property owner spoke in support of the variance application. No one spoke in opposition. DECISION: The Hearing Examiner hereby approves Petition No. VA- PL20150000385 filed by Blair Foley, P.E., representing Capri Christian Church, Inc., for the following variances: • from LDC Section 4.06.02 C.4, to allow a 7-foot wide Type "D" landscape buffer instead of the required 10—foot wide buffer for developments adjacent to a road right-of-way; [15-CPS-01419/1168688/1119 1 of 2 • from LDC Section 4.06.02 C, Table 2.4, to allow a 7.5-foot wide rear yard and 8-foot wide side yard Type "B" landscape buffer instead of the required 15-foot wide buffer for residential single-family properties adjacent to residential single-family properties; • from LDC Section 5.03.02 H, to remove the requirement for a wall to be constructed on a nonresidential development that is contiguous to a residential development; • from LDC Section 4.05.02.L., to allow one-way aisles in parking lots with 90 degree parking to have a minimum 20-foot aisle width instead of the required 22-foot aisle width; • from LDC Section 4.05.02 B.1, to allow grass parking access aisles to be made of shell instead of paved; • from LDC Section 4.05.02 G, to remove the requirement that off-street parking spaces must be striped or marked; and • from LDC Section 4.05.02 I., to remove the requirement that one-way off-street parking aisles must have painted arrows. These variances will allow more cars to be parked in the overflow lot for Capri Christian Church on the property described herein, as shown in the Parking Sketch attached as Exhibit "A" and Landscape Plan attached as Exhibit"B", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Parking Sketch Exhibit B—Landscape Plan LEGAL DESCRIPTION: Lots 429 and 430, Isles of Capri, No. 2, according to the plat thereof, as recorded in Plat Book 3, Page 46, of the Public Records of Collier County, Florida. CONDITIONS: 1. The plant material in the landscape buffers shall include trees that are a minimum of 3- inch caliper, having a 12-14 foot height at planting, and spaced 20-feet on center. 2. In addition to the perimeter landscape buffers, the parking lot shall have a central landscape island as depicted on the Landscape Plan attached as Exhibit B. 3. The applicant will install additional signage as indicated on Exhibit A. 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 2015 Date M k Strain, Hearing Examiner Approv-fas to fiii and legality: Scott A. Stone Assistant County Attorney [15-CPS-01419/1168688/1]19 2 of 2 N 0 15 30 60 SCALE IN FEET E N Y.ori i .Was m N9 R15' il ff' 4�5, �.�� > a if 41 Q 4 A . 1 iFry§ } �S a • V� i -y S a i() dopip,/ .§ 4v- ) 1,-"c / 4•111. •b 0 /* , ) 0 „..„, , Atli" Litz ill Pi';' ''6 h / ) 0 -1141ii,,41110. e 1C � sla . / ' ,,',, , IP . , c6 IIV 0 I" ,c... 3 Zcc 0- cl' oaN ... ♦ y { n a 4'/ a : ti H Z N F W U REVISED PER HEX 04-09-2015 120 Edgemere Way South Capri Christian Church Naples,Fl.34105 Variance Request- Parking Lot Phone(239)263-1222 Collier County, Florida Blair A. Foley P•E• I,L,C Cell(239)289-4900 Fax(239)263-0472 DAZE IPRO�ECT NO. FIE NO. SCALE �SEET Civil Engineer/Development Consultant E-mail fols000@aol.com 3-12-2015 PROJNO FILENO As Noted 1 of 1 EXHIBIT "A" / / fl:Cv<\ / -? — T 3. • u smIJ x-A po� , m 3003H Sf1013 3003H Sf1013 gym` I �' W ig .4111 �' �' 14 4 :►r. 1�. 2 poi�� \ ,._o/z ��S� -,\-``\ 0 ' 00,021M11 t . 4 , / .:1:Nrommr... 4, , ,,,, i ,T u) , ku1' 11��1- - 4 ,fir O 1 , -, it" ' • o i -A-'' 4141 C.. r AIM rii co / pig CT o hiipr 4 �' �'w � e _vo-, P.. Z . , 5 ow eloim...eiut...13...ms............60...mm E Dt 1 .., .>„,o U Z OD / 04 FT- 1 EXHIBIT "B" AGENDA ITEM 4-A Co lifer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING: APRIL 9, 2015 SUBJECT: PETITION VA-PL20150000385, CAPRI CHRISTIAN CHURCH VARIANCE PROPERTY OWNERJAGENT: Owners: Thomas J. & Sharon L. Austin Capri Christian Church, Inc. 836 Corn Planters Circle 111 East Hilo Street Carolina Shores,NC 28467 Naples, FL 34113 Contract Capri Christian Church, Inc. Purchaser: 111 East Hilo Street Naples, FL 34113 Agent: Blair A. Foley,P.E. 120 Edgemere Way South Naples, FL 34105 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) consider an application for seven Variances associated with a previously approved Parking Exemption to permit additional parking for a church on a lot that is not contiguous to the church. Each variance request is described in the Purpose/Description section of this Staff Report. GEOGRAPHIC LOCATION: The subject site is 0.30± acres, platted as Lots 429 and 430 Isle of Capri No. 2. It is located on Pago Pago Drive East on Isles of Capri . The proposed parking lot is separated from the existing church parking lot by a single family home on Lot 428. VA-PL20150000385 Page 1 of 8 Capri Christian Church Variance • 4 EXHIBIT itfex A- 114 n x 1n n 4ywy3,ib" 77' a" A-ST oau.Sr, I aero MAW a ��\ ` ' AST �EA �. QQ �` 'Wk.'.' $ V 1 ISLES 6 CAM ii . 4010101114 0.111. 11 ' . iii/ 10 11 Sikkii:''' / =rte �_—.� �r,�`�w�w I. !"...# ,mo,/ il ./////' aao,01110,0100a.K citiA e©..9111k c`�� J A-ST ,a n n w - a+o CC �4#+ ©b�OO� SITE � ,a la e aa.a r, ��►©�Eii'=.�'*�►,�� LOCATION A S'riD ©©_ C♦6 .-,- 4,4.��4O P ' ��, Via. 0 .14' w^, � Iry G .a.a.. It 20,. ►iir, "d it,.►..'°fir �„+BOG 011-i'c't ' ito 41'. .pavrvi,-..:-t"$rph 4%-. - s'� pa4►4r ' 4 ,. n >, 4, �: r4r -`'.►At `V. VG 111111rL �.'h PflOJECT aa`"•.stlr LOCATION, a _ 10 1n `r«. �� 4 xaflrPwn ST .i '� , ,1a.., (. - rad LOCATION MAP ZONING MAP PETITION #VA-PL-2015-385 SURROUNDING LAND USE & ZONING: Northeast: Pago Pago Drive East ROW, across which are single family homes; zoned RSF-4 Southeast: Single family home; zoned RSF-4 Southwest: Single family homes; zoned RSF-4 Northwest: Single family home; zoned RSF-4 33` 222 ' 422 734 O4 , 421. G a.x ' D A . # 416 P' t BD5. se S90 4 51 r 4 �7 '�/ t 4.4 �D li < -4'3 39 S°i. çr432 1_@D41. 394 X383 395 i 41? w r- 38 S96 i 411 410 397 I 380 39t3 N 379 399 III Existing Church Proposed Parking _ .- -- Lot 429 VA-PL20150000385 Page 3 of 8 Capri Christian Church Variance 4 f " mow. 1 Lot 430 4- 1111‘. ,4 ; • s ,f ., ,..r ,5'., ' . . 40.: , , _ or, y 41i7 ' p i i z Aerial VA-PL20150000385 Page 4 of 8 Capri Christian Church Variance PURPOSE/DESCRIPTION OF PROJECT: The Petitioner was approved for a Parking Exemption to permit overflow parking for an existing church (HEX Decision 2015-08). Capri Christian Church was permitted through a Provisional Use (Resolution 82-30 and was expanded through a Conditional Use (Resolution 99-411). The zoning of the existing church and the overflow parking is Residential Single Family (RSF-4). The requested variance would permit more cars to be parked in the overflow lot. The design of the lot, with the dimensions as requested, was displayed at the NIM for the Parking Exemption and was supported by the neighbors. The requested variance seeks relief from: • LDC Section 4.06.02 C.4, to allow a 7-foot wide Type "D" landscape buffer instead of the required 10—foot wide buffer for developments adjacent to a road right-of- way; • from LDC Section 4.06.02 C, Table 2.4, to allow a 7.5-foot wide rear yard and 8- foot wide side yard Type `B" landscape buffer instead of the required 15-foot wide buffer for residential single-family properties adjacent to residential single-family properties; • from LDC Section 5.03.02 H, to remove the requirement for a wall to be constructed on a nonresidential development that is contiguous to a residential development; • from LDC Section 4.05.02.L., to allow one-way aisle in parking lots with 90 degree parking to have a minimum 20-foot aisle width instead of the required 22-foot aisle width; • from LDC Section 4.05.02 B.1, to allow grass parking access aisles to be made of shell instead of paved; • from LDC Section 4.05.02 G, to remove the requirement that off-street parking spaces must be striped or marked; • and from LDC Section 4.05.02 I., to remove the requirement that one-way off-street parking aisles must have painted arrows. GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: Comprehensive Planning Staff does not review Variances since they have no impact on the GMP. ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. 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? VA-PL20150000385 Page 5 of 8 Capri Christian Church Variance Yes. The applicant has been approved to use the subject site as overflow parking for Capri Christian Church. The proposed Variances are necessary in order to provide the proposed 27 parking spaces as depicted on the landscape Plan(Exhibit A). 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? No. It is the decision of the applicant to use the subject lots for parking. However,the lots are close to the existing church — separated by one single-family home on a single-family lot— and the variance is supported by neighbors. County Staff spoke to the owner/resident of that house and he fully supports the variance. 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. Without the variance, the applicant would be able to park fewer cars in the approved overflow parking lot in order to meet the seasonal demand. 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? No. The overflow parking lot could be designed to meet Code, and would allow automobile parking, although for fewer cars. However, since the lot is so close to the existing church and the neighbors support the variance, the applicant wishes to maximize the number of cars which can be parked in the lot. 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? Yes. The applicant will be able to park more vehicles in the overflow lot than if the dimensions followed Code. However, the design dimensions, as requested in the variance, are supported by the neighbors. f. Will granting the Variance be in harmony with the general intent and purpose of the Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The parking lot, with a central landscape island, was designed to emphasize the plantings and to give the parking lot a more residential feel. VA-PL20150000385 Page 6 of 8 Capri Christian Church Variance 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. There is a hedge that screens the lot from the neighbor to the east. 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. NEIGHBORHOOD INFORMATION MEETING (NIM): A Neighborhood Information Meeting is not required for a Variance. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition VA- PL20150000385, subject to the following conditions: 1. The plant material in the buffers shall include trees that are a minimum of 3-inch caliper,having a 12-14-foot height at planting, and spaced 20-feet on center. 2. In addition to the perimeter landscape buffers, the parking lot shall have a central landscape island as depicted on the Landscape Plan(Exhibit A). Exhibit A: Parking and Landscape Plan VA-PL20150000385 Page 7 of 8 Capri Christian Church Variance PREPARED BY: . jf . 3 .2.4- /S FRE I ISCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: /3 __________ 1._________ RAYM V LLOWS, ZONING MANAGER DATE i � '3• 27- ►,r- MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION VA-PL20150000385 Page 8 of 8 Capri Christian Church Variance 1 — _` TYPE P SJR 0 / l.1, r TYPE P R TYPE P APER raiii.iu1 alIII!►►,tiI Roar tARRIARGfL%. :►1i1�1 iM Saar Is ►+il:iill:rN:ii. 1?.,,,•�44 Fw.ili I :. < . sto• I f� U I4,. . . 1 , , , At lw, ri:GE AegsIt TliGE 9111-! ,,,,,,,,,. 4 Jr At*i rid LOT- a cz E � di . 0 iv • { sad el) icz i 1 relit C ./ . I 0 11. cz • _i • twmiii, 0 a • I ItRV sod w gill: TYPE f} f3lFfE. ► t iiii UMW 0 GE '�vor'at � .•• ll � rrs�IilI1.•„•li0iAi � � '4, LANDSCAPE PLAN EXHIBIT A / NN:1:,:2:- 7—......a.- 4 0 15 30 60 "".. I i , r < SCALE IN FEET 3 /' c %' ,', — e_ ' '''''R15--R1 ��J4�4; .F i . „. ,4,-,, , � .. � F,...,.... _. W , ...„ (4, N. eV",,, .1e:- o E 3 P ,/V ,, 1 4144.,,,,s - ,,,_. •:.,:`.......... 6 & 11- Is t l gg / ,,, ..., al_., ,, '.... [`per+ .��1 i.. O kQ IBJ 4jh:3. m L'Ste: iiZtY4 ""--\ 4. oc W3 ^. D _a ; a: 0 '...,.... i co Opigal (iii,:e(-4, �' Gc. O ,per' "1 ,c�i N411 d x GP rt. 01 h '',-. Sp �9 a- 0 /cy ,„-,N.NN fi^ hh�� LT / \ Mc' am ins W VIJ W Z N F N C \ X Cr W= U 120 Edgemere Way South Naples,Fl.34105 Capri Christian Church Variance Request-Parking Lot' Phone(239)263-1222 Collier County,'Florida �.-� Blair A. Foley, P.E., LLC Cell(239)Fax(239)263 04722 DAZE PROJECT NO. PIE NCL ` SCALE Civil Engineer/DevelOpmerit Consultant E-mail fo1s000@aol.com I 3-12-2015 PROJNO F1LENO As Noted rt, of 1 HEX NO. 2015—08 HEARING EXAMINER DECISION PETITION PE-PL20140000538 —Capri Christian Church, Inc., requests approval of a parking exemption pursuant to LDC Section 4.05.02 K.3 to allow an off-site parking lot to be separated from the church property it serves by a 60-foot lot under separate ownership, within a Residential Single-Family (RSF-4) zoning district. The proposed off-site parking is located on Lots 429 and 430 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East,Collier County, Florida. DATE OF HEARING: February 26, 2015. STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 4.05.02 K.3.b of the Land Development Code has been met and the petition is approved. ANALYSIS: The staff report includes 27 letters from the Isle of Capri neighborhood supporting the parking exemption. At a neighborhood information meeting held on February 3, 2015, six members of the public attended with no opposition or questions noted. Two members of the public attended this Parking Exemption hearing and did not express opposition. DECISION: The Hearing Examiner hereby approves Petition PE-PL20140000538 filed by Blair Foley, P.E., representing Capri Christian Church, Inc., to allow an off-site parking lot within a Residential Single-Family (RSF-4) zoning district, as more particularly described herein, to be separated from the church property it serves, located at 111 East Hilo Street, by a 60-foot lot under separate ownership. The off-site parking lot shall be located as depicted in Exhibit A, and shall be subject to the conditions set forth below. This Parking Exemption decision does not constitute approval of a site plan. ATTACHMENTS: Exhibit A—Off-Site Parking Location Isles of Capri, No. 2, according to the plat LEGAL DESCRIPTION: Lots 429 and 430, p g p thereof, as recorded in Plat Book 3, Page 46, of the Public Records of Collier County, Florida. [14-CPS-01376/115116511]37 1 oft CONDITIONS: 1. The applicant shall obtain a ROW permit and construct a sidewalk, 6 feet in width, from the lot to the church property prior to the final inspection. 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. 3. The plant material in the buffers shall include trees that are a minimum of 3-inch caliper, having a 12-14 foot height at planting, and spaced 20 feet on center. 4. This Parking Exemption is for a maximum of 27 parking spaces. 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. 3 - - 2,0k S.-- j". r)i) Date Mark!,Strain, Hearing Examiner App,.s ed as4 form and legality: Scott A. Stone Assistant County Attorney [14-CPS-01376/1151165/1137 2 oft Exhibit A Capri Christian Church Off-Site Parking Location 222 422 33 A 42C 4G0 41y N�0 I 416 4 BD7S P• I F 41S Be 4, p , /Q 433 I 4= i-----47 3 4371 39 ST �11 8041 383 395 1 [ 412 3 396 % r 411 347 1 380 a 379 9�S 7� sra Existing Church Proposed Parking y tir. ! k .�r4 • , . �i , INs -_ �„; _ _ ht -:.- s. • 4. �. �'� ng x'' q Sub J�.-1 r,. ~'% / { y, 'L s ti: 4' `z a 4'.7? •�+P '41J" P =' �. t t cotter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coIliergov.net (239)252-2400 FAX:(239)252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00&Code of Laws section 2-83-2-90 Chapter 3 J.of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED - APPLICANT CONTACT INFORMATION Name of Applicant(s): Capri Christian Church Address: 111 E. Hilo St. City_ Naples State: FL ZIP: 34113 Telephone: 239.289.4900 Cell: NA Fax: NA E-Mail Address: nedwok©frontier.com Name of Agent: Blair A. Foley, PE Firm: Blair A. Foley, PE, LLC Address: 120 Edgemere Way S. City: Naples State: FL ZIP: 34105 Telephone: 239.263.1222 Cell: NA Fax: 239.263.0472 E-mail Address: fo1s000@aol.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY 1 AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/4/2014 Page 1 of 6 Cvkr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate,attach on separate page) Property I.D. Number: 524d1245001,52401246QQ0 Section/Township/Range: S32/1-51S/R26E Subdivision: Isle of Capri No. 2 Unit: Lot: 429'430 Block: +1-.3 ac. Metes&Bounds Description: See Survey Total Acreage: 116 Address/ General Location of Subject Property: and 120 Pago Pago Dr. E. ADJACENT ZONING AND LAND USE 1 • Zoning Land Use N ROAD ROW Pago Pago Dr.E. S RSF-4 Residential E RSF-4 Residential W RSF-4 Residential Minimum Yard Requirements for Subject Property: Front: 25' Corner Lot: Yes No Ail Side: 7'5' Waterfront Lot: Yes I I No Rear: 25' • Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 6/4/2014 Page 2 of 6 • Carr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 _. ASsOCi/kHUNS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. • Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: _ State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: NATURE OF PETITION On a separate sheet,attached to the application, please provide the following: 1. 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 ft.to 18 ft.; 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. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h)listed below.Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. • 6/4/2014 Page 3 of 6 • • CAT COulay COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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 is the subject of the variance request. c) 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. 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 or welfare. e) 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. f) 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. g) 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. h) Will granting the variance be consistent with the Growth Management Plan? 4. 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 yes, please provide copies. • 6/4/2014 Page 4 of 6 CAL- Camay COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application M Y and d.,.a S br �rR quirestaer}t C heckli t for: Variance Chapter 3 J.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed•and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. NOT REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED - REQUIRED Completed Application(download current form from County website) ❑ ❑ ❑ Pre-Application Meeting Notes 1 ❑ ❑ Project Narrative ❑ ❑ ❑ Completed Addressing Checklist _ 1 El El Conceptual Site Plan 24"x 36"and one 8 Yz"x 11"copy ❑ ❑ ❑ • Survey of property showing the encroachment(measured in feet) 2 ❑ ❑ Affidavit of Authorization,signed and notarized 2 ❑ ❑ Deeds/Legal's 3 ❑ ❑ Location map 1 ❑ ❑ Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 ❑ ❑ included on aerial Historical Survey or waiver request 1 ❑ ❑ Environmental Data Requirements or exemption justification 3 ❑ ❑ Once the first set of review comments are posted, provide the assigned 1 ❑ ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 ❑ LI materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 614/2014 Page 5 of 6 • CAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 aooars:Indicate if the petition needs to be routed trt the following reviewers: 1-2 Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre Application ❑ Immoka lee Water/Sewer District: Meeting Sign-In Sheet ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahrnad ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay 1-1 EMS: Management: Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS • ❑ Pre Application Meeting:$500.00 ❑ Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 - o 5th and Subsequent Review-20%of original fee C7 Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 ❑ After The Fact Zoning/Land Use Petitions:2x the normal petition fee ❑ Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive / / Naples, FL 34104 z X7//.5 Applicant Sig ature Date. Printed Name 6/4/2014 Page 6 of 6 _ Blair A. Foley, P.E. Civil Engineer/ Development Consultant NATURE OF PETITION— VARIANCE FOR OFFSITE PARKING February 18, 2015 1. The existing 2 lots are vacant, with no significant vegetation. The re-development of the existing platted lots 429 and 430,Isles of Capri, Collier County, is consistent with the LDC Section 10.02. The proposed shell parking lot will act as an over-flow for the Church during the winter months. The project improvements consist of+/-27 parking spaces location on a pervious shell and No. 57 stone lot. Appropriate access from Pago Pago Drive E. is included along with a storm water retention area. No structures or utilities are proposed. The proposed encroachment numbers are also listed below along with support of the same: First Deviation Request: A. LDC 4.06.02.C1-4. B. Proposed Deviation: Reduction of the landscape buffers on three sides from the required 15' to a proposed 8' wide side yard buffer—a 7.5' wide rear buffer, and a reduction in the ROW buffer from the required 10' to 7' wide_ C. Justification We are proposing the same amount of plant and vegetative material that would be required in the existing LDC Buffers. Additionally, the LDC allows for us to utilize 50% of the buffers for water management purposes. We are using 0%for water management. The design provides water management in the center of the lot,thus allowing a full buffer for landscape and irrigation. The buffer meets the Church's objective for compatible screening enhancement to the local neighborhood. _ The following landscape design components represent compensation for the reduction: a. All proposed landscape planting is with native tropical trees, shrubs, and wetland grass. b. The size of the proposed trees are increased to 12'-14' high, 3"caliber to enhance buffer screening. c. The spacing of the trees has been reduced to 20' for enhanced screening. d. Wetland grasses are proposed in the bottom of the retention area. • Blair A.Foley, P.E. • 120 Edgemere Way South•Naples, Florida 34105 239.263.1222 • Fax 239.263.0472• Cellular 239.289.4900 • email: fojs000 @aol.com • • Second Deviation Request: A. LDC 5.03.02.H. B. Proposed Deviation: The proposed Deviation is iv not provide a wall between residential and nonresidential development. LDC 5.03.02.H.4.a allows for a Deviation, C.Justification: The proposed project included several support letters from the neighbors. The Church represented that the project would be natural in its design without a wall,and would complement the"island" style of the community. An existing 6' high fence is located along the South property line. An existing 4-5' fichus hedge is existing along the East property line. We have increased the size and number of the required trees in the perimeter buffers. Specifically,the trees have been increased from a 2" caliber to a 3" caliber, and spaced every 20'. These trees will be approximately 12-14' high when planted. In combination with these larger trees, additional plant material, and 0% of the buffer being used for water management,we feel the project's buffer design precludes the need for a 6' wall. Third Deviation Request: A.LDC 4.05.02.L B. Proposed Deviation: Reduction in the one-way drive isle width with"90 degree parking from 22' to 20'. C. Justification: The proposed project is an overflow lot for the Church which will have minimal use during the majority of the year. In order to safely navigate the reduced width the Church will have employees directing and assisting drivers in the ingress and egress of the lot. The development of these 2 lots into a shell parking area would not provide enough parking to justify the purchase,without the requested reductions in buffers and drive widths. We have provided a measure of water management treatment even thought this lot is pervious and none is required,thus providing an added benefit Fourth Deviation Request: A. LDC 4.05.02.B.1 B.Proposed Deviation: Provided a shell access isle, instead of the required paving. C.Justification: The look and feel of this overflow lot will fit into the island community utilizing the shell versus the pavement. Additionally,the shell lot has been designed as a pervious drive,which will provide filtering and removal of dirt and debris. Paved isles will create untreated runoff. Fifth Deviation Request: A.LDC 4.05.02.G B.Proposed Deviation:No striping of parking spaces will be provided. C. Justification: The parking lot and drive isles will be shell, so no sufficient markings are possible. The parking lot will utilize appropriate signage and car wheel stops,which will designate the parking space. The use of paint is avoided,which may be classified as a volatile organic compound (VUC). Sixth Deviation Request: A. LDC 4.05.02.1 B. Proposed Deviation:No painted arrows will be provided on one way drives. C. Justification: The parking lot and drive isles will be shell, so no sufficient markings are possible. The parking lot will utilize appropriate signage and car wheel stops,which _ will designate the parking space. The use of paint is avoided; which ma.y i e classified as _ a volatile organic compound(VOC). The Church has recently closed on one of the lots and the second is still under contract. Copies of the Sales Agreements are attached. 2. The site alterations consist of a+/-27 space overflow shell pervious parking lot, along with landscape and irrigation improvements_ 3a. The special conditions/circumstances include the fact that the church has been successful and is in need of additional over flow parking during season. Additionally,the lot under contract(and purchased) are narrow in configuration, minimizing the ability to provide full dimensioning for the parking improvements. Full community support exists for this project 3b. The lot configurations on Isle of Capri are platted and narrow. No other pre-existing conditions exist. 3c. Yes. The Church owns one of these lots and will soon close on the other. Without consideration of the dimensional reductions, the parking lot could not be constructed using the current LDC dimensional standards. 3d. Yes, we are asking for the minimum variance. 3e. The Zoning Regulations, and in particular,the Variance Process,is open and available to all other property owners. This does not constitute a special privilege. 3f. Yes. The granting of the variance will be in harmony with the intent and purpose of the zoning code. 3g. No. No natural conditions such as those described exist on the subject 2 lots. 3h. Yes. The granting of the variance is consistent with the GMP. I N 0 0 25 50 100 SCALE tN FEET AVVOALWIE LLCA„au or GOWER GOMM o.W31E2 KO • ``'. ,S .1 4' rl.r, TWE1 4 Yp g1R .:, YM'-+ �'".. �. •ISO 'SO• "'1yie,,dt.ty,,'I' t�+oao�wor 1C-WWA . 4°�? y ,w...m,cae 5341x5 '9.1CHe 'Qr `‘�4 .4, c�' ,g Ka.�cc�s�s spar carev A MATCH e •. !,`'•4'4'"+,1*4. ..? 'r,„s,,, •041 ``,. 43e•. �yy>a PARKAS AL•NAY 9,7,01.A[t\ ® .4 ' � .e `ti.e,, r, 9maO35WIKw RE FOR OW Ort f �T.G^` �R- Mf+L�Y.107JIY➢Mtf(11'� 91St ARE FOR WOW.• �, +MITI pia• ,('W' Tdi D14L \\ F1rOtYlS 4lY ND'.ViL HOT CO" to WSTALIZD CTYP) , Q•s 04 t'� 4' .Riy=�. p�'ptl>OJ R1Of IC AM• / O 3-, ave. ` -E" /!L7'.5 TIEICJ.SID LO.E I�t•J I $• •, 5,grrt,, 1 PPR IGCffi b 9N?�t I � . y ' +y ? , 7" � •t r. am o �•,. �� I mo►... ��,.� - ' `°�"� ' \ �r ' .y i ,4 .''42 '::440, 1 �� // yi r F .-,.._ / ,' .~'' - r b, H�,�•,��\ "�i'•r'Jv'11 ' ,tc[i c � ;' r z," 111 si , �q3. i ��Z s ",i„ s"_ 1 1? RIMO.. r. .r 1 1 4. "--... 414t , i LSt 1 ` d-°51 k'7NN4101*;C 4" ' \ .4 '.4 I( \.a /4.. '64:,_N., ....!.1174: Al VS PIK Pi Th. 1 1 1 1 . a''.. Capri Christian Church i g kc 4 e 120 Edgtmert Way South a Naples,Fi.34105 Phone(239)2b3 1222 Second Site Improvement Plan- Parking Layout Collier County,Florida Blair A. Foley, P.E., LLC cal(239)233-0472 Fax(239)239-4902 DAIS PROJECT N0. FILE NO- SCALE StFET Civil Engineer I Development Consultant E-mail fol5000 a ol.com 2-8-2015 PROJNO F1LENO As Noted 1 of 1 • ' AFFIDAVIT OF AUTHORIZATION FOR PETIT1014 €$L - (, curies,• f.• C_ - t Dame),as ej,_[,,, "'0 ( ,if applicable)of coireas .(oorapanY,If Epp,cab e),swear or Winn . under oath,t t arn tha(choose one) app fl d1 p ,.:r-- n and that I. I have fall authority to secure approva(s}requested and to impose covenants and suns on _� _ . - , hyt ' 1'Ff the referenced property as a rase� awn Ep�<:�tie�€ �.� �._ .�ra..y in accontlr this man and the Lald Development Codg data qr Viet st r �Y.der .2: 01 and Arty attached heieo and tirade a part of t lis Hof are honest and try; 3- €have authorized the staff of bier County to enter upon the property dam'nonce waning hours of investigating and eval tg the request made't through this application;and that for The property he ,rred, conveyed, sold or subdivided subject to the col ofs and 4. The pr�et'fY restrict Ons imposed by The approved action. to #as ourfrny representative 5. Wei auffreke i3etrA-FOwy,PE • in any milers regartling this pe-tfian including 1 through 2 above. - as: the core 1 °f Ir.• if the applicant is a cuspoxafion,thee r is usually executed b3' * If the apptfcant is a Lidt1sd Liablifly Conway(1 1 0.)or UMW d Company(1 C), then the documents should tWiCaffy t o signed by the Company's atialkg If Me applicant is a partnership,Wen fyp y a pettmr can sign on behalf of the pal et'sirip. • if the app I a limrfed partnership, then the general partner IWSt sign and be 'identified as the`general partn&'of the named partnership. rrrr�rtrle the ftztsfes's name and the words"as twee° . •ifs applicant 1s a trust;teen they trrust • in each aizrferroe, ãt deerrine the appfcares stafrr4 ag, Individual,corporate, twat,partnership,and then use th e appropriate fame for that o ieierslrip- Under penaltte S of pe' , ,f declare that 4 have read the foregoing Affidavit of Atithorization and that the fac';�.t -..In: _••true J t STATE OF FLORIDA cowry OF COWER The ••'i.• g instrum- : was • to(or affirmed)and subscribed before me an (date)b I 1 d f!f}: 'E Or 1 A name of person protriding or aff'lrmstiort),as .j:s c Ii. +., y410 is •-• -•natty krztvin . me or who has produced • type of won)as idenficafian. p ^-; s7 Prix.. trignature of Notary Public . .: ' Randall ilfigtson A-�j, .•— >.r;#Fflaai - .I12811 • RT 3iNti4 - . -...... iu saw: HOMAS AUsrI i C ci rr bt . ... sue,,: Siii Q(L Ar rN,, .. . . :BuyER - ' _- _ . _ S ES •flEffIL©ST. 56 R $ RS I .... :AM? t. i . ADEgtEtii _.r -?A r ` MC 7 .. NAPLES; 34113 • OF OUt 1TERQ ;BELLE[ ,11'0_Ottd.to se6' d•BUYER hasOeed.ffi bi UPON THE . G� :r9.1. YpNG*S lyr!•{"m�1R�� CTI1?ir7 the ea tlW7''..1?�)1!U as 1 P• r .s';.SLE S:QPMRl'i....: :r Vie;--. cou,, [(tea "its. If kOusble,SELEsi Strait.cave y 's exdusivs Egt•.a:use <Faauns-e s end c r?areas ' - fasan b ptelu ive rigbstofuseand`t rghfln ionvPp. :z„ f fsd P Gs.-O` r?f','':'.4 f " • A'PL. .S gi.,44t4 ' •c �G .• 74re.i ddre sk to• t2 ?Y? ' �:• - 1Cx'.400,y..;,?-„,, • . . . ••p PR14:-l is PIIt e(U S e tq)shall I P $ s: rs•,..._.. ,...,. • ��4 f y'Y7.33Gt FW Ui .. - ::° r :a.--_a.....�:. Q..: 'a.{4[00-00,:,. +g-,... t IS OMPANIES OP S U. L. 1 • :. LW „•f,VtlS-+.}F•i3t3 iiT1�•!fi' jlLti!'o,_.,. 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METHOD OF PAYMENT[SELECT ONE.IF NO SELECTION IS MADE,A SHALL APPLY)0A.CASH:BUYER will pay rasit,or may 31 obtain a ban,for the purchase of the Property;hOwevef there is no financing coizt+ngerc; ❑ s.FINANCING CONTINGENCY:Subject to the 32 provisions of this paragraph,BUYER's obligation to purchase the Properly is contingent upon BUYER obtaining a loan,unless waived by BUYER 33 as set fort below, in at least the amount shown in 1.C.above,to be secured by a mortgage on the Property at [SELECT ONE.IF NO 34 SELECTION IS MADE,(S)SHALL APPLY]:0(1)an initial or Lip fixed rate of interest not exceedmg %per year,for an amortized - 3 term of not less than .years[30 years nett btankivith a balloon not sooner than years.BUYER shall apply for the ban not 36 iaer than days after the Elfecinle—Gate[10 days if left blank),and shalt melte a continuing good-faith and merit effort to obtain said - 37 ban.if BUYER fails to give notce to SELLER of waiver of this financing contingency on or before 38 (Insert Date}145 days after the Effective Date if left blank},either SELLER or BUYER may terminate this Contract at any time.BUYER's 39 termination under this contingency must be accompanied by an Equal Credit Opportunity Act statement of adverse txedlt action issued by an 40 institutional lender cornirming that mortgage financing on the terms set forth in this Contr4•1 was denied on grounds that either the Properly was 41 unacceptable to the lender or the BUYER financially failed to qualify for said financing terms,or other euidende that BUYER has complied with 42 and completed the application process but has received neither loan approval nor loan denial from the lender.SELLER'S right to terminate shall 43 cease to exist if BUYER gives notice to SELLER that BUYER has waived this financing contingency prior to SELLER giving BUYER note of 44 termination. Delivery of documentation evidencing lean commitment at loan approval shall not constitute a waiver of the financing 45 contingency.BUYER acknowledges that once BUYER waives this financing contingency,BUYER's deposit monies are no longer 46 refundable under this Paragraph 4. C.SELLER FLNANCING.The Addendum to Sales Contract SELLER Financing is attached hereto and • 47 made a part hereof_ 48 5. CDD! MSTU SPECIAL TAX DISTRICTS: The Property f3 is❑is not located within a Community Development District(COD)Of 49 Municipal Service or Benefit Taxing Emit(MSTU).BUYER will at dosing assume any outstanding capital assessment balance. if the Property 50 is located within a CDD or MSTU,and if there is any outstanding capital balance,BUYER should not execute this Contract until 51 BUYER has received and signed the'Addendum to Sales Contract CDDWMSTLI Assessments Disclosure"or similar written disclosure 52 from SELLER setting forth the approximate amount of the capital assessment balance,which BUYER will assume at closing. 53 6. DUE DILIGENCE;WAIVER: [SELECT ONE IF NO SELECTION IS MADE,A.SHALLAPPLY) ©A.DUE DILIGENCE:BUYER elects to 54 conduct the inspections provided for in Standard 0.1.d.of this Contract,not later than 11_0 days after the Effective Date[6t3 days if left blank) 55 (the'Due Rlligenre Period') to determine whether the Property is suitable,in BUYER's sole d cretion,for BUYER's intended use;or 58 ❑ B.WAIVER OF DUE DILIGENCE.BUYER has visually inspected the Property and determined that same is suit:t ie for BUYER'S intended 57 use,in its current'as is'condition as of the Effective Date,including the conditions disclosed in Standard D_1a or in Paragraph 7.BUYER's 58 obligation to purchase the Property is not contingent upon any inspections,tests or studies. 59 7. A.OTHER TERMS AND CONDITIONS: (1)This offer is contingent on the successful ciasing by Buyer on so 116 Pago Pago Dr.E,Naples,FL.within 180 days of Effective Date. (2)Closing on this transaction shall OVA 61 occur within 5 days closing on 116 Page Pago Dr.E. L3}Buyer shall compensate Realtor per separate �� 62 agreement (1) emu. t?r2 TC FCf. ,ft CT IiJC, Gi2Ea l�� to r7;1J{• i- .E<; 53 W_ EY ts=.5f FL..L'(:tb' rriEN; if Sjek cit.; &olis 64 8.ADDENDUM:If additional terms are incorporated into this Contract by separate Addendum,attach same and imdicate here. Q To the 65 extent such Addendum terms conflict with the terms of this Contract,the Addendum terms shall control. • SALES CONTRACT(RESIDENTIAL VACANT LAND){NABIOR 411t2042)Page 2 of It . zorrnsirnplicity • r - 66 REAL ESTATE TRANSACTION STANDARDS.SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECEIVED AND 67 REVEWED PAGES 1,a AND 3 AND REAL ESTATE TRANSACTION STAIMARDS A THROUGH T ON PAGES 4 THROUGH 8 OF THIS 68 CONTRACT,WHICH ARE INCORPORATED WAND MADE AN INTEGRAL PART OF THIS CONTRACT AND SPIALL.NOT BE REVISED 69 OR MOINFIB)EXCEPT IN PARAGRAPH 7 OF THIS CONTRACT. /ad" '""hig117.001‘ 42//cf,f)//y p-Aees-Signettri* - (Date) (Biries 5gnatre) JAMES A,ELIASON CAPRI CHRISTIAN CHURCH (Seter's Printed Name) (Buyer's Printed Name) :I 4 1 >2! • (Seller's Signature) (Date) Carters D9flaftlre) (Date) JEANNE L FI IASON (Sellff's Prinied Narrie) • - • (Buyer's Printed Name) 70 COUNTER•OFFER 71 .SELLER counters BUYER'S offer as noted herein.To accept the coueter-effer,BUYER must sign or initial the counter-offer 72 terms and deliver a copy of the acceptance to SELLER by 0 AM Z PM on 73 JC . - (Insert Date). • 74 El SELLER rejects BUYER'S offer on {Insert Date). •. . peiles Sigrettirej pelle(s Signet* 75 IDENTIFICATION OF BROKERS AND SELLING LICENSEES 76 Listing Broker. NA Selling Broker. Christophe r Really kyr. 77 Listing licensee: NA Seting Licensee-. Jeri Neuhaus 78 DEPOSIT RECEIPT 79 Initial Deposit by 0 cash fl wire or ji check received on iinsert Date); 80 will be held in escrow in accordance with the terms and=bons of this Contract. Bi Escrow Agent's Name: Christopher Realty Inc. 82 Escrow Agent Address: 365 Capri Blvd.,Naples,FL 34113 83 Escrow Agent Telephone: 239-394-2575 Fax: 86e-59,5-7266 Email: jarigisletKrtrapttcom SALES CONTRACT(RESIDENTIAL VACANT LAW)(NABOR 4(112012)Page 308 Alt formsimplicity • 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, April 9, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION VA-PL20150000385 - Petitioner, Capri Christian Church, Inc., requests a variance pursuant to LDC Section 9.04.00 and seeks relief from LDC Section 4.06.02 C.4, to allow a 7-foot wide Type "D" landscape buffer instead of the required 10 -foot wide buffer for developments adjacent to a road right-of-way; from LDC Section 4.06.02 C, Table 2.4,to allow a 7.5-foot wide rear yard and 8-foot wide side yard Type"B"landscape buffer instead of the required 15-foot wide buffer for residential single-family properties adjacent to residential single-family properties;from LDC Section 5.03.02 H,to remove the requirement for a wall to be constructed on a nonresidential development that is contiguous to a residential development;from LDC Section 4.05.02.L.,to allow one-way aisle in parking lots with 90 degree parking to have a minimum 20-foot aisle width instead of the required 22-foot aisle width;from LDC Section 4.05.02 B.1,to allow grass parking access aisles to be made of shell instead of paved;from LDC Section 4.05.02 G,to remove the requirement that off-street parking spaces must be striped or marked;and from LDC Section 4.05.02 I., to remove the requirement that one-way off-street parking aisles must have painted arrows, for a church off-site parking lot consisting of 0.30± acres in a Residential Single-Family (RSF-4)zoning district, located on Lots 429 and 430 of Isles of Capri No.2 subdivision in Section 32,Township 51 South, Range 26 East,Collier County,Florida. v U / o 30 29 qk 28 m o 27 iiii.. m MARCO �? SHORES w �y C.C. ' �7 OU 111100 IFC.R.952 iP�SLE 4i OF CAPRI�bPROJEC T LOCATION Nefi 34 MARCO '.� SHORES 0 / lit 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 Department, Zoning Division, Zoning Services Section,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 Division located at 3335 Tamiami Trail East,Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. it EXHIBIT Mark Strain, 1--ieivl Chief Hearing Examiner i HeC i2 LH' Collier County,Florida L� Zylilis— Tu.. No.23113992 ii March 20.2015 ',„-N,A10.3er,,avm4y • C C C CAPRI CITIRISTIAN CHURCH • ON THE ISLES OF CAPRI -**-741#4.4v4..&:A*-44:"AvAr‘• E.II11,0 ST. NAPLLS,FL 34113 TELEPHONE(239)642-6233 PAX(239)642-9952 DR -PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April,2014 TO: Blair A. Foley, PE,CMI Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7 34 foot landscape buffer around three sides of the property. ,1 7 f 4 • SIGNED: - ADDRESS:. / /1.11/61 441/ DATE: ;2- 37- EXHIBIT Jr C 9 2 C C C CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAFRI 111 scHzLoSc NA_Pr PI,34113 TsxErm"xE'=*�^2-"2vv FAX.zn,.v^^^yax April, 2014 DR PL2O140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 8/2/14 DUE:� 9/30/14 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7 Yz foot landscape buffer around three sides of the property. SIGNED: ' L/ �~, '~' |~\ ' ~�] ADDRESS: / L' / `—' ~' / / / / / / DATE: C C C CAPRI CHRISTIAN CHURCH ON THE iSLES OF CFRI 111 E HMO ST NA,ES,FL 34113 rEzEru^Noo*mu42'oc,3 FAX.2om"4o*^ 2 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley PE, Civil En 'neer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, am in favor of developing lots 429& 430 Pago Pago Drive for this purpose. I also understand that there will be a 7 foot landscape buffer around three sides of the property. SIGNED: 7 ADDRESS: DATE: . / -7 = � � ^ C C C CAPRI CHRISTIAN CHURCH ar' a4 '�?'t t ON THE ISLES OF CAPRI k, 'w y eh°k lc=r� I 111 E.PALO ST. NAPLES,FL 34113 '•a' }`` " ' .6. a ih r -.I TRT.EPHONE(239)642-6233 FAX(239)642-9952 DR -PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429& 430 Pago Pago Drive for this purpose. I also understand that there will be a 7 1/2 foot landscape buffer around three sides of the property. SIGNED: (1--Le-,k ;-17— -- ADDRESS: P.. 17( e_ /I/L- C.) 5 / DATE: / /i - 2. 3 q - 2 c 1' -- 7/6) 3 i C C C ! CAPRI CHRISTIAN CHURCH tT ON THE ISLES OF CAPRI fr I 7_,,,'"140;:1`, ..4,;? O_d i i u� 111 E.HMO ST NAPLES,FL 34113 TELEPHONE(239)642-6233 FAX 1239<642.-9952 DR- PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 A foot landscape buffer around three sides of the property. vZ� / SIGNED: - 1'i ,r/ (-/ 1--' 8 J / ADDRESS: r o/-`L% ./ / DATE: „7' / E � /7 7 /_ , c — ; 7 V ✓yG1 C C C CAPRT CHRTSTIAN CHURCH - • '= ON THE ISLES OF CAPRI 111 E SILO ST. NAPLES,FL 34113 '4'4L TELEPHoN 31:(1:313,642 6233 FA.X.2391642 9952 DR-P1_20140000538 REV: 'I CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 Yz foot landscape buffer around three sides of the property. ,71 / 1 SIGNED: ADDRESS: 7- ';'-t 7/ /- DATE: '511 ILf CCC CAPRI CHRISTIAN CHURCH f0,61.1v::11; ON THE ISLES OF CAPRI • 111 E.I-111,0 ST. NAPLES.FL 34113 TELEPHONE 239)642-6233 FAX(239)642 9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 & 430 Pago Pago Drive for this purpose. I also understand that there will be a 7 1/2 foot landscape buffer around three sides of the property. / SIGNED: (4, ADDRESS: Ii -277- :75 DATE: c;ii 7.c.; t• C C C CAPRI CHRISTIAN CHURCH , ON THE ISLES OF CAPRI • 111 E.HLLO ST. NAPLES,FL 34113 TELEPTIONE(239,642.6233 FAX(239,6 42,9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 & 430 Pago Pago Drive for this purpose. I also understand that there will be a 7 34 foot landscape buffer around three sides of the property.• if' 1 . ( SIGNED: A s•-:,---vAe,75.4..6-2; ss_ ADDRESS: 1- - : I 77?- Z.Sy7 DATE: .5/9 Lin C C C CAPRI CHRISTIAN CHURCH ON THE ISLES Or CAPRI 4 • 111 E.IflLO ST. NAPLES,FL$4113 • DR -PL20140000538 1 TELEPHONE I239r 642 62'43 F (,39■642- 95 CAPRI CHRIS REV: CHRIS TI CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. also understand that there will be a 7 1/2 foot landscape buffer around three sides of the property. SIGNED: ADDRESS: , 777 — 14 I T DATE: 45' CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI 111 EozLnaz NAPLES,FL 34113 TELEPHONE aym°^�-6a`nn^Xi2oo.o"a�*vz DR -PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 0/30/14 April, 2014 T[}: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Ca i Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 Y�foot landscape buffer around three sides of the property. i SIGNED: ��~\'� ADDRESS: DATE: MAY-6-2014 09:13 FROM:ESA INK 6082212441 TO:12396423215 P.111 , C C C '4' CAPRI CHRISTIAN CHURCH -Put • 1 t 1 IC !IMO ST. NA PLIDEL S=Zir1611r." LC:04-. - DR- PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 April,2014 DUE: 9/30/14 TO; Blair A.Foley, PE,Civil Engineer RE: Overflow Parkins @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church,I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 Yi foot landscape buffer around three sides of the property. SIGNED:,A,11WI .0-4* Ad — - ADDRESS:/60 ,e7/310 DATE: //147' t"; 2O/'/ C C C CAPRI CHRISTIAN CHURCH 2 +t§ t ±5 ON THE ISLES OF CAPRI 111 E.HMO ST. NAPLES,FL 34113 -. , x �i , .> - - TELEPHONE(239)642-6233 FAX 1239)642-9952 DR -PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 & 430 East Pago Pago Drive for this purpose. I also understand that there will be a 7%2 foot landscape buffer around three sides of the property. SIGNED: ADDRESS: // 2 / - ' 42' DATE: /e/6„/ / C_� 17446i, -4*; CCC CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI 111 E 1-.:111,0 ST. NAPLES,FL 34113 • ' 3 '44' TELEPHONE(239)642 6233 FAX(239(62-995 DR- PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE 9/2/14 DUE: 9130/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 71/1foot landscape buffer around three sides of the property. --- SIGNED: / ADDRESS: •~4: --/ DATE: C C C 1 i CAPRI CHRISTIAN CHURCH ^ 'e, ON THE IST.FS Or CAPRI i:,: f fir:, `x 1' 1. r "" rr y '''^i�,dr ,- 111 E.HMO ST. NAPLES,FL 34113 TELEPHONE(S3 B)042.6233 FAX(239)642-9952 DR- PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH April, DATE: 9/2/14 pril, 2014 DUE: 9/30/14 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7%foot landscape buffer around three sides of the property. SIGNED: c �- rte- ADDRESS: /0 / . /. A 7 DATE: /& L// f . ' C C C 1.,‘ CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI 111 E.H LO ST. NAPLES,FL 34113 3 tr TELEPHONE(239))342-6233 FAX(239)642-9952 DR- PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7%2 foot landscape buffer around three sides of the property. SIGNED:= : - ADDRESS: ,ICJ �j'' & O dZ DATE: 1/j 23?- 2`6. ?- 9Z , C C C CAPRI CHRISTIAN CHURCH 0,4041/0: ON THE ISLES OF CAPRI 111 E.HILO ST. NAPLES,FL 34113 TELEPHONE■235 642-6233 FAX 235 642-9952 DR - PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7 /2 foot landscape buffer around three sides of the property. SIGNED: ,37 ADDRESS: /7 3 DATE: Lic / - -7 3/ - C 3 CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI• •?' to 111 E.HILO ST. NAPLES,FL 34113 s ' w TELEPHONE 12391 642-6233 FAX(2391(342-9952 DR — PL20141)n?00.53R REV- 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7%a foot landscape buffer around three sides of the property. SIGNED: f- ;c/rz {(2 6571 ADDRESS: /r7 7-- < / DATE: /// — 3 / / J( 6 C CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI 1 1 1 E.HILO ST. NAPLES.FL 34113 T ELEPHONE(-239 612-6233 FAX(239)&$2- 352 DR- PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 & 430 Pago Pago Drive for this purpose. I also understand that there will be a 7 Y2.foot landscape buffer around three sides of the property. - SIGNED: -* „- , r ADDRESS: / °":"- e- DATE: C C I CAPRI CHRISTIAN CHURCH ON TUE ISLES OF CAPRI 111 F.HILO ST. NAPLES,FL 34113 TELEPHONE(239)647:-6233 FAX 239,64:2-9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2114 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 & 430 Pago Pago Drive for this purpose. I also understand that there will be a 7 foot landscape buffer around three sides of the property. SIGNED: • ADDRESS: :-" DATE: 41; CCC CAPRI CHRISTIAN CHURCH :74 ON THE ISLES OF CAPRI *41 111 E.HELO ST. NAPLES,FL 34113 • 4 '714-- TELEPHONE 12391 642-6233 FAX(239)642-945-2 DR-PL20140000538 REV: 1 DCAPRI CHRISTIAN CHURCH ATE: 9/2/14 DUE. 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 & 430 Pago Pago Drive for this purpose. I also understand that there will be a 7 1/2 foot landscape buffer around three sides of the property. SIGNED: - ADDRESS: DATE: '" ' :::„V....•.- 14:;:t - i't ;., C C C ''' ;,-,,.': ' CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI 410,:i0 ,1•,' -,.,-*4.7/'t-,,,A+5',05*;,;.. 111 E.HILL ST. NAPLES.FL 34113 TELRPTIONE i2:39i 6426:233 FAX 642 9941 DR -P1_20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April,2014 TO: Blair A, Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 1/z foot landscape buffer around three sides of the property. SIGNED: - , ADDRESS: DATE: C C C a i CAPRI CHRISTIAN CHURCH ;mr a� i,i r ON THE ISLES OF CAPRI n., ," " -M, a fj'ti+ t ^. ! 111 E.IiILO ST. NAPLES,FL 34113 TELEPHONE(2391 649-9233 FAX 12391 6:32-3932 DR -PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 April, 2014 DUE: 9/30/14 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land UsVPlan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 & 430 Pago Pago Drive for this purpose. I also understand that there will be a 7 %foot landscape buffer around three sides of the property. SIGNED: ADDRESS: /2)3 4'), > ov- DATE: %' � f 2 C C C CAPRI CHRISTIAN CHURCH 7,1,?,,M,;7..• , ON THE ISLES OF CAPRI 111 E.HILO ST. NAPLES.FL 34113 TELEPHONE'239)642-6233 FAX‘239,642 9952 DR -PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 71/3foot landscape buffer around three sides of the property. SIGNED: ADDRESS: - LC A C DATE: ( (- / I I L.", C C C CAPRI CHRISTIAN CHURCH :.4144,14 ON THE ISLES OF CAPRI h t 111 E.IILLO ST. NAPLES,FL 34113 ;'. ,, TELEPHONE/239 642-6233 FAX l239i 6429952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 East Pago Pago Drive for this purpose. I also understand that there will be a 7%foot landscape buffer around three sides of the property. SIGNED: / ADDRESS: /5T ��: /1/ Z-- � Y DATE: /(/,tom /7 _7 '/2-- "V7 i Ca.. - fop t. . C C C CAPRI CHRISTIAN CHURCH � A sg r: t+`" ON THE ISLES OF CAPRI �ssw " r, y;-Q, he ' 111 E.HILO ST. NAPLES.EL 34113 "'''1 4 _ TELEPHONE(239)642-6233 FAX.(239)642-9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7%z foot landscape buffer around three sides of the property. SIGNED:(1��4 7 �-� °' ,.-Z. �c� ADDRESS: i33 ,lam ,//(1, ,st DATE: .-i/_. J LJ . „—26/ 713 �/, 6 ,- $ C C C CAPRI CHRISTIAN CHURCH - ON THE ISLES OF CAPRI _:„ 41,. "•,- /".+0.4r 111 E.HILO ST. NAPLES,FL 34113 TELF.PHO.XE 1239i 642 6233 FAX 1239)(424 DR-PL2014000D538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 912/14 DUE: 9130/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 734 foot landscape buffer around three sides of the property. SIGNED: ADDRESS: ti 1-1 L L 1.)r_ DATE: c (Y. e 4t4,- / , - ( DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH April 2014 DATE: 9/2/14 DUE: 9/30/14 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking Capri Christian Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7-1/2 foot landscape buffer around three sides of the property. SIGNED: ADDRESS: sr Lc 4 . k FL DATE: 5/7/P/P/ BD— PL20130002460 HEX 4 -9 -2015 BAY ^RONT GARDENS Ann P. Jennejohn - From: Rodriguez, Wanda Sent: Wednesday, March 11, 2015 11:03 AM To: Reischl, Fred; Minutes and Records Cc: Stone, Scott Subject: RE: REVISED RE: Ad Request BD- PL20130002460 Barbarossa Dock The title and requested run date are correct. OK to proceed. 'Wanda Rodriguez, MCP .advanced Certified Paratega( Office of the County .attorney (239) 252 -8400 From: ReischlFred Sent: Tuesday, March 10, 2015 4:57 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: REVISED RE: Ad Request BD- PL20130002460 Barbarossa Dock Importance: High My apologies — I had the wrong run -date! From: ReischlFred Sent: Tuesday, March 10, 2015 3:28 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; 'Patricia L. Morgan'; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Ad Request BD- PL20130002460 Barbarossa Dock Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239 - 252 -4211 colliergov.net C41", ier co-anky 1 Ann P. Jennejohn From: Ann P. Jennejohn on behalf of Minutes and Records Sent: Wednesday, March 11, 2015 8:12 AM To: Reischl, Fred; NeetVirginia (VirginiaNeet @colliergov.net); RodriguezWanda (WandaRodriguez @colliergov.net) Subject: RE: REVISED RE: Ad Request BD- PL20130002460 Barbarossa Dock Good Morning Fred, I'll send this to NDN, as well as the other petition for the Dockside RPUD, and send you those proofs) a.s.a.p. Have a great day! 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: Reischl, Fred Sent: Tuesday, March 10, 2015 4:57 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: REVISED RE: Ad Request BD- PL20130002460 Barbarossa Dock Importance: High My apologies — I had the wrong run -date! From: ReischlFred Sent: Tuesday, March 10, 2015 3:28 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; 'Patricia L. Morgan'; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Ad Request BD- PL20130002460 Barbarossa Dock Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239 - 252 -4211 colliergov.net March 10, 2015 Collier County Hearing Examiner Public Hearing Advertising Reguirements Please publish the following Advertisement and Map on March 20, 2015, and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division, 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 re renc , t h ol lowl ALL it voa . lip] 1i► Li ,7�ii7�7 iT.r[r [Zoning Services Section} FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising PL 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, April 9, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: PETITION NO. BD- PL20130002460 Robert Barbarossa requests a 36.1 -foot Boat Dock Extension over the maximum 20 -foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 56.1 feet to replace and expand the existing docking facility and add a boat lift for the benefit of Lot 2, Bayfront Gardens subdivision, located within the Lely Barefoot Beach PUD, Ordinance No. 85 -21, in Section 6, Township 48 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida a O a� U 0 innann�� TRXIL (U.S. ail W ] i KK ! U Z O W 3ONVA 3 Nlre a a l o O H Z D O W dExtC0 OF OVA All All Acct #076397 March 11, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BD- PL20130002460 Bayfront Gardens Lot 2 (Display Ad) Dear Legals: Please advertise the above referenced notice (w/Map) on Friday, March 20, 2015 and send Duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500154426 March 11, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 20, 2015, and furnish proof of publication to the attention of Board Minutes and 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: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500154426 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, April 9, 2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples FL, 34104 to consider: PETITION NO. BD- PL20130002460 Robert Barbarossa requests a 36.1 -foot Boat Dock Extension over the maximum 20 -foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 56.1 feet to replace and expand the existing docking facility and add a boat lift for the benefit of Lot 2, Bayfront Gardens subdivision, located within the Lely Barefoot Beach PUD, Ordinance No. 85 -21, in Section 6, Township 48 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida s. c `t U 0 TAMIAMI TRAIL (U.S. 41) 3 �y]y Ld 6 d U Z O I W 7 Q i cc 3(`IOH%11E 3ONVA a OJ a€ � d8 40 H Z D O W ui KfixIC0 of GULF gg A �8 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, March 11, 2015 12:51 PM To: Naples Daily News Legals Subject: BD- PL20130002460 (Display Ad) Attachments: BD- PL20130002460.doc; BD- PL20130002460.doc; BD- PL20130002460.pdf Hi there, Please advertise the attached Notice (w /Map) on Friday, March 20, 2015. 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 (Fox) Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, March 13, 2015 9:32 AM To: Ann P. Jennejohn Subject: #231123984 - CCHEX.Bayfront Gardens Lot 2 Proof.032015 Attachments: NDN231123984.CCHEX.Bayfront Gardens.032015.pdf Hi Ann! Please provide approval ASAP for publication on 03.20.15. Thank you! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: ccpolidoraCcDNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NaPUmNews.com 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, April 9, 2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples FL, 34104 to consider: PETITION NO. BD- PL20130002460 Robert Barbarossa requests a 36.1 -foot Boat Dock Extension over the maximum 20 -foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 56.1 feet to replace and expand the existing docking facility and add a boat lift for the benefit of Lot 2, Bayfront Gardens subdivision, located within the Lely Barefoot Beach PUD, Ordinance No. 85 -21, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. LEE COUNTY JEE ONITA BEACH ROAD LELY BAREFOOT PROJECT (C.R. 865) BEACH LOCATION BONITA SHORES 5 LELY BAREFOOT > BEACH °i AUDUBON COUNTY CLUB ,� o z O > \ AUDUBON HAS COUNTRY CLUB STERLING BAY OAKS C1 B FOREST 6\ K 9 TWO 10 w� f7 THE LAKES O WATERGLADES RETREAT PLAZA O e GLEN EDEN y ON THE BAY BROOK J ARBOR TRACE VILLAGE PLACE S O ERANS MEMO 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida No 231123984 March 20. 2015 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Friday, March 13, 2015 9:58 AM To: Ann P. Jennejohn; Reischl, Fred Subject: RE: Lot 2 Bayfront Gardens ( April 9 HEX) Looks good to me. Wanda Rodriguez, .ACP .advanced Certified Paralegal Office of the County .Attorney 1239) 252 -8400 From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @colliercierk.com] Sent: Friday, March 13, 2015 9:51 AM To: ReischlFred; RodriguezWanda Subject: Lot 2 Bayfront Gardens ( April 9 HEX) Good Morning, Attached, for review, is the display for HEX Petition BD- PL20130002460, that'll be advertised next Friday, March 20 for a HEX hearing on April 9th, 2015. Please look it over and let me know of any changes /corrections that need to be made or if I can give NDN the go- ahead, at your earliest convenience. 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 @napiesnews.com] Sent: Friday, March 13, 2015 9 :32 AM To: Ann P. Jennejohn Subject: #231123984 - CCHEX.Bayfront Gardens Lot 2 Proof.032015 Hi Ann! 1 Ann P. Jennejohn From: Reischl, Fred Sent: Friday, March 13, 2015 1:24 PM To: Ann P. Jennejohn; Rodriguez, Wanda Subject: RE: Lot 2 Bayfront Gardens ( April 9 HEX) Looks good! From: Ann P. Jennejohn [ma i Ito: Ann.Jennejohn @colIierclerk.com] Sent: Friday, March 13, 2015 9:51 AM To: ReischlFred; RodriguezWanda Subject: Lot 2 Bayfront Gardens ( April 9 HEX) Good Morning, Attached, for review, is the display for HEX Petition BD- PL20130002460, that'll be advertised next Friday, March 20 for a HEX hearing on April 9th, 2015. Please look it over and let me know of any changes /corrections that need to be made or if I can give NDN the go- ahead, at your earliest convenience. 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(a)naplesnews.com] Sent: Friday, March 13, 2015 9:32 AM To: Ann P. Jennejohn Subject: #231123984 - CCHEX.Bayfront Gardens Lot 2 Proof.032015 Hi Ann! Please provide approval ASAP for publication on 03.20.15. Thank you! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, March 18, 2015 4:08 PM To: Ann P. Jennejohn Subject: RE: #231123984 - CCHEX.Bayfront Gardens Lot 2 Proof.032015 Released... Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: ccpolidora .NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 XI I I 1 6 - 30 z v. From: Ann P. Jennejohn [mailto: Ann .Jennejohn(cbcollierclerk.com] Sent: Friday, March 13, 2015 10:16 AM To: Polidora, Carol Subject: RE: #231123984 - CCHEX.Bayfront Gardens Lot 2 Proof.032015 This one has also been approved, please publish March 20th, 2015. 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 :cpolidoragnaplesnews.com] Sent: Friday, March 13, 2015 9:32 AM To: Ann P. Jennejohn Subject: #231123984 - CCHEX.Bayfront Gardens Lot 2 Proof.032015 Hi Ann! Please provide approval ASAP for publication on 03.20.15. Thank you! Carol 1 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicad State of Florida Counties of Collier and Lee Before the undersigned they serve as appeared Daniel McDermott who on Inside Sales Manager of the Naples L newspaper published at Naples, in Cc distributed in Collier and Lee countif attached copy of the advertising, beir PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 on March 20, 2015. 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 secoi office in Naples, in said Collier Count: year next preceding the first publicatic advertisement; and affiant further says promised any person, firm or corporate commission or refund for the purpose publication in the said newspaper._ (Signature of affiant) S,,Worn to a d su cri ed before me T�is 24th da ar h, 2015 (Signature of 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, April 9, 2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples FL, 34104 to consider: PETITION NO. BD- PL20130002460 Robert Barbarossa requests a 36.1 -foot Boat Dock Extension over the maximum 20 -foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 56.1 feet to replace and expand the existing docking facility and add a boat lift for the benefit of Lot 2, Bayfront Gardens subdivision, located within the Lely Barefoot Beach PLID, Ordinance No. 85 -21, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. LEE COUNTY BONITA BEACH ROAD LELY PROJECT (C.R. 865) BAREFOOT BEACH CONDO LOCATION E ICK BONITA �pp SHORES y 5 LILY W BAREFOOT > C o a BEACH C AUDUBON �4 LEE v vm COUNTY COUNTRY C .(j CLUB j AUDUBON � VILLA A G COUNTRY CLUB STERLING BAY OAKS 8 FOREST B 10 �^ TWO C'] p THE LAKES WATERGLADES RETREAT PLAZA U a GLEN EDEN A y' BROOK J ON THE BAY S O ARBOR TRACE VILLAGE PLACE III VETERANS MEM 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 Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision be3omes 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 Division 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, Chief Hearing Examiner Collier County, Florida No. 2 31 1 2 3984 _ March 20. 2015 Notary Public - State of Florida _•; : •? Commission # FF 185630 My Comm. Expires Dec 28, 2018 •�iFOF FAO Bonded through National Notary Assn. I/11111,• OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts X15 i1P R 1 l FROM: Wanda Rodriguez, ACP Ale DATE: April 17, 2015 RE: Hearing Examiner Decision(s) from March 26, 2015 & April 9, 2015 Attached are signed HEX decisions as follows: March 26, 2015: HEX No. 2015 — 15 April 9, 2015: HEX No. 2015 — 16 HEX No. 2015 — 17 HEX No. 2015 — 18 [05-COA-01253/813782/1]744 HEX NO. 2015— 16 HEARING EXAMINER DECISION PETITION NO. BD-PL20130002460 — Robert Barbarossa requests a 36.1-foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 56.1 feet to replace and expand the existing docking facility and add a boat lift for the benefit of Lot 2, Bayfront Gardens subdivision, located within the Lely Barefoot Beach PUD, Ordinance No. 85-21, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: April 9, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.03.06 of the Land Development Code has been met and the petition is approved. ANALYSIS: Prior to the public meeting, emails expressing opposition from several parties were received. In addition, staff reported meeting with one member of the public who sought further information. There were no members of the public in attendance at the public meeting. The concerns expressed in opposition were over the quantity of boats docks within the overall bay area, depths of the water, presence of porpoises and manatees, and view orientation. The applicant supplied information showing adequate water depth, adequate channel width and a submerged resource survey indicating no negative impacts. Based on information provided, the dock meets the setbacks and alignment within the water frontage of the residential lot it is accessory to. The dock has been configured to minimize impact to a dense mangrove area along the shoreline. DECISION: The Hearing Examiner hereby approves Petition No. BD-PL20130002460, filed by David Turley of ADL Permitting Solutions, LLC, representing Robert Barbarossa, for a 36.1-foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 56.1 feet to accommodate a docking facility on the property located at 222 Barefoot Beach Boulevard and further described herein, in accordance with the Boundary Survey attached as Exhibit"A", and as subject to the condition(s) set forth below. [14-CPS-01375/1168638/1123 1 oft ATTACHMENTS: Exhibit A—Boundary Survey LEGAL DESCRIPTION: Lot 2, Bayfront Gardens, according to the Plat thereof recorded in Plat Book 14, Pages 114 through 117, of the Public Records of Collier County, Florida. CONDITIONS: 1. Reflectors and house numbers of no less than four (4) inches in height shall be installed at the outermost end on both sides of all docks or mooring pilings, whichever protrudes the furthest into the waterway,prior to the issuance of a Certificate of Occupancy. 2. At least one (1) "Manatee Area" sign shall be posted in a conspicuous manner as close as possible to the furthest protrusion of the dock into the waterway, prior to the issuance of a Certificate of Occupancy. 3. All prohibited exotic species, as such term may now or hereinafter be defined by the Land Development Code (LDC), shall be removed from the subject property prior to issuance of the required Certificate of Completion and the property shall be maintained free from all prohibited exotic species in perpetuity. 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. Li- Al- 20(5 [Al 4/ Date M. k Strain, Hearing Examiner Appr ved as form and legality: Scott A. Stone Assistant County Attorney [14-CPS-01375/1168638/1123 2 of 2 1 (7-- .. SKETCH OF SURVEY , . __---c------- --"*"...... .. ,,, SHEET 2 OF 3 ,1 50 .„----- - • e , 5 4* 5t, Pkt.7.:m SHORE -ikt.. TO END OP MICK ' — ■ Iti r\-c,' 34)" 40' 55.1 et H 1.,L 'D END or DucK 1 \\: . \. PROPOSED DOCK \ ' \ V ' E. 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At DE::m0D9OSED DOCK 1 wATE.R DEPTHS NOVEMBER 14. 21)13 PLAT T ttERE Or, RE*.tu,55 IN P.„97 BOOK 14, PAGE 11. ikkari, 117 a, *HE Pusuc RECORDS or MAIER CaviTr. ft..CRIDA, REvISED BOAT DOEX SIZE, I4AKH 6;2714 NOT 4AL::, v 1i40 " 7946 S:GMA?LIRE AND =HE ORIGINAL RAISED rEare,Y..■ SEAL CF A FI.09:7A I.ICE.N.SED SURVEYOR AND mAPPER .... ... I./ BEARIKS SHOWN HEREON RFT* TO 114C CENTERLINE Or BARErCiat REACH BLVD., BEING N 21`n ci - v fr; Robert R. Barbo(osso & Suzanne BarboraNsc es 7410 PROPER'Y IS 69,11.A.0 1. IC EASEMEN17 RESERVATIONS DR RESTR:STIONS OF RECORD BOUNDARY :,, D194051095 SHOLeN HEREON ARE IN rEET AND DECIMALS T-crsn, ,. IN.ROVFMENIS 0'4E2 tmAN TmOSC SHOWN HAVE NIT BEEN LECA'ED 1'' Dal I' " SURVEY • 0) LEGAL DESCRIPTION SUPPLIED 99 CLIENT Gt., ATC. I wo. V".— 6.1 ELE'4ATION BASED 09 NA7M.NAL vzoLaw.LAL ir:RTICA., DA'..09(NCVD) 1929 ' s- • I t tli. I 7 ' 77 1437955 IS IN 94555 510945 4514 DATED 5/16/1? & J , "ii*.ARLDTe AnRESS 022 PARUCIDT V 9,"., 'A.,.•,..1 X.pi...... .a.G Sl..G4G1C2 (2;9h2f9,49- 5 96 5 . i i ..1 EXHIBIT "A" AGENDA ITEM 4-B Co ger County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING: APRIL 9, 2015 SUBJECT: BD-PL20130002460, BARBAROSSA BOAT DOCK EXTENSION PROPERTY OWNER/AGENT: Owner: Robert R. & Suzanne Barbarossa Agent: David Turley 222 Barefoot Beach Boulevard ADK Permitting Solutions, LLC Bonita Springs, FL 34134 PO Box 111385 Naples, FL 34108 REQUESTED ACTION: The petitioner requests a 36.1-foot boat dock extension from the maximum permitted protrusion of 20 feet, which will allow construction of a boat docking facility protruding a total of 56.1 feet into a waterway that is 275 feet wide. GEOGRAPHIC LOCATION: The subject site is located at 222 Barefoot Beach Boulevard in Bonita Springs and is further described as Lot 2, Bayfront Gardens. The folio number is 23095000209. (See attached Location Map.) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is a request for a 36.1-foot boat dock extension beyond the maximum 20 feet for the subject lot. The boat dock facility will contain one slip. The total overwater dock structure proposed is approximately 518 square feet and will protrude a total of 56.1 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 81.14 linear feet. A single-family house exists on the site. BD-PL20130002460 EXHIBITPage 1 of 8 Barbarossa Boat Dock Extension. /la� M yl4/15 r ci P.Qz 3 g a m3� _ 2 KIIiEO vitt- 4,490 A z 2 mita, am tal re , k-,-- ....."-40%,. ..v ._ ,. - Ai ff40 \ ''' srmillihfi 5 -4**-'4' tilli. a_ .40,44v .4,, di -. , hi Ilk tall - 3 < #41A44#: 2 $1125141, mar'.., 2 # ligif 4014fi * P. ©'R iTri ‘ g -1 z �' ®P V 1��Al o 4-,Vi zs tofu 14 iv 4. 14k Atleilig1 i milk!. 4 Ifi sti g z *9N i, �� eel► \ ...-------- 0,4, it 8„Alin #11A, ail � N J d 77131 cu ION m; Z i D -=1 0 p-. , 8 I . 1 iiiiiii will 13 ;il ` -' ,�, � r 1 <1 : 2 iii , 1 4.. i � II ” 0- g. I �` _�__, X11 . i ,I h ,, ,� - K$,11 . 0 i= • z �� o MI WWII/ 111 r.', w ` g J GULP OF mSXfCO 9 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family house,zoned Lely Barefoot Beach PUD 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 A C.4 ip. lot _ .%110,1' ‘. ( -7,& ,,,a%......3o,„ lor Aerial of subject irk). rt (Goin=le) } u sillio ,104, t 4' ior 1 Bird's eye view of subject property(Bing) BD-PL20130002460 Page 3 of 8 Barbarossa 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)(1l), 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 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 certain criteria. In order for the HEX to approve this request, it must find that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the HEX: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) Criterion met. The proposed dock facility consists of one boat slip, which is appropriate in relation to the 81.14 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-PL20130002460 Page 4 of 8 Barbarossa Boat Dock Extension. 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 56.1 feet(20.4 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 (66.9 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-PL20130002460 Page 5 of 8 Barbarossa Boat Dock Extension. Criterion met. As shown on the drawing submitted by the petitioner, the dock area is not excessive, permitting the docking of one vessel 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 33 feet; therefore, the proposed dock is less than 50 percent of the property's 81.14 feet of shoreline. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The existing mangrove fringe obstructs the view of Little Hickory Bay from the first floor of residences. The view shed of neighboring properties will not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. According to the information submitted by the petitioner's consultant (Turrell, Hall & Associates), no seagrass beds were found within 200 feet of the proposed dock facility. Therefore,there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The petitioner's property is a single-family lot with one slip 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. A Boat Dock Extension (CCPC Resolution 06-03 - attached) was approved for this site in 2006. It was constructed and the applicant wishes to demolish it and replace it with the proposed dock. The conditions of approval included items that are no longer required by a BDE; they are now required by building code or are"boilerplate"requirements of the LDC. BD-PL20130002460 Page 6 of 8 Barbarossa Boat Dock Extension. 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 County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the HEX. In the event that the petition has 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-PL20130002460 on March 30,2015. SAS STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the Hearing Examiner approve Petition BD-PL20130002460. BD-PL20130002460 Page 7 of 8 Barbarossa Boat Dock Extension. PREPARED BY: 3•m?V-/S FRED EISCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: j// IL_ r . S•15--(5- RAY 4 N V. BELLOWS, ZONING MAMA DATE ZON ! DIVISION APPROVED BY: MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION BD-PL20130002460 Page 8 of 8 Barbarossa Boat Dock Extension. ;fit, Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMVIENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LOC Section 5.03.06 Chapter 3 B. of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees,the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. BD-PL20130002460 Rev: 1 222 BAREFOOT BEACH BLVD Date: 8/29/14 12/20/2013 DUE: 9/15/14 Page 1 of 7 Catcher County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION L DC Section 5.03.06 Ch. 3 B. of the Ad.. inistra ive Code THIS PETITION IS FOR(check one): I vi DOCK EXTENSION I BOATHOUSE BD-PL20130002460 Rev: 1 PROJECT NUMBER 222 BAREFOOT BEACH BLVD PROJECT NAME Date: 8/29/14 DATE PROCESSED DUE: 9/15/14 APPLICANT INFORMATION Applicant(s): Robert R. Barbarossa Address: 222 Barefoot Beach Blvd City: Bonita Sprs.State: Florida ZIP: 34134 Telephone: n/a Cell: (763) 442-9091 Fax: n/a E-Mail Address: sbarbarossaAmchsi Name of Agent: David Turley Firm: ADK Permitting Solutions, LLC Address: PO Box 111385 City: Naples State: Florida ZIP: 34108 Telephone: n/a Cell: (239) 273-9846 Fax: (239) 431-5040 E-Mail Address: d.turley07Pgmail.com PROPERTY LOCATION Section/Township/Range: 06 / 48 / 25 Property I.D. Number: 23095000209 Subdivision: Bayfront Gardens Unit: Lot: 2 Block: Address/General Location of Subject Property: 222 Barefoot Beach Blvd, Bonita Springs/ Lely Barefoot Beach Development Current Zoning and Land use of Subject Property: PUD / BD-05-AR-8828 Single Family Residence BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 12/20/2013 Page 2 of 7 Cater County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE I Zoning Land Use N PUD SingleFamily Residence S PUD/BD-PL20130001460 Single Family Residence E Waterway/ PUD Little Hickory Bay W Barefoot Bch Blvd 1 ROW/PUD 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): REMOVE EXISTING(504)SQ.FT.DOCK,(BD-05-AR-88280 AND REQUEST A 36 FOOT EXTENSION BEYOND THE MAXIMUM ALLOWED 20 FEET TO BE ABLE TO ROTATE THE BOAT SLIP TO ACCOMMODATE A 33'VESSEL AND ADD LIFT PILINGS FOR A FUTURE PWC LIFT.TOTAL OVER WATER STRUCTURE IS(518)SQ.FT.DOCK TO BE IN SAME LOCATION.(SEE DRAWINGSO SITE INFORMATION 1. Waterway Width: 275 ft. Measurement from n plat n survey n visual estimate n other(specify) 2. Total Property Water Frontage: 81.14 ft. 3. Setbacks: Provided: 25u22R ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 56 ft. 5. Number and Length of Vessels to use Facility: 1. 33 ft. 2. <16 ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: DOCKS AT 218 BAREFOOT BCN BLVD ARE 52',DOCKS IN BAYFRONT GARDENS AT LOT 1 IS 30',LOT 3 IS 50.9,LOT 4 IS 34' AND THE DOCKS DIRECTLY ACROSS THE BAY ARE LOT 22 IS 35,AND LOT 23 IS 30.4'. 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.21 Acres 8. 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? [1 Yes ❑ No If yes, please provide copies. 12/20/2013 Page 3 of 7 Coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner 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. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropr ate 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.) 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.) 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.) 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.) 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.) 12/20/2013 Page 4 of 7 Coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ISECONDARY 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 seagrass beds.) 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.) 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.) 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.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 12/20/2013 Page 5 of 7 Coit er County Hwy, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 B. of the Administrative Code for submittal requirements. This completed checklist is to be submitted with application packet in the exact order listed below, with cover sheets attached to each section.TneOmplete submittals wi l not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County 6 C] website) Signed and Sealed Survey [] El Chart of Site Waterway n n U Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall,or rip-rap revetment); • Configuration,location,and dimensions of existing and 6 I I [] proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Notarized and completed Owner/Agent Affidavits' 1 1] L Completed Addressing Checklist 1 - L Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all 1 [] El materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies '-equired. FEE REQUIREMENTS: ❑ Boat Dock Extension Petition:$1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information ndicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information ma result in the delay of processing this petition. z.€14 Signature of Petitioner or Agent Date 12/20/2013 Page 6 of 7 BD-PL20130002460 Rev: 1 222 BAREFOOT BEACH BLVD Date: 8/29/14 Col ier County DUE: 9/15/14 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT We/I,' f>c > r�tC.�.`; 12ct g 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/Ifurther authorize David Turley to act as our/my representative in any matte2 4: arding this Petition. Af/P,;t;-:/rX -e■-r Signature of Property hOwner Si g nature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this /. day of 241%2►L 20 I/ by C 4 who is personally known to me or has produced F L- 0 i... as identification. 6-3 State of Florida _ (Signature ofNotary Public-State of Florida) County ofC-ewer- L 2 (Print, Type,or Stamp Commissioned Name ofNotary Public) Brian Rebel, w d MYcOMMsmON R od# E 882618 Mardi 11,201? 12/20/2013 Page 7 of 7 BD-PL20130002460 Rev: 1 222 BAREFOOT BEACH BLVD BDE-PL20130002460 DUE: 8/ 15/14 Barbarossa Boat Dock Extension Petition Primary Criteria and Response 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and tinning 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 case of unbridged barrier island docks, additional slips may be appropriate.) The proposed project is to construct a private single family dock to facilitate the mooring of two motor vessels each with a boat lift which is appropriate in relation to the 81.14 linear feet of water frontage, which is typical 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 to shallow to allow launch and mooring of the vessel (s) described without an extension) The water depth at this location is not a factor (please refer to the attached drawings) hence this criteria would not be met. 3. Whether or not the proposed dock facility may have 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 facility will not adversely impact navigation due to the width of the existing waterway that does not have any marked navigable channels and has ample water depth > 7-feet at Mean Low Water.The dock facility has been designed similar to neighboring docks, so that it does not impede navigation. 4. Whether or not the proposed dock facility protrudes no more than 25% of the width of the waterway, and whether or not a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained of navigability. (The facility should maintain the required percentages.) The proposed dock protrudes a total of 56-feet (20.4 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 (66.9 percent) which is more than the required (50 percent) or 184 feet of navigable waterway. Page 1 of 3 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 (left) or approximately 100-feet from the adjacent dock to the north and a 22 foot (night) setback or a distant of 47-feet from the dock to the south which is also perpendicular to the shore line which is well within the required (15 foot side-yard setbacks). The proposed dock will not interfere with the use of the neighboring docks. Secondary Criteria and Response 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.) The shoreline is natural, not hardened, and supports a mangrove fringe. The proposed dock will be constructed within the footprint of the existing dock that is to be replaced. The boat slips and finger piers will be perpendicular, to the new 6' x 23' dock reducing any impact to the existing mangroves, as depicted on the drawings. 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.) Utilization of the available waterfront for the mooring of two vessels, routine maintenance and limited recreational use, kayak/canoe launching and retrieval, could not be achieved without this type of 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% of the subject property's linear waterfront footage.The applicable maximum percentage should be maintained. The width of the dock and vessel combination, perpendicular to the shore line is 33 feet; therefore, the proposed dock is less than 50 percent of the property's 81.14 feet of shoreline. Page 2 of 3 Secondary Criteria and Response (continued) 4. Whether or not the proposed facility would have a major impact on the waterfront view of the neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) The existing mangrove fringe obscures the view of Little Hickory Bay from the first floor of the neighboring residences and would not have an impact of their 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 LDC subsection 5.03.06 I of this code must be demonstrated.) No seagrass beds were noted within the immediate area. (please refer to the Submerged Resource Survey provided by Turrell, Hall and Associates) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements LDC subsection 5.03.06 E.11. (If applicable, compliance with the subsection 5.03.06.E.11 must be demonstrated.) This is a single family dock facility with two slips and is not subject to the requirements of the Manatee Protection Plan as stated in the above referenced code. Page 3 of 3 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 23095000209 Site Adr. 222 BAREFOOT BEACH BLVD Name/Address BARBAROSSA, ROBERT R SUZANNEBARBAROSSA 222 BAREFOOT BEACH BLVD City BONITA SPRINGS State FL Zip 34134-8505 Map No. Strap No. Section Township Range Acres *Estimated 3A06 180400 23A06 6 48 25 0.21 Legal BAYFRONT GARDENS LOT 2 Millage Area 0 3 Millage Rates 0 *Calculations Sub./Condo 180400 - BAYFRONT GARDENS School Other Total Use Code 0 1 - SINGLE FAMILY RESIDENTIAL 5.58 5.6697 11.2497 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 760,320 10/28/13 4978-3696 $ 2,100,000 (+) Improved Value $ 717,376 01/22/07 4172-656 $ 0 _ 06/10/05 3818-2155 $ 1,945,000 (-) Market Value $ 1,477,696 07/14/00 2698-1693 $ 1,410,000 (=) Assessed Value $ 1,477,696 08/22/89 1459-2191 $ 147,500 (-) Homestead $ 25,000 (_) School Taxable Value $ 1,452,696 (-) Additional Homestead $ 25,000 (=) Taxable Value $ 1,427,696 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main_S earch/RecordDetail.html?FolioID=... 3/24/2015 BD-PL20130002460 Rev: 1 ^w County BAREFOOT BEACH BLVD �t7 Ller Count y Date: 8/29/14 DUE: 9/15/14 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for 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) ❑ Carnival/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 may be attached) Bayfront Gardens Lot 2 S 6, T 48S, R 25E FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 23095000209 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 222 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# Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back ❑■ Personally Picked Up APPLICANT NAME: Robert R. Barbarossa PHONE (763) 442-9091 FAX email: sbarbarossa@mchsi.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 95000249 FLN Number(Primary) .2.30 Folio Number Folio Number Folio Number Approved by: Date: 19— Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED N d' O O I U 0 1- 0. . - w un 0 Z m oo Om W O Ce o — t 1-7�+ w C) } E 00 v _ _ M •- - c 4. N Y _. to<N fin -ter-,. .. - 00 : C 7 N 4 3 M 0.. 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F.I.R. x:,.,..,,,..�..ql"' .__ .'«':Yom•..,.. ti.., NO ID 0 10' 20' 30' 40' \ 1".0 Jai \ -9:4/ \N°'� / d \o,arn, 1Fg.I.Rg,5 F.L.R. / 32.73' (P) t' (n 0.07;54 N. = N 35'28'40" W ti tr 1.78W SURVEY TIE LINE 32.73' (M) N • LOT 1 \ N 35'51'56" W o e / 25'D.E.&UF. \ 50'9•54 w LpNo 1L l SC t116 Leper. / 5 65g753 53 - ODLN 8 NCLDSED ..- io 10 5 5 6g pATIQ LOT 2g; GBTV.;_ 0 F NO ID 9A fir.'/. w G PO• doc r',C d \ \ 3 \ �2 3�Ap POOL v� \ �, \ 1°`-'-‘ O 1 A' THREE STORY RESIDENCE o 47 ry 48.41' (P&M) \� N Z �� \ SURVEY TIE3LINE N \P'11:1\ 9 NILS.N6' iv A O'_-+ /\ Z•F�+•. Nom:moo. • ® MEAN HIGH 3. F.I.R. WATER LINE 0 £ -r ,ug,2 F .Pl No to LOCATED9/27/13 o. rn o % PAVERBRICK V\''-'01:3 ��6p3 `Mk \ r Y1 0 I / �n 1. ✓ 5 65 4.54 *N \5O LOT 3 \ v \ 5 6653 r� cc. \\ F.I.R... LEGEND \ NO ID F.C.M. ❑ FOUND CONCRETE MONUMENT(P.RM.) F.I.R. 0 FOUND 5/8'IRON ROD \ 2 2 F.N. FOUND NAIL BD-PL20130002460 Rev: 1 N� (M) MEASURED \ '...)•• (P) PLAT 222 BAREFOOT BEACH BLVD N LP• M.E MAINTENANCE EASEMENT \Q a• D.E pRAINAGE EASEMENT Date: 8/29/14 01‘ U.E. UTILITY EASEMENT DUE: 9/15/14 ¢ A/C AIR-CONDITION \'< P.E POOL EQUIPMENT \ DoPLS PROFESSIONAL UCENSED SURVEYOR o O .� PK PARKER KALON LB UCENSED BUSINESS *0 � • PC POINT OF CURVATURE r- (I)PC Lz LAeCERTIFICATION `� L1 LINE LABEL Robert R. Barbarossa and Suzanne Barbarossa, OENTERUNE Husband and Wife, VIM .. WATER MEIER Roetzel I. Andress,a legal professipi l 6.ds tiatIon) • UNDERGROUND TANK Old Republic National Title InsuRapCe Corpany(i1/4l,, EL ELEVATION BFP 4 BACK FLOW PREVENTOR �.' • . ( CBN ® CABLE TELEVISION BOK FAR. 112 •e-TELEPHONE RISER jtEAL PROPERTY DESCRIPTION; NO ID DNA ,'-B S0 Certificate`Number-4520'; umer 45204 LOT 2, BAYFRONT GARDENS,A SUBDIVISION ACCORDING TO THE Ari. PLAT THEREOF, RECORDED IN PLAT BOOK 14, PAGE 114 THROUGH (� rr •, 117 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. DATE OF SURVEY, SEPTEMBER 27, 2013 ' NOT VALID WITHOUT THE SIGNATURE AND THE OQIGINAL RAISED'" JVOTES: SEAL OF A FLORIDA LICENSED SURVEYOR AND MX>PPER1 F (,1 ' ' '} 1.) BEARINGS SHOWN HEREON REFER TO THE CENTERLINE OF BAREFOOT /// ,••••.... BEACH BLVD., BEING N. 21'26'09' W. • 'OE Robert R. Barbarossa & Suzanne Barbarossa 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BOUNDARY 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. SURVEY 4.) IMPROVEMENTS OTHER THAN THOSE SHOWN HAVE NOT BEEN LOCATED. 5.) LEGAL DESCRIPTION SUPPLIED BY CLIENT. • sc#.a =20' I RATE, I DRAWN. D,B.H. CHECKED B t49 6.) ELEVATION BASED ON NORTH AMERICAN VERTICAL DATUM (NAVD) 1988. mm & I D.H9, p, , 60 7.) HOUSE IS IN FLOOD ZONE VE14 DATED 5/16/12. EtLE ✓J7Ntlna. 337W/no,, Yet i. FILE Ma .`wr,ovinst & .tun li PlcinvLMtt. ACRO ERAARL➢T2 S 222 BAREFOOT BEACH BLVD 4092 Si spX449. REVISION, ADDRES J Xy.6e, 54na t 34102J2159 0,61.7 5965 J / WIDTH OF BAY 275+/_ S<ETCH OF SURVEY 1 25% NATER WAY WIDTH LINE SHEET 2 OF 3 `loRY 13° �* � IL ,- B-B--1 4 `\ Lt� I 5' 4' 56' FROM SHORE LINE TO END OF DOCK 0 10' 2D' 30' 40' 55.1 M.H.W.L. TO END OF DOCK PROPOSED DOCK & BOAT LIFT /FUTURE BOAT LIFT o./ C/ PILES tiN &?- 'R I ¢ .1,, _IF \ AO EDGE OF MANGROVE 4 3 N o F.) kv`�3 I �R /.14-(1402 NSLINE y41co��ry�hN /` 4�R 4--0/0/23E13I.21, v, zy� M rs `OGPtE MpNNEEL�63 _ — -all48.41' (p& — LZ 12 M. S 2B•0 ) W PZ`OEPZCD9 - .- t..0 N SNORE LINE o M APPROXIMATE TOP OF BANK SURVEY IE3u4E PPPROTI, 1t r I A'�`w,3 4 r . tl� O EDGE OF MANGROVE 42Q e °: LEGEND Cv " Q0 imv F.C.M. 0 FOUND CONCRETE MONUMENT(P.R.M.) S£& t N F.L.R. 0 FOUND 5/8"IRON ROD F.N. FOUND NM. ` (M) MEASURED (F) PLAT M.E. MAINTENANCE EASEMENT g UNDER ROOF v D.E. DRAINAGE EASEMENT 's.S- 50.3' -,--. U.E. UTILITY EASEMENT A/C AIR-CONDITION + -V)`-. 2V� 4 O o• 0 P.E POOL EQUIPMENT o o (v 'o N PLS PROFESSIONAL UCENSED SURVEYOR �O o0 h — '-- PK PARKER KALON LB LICENSED BUSINESS '3 - 3 PC PONT OF CURVATUREAt ?�; ai >. N �+ (1) CURVE LABEL (( _ N) e - _ Lt LINE LABEL ^ N y r7 q CENTERUNE WM .. WATER METER _® NM'') I.M)CO O �� M • UNDERGROUND TANK �/ Eo 6310 V 2� — N EL ELEVATION ODIII . 4.7'^- 4.7'- 44 BFP 4 BACK FLOW PREVENTOR CBTV ®CABLE TELEVISION BOX - N , 13.1' ,, IOL .F41: lei 13.2' TR •9 TELEPHONE RISER I 14.5' P M.H.W.L MEAN HIGH WATER UNE STAIRS M.L W.L. MEAN LOW WATER LINE - T I(�� \'/ r____.) PLAN R J; ti` M o ,44414 M1\ S 21'36'46" E 119.77' (M) e a. N 21'45'52" W 80.11' (M) S 21'26'06" E (P)120.00_ A \ - N 21' 26'06" W 80.00' (P) N 21'26'06" W 80.40' (P) 0 V o 4'0 o a 21'235'24" W 80.01' (M <eo - - c rI.4=Q 4'r� er0 CURB BAREFOOT BEACH BLVD. • David B. Bruns,PLS REAL PROPERTY DESCRIPTION: Certificate Number 4520 LOT 2, BAYFRONT GARDENS, A SUBDIVISION ACCOR➢ING TO THE DATE OF SURVEY: SEPTEMBER 27, 2013 PLAT THEREOF, RECORDED IN PLAT BOOK 14, PAGE 114 THROUGH A➢DED PROPOSED DOCK & WATER DEPTHS: NOVEMBER 14, 2013 117 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. REVISED BOAT DOCK SIZE: MARCH 6,2014 .NO TES: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 1 LI BEARINGS SHOWN HEREON REFER TO THE CENTERLINE OF BAREFOOT BEACH BLVD., BEING N. 21'26'09' W. (;: ' Robert R. Barbarossa & Suzanne Barbarossa 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF' RECORD. p 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. D O U N D A R Y 4.) IMPROVEMENTS OTHER THAN THOSE SHOWN HAVE NOT BEEN LOCATED. SURVEY 5.) LEGAL DESCRIPTION SUPPLIED BY CLIENT. SCALE: LAIE, NRAVN 6.) ELEVATION BASED ON NATIONAL GEOLOGICAL VERTICAL DATUM CNGVD) 1929 t'= 20' I D.H.B. c D.B.3. I PAGE, 60 7.) HOUSE IS IN FLOOD ZONE VEI4 DATED 5/16/12. m FILE ND, ,gyp &, ,i0/1.1 $Dlo,,,,,,img. ACRO BASGARLOT2 �\ 4072 60,., 1".,,,,,...4.4. REVISIONS. ADDRESS: 222 BAREFOOT BEACH BLVD /M 5 34102 (239) 261 – 5965 .04,.<1. Y4.,..•4.0.0 r.17 3244 WIDTH OF BAY 275+/ SKETCH OF SURVEY _ I 25% WATER WAY WIDTH LINE w SHEET 3 OF 3 KO s AY x _10.5 x -10.s x -10.s �`` x -10,8 -4%4..�i N , x -10.6 x -10.5 L� YEx -10.7 s x 5' 4k -10.4 p -- -- 56' FROM SHORE LINE TO END OF DOCK 0. i 10,3 x-10.3 0 10' 20' 30' 40' 55.1 M.H.W.L. TO END OF DOCK X \-102 0 x -10,0 PROPOSED DOCK _96 & BOAT LIFT \`� x 8.1 FUTURE BOAT !.NFT. 9A` 8.0 n o .[ c' 59 Di o EDGE OF MANGROVE a32W I ryxsl x -4.2x -333 oryry L I 4. 14'3.D 4 .y NEAN NZ�iNE )N N \ f"� \� N 1.3 i/1/PERE EPN H1�INE E13121' 67 1.3 WASER p4'/27 2yJ�)h N -0.9 a e LpGA'tE NEP1tv4S E a7 j63 �4� �,�,�, - . �_ 3 548.41' (P&M) `'1Aj�OCp:°9 • ••PROXIMATE TOP OF BANK SURV2600'3D E LINE /_ 7)E LINE APPRpXIMAS�R£ - r' 4.9 q tt� 4 4.6 , O EDGE OF MANGROVE �O R c? �/ LEGEND .,°! 1 Q m F.C.M. 0 FOUND CONCRETE MONUMENT(P.R.N.) x`(4-0 Ui F,I.R. 0 FOUND 5/8"IRON ROD F.N. FOUND NAIL _ (N) MEASURED " -" ^/ (F) PLAT UNDER ROOF I M.E. MAINTENANCE EASEMENT , D.E. DRAINAGE EASEMENT I O. 50.3' + U.E. UTILITY EASEMENT + Rn O A/C AIR-CONDITION +✓ Q C) P.E. POOL EQUIPMENT O 0* 5411 - CR PLS PROFESSIONAL LICENSED SURVEYOR u7 v '. - PK PARKER KALON .- -' LB LICENSED BUSINESS 3 - 3 PC POINT OF CURVATURE K. 3 SE 11. 0 A. i. 3 A' (N) CURVE LneEN. n •Y n C7 m a vT L1 UNE LABEL m- t� ~ c N M S CENTERLINE 0 !n 1nm h n n io WM w WATER METER 'nn no:, O _ 63 n ID • UNDERGROUND TANK V IO (0�V Z2 ID VT EL ELEVATION m Cl° - 4.7 - 4.7'- oBFP I BACK FLOW PREVENTOR A) In CBTV 4 CABLE TELEVISION BOO 4p 13.1' NII A' 14.5' .1 IM 13.2' 0 TR -B•TELEPHONE RISER M.L W.L. MEAN LIGHOW INE - --\-- - - - , STAIRS M.L.W.L. MEAN LOW WATER UNE \ ,a J J- \ �J FLN tR � ti * Z' i/ M `''off \ L...,0 S 21'36'46" E 119.77' (M) h` \ 0. - N 21'4552" W 80.11' (M) kt a S 21'26'06" E 120.00_(P) h N 21' 26.06" W 80.00' (P) N 21'26'06" W 80.c30' (P) o - - v d e'& ,Z21'235'24" W 80.01' (M '•e xe .4 D,,L 0 4.=O 4,20 <i2 \ CURB BAREFOOT BEACH BLVD. David B. Bruns, PLS ,REAL PROPERTY DESCRIPTION: CertlFicate Number 4520 DATE OF SURVEY: SEPTEMBER 27, 2013 LOT 2, BAYFRONT GARDENS, A SUBDIVISION ACCORDING TO THE ADDED PROPOSED DOCK & NATER DEPTHS,NOVEMBER 14, 2013 PLAT THEREOF,RECORDED IN PLAT BOOK 14, PAGE 114 THROUGH REVISED BOAT DOCK SIZE' MARCH 6, 2014 117 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED NOTES: SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 1.) BEARINGS SHOWN HEREON REFER TO THE CENTERLINE OF BAREFOOT / J BEACH BLVD., BEING N 21.26'09' W. ' Fm`'Robert R. Barbarossa & Suzanne Barbarossa 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BOUNDARY / 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. /� , I'`1 ` 47 IMPROVEMENTS OTHER THAN THOSE SHOWN HAVE NOT BEEN LOCATED. SURVEY 5.) LEGAL DESCRIPTION SUPPLIED BY CLIENT. SCI,LE, SATES DRAM AIIECKE& BOSS, 199 6.) ELEVATION BASED ON NATIONAL GEOLOGICAL VERTICAL DATUM(NGVD) 1929 L' `20' I O.B.H. I O.H.B. PAGE, 60 7.) HOUSE IS IN FLOOD ZONE VE14 DATE➢ 5/16/12. 2,... & gkruin6A 9Ame, FILE ND. ACAS VALE, ,`furv.cy[m8. & `.eon,.d 5'/.,.,,,2.? A'"'" f07P 6M• dP•we./4m6..ADDRESS: 222 BAREFOOT BEACH BLVD „yam gbh 54'(02 (139) 26f - 5965 REVISIONS 2b.4b ff.y,....6.«#Y8 3241 mi aw 2 I—Ill- N NII 1— II= Z U) i 3 _ o I—III—I} I 11 _.� ,g ~ I—I I a CD z t __ _ _ 1-11-1 I I . . � ° , 1 - z H ii �_ — Z _ CC I II IfI :� � .� � : a = ~ 11 III_ wm = 0 11 9 . �; I < W12 1—I 1—i irAimw w N coHI - . in 1117111-- z �Iii u) �- ° III-III-- 0 �, Ft =111=1 03 P'-'-, 1 1 1_1 I I 1 I_ = M ••': J 0 III- 1 I—i z vY Act- ¢ 0 : ( —{ I IIII—i w Jo 0 1 1—I I 7, I I — I II CC Lo b 1, oQ < 1 CO — 0=1I —i I_°' Q ° Z c\I I I- 11-1 I {_a. U) a 11 11 i:t III—I— —111m , LLI r4.nj _,,...„ _,, _ 4:cac —I11-1 —, __, ___:_i____.4_,___:_„,.... ..,...... ...„,,„ : AIMEE LI- ;��[ �. 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IN, ••,1 * i -4r`=', :-.-f 1,1P.-,••••,-....:7""'',r-,1,.-e•r.,7.1r . ,.,-.7.,:•7:1-.: !.. :.1 :725if;;;L; •C'F.:11%";;.;2•-•:F-,t'': ::',.....,,'; ."f'.".!:: ;; "•.22..-;:,.•:' •-:...:.'.;-:71,--"i1j•Th....„..:-C ;''': :'Vi."1., 6 r•V r‘.., 1-3 CI I I I I : ....••• (-4-c`. i I i i qj i t Pursuit Boats- OS 315 OFFSHORE Page 1 of 1 `^`-- ---P""'-- --4- OFFSHORE CENTER CONSOLE DUAL CONSOLE SPORT COUPE SPORT TENDER ( 1 I. f;.it�eet Deafer i f Request€sE reattarn $uta Seat at [ EXPLORE matne / View Gallery __ . - 1 - � K 5Specifications - _ -- _,, LO.A.wfPutpit 32'8'(9.98 m) - - Seam 10'8'(3.25m) Hull Draft °'(, gj. 1 - (motors up) 1'9(0.53 m) till ASta (motors down) 3'0'(0.91 m) ? - / Clearance w/Hardtop ts,, c f - ' r; 7 (from waterline) 9'3'(2.75 m) - t: ..---" �� /_ P.pprox.Dry Weight �``�� _ _ __. i (twin 300 engines) 11,015 lbs(4,989 kg) - f Fuel Capacity 284 U.S.gallons(1,675.1 L) - -..._ �_ .. ... 'ice �__ ._ � .�� _ Fresh Water Capacity 30 U.S.gallons(113.61) _ - - _.-------7---....._____ Holding Tank Capacity 18 U.S.gallons(68.1 L) Livewell Capacity 32 U.S.gallons(121 L) Fishbox Capacity 2 e 39 U.S.gal(2 @ 148 L) _ Max.Horsepower 600 hp(447.4 kw) Sleeping Capacity 4 ' Deadrise 20' For yacht-caliber comfort in a manageable size,the OS instant access to the ceiling mounted rod storage in the ® ® 315 fits the bit.Its enclosed helm,integral hardtop and mid-cabin berth. vented windshield afford unobstructed visibility,optimal • /"t - weather protection and comfort during those long,relaxing The OS 315's 284 ballon fuel ca'aaty ensures you'll have days on the water. the range to get to blue water or to the out islands;the 'Net tank capacity. hardest part will be deciding where you want to go. Ample companion seating in the helm area ensures the The usable ruel capacity will be affected by several factors, captain can enjoy camaraderie while he or she is at the The mid-cabin berth also affords cabinet storage and a including EPA-required fuel system components,temperature convenient location where the kids can nap or guests can and loading of the boat.These factors will reduce the usable helm or while relaxing at the dock. sleep during overnight stays.Additional sleeping fuel capacity by approximately 10%. The expansive cockpit with its plush cushioned stem seat arrangements are afforded by the forward V-berth that affords additional space for entertaining guests or for easily converts to an expansive dinette.The galley Specificarnns as wet as standard and optional equipment are lounging in the sun in a remote spot.Anglers and cruisers simplifies meal preparation on board with a single burner subject to change without notice.Ali measurements alike will appreciate the close proximity of the 36-gallon stove,Corian®countertop,stainless steel refrigerator,sink approximate.For more information and pddng.please contact insulated cooler in the stern seat base. with hot and cold pressurized water,microwave and ample your Pursuit dealer. For fishing,the OS 315 features a 32-gallon recirculating cabinet storage.The head compartment includes a stylish vewsh tackle t e OS 315 and storage-the helm glass-vessel sink with pressurized hot and cold water,a Performance Reports g vanity mirror,Vacu Flush head,towel bar and a convenient Twin 300 HP Yamaha Four-Stroke companionway and a conveniently-located hatch for shower sprayer. Twin 250 HP Yamaha Four-Stroke Brochure-View Online Gallery Show Standard Equipment Show Optional Equipment Show BD-PL20130002460 Rev: 1 222 BAREFOOT BEACH BLVD Date: 8/29/14 DUE: 9/15/14 Dealer Locator News/Events Press Room Store About Us Owners Contact = tta gil 0 2014 PURSUIT BOATS.Al!nghts reserved. htto://www.pursuitboats.com/OS315.php 5/5/2014 t f •41 fid` ..•j 0 r t ,� , T - • ; 1144 . ' -•_::tr,:.?.....7`-:—7—,: ',' Zi5 I - MI 1 0 : .. .1 1 i { IE S 1 F t; � r _1 a� , . , i i i c "� .,_ .,, --: - } e Perpendicular boat slips at 218 Barefoot Bch. Blvd. • -fir. -j tea;,i.• „N, . ier ,-, • ..li yJr-Lig- f {'� -.rte !'rI i . i '. ,� . -�. s '''F'.,.17' :i llt , [ - Imo. . i �::.-...,7--_,__--____ t ♦ , = o # ,---1e irel Perpendicular boat slips at 224 Barefoot Bch. Blvd. BD-PL20130002460 Rev: 1 222 BAREFOOT BEACH BLVD Date: 8/29/14 DUE: 9/15/14 CCPC RESOLUTION 06-,03__ A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BD-2005-AR-8828 FOR AN EXTENSION OF A BOAT DOCK ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance 2004-041, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which are provisions for granting extensions for boat docks;and WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, has held a properly noticed public hearing and considered the advisability of an 18-foot boat dock extension from the 20-foot length otherwise allowed by LDC Section 5.03.06. to authorize a new 38-foot boat docking facility located in a PUD Zoning District for the property hereinafter described; and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 5.03.06.;and WHEREAS, the CCPC has given all interested parties the opportunity to be heard, and considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY,FLORIDA,that: Petition Number BD-2005-AR-8828,filed on behalf of Ruediger&Barbara Brunsberg by Ben Nelson Jr.of Nelson Marine Construction,for the property hereinafter described as: Lot 2, Bayfront Gardens, as described in Plat Book 14, Page 114-117,of the Public Records of Collier County,Florida, be,and the same is hereby approved for, an 18-foot boat dock extension from the 20-foot protrusion allowed by Section 5.03.06. for a protrusion of 38 feet into the waterway for a new boat docking facility in a PUD Zoning District wherein said property is located,subject to the following conditions: 1. Corresponding permits, or letters of exemption, from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection shall be provided to Collier County prior to the issuance of a building permit. 2. Reflectors and house numbers of no less than four(4)inches in height shall be installed at the ,...� outermost end on both sides of all docks or mooring pilings,whichever protrudes the furthest into the waterway,prior to the issuance of a Certificate of Completion. Page 1 of 2 3. At least one (1) "Manatee Area" sign shall be posted in a conspicuous manner as close as possible to the furthest protrusion of the dock into the waterway, prior to the issuance of a Certificate of Completion. 4. All prohibited exotic species,as such term may now or hereinafter be defined by the LDC,shall be removed from the subject property prior to issuance of the required Certificate of Completion and the property shall be maintained free from all prohibited exotic species in perpetuity. __. :_. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion,second` and majority vote. Done this 1(o4 Y +day of ► tt cL ,2006. . COLLIER COUNTY PLANNING COMMISSION COLLIE CY„)F�RLIDA BY: �ki Qv P.STRAIN,Chairman ATTEST: . / Jo•-. K.Schmitt C+ , unity Development and Environmental S-—ices Administrator Approved as to Ftal -.d e:a . ency: rifirAL !Aram. Jeffrey A.Klatzkow Assistant County A or B D-2005-AR-8828AEJsp J'1 Page 2 of 2 BARBAROSSA RESIDENCE 222 BAREFOOT BEACH BLVD NAPLES, FL 34134 SUBMERGED RESOURCE SURVEY JANUARY 22,2014 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 BD-PL20130002460 Rev: 1 222 BAREFOOT BEACH BLVD Date: 8/29/14 DUE: 9/15/14 BARBAROSSA RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 22,2014 1.0 INTRODUCTION The Barbarossa residence and associated proposed docking facility is located at 222 _Rar_cfoot_..Beach 131%J.-..id: , t fied_by Parcel Number 23095000209. The pr ' i t... located off Barefoot Beach Blvd just south of Bonita Beach Road, bound to the west by Barefoot Beach Blvd, bound to the east by a Little Hickory Bay, and bound to the south by a single-family residence. The property is located in Section 06, Township 48 South, and Range 25 East. The upland portion of the property is 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 Vanderbilt Bay. The SRS survey was conducted on January 17, 2014. Light north winds, mostly clear skies, and a low full moon tide resulted in visible access to the entire project area. Surface water conditions on this day were calm which also helped to provide fair environmental conditions for the survey. The water temperature was 62°F. Low tide occurred at 8:01 A.M (-0.4') and high tide occurred at 2:05 P.M (1.8') 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 (Gamin Model 76csx). Page 1 of 3 BARBAROSSA RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 22,2014 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS _ to cover the entire property shorel- ,., r.R the prur,osed-.d- k-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. The neighboring properties have existing docks which provided easily identifiable reference markers, such as dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. One biologist walked/swam these transects using snorkel equipment where needed within the 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. 4.0 RESULTS The substrate found within the surveyed area included two distinct classifications; silt sand with shell debris and just silt/muck material scattered throughout. These substrates were found scattered throughout the surveyed area. There was also scattered shell debris along the property shoreline. The shoreline consisted of red mangroves and scattered rip-rap both of which provide 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 BARBAROSSA RESIDENCE SUBMERGED RESOURCE SURVEY JANUARY 22,2014 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 Lutjanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis 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 dock piles. The 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 (Lutjanus 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 ; WN to {e ;Fii JocorN . dm V _zF� o awz f`W mazz IININFGUJ J !2'12 ,-') : FF-- i 111 �P=o�� loP WWw 01 11.1 n, .i _ co '{ CO , ...,,,,-," = w fl C 1 t IF 41/ U f` o tee. e ....„ rr a a m J -,.,N-,--_, .d L) -. % r. _lit D c7 w . krt. • v \ + : ) .—, d1 m t Y M is y r .t Y:114W-8efbefosse 3RSIG0.0151-1te=7}EXH18i1114045R5Awp SVBMtHC3tU 1II2121714 4. Imo\ , ..al T..0,44.4. Ej - - „ a '- =- a - ,r-T - ': 1 sY 4 V 1 ,"ate-'' . 4 ate" — Existing Dock walkway through mangrove shoreline b Looking north on existing dock along mangrove shoreline MVP -e ..dt�—... ...r+' ._ _._....a.vr'_=.�. Imo` -At # _ 31. • Typical oyster debris • 4110*-4 4 • yy • Typical shell and oyster debris 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,April 9,2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples FL, 34104 to consider: PETITION NO.BD-PL20130002460 Robert Barbarossa requests a 36.1-foot Boat Dock Extension over the maximum 20-foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 56.1 feet to replace and expand the existing docking facility and add a boat lift for the benefit of Lot 2,Bayfront Gardens subdivision, located within the Lely Barefoot Beach PUD, Ordinance No. 85-21, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. LELY LEE COUNTY BONITA BEACH ROAD BAREFOOT ,pr-v.,�.��•- — PROJECT (C.R.865) CONDH ' E LOCATION 5 CONDO D ('HICK.r BAY BONZES -7I1 SHORES y LELY 15W BAREFOOT \^ g C BEACH °i O N c 'S; A,DUBON LEE v COUNTY C. rr-AA.4rar CLUB T\ o I '0I ,1 UBON CODUNTRY VILLAGE CLUB STERLING r ) /11011", CLUB ,ll OAKS trj _6 8 FOREST )D �,�� .„, x s Two . c; 0111114 THE LAKES � O WATERGLADES RETREAT PLAZA ` e \ OCN TH BAY III BROOK ' L` ARBOR TRACE ISI VILLAGE PLACE S Ap VETERANS MEM•-., •. 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 Department, Zoning Division, Zoning Services Section,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 Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. g EXHIBIT F xler1 Mark Strain, Chief Hearing Examiner .1kA 0 y13 Collier County, Florida Z Y 19//5 Tch- a. No.231123984 March 20,2015 1 April 6,2015 Collier County Growth Management Department Zoning Division Attn: Hearing Examiner Re: Petition BD-PL20130002460 Robert Barabossa Request for a 36.1-foot Boat Dock Extension Over the Maximum 20-foot Limit We believe that the current zoning laws were set forth with a particular objective in mind to allow everyone equal enjoyment of the bay. With the requested zoning variance of over a 100% increase of the current allotment for boat dock size,we feel that it will impair our property value and will interfere with our full enjoyment of the property which we have experienced for sixteen years. Not only will it block our view of the bay,but it also may set a precedent for all of the boat docks along Barefoot Beach Road. If those docks were to be extended,our home (which is located approximately 150 feet away)would be in the midst of a virtual marina. There are other options for larger boats. There are facilities in the area that will accommodate larger vessels. The Barefoot Beach-Southport Cove area was never intended to allow for very large boats. Current zoning laws have taken into account the size of our lagoon which is quite small. During low tide,it may be doubtful that one could even operate such a vessel with the depths in our bay. Unfortunately,my husband and I cannot attend the hearing because we have an important business meeting in Chicago that was scheduled three months ago. My father Wilfred Jacobson,who is 89 years old with Parkinson's disease, doesn't feel that physically he can attend the meeting along with my mother who has Alzheimer's disease. If you decide to reschedule the hearing for another time,we will make every effort to attend. Sincerely,. Joan&John Gilchrist Dorothy &Wilfred Jacobson Owners 92 Southport Cove Bonita Springs,FL 34134 April 6,2015 Collier County Growth Management Department Zoning Division Attn: Hearing Examiner Re: Petition BD-PL20130002460 Robert Barabossa Request for a 36.1-foot Boat Dock Extension Over the Maximum 20-foot Limit We believe that the current zoning laws were set forth with a particular objective in mind to allow everyone equal enjoyment of the bay.With the requested zoning variance of over a 100% increase of the current allotment for boat dock size,we feel that it will impair our property value and will interfere with our full enjoyment of the property which we have experienced for sixteen years.Not only will it block our view of the bay,but it also may set a precedent for all of the boat docks along Barefoot Beach Road.If those docks were to be extended,our home (which is located approximately 1.13 150 feet away) would be in the midst of a virtual marina. There are other options for larger boats.There are facilities in the area that will accommodate larger vessels.The Barefoot Beach-Southport Cove area was never intended to allow for very large boats.Current zoning laws have taken into account the size of our lagoon which is quite small. During low tide,it may be doubtful that one V} could even operate such a vessel with the depths in our bay. Unfortunately,my husband and I cannot attend the hearing because we have an important business meeting in Chicago that was scheduled three months ago.My father Wilfred Jacobson,who is 89 years old with Parkinson's disease,doesn't feel that physically he can attend the meeting along with my mother who has Alzheimer's disease.If you decide to reschedule the hearing for another time,we will make every effort to attend. Sincerely, Joan&John Gilchrist ( Dorothy&Wilfred Jacobson f d , Owners 92 Southport Cove �� P/�"�,� �'6t9TT�� - 'ft5/ Bonita Springs,FL 34134 Page 1 of 1 From: sue taylor [ranchpop@gmail.com] Sent: Monday, April 06, 2015 8:50 PM To: ReischlFred Subject: Petition: BD-PL20130002460 Robert Barbarossa Dock Extension Hello Mr Reischl, We were just informed of this petition today April 6, 2015 by our neighbor. We are writing to object the boat dock extension along Barefoot Beach Blvd. This is a very small bay with already a number of existing boat docks. This bay and existing bays to open water are very shallow. This bay offers shelter to porpoises and manatees. There is a wonderful boat club around the corner with a boat lift on Bonita Beach Road, and also Back Water Bay boat rental. The current zoning laws were created to keep a beautiful looking bay with harmony to wildlife, homes with green backyards and views, and small boats to maneuver the mangrove water trails. Adding a 36.1 extension to a 20 foot limit dock, is a huge extension into the bay shared by many homeowners. This 56 foot dock and 52 foot boat on a lift would be a huge imposition on all the homeowners sharing this natural bay and sea life. Sue Taylor, Kim Haege, William Neuder, David Neuder, Marylyn Neuder file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/Cu... 4/9/2015 ti ii 4 • a up 0 ii 41 J . J.4 1 LP , �L i COo 12) .....„.: ,c.....9 it A• 1 _ c C.d 4 tix Qlif kr) r4O L. ri,` , .1 f ry.,...."I If Ali '+' 21 04' `Oop ;4d L ' LQ &z 3 - 1 41 0 QD 0 a., z. ,_, ,:. 41 10 . -,-/ 111/ WO'� O� mom, ' Or ', 4.7 O ZY o� `.. r Y bop f \,a)\.16 o W G !4 --: gari/Il isefoo!tYI ' 1' t. ♦ Y IF x--------r-----4rt-e .1 , ,lir.. es, r.,, tikt 4 1 4 1 P; p W rft `' �Fu ,-9-i. a ✓' o �? C--. O T • 7 S "� a IV • . M1 I!!! _ wCUO j 4P f� 40_ 11/I ler ' e . .H 4N a r Cl) BD— PL20140002207 DOCHEX 4-9-2015 .KSIDE RPUD Ann P. Jenneiohn From: Reischl, Fred Sent: Tuesday, March 10, 2015 4:50 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: REVISED RE: Ad Request BD- PL20140002207 Attachments: Ad Map BDPL142207(2X3).pdf; Ad Request - signed.pdf, Ad Request.docx Importance: High My apologies — I had the wrong run -date! From: ReischlFred Sent: Tuesday, March 10, 2015 4:09 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; 'Patricia L. Morgan'; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Ad Request BD- PL20140002207 Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239 - 252 -4211 colliereov.net 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. Ann P. Jennejohn From: Rodriguez, Wanda Sent: Wednesday, March 11, 2015 11:08 AM To: Reischl, Fred; Minutes and Records Cc: Stone, Scott Subject: RE: REVISED RE: Ad Request BD- PL20140002207 The title and requested run date are correct; OK to proceed. Wanda Rodriguez, .ACP - Advanced Certified ParaCegaC Office of the County Attorney (239) 252 -8400 From: ReischlFred Sent: Tuesday, March 10, 2015 4:50 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: REVISED RE: Ad Request BD- PL20140002207 Importance: High My apologies — I had the wrong run -date! From: ReischlFred Sent: Tuesday, March 10, 2015 4:09 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; 'Patricia L. Morgan'; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Ad Request BD- PL20140002207 Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239 - 252 -4211 colliergov.net March 10, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 20, 2015 and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 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. DIVISION: ZONING (Zoning Services Section) FUND & COST CENTER: 131 - 138326 - 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authoriz d Q signee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING K4, 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, April 9, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: PETITION NO. BD- PL20140002207 — Real Estate Technology Corporation of Naples requests a 10 -foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 30 feet to accommodate a 9 -slip boat dock for the benefit of Dockside Residential Planned Unit Development, Ordinance No. 14 -16, located east of Collier Boulevard (CP 951) on Henderson Creek Drive in Section 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 6f acres. (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 Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. x: V 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 Division 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, Chief Hearing Examiner Collier County, Florida ! § � �§ §§ m_` ADD qQ� q § | )2�t $� | k ® ;■ k- �2 g |§ 2 0 Acct #076397 March 11, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BD- PL20140002207 Dockside RPUD (Display Ad) Dear Legals: Please advertise the above referenced notice (w/Map) on Friday, March 20, 2015 and send Duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500154426 March 11, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 20, 2015, and furnish proof of publication to the attention of Board Minutes and 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: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500154426 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, April 9, 2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples FL, 34104 to consider: PETITION NO. BD- PL20140002207 — Real Estate Technology Corporation of Naples requests a 10 -foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 30 feet to accommodate a 9 -slip boat dock for the benefit of Dockside Residential Planned Unit Development, Ordinance No. 14 -16, located east of Collier Boulevard (CP 95 1) on Henderson Creek Drive in Section 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 6± acres. (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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida | ■■ §| _ _ � § 2 �t $2 ¥ § r o 0 :0 . � o A 7 z� Ann P. Jennejohn From: Ann P.lennejohn Sent: Wednesday, March 11, 2015 12:52 PM To: Naples Daily News Legals Subject: BD- PL20140002207 (Display) Attachments: BD- PL20140002207.doc; BD- PL20140002207.doc; BD- PL20140002207.pdf Hi again, Please advertise the attached Notice (w /Map) on Friday, March 20, 2015. Thank you! Ann Jenne john, 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: Friday, March 13, 2015 9:35 AM To: Ann P. Jennejohn Subject: #231123985 - CCHEX.Dockside Proof for 03.20.15 Attachments: N DN231123985.CC H EX.Dockside.032015.pdf Ann, Please provide approval ASAP for publication on 03.20.15. Thank you! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(cD-NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 a ; " rifts (.o, --n 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, April 9, 2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples FL, 34104 to consider: PETITION NO. BD- PL20140002207 — Real Estate Technology Corporation of Naples requests a 10 -foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 30 feet to accommodate a 9 -slip boat dock for the benefit of Dockside Residential Planned Unit Development, Ordinance No. 14 -16, located east of Collier Boulevard (CP 951) on Henderson Creek Drive in Section 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 6t acres. FALLING WATERS BEACH WINDING RESORT CYPRESS /y (DRI) 4 p 0 ING 2 EAGLE 3 CREEK PROJECT ARTESA PO4NTE LANDS END LO CAT I 0 N PRESERVE NAPLES MOTORCOACH RIVER END ^; RESORTS9'J IA J O) � d0 9 Cd m 10 COPPER 11 COVE CTR. w TR. BUSINESS PRESERVE OF NAPLES 0 MARCO SHORES/ SILVER LAKES —4-1 FIDDLER'S CREEK DRI 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida No. 231123985 March 20. 2015 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Friday, March 13, 2015 10:03 AM To: Ann P. Jennejohn; Reischl, Fred Subject: RE: Dockside BD- PL20140002207 (April 9 HEX) This one looks good also. 'Wanda Rodriguez, MCP Advanced Certified ParaCegaC office of the County .Attorney (239) 252 -8400 From: Ann P. Jennejohn [ mai Ito: Ann .Jennejohn(a)colIierclerk.com] Sent: Friday, March 13, 2015 10:00 AM To: ReischlFred; RodriguezWanda Subject: Dockside BD- PL20140002207 (April 9 HEX) Another ad for you to review........ some advertising date, March 20, and the same April 9 HEX hearing date. Dockside RPUD Petition BD- PL20140002207 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 @napllesnews.com] Sent: Friday, March 13, 2015 9:35 AM To: Ann P. Jennejohn Subject: #231123985 - CCHEX.Dockside Proof for 03.20.15 Ann, Please provide approval ASAP for publication on 03.20.15. Thank you! Carol Ann P. Jennejohn From: Reischl, Fred Sent: Friday, March 13, 2015 1:23 PM To: Ann P. Jennejohn; Rodriguez, Wanda Subject: RE: Dockside BD- PL20140002207 (April 9 HEX) Looks good! From: Ann P. Jennejohn [mailto: Ann .Jennejohn(abcollierclerk.com] Sent: Friday, March 13, 2015 10:00 AM To: ReischlFred; RodriguezWanda Subject: Dockside BD- PL20140002207 (April 9 HEX) Another ad for you to review........ same advertising date, March 20, and the same April 9 HEX hearing date. Dockside RPUD Petition BD- PL20140002207 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: Friday, March 13, 2015 9:35 AM To: Ann P. Jennejohn Subject: #231123985 - CCHEX.Dockside Proof for 03.20.15 Ann, Please provide approval ASAP for publication on 03.20.15. Thank you! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpolidoraCa� Naples News. com A: 1100 Immokalee Road I Naples, FL 34110 4 tit News corm Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, March 18, 2015 4:01 PM To: Ann P. Jennejohn Subject: RE: #231123985 - CCHEX.Dockside Proof for 03.20.15 Thanks Ann! Released... Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(c) Naples News. corn A: 1100 Immokalee Road I Naples, FL 34110 '' e From: Ann P. Jennejohn [mailto:Ann.Jennejohn cbcollierclerk.com] Sent: Friday, March 13, 2015 10:14 AM To: Polidora, Carol Subject: RE: #231123985 - CCHEX.Dockside Proof for 03.20.15 Looks great, please publish March 20th, 2015. 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 (Fox) From: Polidora, Carol [ mailto :cpolidoraCanaplesnews.com] Sent: Friday, March 13, 2015 9:35 AM To: Ann P. Jennejohn Subject: #231123985 - CCHEX.Dockside Proof for 03.20.15 Ann, Please provide approval ASAP for publication on 03.20.15 Thank you! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(DNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the a appeared Daniel McDermott who on oath Inside Sales Manager of the Naples Daily newspaper published at Naples, in Collier distributed in Collier and Lee counties of attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time on March 20, 2015. Affiant further says that the said Naples published at Naples, in said Collier Count newspaper has heretofore been continuou County, Florida; distributed in Collier anc each day and has been entered as second ( office in Naples, in said Collier County, F year next preceding the first publication advertisement; and affiant further says the promised any person, firm or corporation commission or refund for the purpose of s publication in the said newspaper. (Signature of affiqnp Sworn to an subscribed before me Ts 24�th( /tl o :Marc , 20 /155 (Signature of notary p 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, April 9, 2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples FL, 34104 to consider: PETITION NO. BD- PL20140002207 — Real Estate Technology Corporation of Naples requests a 10 -foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 30 feet to accommodate a 9 -slip boat dock for the benefit of Dockside Residential Planned Unit Development, Ordinance No. 14 -16, located east of Collier Boulevard (CP 951) on Henderson Creek Drive in Section 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 6± acres. 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida No. 231123985 _. March 20, 2015 CAROL FvLiDORA ,• �� : Notary Public -State of florida Commission # FF 185630 '.; OF,F�o? °`` My Comm. Explres Dec Bonded through National Notary Assn. FALLING WATERS BEACH WINDING RESORT CYPRESS (DRY) 4 p IN C RO 2 EAGLE CREEK 3 ARTESA PROJECT POINTE LANDS END LOCATION PRESERVE Tq NAPLES MOTORCOACH / RIVERBEND RESORT I 1 �A ^.a 4 �< / In J m D �6 9 GO 10 11 COPPER Of w ASGM BUSINESS COVE PRESERVE 4y'{ '-TR. OF NAPLES 0(� OU MARCO SHORES/ �O 0P SILVER LAKES FIDDLER'S CREEK DRI 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida No. 231123985 _. March 20, 2015 CAROL FvLiDORA ,• �� : Notary Public -State of florida Commission # FF 185630 '.; OF,F�o? °`` My Comm. Explres Dec Bonded through National Notary Assn. AGENDA ITEM 4-C S9&92tY er STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING: APRIL 9, 2015 SUBJECT: BD-PL20140002207,HENDERSON CREEK BOAT DOCK EXTENSION PROPERTY OWNER/AGENT: Owner: Real Estate Technology Corporation Agent: Kris W. Thoemke of Naples Coastal Engineering Consultants, Inc 900 Broad Avenue South, Unit 2C 3106 South Horseshoe Drive Naples, FL 34102 Naples, FL 34104 REQUESTED ACTION: The petitioner requests a 10-foot boat dock extension over the maximum permitted protrusion of 20 feet to allow construction of a boat docking facility protruding a total of 30 feet into a waterway that is 90 feet wide. GEOGRAPHIC LOCATION: The subject site is located at 952 Henderson Creek Drive on the south side of Henderson Creek Drive and on the north shore of Henderson Creek. The folio numbers are 00725080004 and 00725720005. (See attached Location Map.) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is a request for a 10-foot boat dock extension beyond the maximum 20 feet for the subject lot. The boat dock facility will contain nine slips. The total overwater dock structure proposed is approximately 1,865 square feet and will protrude a total of 30 feet into a waterway that is approximately 90 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 319 linear feet. The upland site has been approved for a maximum of 44 dwelling units(Dockside RPUD). 4s EXHIBIT BD-PL20140002207 Page 1 of 7 Henderson Creek Boat Dock Extension. S w&-y A 1�G le a Li lairs--ru- • t I—I •.• .:•.. , �� • �.] P� �� C � c.-- .WI ,.., PPM w • C ...w \ 11111 WIMP. . A\""'". w Me ,a,.• , n s �s 1 i6""`! •I'Pr�l9`I44 n., PUD .. _ ® MILE am .aPPM t� swum i l MN SITE P LOCATION " \ M�fM PPMw"'�'bM IMAM [PM ' 1 N. o A t 10 /. r/ "0r gPUD: M . _ f f MAO OM 1D ':33K1111140::. MN ¢ s fI 1 ® PNOJEOT' ' C-3 MN �� __,_, 4 ��CATION Is. 11111111111 p1.14,11,. MN . .I r .........' Or'. - ' '''N'i,.. •••• , !1,'_24.7. Lira ... ii.,,,,,.____........._......... , .__: „0„.„ ;-;:s ». '.N A .. 41 38/ `1.M.,,. tee: o cm? • : ,i Eal3 ra 1:1' ;:i ; :,.441,01, M I If N1f 0t (000 d .1 �-,{Q x D)♦ “ C - ,� �I *1411111110 ; . ilkarm..d is Pli%CC�iIi11111111111E0 . 1-1 0>i .:.°_,..., /-�,\,,,,,,,,,, V NM •. 10)1,1(30 A f0 J A� Si, I (� / ��\ it- p c a: c a MIMI I" Rte-z RM .113 CID r--. , `I 1 v L ,.........._,..-1 LOCATION MAP ZONING MAP PETITION BD-PL-2014-2207 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Undeveloped parcel, zoned Dockside Residences RPUD SURROUNDING: North: Henderson Creek Drive ROW, across which are mobile home residences, zoned MH East: Mobile home residences, zoned MH South: Henderson Creek, across which are mobile home residences, zoned MH West: Multifamily residences, zoned RMF-6 lit L 5 I Aerial of subject shoreline(Google) 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 nine boat slips and is therefore not subject to the provisions of this section. STAFF ANALYSIS: Section 5.03.06.E.2 of the LDC, Standards for Dock Facilities, states that for lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less. Twenty five percent of a 90-foot waterway is 22.5 feet, making 20 feet the lesser number;therefore, the request is for a 10-foot extension over the required 20 feet. BD-PL20140002207 Page 3 of 7 Henderson Creek Boat Dock Extension. The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on certain criteria. In order for the HEX to approve this request, it must find that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the HEX: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed dock facility consists of 9 boat slips, which is appropriate in relation to the 319 linear feet of water frontage of the subject lot. The proposed residential component of this project has been approved for a maximum of 44 units, so 9 slips is appropriate. 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 proposed dock facility will be 2.77 feet at MLW and the proposed draft of the boats is 2 feet. 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 facility will not adversely impact navigation and shall leave 50 percent of the creek unobstructed. 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.) BD-PL20140002207 Page 4 of 7 Henderson Creek Boat Dock Extension. Criterion not met. Information provided in the application indicates that the proposed dock will protrude 30 feet (33.3 percent) into a waterway that is 90 feet in width. The docks on the opposite shoreline protrude 15 feet (16.7 percent). Therefore, the dock facility will maintain the required minimum of 50 percent of the waterway as open. However, since the dock facility protrudes more than 25 percent (33.3 percent)this criterion is not met. 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. Since neighboring docks are on the opposite shoreline, the proposed dock should not cause any interference. 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 stabilized with rip-rap. The applicant states that the angle of the rip-rap prevents a dock facility within 20 feet. 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.) Criterion met. The dock is proposed at 6 feet in width, which is not excessinve. 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 not applicable. The proposed dock would be in support of a multifamily development. 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 view shed of neighboring properties will not be impacted. BD-PL20140002207 Page 5 of 7 Henderson Creek Boat Dock Extension. 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 applicant,no seagrass beds were found within 200 feet of the proposed dock facility. Therefore, there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The petitioner's property is a nine slip facility 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,criteria 3 and 6 are not applicable, and the request meets all of the remaining four 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 County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the HEX. In the event that the petition has 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 Attiorney reviewed the Staff Report for BD-PL20140002207 on March 30, 2015. SAS STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the Hearing Examiner approve Petition BD-PL20140002207 subject to the following condition: 1. Construction of the docks shall not commence until the approval of a Site Development Plan for the upland housing development and the subject docks and the issuance of a building permit for the upland housing development, as well as the docks. A Certificate of Occupancy(CO) shall not be issued for the docks until a CO has been issued for the upland housing development. BD-PL20140002207 Page 6 of 7 Henderson Creek Boat Dock Extension. PREPARED BY: FREDIVISCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAY/0-7.4,9 AY ND V. BELLOWS,ZONING MANAGER DATE ZONI G DIVISION APPROVED BY: 2?- MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION BD-PL20140002207 Henderson Creek Boat Dock Extension. HENDERSON CREEK DOCK BOAT DOCK EXEMPTION PREPARED FOR: REAL ESTATE TECHNOLOGY CORP. OF NAPLES INDEX - ,, 1. COVER SHEET y 2. PROPOSED DOCK PLAN VIEW I ❑ 3. PROPOSED DOCK CROSS SECTION - ❑ 441, s ., s TIDAL INFORMATION L TIDAL DATUMS AT HENDERSON CREEK ARE BASED ON TIDE INTERPOLATION POINT ID:100755(FROM LABINS) TIDAL EPOCH = 1983-2001 ELEVATIONS OF TIDAL DATUMS ARE REFERENCED IN ,,, NAVD 1988. MEAN HIGH WATER(MHW) _ +0.40 FT NAVD MEAN LOW WATER WMLW) = -1.73 FT NAVD t `.1 ` 1 LOCATION MAP N.T.S. ra COASTAL CML ENGINEERING --�:iiENi BATE SCAIE ENGINEERING SURVEY3NAPPING REAL ESTATE TECH-CORP.OF NAPLES DAN "a1�F8 AS NOTED CONSULTANTS COASTAL ENGINEERING 1'- OVT s INC. PLANNING SERVICES HENDERSON CREEK PROPERTY N6�RED """ C...... AK iaP !II PHONE.12391613-2324COVER SHEETSOUTH HORSESHOE DRIVE Y��X.( 11 3 :�.9 ND13108-BDE PETITION.:clwg,ES.FLORIDA31101 E-Mtl.HI Oa6I.raln. AEr 13.106 Na DATE BY RENON DESCRIPTION R cx Z 0 20 40 80 m r SCALE:1"=40' tr "` PROPOSED MANATEE 1 EDUCATIONAL SIGN r -`,//1---4-,-1-3-- ..— �p r EXISTING DOCK o r- NC FL SN:'>GGK 1 I r� _.-------1.\---,,-,:: .-� • G`� r re a 4 r iy'". , � ��1 ,� 1 NI,, . tii gA .-"i�A r t 18 00.— Z 42 2 41° " TSP' . 1 \ ';'t * ,,_ —lri- NOTES: PROJECT INFO: : i, INFORMATION SHOWN HEREON REFLECTS CDNDITIONS AS SHORELINE LENGTH 319 FT - THEY EXISTED ON THE SURVEY DATE SHOWN AND CAN ONLY DOCK AREA CREEKWARD OF BE CONSIDERED INDICATIVE OF CONDITIONS AT THAT TIME. MHW:1,865 SF 2 AERIAL.PHOTOGRAPHY OBTAINED FROM COLLIER COUNTY, • SLIP DIMENSIONS:30 FT x 10 FT :,� DATED DECEMBER 2413. • TOTAL SLIPS:9 C A AL civa€,NeEaIN o.t ACAS 2" SllRVEY6 MAPVIN�� ttA/N AS NOIPR, ENGINEERING cuASTALENGiNEEPoNG REAL ESTATE TECH.CORP.OF NAPLES aAA* ev FA _ _.. CONSULTANTS ENV RONNENTAl INC PLANNING SERVICES HENDERSON CREEK PROPERTY 4L[Li GRWPLOMonR�' B6C_.....�f —...__.�.a�.._.. s M"°"eas" "" PHONE(239vN3-1141 PROPOSED DOCK PLAN VIEW VR gIM6 3106 SOUTH HORSESHOE DRIVE coag prpnwmgl lmm MAO NCS 13188-BOE PET1l10N,avq NAPLES.FLORIDA 3a 04 Mvw E-M u•,440.0,1 rnm uo. 13.108 No. w18 e. ncNsrou°tscwvnou 1 30.0' 1 BLACK POLYETHYLENE PILE CAP PROPOSED 8"DIA. PILE RUBRAIL TIMBER PILE(TYP) 10 FT ALLOWANCE FOR DOCKED VESSELS r--- 10.0' DECK SPACING 5.0' 1/8"TYP. TIE IN WITH 5/8"0 THRU BOLTS EXISTING GRADE W/WASHERS BOTH ENDS 3"X 8" 1,-1-- 6.0 ' ._ 'I STRINGER� I. 8'TYP. _ -- ELEV.+2.3'(NAND) • MHW ELEV.=+0.40'(NAVDI gix ;',Emoii"'"'"" _ \-3"X10" PILE WRAP FROM 1 MLW ELEV.=-1.73'(NAVA) I CLAMP CLAMP TO 1 FT I BELOW MUDLINE APPROX. �� PILE WRAP CREEK BED ��_..- r'It' FROM CLAMP TO MUDLINE I I Ll_li -----'s—II I I 6 xi p>1 t>i >J >.1 SECTION A-A SCALE:1"=4' CIVIL ENGINEERING f UENi" — '"' „lz COASTAL SURVEY S F �"i AS NOTED -, ENGINEERING COASTAL ENGINEERING F REAL ESTATE TECH.CORP.OF NAPLES Imo„ GV1„ CONSULTANTS ENVIRONMENTALr 669000 — ” INCD ..E�PAN, PLANNING SERVICES T HENDERSON CREEK PROPERTY .Ez MAN" "n, PHONE(239/643-7324 PROPOSED DOCK CROSS-SECTIONS PAX(239)643-1143 MAO No 11106-SDE PETITION<Hp 3196 SOUTH HORSESHOE DRIVE 4-+MD+h"W^^4^^9 c^^' NAPLES FLORIDA 34104 ElAW,11,40.41...^ REF 143 13.106 NO DATE 01 601400006.181.1.. ,",.....e...".."-! , . ...44 montrKLYZ.z.E4ca. . 1 : , . ' '---' ":-1-1-1--.171_1_7" 43---L....... . r• ' t riliTrrr i.T.FrTrirrizrrar ItiriHr .1' ; , _. .' I il77.1. „_ __ _ I L= .L4 , _ _, _1, I j I 1.71TrE i / 1 . _Z._I-_______!-- __ _ ,/ , --*---2A- - - -4 '':',:,,,,31, 1 ' I 1 "1-,111,...nalali '' ” 111 ' V • .1 iii-,I;-I -- - . r 4,"A L'--71-7-1-7-- II_ ___..L----1-1 I 7 1 1 A ...v -1---4-' i I 1.,---,1 ! " , .....1..., .... „.. ... , i „.„. , 1 , 1.,..i.... - ....J. \ •,. , --.-1-- -'- -'i-1-i I I - I-1-- -.1- --• • - 1 : : • .-, , _ .61 ,i -_---.----' ,T 't I I ,..___',, !I Nmi ._ i I — 71,—. ic i 1 ., , , , , I I I l'e 1 1' !! 0.09.44.5.M., 1 0.10111WIROVILMOIL A DOCKSIDE RESIDENCES - : LEGOD • ' ' --- L MGradyMInor ' 7,2.7,:...*"F7i.7".'El . ---.--' -? 1--- SITE LATOut PLAN 174."-L'4., ..„.r.,,, _,... _ ...,...„„, :"4.-..,...r..40.„ . ::...4z444„....,„ . Rm.,. 1.48,4.4,,ram..... -_ ,. TURBIDITY CONTROLSRING ANDALL MONITORING SHALL BE ' IMPLEMENTED DUCONSTRUCTION ACTIVITIES _` + IN ACCORDANCE WITH THE PERMITTED TURBIDITY PLAN ``' .. f. i` • ' -14, ' _ ' 1001N DRAM AGE • -. EASB /T , .•- ,. {O R.BOOK 76 PAGES 127•125) TURBIDITY SAMPLING STATION 200'FROM DOCK PROPOSED MANATEE -.. EDUCATIONAL SIGN � r II fll.Cel..� '' , `PROPOSED DOCK ,ii F' !� + FOOTPRINT It 4 E- N T _ � 4 W Itt APPROX. "MHW LINE d5 %,"1/51,,. ,., .� _---: � 0 s a ��P A GEr1'(E E-R i'�i i ,, �� O sIS n\-,; ` `., -�*1+P.J l_,..--.1*„. rv, !aa -. FOASi SINES �T UAN NO.IL624fiM1 \ LOOP � .--' ,o TURBIDITY ''� i " MARK A KINCAID.PE -.SAMPLING ji r"'L�~ 1 mgt. ,„ _, 100'WIDE DRAINAGF 'ROFESSIONAL ENGI STATION 200' EASEMENT FROM DOCK `r`�" + LORIDA LICENSE N0. , , — .d` (O.R.BOOK 7s.PAGES 127-129) a TE OF SIGNATURE NOTES: PROJECT INFO: S BATHVMETRIC SURVEY COMPLETED BY COASTAL SHORELINE LENGTH:379 FT ENGINEERING CONSULTANTS,WC..ON JULY 24,2013. )11 < 2. CONTOURS SHOWN HEREON ARE IN FEET BELOW THE • DOCK AREA CREEKWARI)OF NORTH AMERICAN VERTICAL DATUM OF 1988(NAND 1988). 3401. . INFORMATION SHOWN HEREON REFLECTS CONDITIONS AS MHW:1,865 SF ',� THEY EXISTED ON THE SURVEY DATE SHOWN AND CAN ONLY • SLIP DIMENSIONS-30 FT x 10 FT BE CONSIDERED INDICATIVE OF CONDITIONS AT THAT 71ME. / R, 4 AERIAL PHOTOGRAPHY OBTAINED FROM COLLIER COUNTY, I • TOTAL SLIPS:9 , f DATED JANUARY 2012. COASTAL CML NJZ II E�INC ift SURVEY OMAPPING r. £ ' ENGINEERING oASTALENGINEERING TE TECH.CORP.OF NAPLES CONSULTANTS ENVIRONMENTAL 'h PLANNING SERVICES a- INC HENDERSON CREEK PROPERTY .m. 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ZZ oN 0 O�0 JQ Ww .,, oa ? c.; ri H -1-7<p- w 2 2 1 ‘7,'A SHEET 1 FILE NO.:13106 $& unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B.of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 6/3/2014 Page 1 of 7 Co-6 er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative-Code THIS PETITION IS FOR (check one): 1•1 DOCK EXTENSION BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): REAL ESTATE TECHNOLOGY ATTN: CARL KUEHNER Address: 900 BROAD AVENUE SOUTH #20 City: Naples State: Florida ZIP: 34102 Telephone: Cell:Cell: Fax: E-Mail Address: RETCJK @AOL.COM Name of Agent: KRIS W. THOEMKE Firm: COASTAL ENGINEERING CONSULTANTS, INC. Address: 3106 S. HORSESHOE DRIVE City: NAPLES State: FLORIDA ZIP: 34104 Telephone: 239-643-2324 EXT. 156 Cell: Fax: 239-643-1143 E-Mail Address: KTHOEMKE@CECIFL.COM PROPERTY LOCATION Section/Township/Range: 03 51S 26E Property I.D. Number: 00725720005 and 00725080004 Subdivision: Unit: Lot: Block: Address/General Location of Subject Property: 952 Henderson Creek Drive Current Zoning and Land use of Subject Property: VACANT RESIDENTIAL, DOCKSIDE RPUD BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 2 of 7 County Goer COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning .. — Land Use _ N MH MOBILE HOME COMMUNITY S MH MOBILE HOME COMMUNITY E MH TRAILER PARK W RMF-6 MULTIFAMILY DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement,addition to existing facility,any other pertinent information): The purpose of the proposed activity is to construct a new shore-parallel docking facility that will accommodate up to nine small vessels(20 feet of less) with a draft of two feet or less.The dock is for the private use of residents of the residents. No live-aboard slips,fueling facilities,sewage pump-outs or other boating related services are proposed.Construction will be with plastic-wrapped wood pilings and plastic/composite decking. SITE INFORMATION 1. Waterway Width: 93 ft. Measurement from plat E survey Al visual estimate - other(specify) 2. Total Property Water Frontage: 320 ft. 3. Setbacks: Provided: 25 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 30 ft. 5. Number and Length of Vessels to use Facility: 1. 9 @ 10-20 ft. 2. ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: Docks on the opposite(south side)of the Henderson Creek extend 15+/-feet into Henderson Creek however water depths are greater on the south side of the Creek. 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 6.0 Acres 8. 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? n Yes n No If yes, please provide copies. 6/3/2014 Page 3 of 7 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shah be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner 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. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate;typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 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.) 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.) 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.) 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.) 6/3/2014 Page 4 of 7 PRIMARY CRITERIA 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriatc) Nine (9) slips proposed for a multifamily project of 40 units, meets County and state requirements for the number of slips allowed. 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) Proposed location of dock places vessels in at the 4.5 foot NAVD contour. In terms of MLW (-1.73 feet NAVD), the depth at MLW will be 2.77 feet. The proposed draft of vessels using the dock is 2 feet or less. Allowing for a 2 foot draft, there will be .77 feet of water at MLW beneath the vessels. Moving the docking facility with the 20 limit will reduce water depth at MLW to less than 2.27 feet. Boats with a 2 foot draft would have 0.27 feet or less of clearance from the bottom. 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) No marked or charted navigable channel exists in the project area or vicinity. 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). Approximate minimum width is 90 feet. Proposed dock extends 30 feet into waterway (approximately 33.3%), On the other side of Henderson Creek there are three (3) single family docks that extend approximately 15 feet from the MHW line, leaving approximately 45 feet(50%) of waterway for navigability. 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) Nearby docks are on the opposite side of Henderson Creek. The proposed docking facility will not interfere with neighboring docks. - 1 - Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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 seagrass beds.) 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.) 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.) 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.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) 6/3/2014 Page 5 of 7 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 seagrass beds) The shoreline of the subject property is stabilized with rock riprap that extends to below MHW. Due to the slope of the riprap, the docking facility must extend further than 20 feet from the MHW line. 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) As a shore parallel structure, the docking facility is designed with six (6) foot wide access-ways and a six (6) foot wide main dock to allow for safe ingress/egress to the main dock and vessels using the dock. 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 proposed dock is a multi-family dock 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 proposed dock has 25-foot setbacks from the adjacent properties and will not impact the view of neighboring waterfront property owners. 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) There are no seagrasses in the proposed project area or within 200 feet of the proposed dock. This part of Henderson Creek is not suitable seagrass habitat. 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) The proposed docking facility is for nine docks and thus is not subject to the manatee protection requirements of subsection 5.03.06.E.11. - 2 - 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 eetitioner or Agent Co 8Y County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Dock Extension 1 3oathowe Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 6 ❑ ❑ Signed and Sealed Survey ❑ ❑ ❑ Chart of Site Waterway n ❑ ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • Configuration, location,and dimensions of existing and proposed 6 ❑ ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 ❑ Completed Addressing Checklist 1 Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all materials 1 to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/3/2014 Page 6 of 7 Co er (County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics:Mariam Ocheltree ❑ City of Naples;Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris Van Lengen FEE REQUIREMENTS: El Boat Dock Extension Petition:$1,500.00 f7 Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 C] An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this sub,.• . .ackage. I understand that failure to include all necessary submittal information ••. result in - d- , . ofp cessing this petition. 1..-1-- e:- 144 kdd r /2 2,M/ Signature of Petitioner or Agent Date 6/3/2014 Page 7 of 7 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1. Carl J Kuehut'r (print name),as (title,if applicable)of Rca!Eut:eu lerJ,00logy Corpora„onoiNap:es (company, If a licable),swear or affirm under oath, that I am the(choose one) owner1 7 anpii'..ant ^nntract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code. 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action 5. We/I authorize cc,rsrAt. (:nr,su.fA,,r , INC: to act as our/my representative in any matters regarding this petition including 1 through 2 above. •Notes: • If the applicant is a corporation, then it is usually executed by the corp. pros. or v. pros. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L C.), Mon the documents should typically be signer!by the Company's Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and he identified as the 'general partner"of the named partnership. • It the applicant is a frust, then they must include the trustees name and the words "as trustee". • In each instance. firs! rleternnne the applicant's status. e.g• individual. corporate. trust, partnership, and then use the appropriate format for that ownership. Under penaltieuf_pe e that I have read the foregoing Affidavit of Authorization and that the facts stater ii _i • re trse. / Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed)and subscribed before me on `. '•,•t.•r 21 ^t, (date) by c.,il 1ame of person providing oath or affirmation), as of.Ic■11:of Rua!E,Lite recto;<augy Carp of WO, wh• is personally known to or who has produced • (type of identification)as identification. • STAMP/SEAL Sign. ure of Notary Public NOTARY PUBLIC•:, i is OF FLORIDA JeanrF r. Couture .`vl�i 'Cotnrrr_: `EE091062 'Expire 'AY 05,2015 BONDED n ar=; sn cco.,>Na ('1'11,4.('0: -0111I5 Iwe It1:\' 111-4114 ippiCECI Group Services COASTAL Civil Engineering ENGINEERING Planning Services CONSULTANTS Survey& Mapping N C Coastal Engineering Environmental Services A CECI GROUP COMPANY Website: www.coastalengineering.com November 7,2014 Fred Reischl,AICP Principal Planner Growth Management Division Collier County Planning&Zoning Department 2800 North Horseshoe Drive Naples,FL 34104 RE: Boat Dock Extension; PL20140002207 952 Henderson Creek Drive Dear Fred, In response to your October 22, 2914 letter requesting additional information concering the Boat Dock Extension resquest for 952 Henderson Creek Drive,please accept the responses(in bold type) in this this letter. We trust that the information provided will be sufficient for this request to proceed to the IIeraring Examiner. Graphics- GIS Review Please provide written legal description for entire parcels for the boat docks. PARCEL 1: LOT 4, HENDERSON CREEK ESTATES, MORE PARTICULARLY DESCRIBED AS FOLLOWS,FROM THE INTERSECTION OF THE EAST LINE OF STATE ROAD S-951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED NORTH LINE OF THE SOUTH Y,OF THE SOUTH Y, OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 89 DEGREES 23' 55" EAST 498.02 FEET PARALLEL WITH THE SAID ESTABLISHED NORTH LINE OF THE SOUTH Y, OF THE SOUTH Y, TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 89 DEGREES 23' 55" EAST 150.00 FEET; THENCE SOUTH 00 DEGREES 38' 35" WEST 915 FEET, MORE OR LESS TO THE CENTERLINE OF A COUNTY DRAINAGE EASEMENT ACCORDING TO AN INSTRUMENT IN OFFICIAL RECORD BOOK 76, PAGE 127, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOU'T'HWESTERLY 159 FEET MORE OR LESS,ALONG SAID CENTERLINE TO A LINE BEARING SOUTH 00 DEGREES 36' 05" WEST AND PASSING THROUGH THE POINT OF BEGINNING; THENCE NORTH 00 3106 So.Horseshoe Drive,Naples,Florida 34104 *Phone(239)643-2324 Fax(239)643-1143 * E-mail_infoA)cecifl.com SER17NG FLORIDA SINCE 1977 Dockside BDE RA1 Response COASTAL ENGINEERING CONSULTANTS, INC November 5,2014 Page 2 of 4 DEGREES 36' 05" EAST 957 FEET MORE OR LESS TO THE POINT OF BEGINNING. AND PARCEL 2: FROM THE INTERSECTION OF THE EAST LINE OF STATE ROAD 5- 951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED NORTH LINE OF THE SOUTH Y, OF THE SOUTH Y, OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 89 DEGREES 23' 55" EAST 649.02 FEET, PARALLEL WITH THE SAID NORTH LINE OF THE SOUTH Y, OF THE SOUTH Y, TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 89 DEGREES 23' 55" EAST 150.00 FEET; THENCE SOUTH 00 DEGREES 38' 05" WEST 864 FEET MORE OR LESS, TO THE CENTER LINE OF A COUNTY DRAINAGE EASEMENT, ACCORDING TO AN INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 67,PAGE 351 AND OFFICIAL RECORDS BOOK 76,PAGE 127,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTHWESTERLY 159 FEET MORE OR LESS ALONG SAID CENTER LINE TO A LINE BEARING SOUTH OODEGREES 36' 05" WEST PASSING THROUG THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 36' OS" EAST 915 FEET,MORE OR LESS TO THE POINT OF BEGINNING. SUBJECT TO A ROAD RIGHT OF WAY EASEMENT OVER AND ACROSS THE NORTH 30 FEET THEREOF AND 15 FOOT UTILITY EASEMENT ABUTTING AND LYING SOUTH OF THE AFOREMENTIONED RIGHT OF WAY Include all folio numbers,application only list one folio. There are two folio numbers,00725080004 and 00725720005 Application is for 3.06 ac. the Dockside RPUD is 6 ac. Total water frontage is 320 ft.which is for the entire RPUD. On the application under"Current zoning" add Dockside RPUD. See the attached revised BDE application. Under"Adjacent zoning"add MH to the east zoning and remove the word unknown. See the attached revised BDE application Environmental Review Show site plan in relation to Site Development Plan. See the attached revised BDE application 3106 S.Horseshoe Drive.Naples.Florida 34104'Phone(239)643-2324 Fax(239)643-1143•E-mail:infoncccifl.com SERVING FLORIDA SINCE 1977 Dockside BDE RAI Response COASTAL ENGINEERING CONSULTANTS, INC November 5,2014 Page 3 of 4 Are there any mangrove impacts? There a few large mangrove trees and several smaller mangrove along the shoreline. The dock was designed to avoid mangrove impacts. Thus, no mangroves will be removed. A DEP mangrove trimming permit may be required. This will be determined when the dock layout is staked out. If a permit is needed,it will be obtained prior to trimming any mangroves. Zoning Review Since the dock facility includes the boat, please revise Section A-A (or create a new exhibit) measuring the total protrusion of the dock with a boat moored. See the attached revised BDE application County Attorney Review 1)Provide a signed and notarized Affidavit of Authorization See the attached revised BDE application 2)A separate Right of Way permit may be required because there is a public drainage easement in favor of Collier County (OR 67, PG 351, corrected by OR 76, PG 127) over that portion of Henderson Creek where the proposed boat docks will be located. Acknowledged. A ROW permit will be needed prior to any dock-related construction activities. 3)Provide a site plan,to scale,illustrating the configuration,location and dimensions of the existing and proposed dock facility (including the proposed boats); the location and total protrusion of the existing dock on the opposite side of the waterway; and the distance between the farthest protrusion of the proposed dock and the farthest protrusion of the existing dock on the opposite side of the waterway. See the attached revised BDE application. The existing dock, which is in a deteriotated condition, will be removed and will not be replaced. Dimensions of the existing dock are 10.4 feet in lenght as measured from the MHW line by 13.6 feet wide The lengths of the boats using the slips will be variable and limited by the 30-foot length of each slip. 4) Please indicate the total dock protrusion measured from each the following (if applicable): property line,rip-rap line,seawall,shoreline,bulkhead line 3106 S. I lorseshoe Drive.Naples,Florida 34104•Phone(239)643-2324 Fax(239)643-1143•E-mail:info a ceci fl.com SERVING FLORIDA SINCE 1977 Dockside BDE RAI Response COASTAL ENGINEERING CONSULTANTS, INC November 5,2014 Page 4 of 4 See the attached revised BDE application. Note, the applicant owns the submerged land to the middle of the waterway. The docking facility is entirely within the owner's properly, _ -- - 5) Please indicate how you determined the total protrusion of the boat dock on the opposite side of the waterway The total protrusions of boat docks on the opposite side of Henderson Creek are measured from a visually determined (from aerial photography) estimated mean high water line. Respectfully submitted, COASTAL ENGINEERING CONSULTANTS,INC. Kris W.Thoemke,Ph.D,CEP Senior Scientist 3106 S.Horseshoe Drive,Naples,Florida 34104•Phone(239)643-2324 Fax(239)643-1 143•E-mail:infon,cecif.com SERVING FLORIDA SINCE 1977 Page 1 of t..uiiier '..uurity rruperty HgprdIser Property Summary Parcel No. 00725720005 Site Adr. 952 HENDERSON CREEK DR Name/Address REAL ESTATE TECHNOLOGY CORP OF NAPLES 900 BROAD AVE S # 2C City NAPLES State FL Zip 34102 Map No. Strap No. Section Township Range Acres *Estimated 6603 000100 041 6603 3 51 26 3.06 3 51 26 10 51 26 BEG AT INTERSECTION OF S LINE A COUNTY ROAD WITH E LINE OF Legal SR 951, RUN E 650FT FOR POB, CONT. E./CTD 150FT, S 864FT, SWLY ALG SHORE OF DRAINAGE CANAL 158.59FT, N 915FT TO POB,AKA LOT5 HENDERSON CREEK EST Millage Area 0 144 Millage Rates a *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 0 0 - VACANT RESIDENTIAL 5.58 6.4197 11.9997 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 110,415 06/14/13 4935-282 $ 0r- Value (+) Improved V $ 0 05/30/13 4930-351 $ 200,000 09/10/09 4493-3253 $ 100 (=) Market Value $ 110,415 (=) Assessed Value $ 110,415 (=) School Taxable Value $ 110,415 (_) Taxable Value $ 110,415 If all Values shown above equal 0 this parcel was created after the Final Tax Roll lip://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=00... 3/26/201 Page 1 of ‘.uuriLy rruperzy HpprdISer Property Summary Parcel No. 00725080004 Site Adr. 946 HENDERSON CREEK DR Name /Address REAL ESTATE TECHNOLOGY CORP OF NAPLES 900 BROAD AVE S # 2C City NAPLES State FL Zip 34102 Map No. Strap No. Section Township Range Acres *Estimated 6603 000100 023 6603 3 51 26 3.23 3 51 26 FROM INTERSECTION OF E LI. SR S-951 WITH LINE LYING 501.493FT S OF N LI. Legal OF 51/2 OF S1/2, E 499.02FT TO POB, CONT E 150FT, S 915FT TO C/L OF DRAINAGE EASEM, SWLY 159FT ALONG SAID C/L N967 FT TO POB Millage Area 0 144 Millage Rates• *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 0 0 - VACANT RESIDENTIAL 5.58 6.4197 11.9997 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 117,215 06/14/13 4935-282 $ 0 (+) Improved Value $ 05/30/13 4930-351 $ 200,000 09/10/09 4493-3253 $ 100 (=) Market Value $ 117,215' 07/21/05 3849-3766 $ 735,000 (=) Assessed Value $ 117,215 05/22/68 274-578 $ 0 (_) School Taxable Value $ 117,215 (=) Taxable Value $ 117,215' If all Values shown above equal 0 this parcel was created after the Final Tax Roll �\ ltp://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=00... 3/26/201 Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE D !VISION Or CORPOR J IO\S . knhz Detail by Entity Name Florida Profit Corporation REAL ESTATE TECHNOLOGY CORPORATION OF NAPLES Filing Information Document Number L16590 FEI/EIN Number 650148916 Date Filed 09/18/1989 State FL Status ACTIVE Principal Address 900 BROAD AVE S UNIT 2C NAPLES, FL 34102 Changed: 04/04/1997 Mailing Address 900 BROAD AVE S UNIT 2C NAPLES, FL 34102 Changed: 04/04/1997 Registered Agent Name & Address KUEHNER, CARL J 900 BROAD AVE S UNITT 2C NAPLES, FL 34102 Name Changed: 04/04/1997 Address Changed: 04/04/1997 Officer/Director Detail Name &Address Title DP KUEHNER, CARL J. 900 BROAD AVE S UNIT 2C NAPLES, FL http://search.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetail?inq... 3/26/2015 Detail by Entity Name Page 2 of 2 Title DS KUEHNER, JOANNE M. 900 BROAD AVE S UNIT 2C NAPLES, FL Annual Reports Report Year Filed Date 2012 02/29/2012 2013 04/03/2013 2014 03/05/2014 Document Images 03/05/2014 -- ANNUAL REPORT View image in PDF format 04/03/2013 -- ANNUAL REPORT View image in PDF format 02/29/2012 -- ANNUAL REPORT View image in PDF format 01/05/2011 --ANNUAL REPORT View image in PDF format 01/05/2010 --ANNUAL REPORT View image in PDF format 03/24/2009 --ANNUAL REPORT View image in PDF format 02/12/2008 -- ANNUAL REPORT View image in PDF format 01/10/2007 --ANNUAL REPORT View image in PDF format 03/02/2006 -- ANNUAL REPORT View image in PDF format 04/06/2005 -- ANNUAL REPORT View image in PDF format 03/03/2004 --ANNUAL REPORT View image in PDF format 05/02/2003 --ANNUAL REPORT View image in PDF format 05/02/2002 -- ANNUAL REPORT View image in PDF format 01/18/2001 --ANNUAL REPORT View image in PDF format 04/12/2000 --ANNUAL REPORT View image in PDF format 01/21/1999 -- ANNUAL REPORT View image in PDF format 01/28/1998 -- ANNUAL REPORT View image in PDF format 04/04/1997 --ANNUAL REPORT View image in PDF format 01/23/1996 -- ANNUAL REPORT View image in PDF format 07/10/1995 -- ANNUAL REPORT View image in PDF format Copyright©and Privacy Policies State of Florida, Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetail?inq... 3/26/2015 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,April 9,2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples FL, 34104 to consider: PETITION NO. BD-PL20140002207 - Real Estate Technology Corporation of Naples requests a 10-foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 30 feet to accommodate a 9-slip boat dock for the benefit of Dockside Residential Planned Unit Development, Ordinance No. 14-16, located east of Collier Boulevard (CP 951) on Henderson Creek Drive in Section 3,Township 51 South, Range 26 East, Collier County, Florida consisting of 6±acres. `,� FALLING WATERS NBEACH WINDING RESORT CYPRESS pp (DRI) OSSINIG 2 4 EAGLE 3 CREEK PROJECT ARTESA POINTE âO0ATb0NLANDS END PRESERVE _,..----je - / J MOPTLOERSCOACTQM O RESORT GS: q4 / RIVERBEND 17/ Tw/zQ -w Ih , 0, 9 N m 10 11 COPPER CC COVE LI, ASGM BUSINESS PRESERVE �,.{ o CTR. OF NAPLES MARCO SHORES/ �a°OP U SILVER LAKES FIDDLER'SSQCREEK \ 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Ti Chief Hearing Examiner : )�GX LIe Collier County, Florida z (4 i� 5- i d March 20 2015 No.231123985 HEX 5 PDI— PL20140002611 NNR &T PARK2PUD Ann P. Jenneiohn From: Reischl, Fred Sent: Friday, March 13, 2015 1:51 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: Ad Request PDI- PL20140002611 NNR &T Park Attachments: Ad Request - signed.pdf; Ad Request.docx; Ad Map PDIPL142611(2x3).pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks - Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239 - 252 -4211 colliereov.net 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. Ann P. Jennejohn From: Rodriguez, Wanda Sent: Friday, March 13, 2015 2:17 PM To: Minutes and Records Cc: Stone, Scott; Reischl, Fred Subject: re: Ad Request PDI- PL20140002611 NNR &T Park Attachments: Ad Request - signed.pdf; Ad Request.docx; Ad Map PDIPL142611(2x3).pdf The title conforms to the one most recently approved by our office, and the requested run date is good. OK to proceed. Wanda Rodriguez, MCP .Advanced Certified Para[egaf Office of the County .Attorney (239) 252 -8400 From: ReischlFred Sent: Friday, March 13, 2015 1:51 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Ad Request PDI- PL20140002611 NNR &T Park Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks - Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239 - 252 -4211 colliergov.net C o► tr County 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. March 13, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 20, 2015, and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division, 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 fsalia v,i;n ALL invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131 - 138326 - 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 r Authorised Designee signature for HEX Advertising PE 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, April 9, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples F134104, to consider: PETITION NO. PDI- PL20140002611 — My Other Place, LLC requests an insubstantial change to Ordinance No. 03 -26, the North Naples Research and Technology Park Planned Unit Development ( "PUD ") to increase the maximum number of permitted workforce housing dwelling units, to reduce the acreage for the non - target use area, to increase the acreage for the target use area, and to amend the PUD Master Plan to accurately reflect the current lot configuration. The subject property consists of 19.3± acres of land located on the west side of Old U.S. 41, just south of the Lee /Collier County line in Section 10, Township 48 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida )� |� \ m � | , R |! | §; §� 2§ ■ |� g | Gm \\ § Acct #076397 March 13, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI- PL20140002611, NNR &T Park PUD (Display Ad) Dear Legals: Please advertise the above referenced notice (w/Map) on Friday, March 20, 2015 and send Duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500154426 March 13, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 20, 2015, and furnish proof of publication to the attention of Board Minutes and 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: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500154426 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, April 9, 2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI- PL20140002611 — My Other Place, LLC requests an insubstantial change to Ordinance No. 03 -26, the North Naples Research and Technology Park Planned Unit Development ( "PUD ") to increase the maximum number of permitted workforce housing dwelling units, to reduce the acreage for the non - target use area, to increase the acreage for the target use area, and to amend the PUD Master Plan to accurately reflect the current lot configuration. The subject property consists of 19.3± acres of land located on the west side of Old U.S. 41, just south of the Lee /Collier County line in Section 10, Township 48 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida , | � VANDERBILT § | � ! \c- \ |■ 2 § ■ | § |\� G m Ann P. Jennejohn To: IegaIs @naplesnews.com Subject: PDI- PL20140002611 (Display Ad) Attachments: PDI- PL20140002611.doc; PDI- PL20140002611.doc; PDI- PL20140002611.pdf Hi there, Please advertise the attached Notice (w /Map) on Friday, March 20, 2015. 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) Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, March 13, 2015 3:00 PM To: Naples Daily News Legals Subject: PDI- PL20140002611 (Display Ad) Attachments: PDI- PL20140002611.doc; PDI- PL20140002611.doc; PDI- PL20140002611.pdf Hi there, Please advertise the attached Notice (w /Map) on Friday, March 20, 2015. 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) Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, March 19, 2015 10:35 AM To: Ann P. Jennejohn Subject: #231123988 - CCHEX.NNR &T Proof.032015 Attachments: N D N231123988.CCH EX.N N R &T.032015.pdf Importance: High Hi Ann! Please provide approval ASAP for publication on 03.20.15. Thanks!!! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(aD-Naples News. corn A: 1100 Immokalee Road J Naples, FL 34110 '�ta1 ►�tili 1` iu NapleslNewscom 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 (HE)Q at 9:00 A.M., on Thursday, April 9, 2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI- PL20140002611 — My Other Place, LLC requests an insubstantial change to Ordinance No. 03 -26, the North Naples Research and Technology Park Planned Unit Development ( "PUD ") to increase the maximum number of permitted workforce housing dwelling units, to reduce the acreage for the non - target use area, to increase the acreage for the target use area, and to amend the PUD Master Plan to accurately reflect the current lot configuration. The subject property consists of 19.3± acres of land located on the west side of Old U.S. 41, just south of the Lee /Collier County line in Section 10, Township 48 South, Range 25 East, Collier County, Florida. BONITA BEACH ROAD (C R. 985) i i_ qJ H^ 6 PROJECT LEE LOCATION COUNTY uscwr �' p QUB �� Mean aExRLc •• s1ER1111D DLL YEDITERRA lj OARs 11 111E 9 lQS Q 10 � 1i UYS�oO RE1RE TA YEplElelA ` YE/O0N F ER001! N1A4T' PLADE EBTAlE3 vEIERANS ME810PoU BLW. RIID eNERIAL �V' COCd1A1dEE iARP011 LAWCTNA LAAEi SIiMALEIJOD ER0.AYE R09A BAY COtE PLAZA 10 UB- AI/MM%i15 IS C.R. 088 PAR R0.1D CAS1lEWDOD ST T: : 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida No. 231123988 March 20 2015 Ann P. Jennejohn From: Reischl, Fred Sent: Thursday, March 19, 2015 11:01 AM To: Ann P. Jennejohn; Rodriguez, Wanda Subject: RE: NNR &TP Proof (Petition PDI- PL20140002611) Looks good for Zoning! From: Ann P. Jennejohn [mailto: Ann .Jennejohn(atcollierclerk.com] Sent: Thursday, March 19, 2015 11:00 AM To: RodriguezWanda; ReischlFred Subject: NNR &TP Proof (Petition PDI- PL20140002611) Importance: High Here it is. North Naples Research &Technology Park Display Notice re: Petition PDI- PL20140002611, running tomorrow, March 20, 2015 for an April 9, 2015 HEX Hearing. Please review and get back to me 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 :cpolidora(-anaplesnews.com] Sent: Thursday, March 19, 2015 10:35 AM To: Ann P. Jennejohn Subject: #231123988 - CCHEX.NNR &T Proof.032015 Importance: High Hi Ann! Please provide approval ASAP for publication on 03.20.15. Thanks!!! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(c�NaplesNews.com : 1100 Immokalee Road I Naples, FL 34110 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, March 19, 2015 11:04 AM To: Ann P. Jennejohn Cc: Reischl, Fred Subject: RE: NNR &TP Proof (Petition PDI- PL20140002611) The proof looks good, thank you! 'Wanda Rotl5limez, -ACP ;Advanced Certi /ied''I'ara.legat Office of the County .Attorney (239) 252 -8400 From: Ann P. Jennejohn [mailto: Ann .JennejohnCd)collierclerk.com] Sent: Thursday, March 19, 2015 11:00 AM To: RodriguezWanda; ReischlFred Subject: NNR &TP Proof (Petition PDI- PL20140002611) Importance: High Here it is. North Naples Research &Technology Park Display Notice re: Petition PDI- PL20140002611, running tomorrow, March 20, 2015 for an April 9, 2015 HEX Hearing. Please review and get back to me 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 :cpolidora(a)naplesnews.com] Sent: Thursday, March 19, 2015 10:35 AM To: Ann P. Jennejohn Subject: #231123988 - CCHEX.NNR &T Proof.032015 Importance: High Hi Ann! Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, March 19, 2015 11:06 AM To: 'Polidora, Carol' Subject: RE: #231123988 - CCHEX.NNR &T Proof.O32O15 Looks great, please publish tomorrow, March 20, 2015. Thank you very much for your help, Carol! 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, March 19, 2015 10:35 AM To: Ann P. Jennejohn Subject: #231123988 - CCHEX.NNR &T Proof.O32O15 Importance: High Hi Ann! Please provide approval ASAP for publication on 03.20.15. Thanks! ! ! Carol Carol Polidora I Legal Advertising Specialist 0):239- 213 -6061 F: 239 - 325 -1251 F: cpolidoraCcDNaplesNews.com A 1100 Immokalee Road I Naples, FL 34110 ZIPI sthadu NeW5 esNeuvs corn NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicati State of Florida Counties of Collier and Lee Before the undersigned they serve as th appeared Daniel McDermott who on o� Inside Sales Manager of the Naples Dai newspaper published at Naples, in Coll 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 March 20, 201.5. Affiant further says that the said Nap published at Naples, in said Collier Co newspaper has heretofore been contim: County, Florida; distributed in Collier each day and has been entered as secor office in Naples, in said Collier Count, year next preceding the first publicatic advertisement; and affiant further says promised any person, firm or corporati commission or refund for the purpose publication in the said neNpapep. / (Signature of affiant) Sworn to aiV subscribed before me TI-is 24th da�v of March, 2015 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, April 9, 2015, in the Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI- PL20140002611 - My Other Place, LLC requests an insubstantial change to Ordinance No. 03 -26, the North Naples Research and Technology Park Planned Unit Development ( "PUD ") to increase the maximum number of permitted workforce housing dwelling units, to reduce the acreage for the non - target use area, to increase the acreage for the target use area, and to amend the PUD Master Plan to accurately reflect the current lot configuration. The subject property consists of 19.3± acres of land located on the west side of Old U.S. 41, just south of the Lee /Collier County line in Section 10, Township 48 South, Range 25 East, Collier County, Florida. BONITA BEACH ROAD (C.R.R&51 RESEAR�CN IE�tlWOLOGY PROJECT LEE LOCATION COUNTY _ TOBCARY HS CWB NAPW� ARBWR pC$ ti MW VJtE a sODSG NEOITERRA v THE B —ES ? ,D 12 DI EIN RETREAT PLAZA COLD ` YEAWW 2 WE RRA BROD, NWGE %ACE ESTATES NANS ME— R�D COCOHATCHEE TARPp! NYEMA SK YROALMUOD ENQAK �u BAY CME 16 -A us- A, /N1G . to ORACE ARAN 13 C R. 808 PASS ROAD CAOREM000 BAPTIST iwPEmu 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 Department, Zoning Division, Zoning Services Section, 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 Division 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, Chief Hearing Examiner Collier County, Florida No. 231123988 March 20 2015 WU14 �• Notary Public - State of Florida Commission # FF 185630 -; My Comm. Expires Dec 28, 2018 Bonded through National Notary Assn. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts X15 i1P R 1 l FROM: Wanda Rodriguez, ACP Ale DATE: April 17, 2015 RE: Hearing Examiner Decision(s) from March 26, 2015 & April 9, 2015 Attached are signed HEX decisions as follows: March 26, 2015: HEX No. 2015 — 15 April 9, 2015: HEX No. 2015 — 16 HEX No. 2015 — 17 HEX No. 2015 — 18 [05-COA-01253/813782/1]744 HEX NO. 2015— 18 HEARING EXAMINER DECISION PETITION NO. PDI-PL20140002611 — My Other Place, LLC requests an insubstantial change to Ordinance No. 03-26, the North Naples Research and Technology Park Planned Unit Development ("PUD") to increase the maximum number of permitted workforce housing dwelling units, to reduce the acreage for the non-target use area, to increase the acreage for the target use area, and to amend the PUD Master Plan to accurately reflect the current lot configuration. The subject property consists of 19.3± acres of land located on the west side of Old U.S. 41, just south of the Lee/Collier County line in Section 10, Township 48 South, Range 25 East, Collier County,Florida. DATE OF HEARING: April 9, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition,testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is approved. ANALYSIS: One member of the public attended the meeting and expressed concern that the changes would impact the water management lake and/or the preserve areas. The changes requested will have no impact on either of those areas. This application was advertised "to increase the maximum number of workforce housing dwelling units." The "increase" is attributable to a change in the Growth Management Plan Future Land Use Element's density rating system and does not correspond to an increase in the existing allowed density on this property, which remains at twelve (12) workforce housing units. [14-CPS-01404/1168744/1159 1 of 2 DECISION: The Hearing Examiner hereby approves Petition Number PDI- PL20140002611, filed by Steven L. Darby, P.E. of Darby Engineering Inc., representing My Other Place, LLC, with respect to the property as described in the North Naples Research and Technology Park PUD, Ordinance No. 03-26, as amended, for the following insubstantial changes: • to increase the maximum number of eligible workforce housing dwelling units from 12 to 16; • to reduce the acreage for the non-target use area; • to increase the acreage for the target use area; and • to amend the PUD Master Plan to accurately reflect the current lot configuration by relocating the "Target or Non-Target Use Area A" from Lot 1 to Lot 7. Said changes are fully described in the North Naples Research and Technology Park PUD amendment and Master Plan attached as Exhibit"A". ATTACHMENTS: Exhibit A—PUD Amendment and Master Plan LEGAL DESCRIPTION: See Ordinance No. 03-26, as amended, the North Naples Research and Technology Park PUD. 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. 14- (o - 101c aad Al" Date M. k Strain, Hearing Examiner Approve • J: . d legality: Scott A. Stone Assistant County Attorney [14-CP5-01404/1168744/1]59 2 oft Section I,"Statement of Compliance",of the PUD Document attached to Ordinance 03-26,as amended,The"North Naples Research and Technology Park PUD",is hereby amended as follows: SECTION I STATEMENT OF COMPLIANCE The development of±19.3 acres of property in Section 10, Township 48 South, Range 25 East Collier County,Florida, as a Planned Unit Development to be known as the North Naples Research and Technology Park PUD,will be in compliance with the goals,objectives,and policies of Collier County as set forth in the Growth Management Plan (GMP). The proposed Research and Technology Park PUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The property is located in the Urban Mixed Use District, Urban Residential Subdistrict as depicted on the Future Land Use Map of the Collier County GMP. The Future Land Use Element("FLUE")of the Collier County GMP allows for the Research and Technology Park Subdistrict on sites greater than nineteen (19) acres in the Urban Mixed Use District in which the subject property is located. Therefore, because of the property size (19.3 acres) and its location it may be found consistent with these FLUE location requirements for the Research and Technology Park Subdistrict. 2. The Research and Technology Park Subdistrict is also required according to the FLUE to be located on arterial or collector roadways. Old US 41,which provides access to the subject property, is classified as a collector road way according to the Transportation Element of the Collier County GMP. Therefore,consistency can be established with this provision of the FLUE. 3. The Research and Technology Park Subdistrict also requires provision for workforce housing up to a maximum of forty (40) percent of the park's acreage as the site abuts residential zoning to the west. 4. The total number of workforce housing units will not exceed twelve (12) sixteen (16) dwelling units total and shall be provided on Target or Non-Target Use Areas "A"or"B" as depicted on the PUD Master Plan. The actual number ofdwelling units to be provided will be based on the underlying size of the gross leasable floor area ofthe first floor for either Target orNon-Target Use Areas"A" or 'B". This floor area shall constitute the amount of leasable residential area to be provided. The residential area may be developed into efficiency apartments, one (1) bedroom units, two (2)bedroom or 3 bedroom units at the option of the developer. The provision of work force housing in accordance with this standard is consistent with the requirement to provide workforce housing within the Research and Technology Park Subdistrict ofthe FLUE. Words underlined are added; Words struck thru are deleted EXHIBIT "A" Page 1 of 6 5. The Research and Technology Park Sub district requires that density be consistent with the Density Rating System of the FLUE for workforce housing. The subject property is located in the Urban Mixed Use District. . -- __. _. - - _ _- •_ €retindafy according to the FLUE. Therefore,a density of up to 4 dwelling units per acre is permitted without density bonuses for workforce housing. Based on the 3.96 acres of upland and wetland preserve area and Florida Power and Light easement area located within the subject property, a maximum of 44 16 dwelling units are permitted. Based on the formula provided in Paragraph Four above, up to 44 16 dwelling units can be found consistent with the Density Rating System of the FLUE. 6. The Research and Technology Park Subdistrict also requires that a minimum of sixty (60) percent of the park area shall be devoted to Target Use Areas or 823 acres and a maximum of twenty (20)percent of the area shall be devoted to Non Target Use Areas or 2.74 acres. Therefore, this FLUE requirement can be met to establish consistency with the Collier County GMP because more than 8.23 acres of Target Use Areas are proposed and 2.54 L66 acres of Non-Target Use Area is provided for on the PUD Master Plan. 7. The Future Land Use Designation Description Section of the FLUE defines Target Industries identified by the Economic Development Council of Collier County which are aviation/aerospace industry,health technology industry and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing;call center and customer support activities; professional services that are export-based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm;educational,scientific and research organizations; production facilities and operations. Section 6.4 of the PUD Document provides for the Target Use Areas listed above including other uses contained in Section 2.2.20.4.8 of the LDC in effect as of the date of approval of the PUD for research and technology parks. Therefore,consistency can be established with this provision of the FLUE. 8. The Future Land Use Designation Description Section of the FLUE defines when Non- Target Industry Uses may include hotels at a floor area ratio consistent with Section 2.2.15.4.7 of the LDC, and these uses in the C-1 through C-3 Zoning Districts that provide support services to the Target Industries such as general office, banks, fitness centers, personal and professional services, computer related businesses and services, employee training, technical conferencing, day care center and restaurants, and corporate and government offices. Section 6.4 of the PUD Document provides for the Non-Target Industries listed above including other uses contained in Section 2220.4.8 of the LDC in effect as of the date-of approval of the PUD for research and technology parks. Therefore,the proposed uses for Non-Target Industries may be found consistent with the FLUE. Words underlined are added; Words struck thru are deleted EXHIBIT "A" Page 2 of 6 9. The Future Land Use Designation Description Section of the FLUE provides that building permits for Non-Target Industry Uses shall not be issued for more than 10,000 square feet of gross leasable area prior to the issuance of the first building permit for a Target Industry Use. This requirement is included in Section 6.5H of this PUD Document. Therefore, consistency can be established with this provision of the FLUE. 10 The subject property's location in relation to the existing or proposed community facilities and services supports the proposed development intensities as required in Objective 2 of the FLUE. 11. The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 12. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 13. The proposed development will result in an efficient and economical extension of community facilities and services as mired in Policy 3.1. G of the FLUE. 14. The project is planned to incorporate natural systems for water management purposes in Drainage Sub Element of the Public Facilities Element of the Collier County GMP. 4-5. 13. The project as planned may be found consistent with Objective 7 of the Transportation Element that requires that the County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on-site circulation. 16. 14. All final development orders for this project are subject to the Collier County Concurrency Management System,as implemented by the Adequate Public Facilities Ordinance(Division 3.15 of the LDC) and further required by Policy 2.3 of the FLUE. Words underlined are added; Words strums are deleted EXHIBIT "A" Page 3 of 6 Section 3.2,"Project Description",of the PUD Document attached to Ordinance 03-26,as amended,The"North Naples Research and Technology Park PUD", is hereby amended as follows: 3.2 PROJECT DESCRIPTION The project contains ± 19.3 acres and includes land area to provide for a mix of Targeted Use Areas — aviation/aerospace industry, health technology industry, information technology industry and other light, low environmental impact uses. Also permitted are Non-Target Use Areas that provide support services to the Target Use Areas such as general office uses, banks, restaurants, personnel and professional services. The maximum amount of Non- Target Use Area permitted by the FLUE is 2.74 acres. The PUD Master Plan (Exhibit A) shows that 2.51 1.66 acres is being provided for the Non- Target Use Area. The minimum acreage required to be devoted to Target Industries is 8.23 acres and the PUD Master Plan provides 9:-89 10.77 acres for this purpose. The North Naples Research and Technology Park PUD will provide up to twelve workforce housing units in a mixed use structure. Both upland and wetland preserve areas are provided for on the PUD Master Plan and comprise approximately 2.7 acres. Access will be provided from Old U.S.41 by way of the sixty (60) foot wide access road. Section 6.4B,"Permitted Uses and Structures",of the PUD Document attached to Ordinance 03-26,as amended,The"North Naples Research and Technology Park PUD",is hereby amended as follows: B. Non-Target Industry Uses: A maximum of 2.51 1.66 acres may be used forNon-Target Use Areas.These areas are labeled Target or Non-Target Use Areas "A"and"B"on the PUD Master Plan: Words underlined are added; Words struck thru are deleted EXHIBIT "A" Page 4 of 6 Section 7.8, "Workforce Housing", of the PUD Document attached to Ordinance 03-26, as amended, The "North Naples Research and Technology Park PUD", is hereby amended as follows: 7.8 WORKFORCE HOUSING A. The developer shall provide up to twelve (12) workforce housing units on Target or Non-Target Use Areas "A" or'B" in a mixed use structure as depicted on the PUD Master Plan. The actual number ofdwelling units to be provided will be based upon a ratio of gross leasable floor area (first floor commercial/industrial structure) to internal square footage of the residential area. The residential area may be developed as efficiency units, one(1)bedroom units, two (2)bedroom units or three (3) bedroom units at the option of the developer. B. The workforce affordable housing units shall be required to be rented or sold to households with incomes at a rate not to exceed sixty (60) percent of the median income for Collier County for rental units and eighty(80)percent or less for owner occupied units. Rents charged for each unit may not exceed the United States Department of Housing and Urban Development sixty(60)percent rent limitations. C. The PUD Monitoring Report shall document that the incomes of the occupants of each work force house unit meet the standards set forth in paragraph 7.8.B of this Document. D. Workforce housing units shall be constructed as set forth in Paragraph 6.5.N.7 of this Document. Exhibit A, "PUD Master Plan", of the PUD Document attached to Ordinance 03-26, as amended, the North Naples Research and Technology Park PUD, is hereby deleted in its entirety and replaced by Exhibit A, "PUD Master Plan", attached hereto and incorporated by reference herein. Words underlined are a tlH\dfdt itrAci through are deleted. Page 5 of 6 Q 9 • . ,F _150 ...... .41, 41‘, ! i 1/1_ ii l'"'""' 1, A ! lir, X I 1"1 8 a. SCR) c U m 1$ 'I,I\l \ .1,, \ n r I d a: iN Lll e I+ I n O g + N p 5- L __ ate I :::.........4.e W y I ..,.71 . ‘2 ' --1 il 5, -. 1, " .i, i L4\ O_ I, I a \ 8 , • w • • co lig 61:11'\s\N , .. ... . ,.. . '1 . \ I d' ff. :t: , I 1 1:'11.1 . 441. 1. \ pp g §1.I. „i .1 J J e !kJ'� >- I a W *,p a .I i R+1 B ' o .I e ei Al 1 pa _ daLt I{+II,,L o _ _ LLLL I n� \tl� d ift4 T" r€ g.' 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'oz y o K Ii d J • F . _t' Si ow S• al., 2 8 V. ____L... r —— — — is _ J , — —rem-- o 0 tli <.0 xa i 0 1 n' g Z cI< N :« 9 9 5 k E E t%HIHI I'',1- 130 .N0 4 3i1550\500300 A0oo M00IZ..ne,..045•+N=u woum.bud«wr ew+a O 00'0 5 3Lr44-S W 900.° Page 6 016 AGENDA ITEM 4-D Coln*er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: APRIL 9, 2015 SUBJECT: PDI-PL20140002611 NORTH NAPLES R& T PARK PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE PROPERTY OWNER/AGENT: APPLICANT: AGENT: North Naples Golf Range, Inc. Steven L. Darby, P.E. 15 8th Street, Unit A Darby Engineering, Inc. Bonita Springs, FL 34134 1216 SW 4th Street, Suite 4 Cape Coral, FL 33991 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the North Naples Research & Technology Park Planned Unit Development (NNR&T Park PUD) to allow the following changes: o to increase the maximum number of permitted workforce housing dwelling units, o to reduce the acreage for the Non-Target Use area, o to increase the acreage for the Target Use area, and o to amend the PUD Master Plan to accurately reflect the current lot configuration. GEOGRAPHIC LOCATION: The subject property, consisting of 19.3± acres, is located at the Lee County line on the west side of Old U.S. 41 in Section 10, Township 48 South, Range 25 East, Collier County, Florida. (Please see location map on the following page.) PDI-PL20140002611: North Naples Research&Technology Park PDI • EXHIBIT Page 1 of 10 April 9,2015 Tkin Nl%)1c ▪ JIa/1s �� -wai, i7:41, ..f .._,______t fail._ conas gi it ,_. 0 0 , 0 RAI ORICC i +1 I f 1- X11 ]I]ar Z SEP,a�' ; I f tr St n Ill t ,,1 #E ' i _.l _ ..411.11 Irw .... ''y , - __.;..—��r 0,F 11 1'Ad ir----- li ii . , ' el, Ili II ii z I v 9 ? � R d4 _ JP jjN 1 I:1 4 wx4+_e�T Aur«unrn_� �`' ■ � / — I p ' D fl L— g 111 ir .s/ i; o a 13 - __ l ' .m 11 1 I RIF4 I'l il l! !I; i ; .: IIV. X m y 'J NGVC PARC 5 - rTe d I� ; NUM WPM .-1:j u 12 12 . w 11112 WQ sssl Ai 11 p ►` 0 : Mems! : rric1 '''.----Q ------------ - _RI, N ---_ L I I 1 0 - —MIRO MR 1461W MEIER - ...11..a..tog.WEAR r r 4 Z1 —:- c R E �EA b 0 .2 R fid • a _ Vti.-„ 1 'yOi'''4rat P1k$9� i 1f P. 113 e NT) A CO 1 O m Z 1 4 e ANL HMI am 1 I 1 It I a a i a II 2 1 J 1 1 1+ i A k, 7 ? ' 1'171 ..47:11 A a ,...,,... 1 ._ 11 i . i�kllfi tiUyl.E*AI ' low r 8g ". ve" 'dig • ,. x ,§ Aerial Photo(Collier County Property Appraiser) PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: The applicant requests an amendment to the North Naples Research & Technology Park PUD to relocate the "Target or Non-Target Use Area A"designation from Lot 1 to Lot 7 and make associated acreage changes and Master Plan changes in order to move the location of the Workforce Housing requirement. ANALYSIS: The proposed change will not affect abutting properties, since Workforce Housing is already a requirement. This PDI proposes to relocate the Workforce Housing from Lot 1 to Lot 7, as depicted on the PUD Master Plan(Exhibit B). PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA: Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each criterion have been listed as follows: 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? PDI-PL20140002611: North Naples Research&Technology Park PDI Page 3 of 10 April 9,2015 No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five(5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space),or a proposed relocation of nonresidential land uses? No, the proposed amendment will not increase the size of institutional, commercial, or industrial uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No,there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed change will not create any additional vehicular generated trips based upon the ITE Trip Generation Manual. g. Will the change result in a requirement for increased stormwater retention,or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed change will move the location of a required use (Workforce Housing)from one lot to another, internal to the PUD. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan. Also, the site is within the Northwest PDI-PL20140002611: North Naples Research&Technology Park PDI Page 4 of 10 April 9,2015 Transportation Concurrency Management Area (TCMA) as identified in the Transportation Element. Relevant to this petition, the Research and Technology Park Subdistrict is a text- based provision in the Urban Mixed-Use District. The existing North Naples Research & Technology Park PUD was established in 2003 (Ord. No. 03-26) consistent with this Subdistrict. Infrastructure is in place, 3 of the 13 lots are developed, and a site development plan application is pending for a 4th lot. The Research and Technology Park Subdistrict text is listed below, followed by staff analysis of the proposed Planned Unit Development amendment(PUDA)in bold text within brackets. 11. Research and Technology Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses — aviation/aerospace industry, health technology industry, information technology industry, and light, low environmental impact manufacturing industry and non- industrial uses, designed in an attractive park-like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph "d"below; and, up to 20% of the total acreage for affordable-workforce housing, except as provided in paragraph j below. Similarly, up to 20% of the total building square footage, exclusive of square footage for residential development, may contain non-target industry uses of the type identified in Paragraph d below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph c below. Similarly, a minimum of 60% of the total building square footage, exclusive of square footage for residential development, shall be devoted to target industry uses identified in Paragraph c below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages shall be included in the PUD ordinance so as to demonstrate compliance with this requirement. [The 60% minimum requirement equals 8.23 acres; this PUDA results in 10.77 acres. The maximum of 20% equals 2.74 acres; this PUDA proposes 1.66 acres.] b. Access to arterial and collector road systems shall be in accordance with the Collier County Access Control Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. [The access road (Performance Way)is in existence.] c. The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry, and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development PDI-PL20140002611: North Naples Research&Technology Park PDI Page 5 of 10 April 9,2015 testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. [The existing PUD was deemed consistent with this criterion and the approved uses are unaffected by this PUDA.] d. Non-target industry uses may include hotels at a density consistent with the Land Development Code, and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices. [The existing PUD was deemed consistent with this criterion and the approved uses are unaffected by this PUDA.] e. When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Research and Technology Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to those target industry uses. The Planned Unit Development Ordinance or Rezoning Ordinance for a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. [The existing PUD was deemed consistent with this criterion and the approved uses are unaffected by this PUDA.] f. Research and Technology Parks must be a minimum of 19 acres in size. [The existing PUD comprises±19.3 acres and the size is unaffected by this PUDA.] g. Research and Technology Parks located within Interchange Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interchange Activity Center Subdistrict for commercial and industrial land uses. IN/A] h. Standards for Research and Technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management. [PUD standards are unaffected by this PUDA.] i. When located in a District other than the Urban Industrial District, the Research and Technology Park must be abutting, and have direct principal access to, a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. [Direct access is provided to Old 41, an arterial road as identified in the Transportation Element, and access is unaffected by this PUDA.] j. Research and Technology Parks shall only be allowed on land abutting residentially zoned property if the Park provides affordable-workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to affordable-workforce housing; all, or a portion, of the affordable-workforce housing is encouraged to be located proximate to such abutting land where feasible. [This PUD does abut residential zoning to the north (Spanish Wells in Bonita Springs in Lee County) and west (Sterling PDI-PL20140002611: North Naples Research&Technology Park PDI Page 6 of 10 April 9,2015 Oaks); is presently approved for a maximum of 12 affordable-workforce housing units; those units are approved for either or both of two lots that abut residential zoning to the north (Lots 1 and 2, designated in the PUD as "Target or Non-Target Use Area"); and, a maximum of 2.54 acres - 13% - may contain these units. Lot 2 is already developed and does not include affordable-workforce housing. This PUDA proposes to shift the "Target or Non-Target Use Area" designation in the PUD from Lot 1 (1.07 acres) to Lot 7 (0.59 acres), thus shifting the allowance/requirement for affordable-workforce housing from Lot 1 to Lot 7.] k. Whenever affordable-workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. [The existing PUD allows and limits the affordable- workforce housing to the "Target or Non-Target Use Area" designation and this PUDA continues that allowance and limitation.] 1. Whenever affordable-workforce housing is provided, it is allowed at a density consistent with the Density Rating System. [When this PUD was approved in 2003, this location was eligible for a maximum density of 3 dwelling units per acre (DU/A). This location is now eligible for 4 DU/A. This PUDA proposes to reflect that change in density eligibility,which results in an increase from 12 to 16 of the maximum number of affordable-workforce housing units allowed.] m. Building permits for non-target industry uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the first building permit for a target industry use. [PUD Sec. 6.5H contains this limitation and is unaffected by this PUDA. Further, the PUD is already developed with target industry uses.] n. Research and Technology Parks must be compatible with surrounding land uses. [This PUD was deemed to be compatible when approved in 2003. The primary impact of this PUDA is to shift the allowance of non-target industry uses from Lot 1 to Lot 7 which is located in the interior of the PUD. Staff defers the compatibility determination to the Zoning Services staff as part of their review of this petition in its entirety.] o. Research and Technology Parks must utilize PUD zoning. [The subject site is zoned PUD.] The maximum additional acreage eligible to be utilized for a Research and Technology Park Subdistrict within the Urban-Mixed Use District is 1,000 acres, exclusive of open space and conservation areas. [The North Naples Research & Technology Park PUD is the only property thus far rezoned utilizing this Subdistrict.] FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, surrounding land uses. Comprehensive Planning leaves this determination to the Zoning Services Section's staff as part of their review of the petition in its entirety. FLUE Objective 7 and relevant policies are stated below; each is followed by staff analysis in bold text within brackets. PDI-PL20140002611: North Naples Research&Technology Park PDI Page 7 of 10 April 9,2015 Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1. The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The project's entrance is provided from Old 41, an arterial roadway as identified in the Transportation Element.] Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The PUD does not have a loop road but contains only one entrance, a cul-de-sac. Due to the nature of the proposed uses and the site dimensions, a loop road may not be feasible.All parcels have internal access via the single entrance road.] Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [Due to the nature of the approved uses, interconnection to the residential projects to the north and west are considered inappropriate. Further, on-site water management and preserve area are at the western edge of the site,and the property to the south is developed.] Based upon the above analysis, Comprehensive Planning staff finds the proposed PUD insubstantial change(amendment)petition to be consistent with the FLUE. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. NNR&T Park PUD is not a DRI, so this criterion is not applicable. PDI-PL20140002611: North Naples Research&Technology Park PDI Page 8 of 10 April 9,2015 k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above,the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Does this petition change the analysis of the fmdings and criteria used for the original application? No, the proposed change does not change the original analysis, rezone findings, or PUD findings. NEIGHBORHOOD INFORMATION MEETING(NIM): The applicant requested a waiver of the NIM and it was granted by the HEX. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for PDI-PL2014-0002611 on March 30, 2015. SAS STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20140002611. Attachments: A. Application B. NNR&T Park PUD (Ordinance 03-26) PDI-PL20140002611: North Naples Research&Technology Park PDI Page 9 of 10 April 9,2015 PREPARED BY: '1. `-- e_ 7. 3•x(0•/5 FRED EISCHL,AICP,PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: / Z... 4 r ti - 3•?.6•/& RAY 411. D V. BELLOWS, ZONING MANAGER DATE ZUNI I DIVISION MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION PDI-PL20140002611: North Naples Research&Technology Park PDI April 9,2015 Page 10 of 10 Section I,"Statement of Compliance",of the PUD Document attached to Ordinance 03-26,as amended,The"North Naples Research and Technology Park PUD",is hereby amended as follows: SECTION I STATEMENT OF COMPLIANCE The development of±1-9.3 acres of property in Section 10,Township 48 South, Range-25 East --- - Collier County,Florida,as a Planned Unit Development to be known as the North Naples Research and Technology Park PUD,will be in compliance with the goals,objectives, and policies of Collier County as set forth in the Growth Management Plan (GMP). The proposed Research and Technology Park PUD will be consistent with the growth policies,land development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The property is located in the Urban Mixed Use District, Urban Residential Subdistrict as depicted on the Future Land Use Map of the Collier County GMP. The Future Land Use Element(FLUE")of the Collier County GMP allows for the Research and Technology Park Subdistrict on sites greater than nineteen (19) acres in the Urban Mixed Use District in which the subject property is located. Therefore, because of the property size (19.3 acres) and its location it may be found consistent with these FLUE location requirements for the Research and Technology Park Subdistrict. 2. The Research and Technology Park Subdistrict is also required according to the FLUE to be located on arterial or collector roadways. Old US 41,which provides access to the subject property, is classified as a collector road way according to the Transportation Element of the Collier County GMP. Therefore,consistency can be established with this provision of the FLUE. 3. The Research and Technology Park Subdistrict also requires provision for workforce housing up to a maximum of forty (40) percent of the park's acreage as the site abuts residential zoning to the west. 4. The total number of workforce housing units will not exceed twelve (12) sixteen (16) dwelling units total and shall be provided on Target or Non-Target Use Areas "A"or'B" as depicted on the PUD Master Plan. The actual number of dwelling units to be provided will be based on the underlying size of the gross leasable floor area ofthe first floor for either Target orNon-Target Use Areas"A" or 'B". This floor area shall constitute the amount of leasable residential area to be provided. The residential area may be developed into efficiency apartments, one (1) bedroom units, two (2)bedroom or 3 bedroom units at the option of the developer. The provision of work force housing in accordance with this standard is consistent with the requirement to provide workforce housing within the Research and Technology Park Subdistrict ofthe FLUE. Words underlined are added;Words etruck thru are deleted 5. The Research and Technology Park Sub district requires that density be consistent with the Density Rating System of the FLUE for workforce housing. The subject property is located in the Urban Mixed Use District and further located within the Traffic Congestion Boundary according to the FLUE. Therefore,a density of up to a 4 dwelling units per acre is permitted without density bonuses for workforce housing. Based on the 3.96 acres of upland and wetland preserve area and Florida Power and Light easement area located within the subject property, a maximum of 16 dwelling units are permitted. Based on the formula provided in.Paragraph Four above, up-to 16 dwelling units can be found consistent with the Density Rating System of the FLUE. 6. The Research and Technology Park Subdistrict also requires that a minimum of sixty (60) percent of the park area shall be devoted to Target Use Areas or 823 acres and a maximum of twenty (20)percent of the area shall be devoted to Non-Target Use Areas or 2.74 acres. Therefore, this FLUE requirement can be met to establish consistency with the Collier County GMP because more than 8.23 acres of Target Use Areas are proposed and 2.51 1.66 acres of Non-Target Use Area is provided for on the PUD Master Plan. 7. The Future Land Use Designation Description Section of the FLUE defines Target Industries identified by the Economic Development Council of Collier County which are aviation/aerospace industry,health technology industry and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing;call center and customer support activities; professional services that are export-based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm;educational,scientific and research organizations; production facilities and operations. Section 6.4 of the PUD Document provides for the Target Use Areas listed above including other uses contained in Section 2.2.20.4.8 of the LDC in effect as of the date of approval of the PUD for research and technology parks. Therefore,consistency can be established with this provision of the FLUE. 8. The Future Land Use Designation Description Section of the FLUE defines when Non- Target Industry Uses may include hotels at a floor area ratio consistent with Section 2.2.15.4.7 of the LDC, and these uses in the C-1 through C-3 Zoning Districts that provide support services to the Target Industries such as general office, banks, fitness centers, personal and professional services, computer related businesses and services, employee training, technical conferencing, day care center and restaurants, and corporate and government offices. Section 6.4 of the PUD Document provides for the Non-Target Industries listed above including other uses contained in Section 2220.4.8 of the LDC in effect as of the date-of approval of the PUD for research and technology parks. Therefore,the proposed uses for Non-Target Industries may be found consistent with the FLUE. Words underlined are added;Words ctruck thru are deleted 9. The Future Land Use Designation Description Section of the FLUE provides that building permits for Non-Target Industry Uses shall not be issued for more than 10,000 square feet of gross leasable area prior to the issuance of the first building permit for a Target Industry Use. This requirement is included in Section 6.5H of this PUD Document. Therefore, consistency can be established with this provision of the FLUE. 10 The subject property's location in relation to the existing or proposed community facilities w and services supports,the proposed developmentintensities as required iaQbjective 2 ofthe FLUE. 11. The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 12. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 13. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the FLUE. 11. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub Element of the Public Facilities Element of the Collier County GMP. 447 13. The project as planned may be found consistent with Objective 7 of the Transportation Element that requires that the County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on-site circulation. 4-67 14. All final development orders for this project are subject to the Collier County Concurrency Management System,as implemented by the Adequate Public Facilities Ordinance(Division 3.15 of the LDC)and further required by Policy 23 of the FLUE. Words underlined are added;Words struck Staiek-tlint are deleted Section 3.2,"Project Description",of the PUD Document attached to Ordinance 03-26,as amended,The"North Naples Research and Technology Park PUD",is hereby amended as follows: 3.2 PROJECT DESCRIPTION The project contains ± 19.3 acres and includes land area to provide for a mix of Targeted Use Areas _— -aviatizelaerospac industry,.—health technology industry, information -- -- technology industry and other light, low environmental impact uses. Also permitted are Non-Target Use Areas that provide support services to the Target Use Areas such as general office uses, banks, restaurants, personnel and professional services. The maximum amount of Non- Target Use Area permitted by the FLUE is 2.74 acres. The PUD Master Plan (Exhibit A) shows that 2.51 1.66 acres is being provided for the Non- Target Use Area. The minimum acreage required to be devoted to Target Industries is 8.23 acres and the PUD Master Plan provides 9,8-ct 10.77 acres for this purpose. The North Naples Research and Technology Park PUD will provide up to twelve sixteen workforce housing units in a mixed use structure. Both upland and wetland preserve areas are provided for on the PUD Master Plan and comprise approximately 2.7 acres. Access will be provided from Old U.S.41 by way of the sixty(60) foot wide access road. Section 6.4B,"Permitted Uses and Structures",of the PUD Document attached to Ordinance 03-26,as amended,The"North Naples Research and Technology Park PUD",is hereby amended as follows: B. Non-Target Industry Uses: ^. A maximum of 2.51 1.66 acres may be used for Non-Target Use Areas.These areas are labeled Target or Non-Target Use Areas"A"and"B"on the PUD Master Plan: Words underlined are added;Words struck thru are deleted Section 7.4, "Workforce Housing", of the PUD Document attached to Ordinance 03-26, as amended, The "North Naples Research and Technology Park PUD", is hereby amended as follows: 7.4 WORKFORCE HOUSING A. The developer shall provide up to twelve(12)sixteen(16)workforce housing units on Target or Non-Target Use Areas "A" or "B" in a mixed use structure as depicted on the PUD Master Plan. The actual number of dwelling units to be provided will be based upon a ratio of gross leasable floor area (first floor commercial/industrial structure) to internal square footage of the residential area. The residential area may be developed as efficiency units, one(1)bedroom units, two (2) bedroom units or three (3) bedroom units at the option of the developer. B. The workforce affordable housing units shall be required to be rented or sold to households with incomes at a rate not to exceed sixty (60) percent of the median income for Collier County for rental units and eighty(80)percent or less for owner occupied units. Rents charged for each unit may not exceed the United States Department ofHousing and Urban Development sixty(60)percent rent limitations. C. The PUD Monitoring Report shall document that the incomes of the occupants of .-. each work force house unit meet the standards set forth in paragraph 7.8.B of this Document. D. Workforce housing units shall be constructed as set forth in Paragraph 6.5.N.7 of this Document. Exhibit A, "PUD Master Plan", of the PUD Document attached to Ordinance 03-26, as amended, the North Naples Research and Technology Park PUD, is hereby deleted in its entirety and replaced by Exhibit A,"PUD Master Plan",attached hereto and incorporated by reference herein. 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N W O a K H i^:; ( 21 u F 'oz W O a LL a 5 . of , �� 0 Wo=mii I94 g Z CZ< N a .ai 'a S E RR 111 13w�i'wvu 3L5C�1x.PbE NuvJ.gp�¢e.9d•awo/w aapew woMwop,e ohca 6wewu5u3 K+m:s e+tc«-slae'YYTd • ORDINANCE NO.03- 2 6 d� PO C N rt0 ISC fib,,,AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE {r 1 1 CLUDES THE COMPREHENSIVE ZONING REGULATIONS�FOR 7 * e 11 to OLLIER COUNTY LAND DEVELOPMENT CODE WICH 1 Ar THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED ,.s 41.4=0° 8510N BY CHANGING THE ZONING CLASSIFICATION OF THE w HEREIN DESCRIBED REAL PROPERTY FROM THE '`PUDr r,_ --n ZONING DISTRICT (GADALETA PUD) TO A PLANNED UNIT'_ ' -- DEVELOPMENT(PUD)DISTRICT TO BE KNOWN AS THE NORTH ,--; t ' NAPLES RESEARCH AND TECHNOLOGY PARK PUD, LOCATED'co—,:4-T", ,-- . - _ ON T1lE WEST SIDE-OF-COUNTY ROr1B 867-(OLD U.S.S.41)AND � i -- IMMEDIATELY CONTIGUOUS TO THE LEE/COLLIER COUNTY '"1 �a: s,� LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, c r COLLIER COUNTY, FLORIDA, CONSISTING OF 19.3± ACRES; vim, c-, AND BY PROVIDING AN EFFECTIVE DATE. v WHEREAS,Robert Duane, AICP,of Hole Montes, Inc.,representing North Naples Golf Range, Inc., petitioned the Board of County Commissioners to change the zoning classification of fir herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: The zoning classification of the herein described real property located in Section 10,Township 48 South, Range 25 East,Collier County,Florida,is changed from the Gadaleta PUD Zoning District to the North Naples Research and Technology Park. PUD Zoning District in accordance with the PUD Document,attached hereto as Exhibit"A"and incorporated by reference herein.The Official Zoning Atlas Map numbered 8510N,as described in Ordinance Number 91-102,the Collier County Land Development Code,is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this ot7 day of M til ,2003, BOARD OF COUNTY COMMISSIONERS Attest as }o fi�esins; COLLIER COUNTY,FI RI DA �l s1t;�flatttrOiRty 4 3i'_ lit . ij . 4-6 TOM HENNING,CHAIRMAN DYvI(513TE,13ROCf ,�C Imo.% Appfgve3-as.toJorpt•' , '- and Lcgal 3{rffiiliflrI-'_•` 2 This ordinance filed with the ) /' t 7 ii:r CC C L,Ie Secretary of State's Office he cOt cloy of Tl�_ Marjori Student and akj,owledgement of that Assistant County Attorney fillnq recr eived this dor of AL- '' • By t. A*i. . .. Itt.+,� , PL DL-20Q3-AR-3569/FRJ p "z °owu,y CWk i PDI—PL20140002611 REV: 1 NORTH NAPLES RESEARCH AND TECHNOLOGY PARK • DATE: 12/15/14 DUE: 12/31/14 THE NORTH NAPLES RESEACH AND TECHNOLOGY PARK A PLANNED UNIT DEVELOPMENT PREPARED BY: STEVEN L. DARBY, P.E. DARBY ENGINEERING, INC. 1216 S.W. 4th Street, Suite 4 Cape CORAL, FLORJDA 33991 DEI PROJECT 14-141-01 Date Reviewed by CCPC:_ Date Approved by BCC: _ Ordinance No. Amendments &Repeals Amends 91-102 EXHIBIT "A" r-. TABLE OF CONTENTS Page SECTION I Statement of Compliance 3 SE ON TT_ Prop .4w ership a sDessx-iption,Short Title and StatementofUnified Control 6 SECTION ill Statement of Intent and Project Description 7 SECTION IV General Development Regulations 8 SECTION V Preserve Area Requirements 17 SECTION VI Permitted Uses and Dimensional Standards for Research and Technology Park Uses Both Target And Non-Target Use Areas 18 SECTION VII Development Commitments 23 EXHIBITS Exhibit A -PUD Master Plan 2 SECTION I STATEMENT OF COMPLIANCE The development of+19.3 acres of property in Section 10, Township 48 South, Range 25 East Collier County,Florida, as a Planned Unit Development to be known as the North Naples Research and Technology Park PUD,will be in compliance with the goals. objectives, and policies of Collier County as set forth in the Growth Management Plan (GMP). The proposed Research and Technolog-yPark PUD will be consistent with the t r owtirpt hetes, l d development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The property is located in the Urban Mixed Use District, Urban Residential Subdistrict as depicted on the Future Land Use Map of the Collier County GMP. The Future Land Use Element("FLUE")of the Collier County GMP allows for the Research and Technology Park Subdistrict on sites greater than nineteen (19) acres in the Urban Mixed Use District in which the subject property is located. Therefore, because of the property size (19.3 acres) and its location it may be found consistent with these FLUE location requirements for the Research and Technology Park Subdistrict. 2. The Research and Technology Park Subdistrict is also required according to the FLUE to be located on arterial or collector roadways. Old US 41, which provides access to the subject property, is classified as a collector road way according to the Transportation Element ofthe Collier County GMP. Therefore,consistency can be established with this provision of the FLUE. 3. The Research and Technology Park Sub district requires that density be consistent with the Density Rating System of the FLUE for workforce housing. The subject property is located in the Urban Mixed Use District and further located within the Traffic Congestion. Boundary according to the FLUE. 4. The Research and Technology Park Subdistrict also requires that a minimum of sixty (60) percent of the park area shall be devoted to Target Use Areas or 823 acres and a maximum of twenty (20)percent of the area shall be devoted to Non-Target Use Areas or 2.74 acres. Therefore, this FLUE requirement can be met to establish consistency with the Collier County GMP because more than 8.23 acres of Target Use Areas are proposed and 2.54 acres of Non-Target Use Area is provided for on the PUD Master Plan. 5. The Future Land Use Designation Description Section ofthe FLUE defines Target Industries identified by the Economic Development Council of Collier County which are aviation/aerospace industry,health technology industry and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing;call center and customer support activities; professional services that are export-based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm;educational, scientific and research organizations; production facilities and operations. 3 Section 6.4 of the PUD Document provides for the Target Use Areas listed above including ,..� other uses contained in Section 2.2.20.4.8 of the LDC in effect as of the date of approval of the PUD for research and technology parks. Therefore,consistency can be established with this provision of the FLUE. 8. The Future Land Use Designation Description Section of the FLUE defines when Non- Target Industry Uses may include hotels at a floor area ratio consistent with Section 2,215,4.7 Qf-tbe LDC, and,these uses in the C-1 through C73 Zoning Districts that provide support services to the Target Industries such as general office, banks, fitness centers, personal and professional services, computer related businesses and services, employee training, technical conferencing, day care center and restaurants, and corporate and government offices. Section 6.4 of the PUD Document provides for the Non-Target Industries listed above including other uses contained in Section 2220.4.8 of the LDC in effect as of the date-of approval of the PUD for research and technology parks. Therefore,the proposed uses for Non-Target Industries may be found consistent with the FLUE. 9. The Future Land Use Designation Description Section of the FLUE provides that building permits for Non-Target Industry Uses shall not be issued for more than 10,000 square feet of gross leasable area prior to the-issuance of the first building permit for a Target Industry Use. This requirement is included in Section 6.SH of this PUD Document. Therefore, consistency can be established with this provision of the FLUE. I 0 The subject property's location in relation to the existing or proposed community facilities and services supports the proposed development intensities as required in Objective 2 of the FLUE. 11. The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 12. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 13. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the FLUE. 14. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element of the Collier County GMP. 15. The project as planned may be found consistent with Objective 7 of the Transportation Element that requires that the County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on-site circulation. 16. All final development orders for this project are subject to the Collier County Concurrency Management System,as implemented by the Adequate Public Facilities Ordinance(Division 3.15 of the LDC) and further required by Policy 23 of the FLUE. 4 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP North Naples Golf Range, Inc., as Trustee of the SJG Land Trust Agreement, U/A dated 5/9/97, is the owner of the subject property at th- time of this application for rezoning. 2.2 LEGAL DESCRIPTION The subject property being±19.3 acres is described as: The North 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S.41, Collier County, Florida; and The North 200 feet of the South 1/2 of the North 1/2 of the North Yi of the North East 1/4 of Section 10,Township 48 South, Range 25 East, lying West of Old U.S.41, Collier County, Florida 23 GENERAL DESCRIPTION OF PROPERTY The project is comprised of±19.3 acres,more or less,and is located on the west side of Old U.S.41 just south of the Lee/Collier County line. The project permits a range of commercial and research/technology uses. Physical Description The subject property is currently being used for a golf course driving range. The average elevation of the subject property is approximately twelve (12) feet above mean sea level. Most of the site has been cleared but still contains some xeric scrub. The soil types are substantially composed of various sandy soils. The entire site is located within Flood Zone X. The zoning classification prior to the date of approval of this PUD was a PUD that allowed for a golf course driving range,residential uses and limited commercial uses. 2.4 SHORT TITLE This Ordinance shall be known and cited as the 'North Naples Research and Technology Park Planned Unit Development Ordinance". 2.5 STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has the lands under unified control for the purpose of obtaining PUD zoning on the subject property. 5 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the intent of this Ordinance to establish a PUD meeting the requirements as set forth in Section 2.2.20 of the Collier County LDC. The purpose of this Document is to set forth - - regulations for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County GMP. 3.2 PROJECT DESCRIPTION The project contains± 19.3 acres and includes land area to provide for a mix of Targeted Use Areas — aviation/aerospace industry, health technology industry, information technology industry and other light, low environmental impact uses. Also permitted are Non-Target Use Areas that provide support services to the Target Use Areas such as general office uses, banks, restaurants, personnel and professional services. The maximum amount of Non- Target Use Area permitted by the FLUE is 2.74.acres. The PUD Master Plan (Exhibit A) shows that 2.54 acres is being provided for the Non-Target Use Area The minimum acreage required to be devoted to Target Industries is 8.23 acres and the PUD Master Plan provides 9.89 acres for this purpose. Both upland and wetland preserve areas are provided for on the PUD Master Plan and comprise approximately 2.7 acres. Access will be provided from Old U.S.41 by way of the sixty (60) foot wide access road. 3.3 LAND USE PLAN AND PROJECT PHASING A. The PUD Master Plan provides for areas of light technology-based uses Target Use Areas and Non-Target Use Areas to provide for commercial support services, as well as rights-of-way, lakes, preservation areas and an FPL easement area The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval based on compliance with all applicable requirements of this Ordinance,the LDC and local, state and federal permitting requirements. All tracts may be combined, or developed separately, subject to compliance with the applicable dimensional requirements contained within this Document. B. The anticipated time of build-out of the project is approximately three(3)years from the time of issuance of the first building permit,or 2006. However,actual build-out will depend on market conditions. 6 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the North Naples Research and Technology Park Planned Unit Development and Master Plan. - 1.1 GENERAL- The following are general provisions applicable to the PUD: A. Regulations for development of the North Naples Research and Technology Park PUD shall be in accordance with the contents of this Document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County GMP in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer,his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD Document and any other conditions or modifications as may be agreed to in the rezoning process for the subject property. I n addition, any successor in title or assignee is subject to the commitments within this Document. B. Unless otherwise specified, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application to which the definition relates. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the North Naples Research and Technology Park PUD shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC. E. Unless specifically waived through any variance or waiver process, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this Document in effect at the time of construction plan approval. 4.3 EASEMENTS FOR UTILITIES Easements.where required, shall be provided for water management areas,utilities and other �... purposes as may be required by Collier County. All necessary easements, dedications or 7 other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. 4.4 AMENDMENTS TO THE ORDINANCE --------- The proposed PUD Master Plan -ice concept 1 i-nature and subject to'change within the ---- context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC in effect at the time the amendment is requested. 4.5 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 32 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan,the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of any building permit or other development order,the provisions of Section 3.3 of the LDC, Site Development Plans, shall be applied to all platted parcels, where applicable. 4.6 PROVISION FOR OFFSITE REMO.VAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site,there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a"development excavation" pursuant to Section 3.5.5.1.3.of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. /-"N C. All other provisions of Section 3.5 of the LDC are applicable. 8 4.7 SUNSET AND MONITORING PROVISIONS The North Naples Research and Technology Park PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans, and Section 2.7.3.6, Monitoring Requirements. 4.8 POLLING PLACES Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. 4.9 NATIVE VEGETATION A minimum of fifteen (15) percent of the site (at least 2.7 acres) shall be provided for retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetland preserve area located on the western portion of the site,the 0.7 acre xeric scrub preserve at the southeast corner of the site and 0.5 acre ofnative vegetation to be retained along the northern property line,for a total of 2.7 acres. 4.10 ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.225.8.1 of the LDC pertaining to historic or archaeological resources in the event such resources are located on the property. rti 4.11 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a property owners' association to be established by the developer. 4.12 OPEN SPACES The Collier County LDC requires that research and technology parks shall maintain open space at a minimum ofthirty (30)percent of the project area. The project will be designed in accordance with this standard and open space areas shall be shown on the site development plan and/or subdivision plat, or both as may be required. 4.13 OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. 4.14 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way or access easements for landscaping, decorative entrance ways, and signage purposes shall be allowed subject to review and administrative approval by the Collier County Planning Services Director. This review shall 9 take into account engineering and safety considerations. '-"" 4.15 ROADWAYS Roadways within the North Naples Research and Technology Park PUD may be private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or exempted by this PUD, or approved during final subdivision plat approval. The developer reserves the right to request substitutions-to LDC-deeign sta-ndai dssin accordance with Section 3.2.72 ofthe L•DC: 4.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the North Naples Research and Technology Park PUD. General permitted uses are those uses which generally serve the developer and residents of the North Naples Research and Technology Park PUD and are typically part of the common infrastructure or are considered community facilities A. General Permitted Uses: 1. Essential services as set forth under LDC,Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including the necessary accessways, parking areas and related uses to serve such offices subject to the issuance of a temporary use permit pursuant to Section 2.6.33 of the LDC. 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 6. Any other commercial use,which is comparable in nature with the foregoing uses,consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. 4.17 SIGNAGE It is the intent of North Naples Research and Technology Park Design Standards to provide basic controls for signage size,style and color without conflicting with corporate identification symbols required for successful advertisement. All monument and building facades shall meet the following requirements but shall be ultimately governed by Collier County signage requirements. A. General: 1. All Collier County sign regulations,pursuant to LDC,Division 2.5,Signs,in 10 force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. i-- 2. Signs shall be penuittedinprivate rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. 4. Utilization of lands within--F:1 pruj,;et tight of va,: -or access casements for landscaping,decorative entrance ways, and signage purposes shall be allowed subject to review and administrative approval by the Collier County Planning Services Director. This review shall take into account engineering and safety considerations. 5. The only signage permitted within preserve areas shall be directly related to the protection and educational component of the Preserve Area. B. Entrance Signs: 1. Two ground or wall-mounted entrance signs may be located at the entrance to the PUD. Such signs shall only contain the name of the development or the insignia or motto ofthe development. 2. The ground or wall signs shall not exceed a combined total of 64 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from the public right-of-way and any perimeter property line shall be 15 feet. C. Traffic Signs: 1. Traffic signs, such as street signs and speed limit signs,may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with Florida Department of Transportation (FDOT) criteria. D. Wall Mounted Signs I. Wall mounted signs shall be individual letter mounted separately or on a continuously wire raceway in a color to blend with the wall. Box type signs are not permitted. 2. Wall signs shall be placed within a 24 inch high horizontal signage band around the building perimeter. 3. Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed the requirements of Division 2.5 of the LDC. 12 E. Colors 1. Harmonious color schemes for signs are required but corporate identity variations are acceptable. Signs with multi-color letters are not permitted. 4.18 ARCHITECTURAL AND SITE DESIGN STANDARDS The North Naples Research and Technology Park Design Standards-leave been- created by-the Y — developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility and to assist architects in designing appropriate structures. These standards replace related portions of the Collier County Architectural Standards (LDC Division 2.8) provided for below. All other portions of the Collier County LDC remain in full force and effect. The intent of this standard is to establish requirements that emphasize compatibility and a common architectural theme, landscaping and consistent common streetscape elements for the research/technology portions of the PUD. The Target or Non-Target Use Areas "A"and "B" located along Old U.S. 41 shall meet current LDC,Division 2.8,Architectural and Site Design Standards. Each building shall be designed with an entry element at street side as indicated on the site plan, in order to articulate building massing and visually reduce building heights along the street. A. Landscape and Streetscape Requirements 1. Landscape buffer requirements shall be as indicated in Division 2.4 of the LDC, except as provided within this Document. 2. Trees shall be planted along the street right-of-way at 30 feet on center, uniformly spaced on each site, to provide a continuous tree line along the street. Variations up to ten (10) feet are permitted to accommodate entry drives and other similar improvements. 3. Decorative street lights shall be 20 feet in height and shall be installed at 100 feet on center near the intersection of right-of-way lines and perpendicular property lines to provide a uniform and continuous lighting pattern. 4. A pedestrian walkway shall be provided from each building entry to the street sidewalk. B. Building Design Requirements The following requirements replace Subsection 2.8.3.5.2 ofthe LDC-Building Orientation Standards,Subsection 2.8.3.5.3 ofthe LDC-Facade/Wall Height Transition,Subsection 2.83.5.4 of the LDC- Facade Standard, Subsection 2.8.3.5.5 of the •LDC - Massing Standards, Subsection 2.8.35.6 ofthe LDC-Project Standards,Subsection 2.8.3.5.7 ofthe LDC - Detail Features, Subsection 2.8.3.5.8 of the LDC- Additional Facade Design Treatments for Multiple Use Buildings,Subsection 2.8.3.5.10 ofthe LDC-Roof Treatments -�. for Buildings over 20,000 square feet. The equivalent requirements under Section 2.8.4 of the Land Development Code for buildings under 20,000 square feet are also amended by 13 these standards. 1. Buildings shall be designed with the main entrance feature facing the street or on the front corner adjacent to side yard visitor parking areas in a manner that addresses the street and parking lot. 2. All buildings will have a single story entry feature element adjacent to the street with a mass that steps down from the larger research I technology portion of the buildinb :ah-a I inimuEL, ,;f-eight feet (vertical dimension) of ---- roofline separation. The entry feature element shall span a minimum of 60% of the horizontal length of the front facade and provide a 3-foot minimum overhang and/or recessed alcove for entry doors at the entry feature element. The front fade of the entry feature element shall be a minimum of 20 feet in front of the larger research/technology portion of the building. Sloped roofs are not permitted at the entry feature element except for mansard treatments so that the building mass step-down is apparent. The entry feature facade facing a street shall have door and window areas not less than 30% of the front elevation of the element. The total facade area is calculated as follows: front element width times the floor to roof line height (not including parapet wall height). Glazed doors and windows shall be grouped together to form horizontal glazing bands with horizontal dimensions at least twice the height of the window opening. 4. Metal wall panels are permitted for the building facade only for the building facades of buildings and structures located on the south side of the access road. As to such buildings, the metal panels are permitted if located behind the entry feature element component of such buildings, and only if the panels are twenty-five (25) feet in height, or less. Semi-concealed fasteners are required. If metal wall panels are used on the entry feature element, they shall be smooth face architectural panels. Wall facades of buildings located north of the access road northerly facing wall facades on buildings on Lot Number 9, and wall facades over twenty-five (25) feet in height shall not be comprised of metal wall panels but may be of any other exterior wall material permitted by Division 2.8 of the LDC. Wall facades over twenty-five (25) feet in height shall be delineated with control joints or scoring that does not exceed twelve (12) feet horizontally and twenty-four (24) feet vertically and emphasizes the horizontal plane. Horizontal banding with wall color variation utilized in conjunction with control joint or scoring patterns is required. 5. Architectural treatment,articulation and material selections shall be utilized on all facades of the building. 6. All mechanical roof top units and condensers shall be screened from view. 7. If any building is constructed on the northern property line west of the Upland Preserve Area and east of Lot Number 9 as depicted on the PUD Master Plan and if the north elevation length exceeds the buildable distance permitted on the .-- largest of these lots, the north elevation shall be required to meet the 14 Massing Standards of Subsection 2.8.3.5.5 of the LDC (Paragraphs 1 and 2) or Subsection 2.8.4.4.5 of the LDC (Paragraphs 1 and 2) as determined by the --�,. building square footage. The intent of this requirement is to control the north elevation mass in cases where more than one lot is utilized for the construction of an individual building. 4.19 LANDSCAPING AND WALLS All landscaping shall be in accordance with the requirements of Division 2.4 of the LDC and Section 4.1 8A of this PUD Ordinance. However," in addition, the following landscape requirements shall be met: 1. A five foot high berm constructed at a 3 to 1 slope shall be provided to the west of the proposed water management area,with a Type"B"buffer incorporated onto the berm to provide for screening and buffering to the west. (See PUD Master Plan Exhibit "A" for detail.) 2. The Upland Preserve Area located along Old US. 41 shall be credited towards the requirement for a Type "D"buffer along U.S. 41,and no other type of landscaping shall be introduced into this Area ether than restored native vegetation. 3. In addition to the landscaping and buffering requirements otherwise contained herein, additional landscaping shall be required along the north property line and the buffer shall be enhanced by the installation of Cabbage Palms, or similar tree species, ranging in heights from 12 feet to 20 feet tall at time of planting and shall be spaced on an average of 10 feet on center to provide additional screening for residentially zoned land to the north. 4. A Type "B" buffer shall be provided between either the Target or Non-Target Use Areas "A" or 'B" and the adjoining residential area to the west. 5. A masonry wall or pre-cast opaque concrete (or similar material) fence/wall shall be constructed along the northern property line to the western boundary of Lot Number 9. Said wall shall be 8 feet in height and shall be constructed at one time at the locations depicted on cross-sections shown on the PUD Master Plan. 6. The landscaping required by this PUD Document shall be installed or constructed at the time of SDP approval for each individual lot; however, all of the fence/wall treatment and landscaping along the northern property line shall be constructed prior to the commencement of development of lots located north of the access road and to the east of Lot Number 9; construction of the wall treatment and landscaping along the northern property line shall begin upon commencement of site work relating to lots located north of the access road including Lot Number 9 and shall be completed prior to obtaining a certificate of occupancy. Once construction of the wall commences,it shall be diligently pursued. 15 SECTION V PRESERVE AREA REQUIREMENTS 5.1 PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on the PUD Master Plan. 5.2 PERMITTED USES The PUD Master Plan provides for 2.7 acres of upland and wetland preserve areas. Minor adjustments may be made to the boundaries of the wetland preserve area located along the western portion of the property based on South Florida Water Management District permitting considerations. No such adjustments shall be made to the Upland Preserve Area located along Old U.S. 41. No building, structure or part thereof, shall be erected, altered or used,or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures m accordance with the preservation standards of Section 3.9.5 of the LDC: 1. Passive recreation areas. 2. Biking, hiking, and nature trails,and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting,screening and buffering within the Preserve Areas, subject to SOP approval. B. Any other use,which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. 53 DEVELOPMENT STARDARDS A. Principal structures shall be required to be set back twenty-five (25) feet from the Preserve Areas. B. Accessory structures shall be required to be set back ten (10) feet from Preserve Areas. 16 SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESEARCH AND TECHNOLOGY PARK USES -TARGET AND NON-TARGET USE AREAS 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the North Naples Research and Technology Park PUD and_depicted on the PUD Master Plan. 6.2 GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations. AREA ± ACRES ± PERCENTAGE I. Development Tracts 12.43 64.4% 2. Preserve Areas 2.70* 14.0% 3. Right-of-Way 1.29 6.5% 4. Lakes 0.90 4.7% 5. FPL Easement Area 1.26 6.5% 6. Open Space 0.69 3.9% 7. Total 19.3 100% The approximate acreage of development areas are depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Division 3.3,, and Division 3.2, respectively, of the LDC. Development areas are also designed to accommodate internal roadways,open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in non-residential areas. 6.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. No less than 8.23 acres will be developed with Target Industry Uses: One hundred (100)percent of the North Naples Research and Technology Park development tracts are allowed to be developed with the following principal uses (group numbers are as utilized in the Standard Industrial Classification Manual 1987): I. Aircraft and parts(groups 3271-3728 aviation/aerospace industries) 2. Broadcast studio,commercial radio and television 3. Cable and other pay television services (group 4841) • Preserve areas comprise 15%of the site area less the FPL easement area. 17 4. Call center and customer support activities 5. CD-ROM development 6. Communication (groups 4812-4841) 7. Computer and data processing services and computer related services 8. Data and information processing 9. Development testing and related manufacturing 10. Drugs and medicine (groups 2833-2836) 11. Dwelling units located above Target or Non-Target Uses 12. Education,:;cientifc and research organization = 13. Export based laboratory research or testing activities 14. Information technologies 15. Laboratories (groups 5047, 5048, 5049, 8071, 8731, and 8734) 16. Medical laboratory (groups 8071, 8072, 8092, and 8093) 17. Parks 18. Photo finishing laboratory 19. Printing and publishing (group 2752) 20. Production facilities and operations/technology based 21. Indoor storage only 22. Research/development and technology laboratories (groups 8071, 8731,and 8734) 23. Telephone communications (group 4813) 24. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD,as determined by the Board of Zoning Appeals. B. Non-Target Industry Uses: A maximum of 2.54 acres may be used forNon-Target Use Areas.These areas are labeled Target or Non-Target Use Areas "A"and"B"on the PUD Master Plan: 1. Accounting (groups 8721,7521,7231,7241) 2. ATM(automatic teller machine) 3. Banks and financial establishments (group I 6011 -6062 and group II 6081 -6173) 4. Barber shops (group 7241) 5. Beauty shops (group 7231) 6. Business services (groups 7311-7352, 7359-7389) 7. Car wash (group 7542) Accessory only 8. Clothing stores,general 9. Convenience food and beverage store with Fuel Pumps I 10. Day care center,adult and child services 11. Drive-through facility for any permitted use 12. Drugstore, pharmacy (group 5912) 13. Dwelling units located above Target or Non-Target Uses 14. Engineering (groups 0781, 8711-8713, and 8748) 15. Food and beverage service 16. Food stores (groups 5411-5499) 17. General merchandise(groups 5331-5399) 18. General contractors (groups 1521-1542) 18 19. Gift and souvenir shops 20. Hardware store (group 5251) 21. Health care facilities (groups 8011-8049, 8051-8099) 22. Hobby, toy and game shops 23. Hotel/motel (groups 7011, 7021, 7041) 24. Insurance companies (groups 6311-6399, 6411) 25. Laundry or dry cleaning (group 7215 only) 26. Legal offices (group 8111) 27. Management (groups_874-17-8243, 8748)_ 28. Membership organization (groups 8611-8699) 29. Motion picture production studio(groups 7812-7819) 30. Personal services (groups 7211-7299) 31. Photographic studios (group 7221) 32. Physical fitness (group 7991) 33. Professional offices 34. Research/development and technology laboratories(groups 8071,8731,and 8734) 35. Restaurants, fast food 36. Restaurants and cocktail lounges only in conjunction with restaurants(groups 5812-5813) 37. Schools, commercial (groups 8243-8299) 38. Security and commodity brokers (groups 6211-6289) 39. Travel agency (group 4724) 40. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD,as determined by the Board of Zoning Appeals. C. Accessory Uses and Structures 1. Accessory uses and structures that are incidental to uses permitted as of right in the PUD. 2. For Target Use Areas, retail sales or display areas accessory to the principal use shall not exceed an .area greater than twenty (20) percent of the gross floor area of the permitted principal use and are further subject to retail standards for parking and landscaping pursuant to Divisions 2.3 and 2.4, respectively, of the LDC. 3. Administrative offices 4. Parking garages 5. Care takers unit 6. Storage,indoor only 7. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD,as determined by the Board of Zoning Appeals. 6.5 DEVELOPMENT STANDARDS FOR TARGET AND NON-TARGET USE AREAS A. Minimum lot area-20,000 square feet B. Minimum lot width-100 feet;however,lots fronting on Old U.S.41 shall have a minimum 19 lot width of 250 feet of frontage on Old U.S.41 and the northwestern-most lot adjacent to the cul-de-sac shall have a minimum lot width of 42 feet on the interior street front. C. Minimum size ofstructures-1000 square feet D. Minimum yard requirements: 1. Front yard: 25 feet 2. Side yard: 15 feet except when abutting residentially zoned property, then 25 feet r-_-- 3. . _<. Rear yard:- 15 feet 4. Minimum yard requirement from any residentially zoned property:25 feet. 5. Separation between buildings: 15 feet or one-half the building height, whichever is greater. E. Maximum height of structures: Three stories with a maximum height of 35 feet. However, the maximum height of any building to be constructed on the westerly most tract depicted on the PUD Master Plan as Tract or Lot Number 9 is limited to a maximum height of twenty- five (25) feet. F. Outside storage and display -No outside storage and display shall be permitted. All manufacturing,processing and packing shall be conducted within afully enclosed building. G. Lighting - Lighting facilities shall be arranged in a �tlanner that protects roadways and neighboring properties from direct glare or interference. Parking lot lighting facilities on the westerly most portion of Tract or Lot Number 9 and along the northern property line shall be limited to a maximum of twelve (12) feet in height. Shielding of these lights shall be provided so that no direct glare impacts any residential structure to the west or north. H. Building permits - Building permits for Non-Target Uses shall be issued for no more than 10,000 square feet of gross leasable area up and until the first building permit is issued for the Target Use Area use. I. The landscape berm and buffer area located on the western portion of the property, as depicted on the PUD Master Plan,shall be provided within the initial phase of construction. J. A fence or landscaping features designed to deter pedestrian travel shall be provided along the western edge of the westerly most tract of the project. K. Hotel/motel -Hotel/motel units may be developed to a maximum floor area ratio of 0.60, and not to exceed 16 dwelling units per acre. L. For uses located on the north side of the access road, hours of delivery and loading/unloading are only permitted between the hours of 6:00 am. and 9:00 p.m. M. All testing shall be conducted inside enclosed structures. N. Residential Standards-The development standards forNon-TargetUse Areas "A"or'B"for residential/commercial mixed uses are set forth as follows: 1. Residential dwelling units shall be located above principal uses. 2. The number of residential dwelling units shall be controlled by the dimensional 20 standards of the C-3 Zoning District which standards are in effect as of the date of adoption of this Ordinance. 3. Building height shall not exceed a maximum height of 35 feet. 4. Each residential dwelling unit shall meet the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet. 5. Residential units may be provided on the second or third floor and may be mixed with office uses on the same floor. 6. The nixed commercial/residential structure shall be designed to enhance the compatibility of the commercial and residential uses through such measures as.but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units. 7. Should a conflict arise between County Staff and the developer concerning the implementation of any of the above requirements, the interpretation and appeal procedures of Section 1.6.6 of the LDC shall be followed. 21 SECTION VII DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the North Naples Research and Technology Park PUD. 7.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in strict accordance with approved site development plans, final subdivision plat and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns,shall be responsible for the commitments outlined in this Document. B. The PUD Master Plan ("Exhibit "A') is illustrative in nature. Tracts and boundaries shown on the Plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary or final subdivision plat or site development plan approval. C. All necessary easements, dedications,or other instruments shall be granted to insure the continual operations and maintenance of all service utilities and all common areas of the project. 7.3 ENVIRONMENTAL A. An exotic vegetation removal monitoring and maintenance plan for the site shall be submitted to the Collier County Environmental Services Department prior to final site plan/construction approval. A schedule for exotic vegetation removal shall be submitted with the above-referenced plan. B. A minimum of fifteen (15) percent of the site at least 2.7 acres) shall be provided as retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetland preserve a located on the western portion of the site,the 0.7 acre xeric scrub preserve area at the southeast comer of the site and the 0.5 acre of native vegetation to be retained along the northern property line. C. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Review Staff 1 . The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service ("US.FWS") and Florida Fish and Wildlife Conservation Commission ("FFWCC")regarding potential impacts to protected wildlife species. 22 Where protected species are observed on site,a habitat management plan for these protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction approval. E. The petitioner shall be subject to all environmental sections of the LDC and GMP in effect at time of final development order approvals. F. The scrub oak preserve area shall be restored in accordance withthe approved - 'Unatithorized Vegetation Removal Remediation Plan and Exotic Vegetation g.. . Eradication &Maintenance Plan"prepared by Southern Biomes,dated November 1, 2002. The mitigation plantings shall be completed, inspected and approved prior to preliminary acceptance of the subdivision plat or the issuance of first certificate of occupancy,whichever comes first. G. A Gopher Tortoise(GT).Relocation/Management Plan shall be submitted for review and approval at the time of plat/construction plan submittal. 7.4 TRANSPORTATION The development of this PUD shall be subject to and governed by the following conditions: A. All traffic control devices and design criteria used shall be in accordance with the minimum standards, as amended, and as adopted by the FDOT, as required by Chapter 316,Florida Statutes -Uniform Traffic Control .Law. B. All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the FOOT - Speed Zoning Manual, as amended, and as required by Florida Statutes- Chapter 316,Florida Statutes -Uniform Traffic Control Law. C. Arterial level street lighting facilities shall be provided at all development points of ingress and egress. Said lighting facilities must be in place prior to the issuance of the first permanent certificate of occupancy (CO). D. External and internal improvements determined by the Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first CO. E. Road impact fees will be paid in accordance with appropriate Collier County Ordinances unless otherwise approved by the Board of County Commissioners. F. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change as determined by the Collier County Transportation Staff. The Collier County Transportation Staff reserves the right to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These adverse impacts include, but are not limited to, safety concerns, operational circulation issues, and roadway capacity problems. 23 G. Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and the LDC, as amended. Median access and control will remain under the Collier County Transportation Staff authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These adverse impacts include, but are not limited to, safety concerns, operational circulation issues,and roadway capacity problems. s - H. clothing any development order will-,e:cr the right of access over and above a right in/right out condition. Neither will the existence of, nor lack of, a future median opening be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travelways shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as implemented by the Collier County Transportation Staff J. The developer(s), its successor(s) in title, or assignee(s),will be responsible for the cost of any and all traffic signal(s),at any and all development entrance(s), when determined warranted and approved by the Collier County Transportation Staff When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over for ownership to Collier County Transportation Services Department, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to 'fair share" payment(s), or .-. reimbursement(s),from any and all other neighboring property owner(s),that directly benefit from said traffic signal(s), will be determined based upon the percentage of usage/impact. K. The developer(s) shall provide any and all site-related transportation improvement(s) including, but not limited to,any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore,do not qualify for impact fee credits. When said turn lane improvement(s),whether left turn lane(s) and/or right turn lane(s),are determined to be necessary, right-of-way and/or compensating right- of-way, when applicable,shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff The subject development turn lane improvements shall be as follows: 1. On the north approach, a separate right turn lane for southbound to westbound traffic movement shall be provided. 2. On the south approach, a separate left turn lane for northbound to westbound traffic movement shall be provided. 3. On the west approach, a separate right turn lane for southbound traffic movement and dual purpose left tum/through lane for the northbound/eastbound traffic movement shall be provided. 24 All turn lane design criteria used shall be in accordance with the minimum standards `.. as adopted by the FOOT-Design Standards, as amended, and as required by Florida Statutes - Chapter 316,Florida Statutes, Uniform Traffic Control Law. L. All work within Collier County rights-of-way shall meet the requirements of Collier County Ordinance No. 93-64. _ lLI: All internal accesses) drive aisle(s)_-sidewalk(s),riot located W ithin-County right-of- way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s), for that purpose. N. Joint/shared access(es)may be required by Collier County Transportation Staff as a condition of SDP approval. O. Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation Staff as a condition of SDP approval. P. Prior to development of any and all portion(s) of any and all development(s), SDP approval shall be obtained/received from Collier County Transportation Staff through the SDP review process, Division 3.3 of the LDC. Q. If a gate is proposed at any and/or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed-up onto any and all adjacent roadways. To meet this requirement, the following shall be the minimum requirements to achieve that purpose: 1. The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate(s). 2. A turn around area of sufficient width and with sufficient inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate(s). 7.5 UTILITY REQUIREMENTS A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed,owned and maintained in accordance with Collier County Ordinance No. 01-57,as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer services to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off- site sever facilities are available to serve the project. 25 7.6 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. _A cDpy of.the S=FWA_ID Surface Water Management Permit must be-received by the --=-- = Development Services Staff prior to any construction drawing approvals. C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the rights-of-way and tracts shown on the PUD Master Plan. 7.7 WATER MANAGEMENT REQUIREMENTS A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC,except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines,with side,rear or abutting property lines fenced. B. Land scaping may be placed within the water management area in accordance with the criteria established within Section 2.4.73 of the LDC. C. The wet season water table elevation shall be established at the time of SFWMD permitting, which is required for the subject property. D. A drainage easement along the easternmost side of the FPL easement shall be dedicated to Collier County at the time of final subdivision plat approval pursuant to FPL approval. The developer shall coordinate this requirement with the Collier County Stormwater Management Section Staff.No certificate of occupancy shall be issued until this easement is properly obtained and the instrument evidencing the grant of easement is recorded. E. At the time of construction plan review, adequate documentation justifying the proposed enclosure of the ditch on the west side of the FPL easement shall be provided. F. The Collier County Stormwater Management Section will review and approve the stormwater management system and the developer shall obtain a surface water management permit from the South Florida Water Management District. G. The developer shall coordinate with the Sterling Oaks Homeowners' Association in order to plan for the Sterling Oaks stormwater discharge.This requirement is subject to a modification of the Sterling Oaks' South Florida Water Management District permit. 26 Detail by Entity Name Page 1 of 2 __- FLORIDA DEPARTMENT OF STATE ,_ DIVISION OT CORPORATIO\S kn l � c _ Detail by Entity Name y Florida Limited Liability Company MY OTHER PLACE, LLC Filing Information Document Number L12000039685 FEI/EIN Number 45-4855141 Date Filed 03/21/2012 Effective Date 03/21/2012 State FL Status ACTIVE Principal Address 15 8TH STREET SUITE A -- BONITA SPRINGS, FL 34134 Mailing Address 4117 WHIPPLE AVENUE NW, SUITE B CANTON, OH 44718 Changed: 02/11/2015 Registered Agent Name & Address Salvatori, Wood & Buckel 9132 Strada Place Fourth Floor Naples, FL 34108 Name Changed: 02/04/2013 Address Changed: 02/04/2013 Authorized Person(s) Detail Name &Address Title Manager GOLDIE, JAMES M 15 8TH STREET SUITE A BONITA SPRINGS, FL 34134 Title Vice Manager http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 3/26/2015 Detail by Entity Name Page 2 of 2 Johnson, Allen W 15 8TH STREET SUITE A BONITA SPRINGS, FL 34134 Annual Reports Report Year Filed Date 2014 03/19/2014 2014 09/24/2014 2015 02/04/2015 Document Images 02/04/2015 --ANNUAL REPORT View image in PDF format 09/24/2014 --AMENDED ANNUAL REPORT View image in PDF format 03/19/2014 --ANNUAL REPORT View image in PDF format 02/04/2013 -- ANNUAL REPORT View image in PDF format 03/21/2012 -- Florida Limited Liability View image in PDF format Copyright©and Privacy Policies State of Florida, Department of State http://s e arch.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetail?inq... 3/26/2015 Co[Lier County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX: (239) 252-6358 •- - 6!;- TIAL CHANGE E $ii jise :l�v 02 $ & oda'of Laws section Ch.3(3.3 of the Adrrtinists,ath:e Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PDI - PL20140002611 REV: 1 PETITION NO NORTH NAPLES RESEARCH AND PROJECT NAME TECHNOLOGY PARK DATE PROCESSED DATE: 12/15/14 DUE: 12/31/14 APPUC.- CONIA=:...3 fi.: Name of Applicant(s): Allen Johnson, North Naples Golf Range, Inc. Address: 15 8th Street, Suite A City: Bonita Springs State: FL ZIP: 34134 Telephone: 239.253.8236 Cell: Fax: E-Mail Address: Ilgode@aol.com Name of Agent: Steven L. Darby, P.E. Firm: Darby Engineering, Inc. Address: 1216 S.W. 4th Street, Suite 4 City: Cape Coral State: FL ZIP: 33991 Telephone: Cell:Cell: Fax: 239.772.0141 E-Mail Address: steve@dei-fla.com Is the applicant the owner of the subject property? ■ Yes I I No 1 1. If applicant is a land trust, so indicate and name the beneficiaries below. 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 9/25/2014 Page 1 of 4 Cattier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colIiergov.net (239)252-2400 FAX:(239) 252-6358 n 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (1 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. n 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. n 6. If applicant is a contract purchaser,attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PUD NAME: North Naples Research and Technology Park ORDINANCE NUMBER: 03-26 FOLIO NUMBER(S): 64288000185 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? (I Yes E No If no, please explain: Has a public hearing been held on this property within the last year? n Yes n No If yes, in whose name? Has any portion of the PUD been Q SOLD and/or ■ DEVELOPED? Are any changes proposed for the area sold and/or developed? n Yes • No If yes, please describe on an attached separate sheet. 9/25/2014 Page 2 of 4 CotlerCounty COLLIER COUNTY GOVERNMENT 2.800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 P e-A.ohc tion Meeting and Final Submittal Requirement Checkiist for: Iris;..: s�antiai .hpn , �_..� __LG:YI ltd .. f Code e Chapter... _ of i-ic Administrative. C The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. s EViE. [ FOR .TOPIES Completed Application (download current form from County website) 16 0 n Pre-Application Meeting notes 1 rxi Project Narrative,including a detailed description of proposed changes 16 Ix and why amendment is necessary Detail of request 16 Ix Current Master Plan &1 Reduced Copy 16 n Revised Master Plan & 1 Reduced Copy 16 Ix Revised Text and any exhibits 116] IX PUD document with changes crossed through & underlined 1161 x PUD document as revised with amended Title Page with Ordinance# 16 x I Warranty Deed 16 n U Legal Description ,6 x Boundary survey, if boundary of original PUD is amended 7 If PUD is platted, include plat book pages 1161 x List identifying Owner&all parties of corporation 2 x Affidavit of Authorization, signed & notarized 2 Ix I 1 Completed Addressing Checklist 1 x Copy of 8/2 in.x 11 in.graphic location map of site 1 x Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials 12 I X to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 9/25/2014 Page 3 of 4 CotLier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director ❑ Utilities Engineering:Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad ❑ Emergency Management:Dan Summers ❑ Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL: Nichole Ryan ❑ Other: ❑ City of Naples:Robin Singer,Planning Director ❑ Other: ❑ PUD Amendment Insubstantial(PDI):$1,500.00 ❑ Pre-Application Meeting:$500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ,41 Applicant/Owner Signature Date Allen Johnson Applicant/Owner Name(please print) 9/25/2014 Page 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH /2 OF THE NORTH '/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 10 TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF OLD U.S. 41 (TAMIAMI TRAIL); AND THE NORTH 200 FEET OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF OLD U.S. HIGHWAY 41 (TAMIAMI TRAIL), ALL BEING IN COLLIER COUNTY, FLORIDA. PDI - PL20140002611 REV: I NORTH NAPLES RESEARCH AND TECHNOLOGY PARK DATE: 12/15/14 DUE: 12/31/14 . li r t E F 1 mx.m,A >YI.R; ; d i gI g \ , ,I " o b III = =0 111 R1e4 li 011 =g � E a +i �RI ,\ 1 R3 a Z gi 111.— al ,I O trl Ili 0 , ., ...., . . ,.. ., .., .... .., a. Wi1 RA U 31II Z a i OZ 'S - Fl- _I- F- W C' _ ay0j + d 8d a aaw I'1 • • 1 6i• • Q _� • , ,S �� l Z Y ilik . ilL! y 1 i. a a •I o . NI. I V- ;eQBF '+I dova Arra .: 1;' C� Z M' S I ! 1 Ea 11 I. •i - CZ l ir d 1 5I:§: .,,,., U I i "�° - 511 4 o"s ,. V g A „ Ih. 't ‘) ......_______\ ,— U) Y 1 v. \ ! W � N' :: i: li . 11 b_i QCL tD �. I ° ; - ice Z : : :Y JZONN AD ° a a� � = z 4k 4F g If' —reU H W u v o a va :::s ❑ OwQD II / ji 1� � _ aZH ❑ ❑ A.,.. I rE t tart : i r11/1ygg � - A� '. 11 of A �iQ V Y I y : �+ ,, ;, � �W= � ° as Q ,rlit te !,Z o m�= Mil N >- I W SE.`, $ W > I �,/ I Al ...I J O 1 I i f!M� 14 �, I Z ng� .. J i !Abuts d o $ PI 0 q W Z W 1 • 'I a i- Se • 1 F MMMMM N M y `a `�' • + < < <p < < a (< 0 2113 i ''+'• •411.1 • '• • •? m6 8 ea 5 N A Q m ry ~ z /' • '+ '+ - i± 333 SS6 > ii a` ow a 1- eeee�� ,+ N C C R � • • • > • •• • ' i wi r i7X {�~- I Ij:„.....1, ZZa.n o� z U Yn 3 8, rNo p,-- r pZ0 E',7,w WW z t'1.- 1 F .ri wj r ', 6 i Ai _ waw N% vioY W �b �� o p w 5 Y I rJ ow IA alp '< o nW p M < $ w, q ly 2 w w IIl J �I =1'' ]Jl g 1 aia �� o ��3 (� yW yZ� F <�a' wgL----- . Z__1,,, L0,1): i. ao . ion �i�W W . . LL .! C7 rv� IIF - -- a�I i- rca 1313¢ uai uai�' ----.....__ - ° %tea in Q Z w�: _< oom 5 — This instrument prepared by and after recording return to: Leo J.Salvatori,Esq. Salvatori,Wood, Buckel, Carmichael&Lottes 9132 Strada Place, Fourth Floor Naples, FL 34108-2683 WARRANTY DEED This Indenture, made this /9/ day of S-e f i�">E K.-j' , 2014, between, NORTH NAPLES GOLF RANGE, INC., a Florida corporation, as Trustee of the SJG Land Trust Agreement U/A dated 5/29/97, GRANTOR, to MY OTHER PLACE, LLC, a Florida limited liability company, whose post office address is 15 8th Street, Suite A, Bonita Springs, Florida 34134, GRANTEE. Witnesseth that said GRANTOR, for and in consideration of the sum of TEN DOLLARS, and other good and valuable consideration, to said GRANTOR in hand paid by said GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: Lot 1, NORTH NAPLES RESEARCH AND TECHNOLOGY PARK, according to the map or plat thereof as recoded in Plat Book 41, Page 48, Public Records of Collier County, Florida. Together with all the easements, tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; and Subject to easements, restrictions and reservations common to the subdivision, and real estate taxes for the year 2014 and all subsequent years, bearing Parcel No. 64288000185. To have and to hold, the same in fee simple forever. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims and demands of all persons claiming by or through Grantor, but against none other. In Witness whereof, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. PDI -PL20140002611 REV: 1 NORTH NAPLES RESEARCH AND �-. TECHNOLOGY PARK DATE: 12/15/14 Prolaw:1074225 DUE: 12/31/14 Signed, s-= ed a • delivered (Corporate Seal) -- 'n our p -sence ) NORTH NAPLES GOLF RANGE, INC., a / Florida corporation, as Trustee of the SJG / Land • t-A•reeme U/A dated 5/29/97 ,, ---s#1 int na below) .--/ (; Alters W. Johnson, as Vice-President ` .tel Witness#2(print name below) k rUt iFT ODE- STATE D -STATE OF FLORIDA COUNTY OF COLLIER Cr--- The foregoing was acknowledged before me this L day off , 2014 by ALLEN W. JOHNSON, as Vice-President of NORTH NAPLES GOLF RANGE, INC., a Florida corporation, as Trustee of the SJG Land Trust Agr�xnent U/A •-ted 5/29/97, who is personally known to me or has produced identification. (..____ NOTARY PUBL i TYPED,PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: •''K 'i%'''• LEO J.SALVATORI f:R}! :* MY COMMISSION IEE 834441 V...,':o EXPIRES:November 28,2016 ',t pf h°"`' Bonded Thru Notary Public Underwriters 1 Prolaw:1074225 NAPLES DAILY NEWS (( Friday,March 20,2015 K 13A I PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING r Notice is hereby given that a public hearing will be held by the Collier County n the Hearing Examiner (HEX) at 9:00 A.M., on Thursday, April 9, 2015,Hearing Examiner's Meeting Room, 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI-PL20140002611 My Other Place, LLC requests an insubstantial change to Ordinance No. 03-26, the North Naples Research and Technology Park Planned Unit Development ("PUD") to increase the maximum number of permitted workforce housing dwelling units, to reduce the acreage for the non-target use area,to increase the acreage for the target use area, and to amend the PUD Master Plan to accurately reflect the current lot configuration.The subject property consists of 19.3±acres of land located on the west side of Old U.S. 41, just south of the Lee/Collier County line in Section 10,Township 48 South, Range 25 East, Collier County, Florida. 1.111111.11 BONITA BEACH ROAD (C.R.85S) 'b J O d' RESEPNP01 R 1EN OLOCT PROJECT LEE `A"P LOCATION COUNTY 111 uANr BERVE DPI) AUDUBON NWOE NODCU W/ARBWP P,:U CLUB ti CLUB MEDITERRA 51FR0NG. Outs 11ER110 B 10 DCELOUTHE RAID WIEPRA RETREAT MRADOW E�OB _— �E.�� ' ®' VETEr NS MEMORIAL BLVD. RML IMPERIAL SAMMY//0GO CLAVE Oq IlA COODHATCHEE gilt MMEMA LAKES 1. BAY COVE 1tPLAZA 15 16 GRACE P3 1 . .a: 16 u5-11 ROAD AA5nmoo BAPTIST RCH PASS ROAD 4PERIAL —_ C.R.BBB ��— —�� 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 beepartment, Zoning rened at the lier County Growth Management es Section, 2800 North Horseshoe Drive, Naples, FL. Division, Zoning 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 Division loca2b2 8380 at leastrtwo3335 Tamiai rda ails prior to the meeting.ast, Suite 101, Naples, Florida 34112-5356, (239) EXHIBIT Mark Strain, - m Chief Hearing Examiner Collier County, Florida March 20 2015 . No.231123988 6 LjgJl5-a