Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
HEX Agenda 05/14/2015
COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA MAY 14, 2015 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, MAY 14,2015 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: April 9, 2015; April 23, 2015 4. ADVERTISED PUBLIC 1-IEARINGS: A. PETITION NO. VA-PL20140001721 — Belaire Development, LLC requests a variance from Section 4.02.01 Table 2.1, which requires a 20-foot rear yard setback from the mean high water line, to instead allow a 7.2-foot rear setback, for an existing single-family dwelling that was permitted to be constructed 20 feet from the rear property line instead of the 20 feet from the mean high water line, on property located at Lot 67, Gulf Harbor subdivision, in Section 16, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] B. PETITION NO. VA-PL20150000189 — Vanderbilt Beach, LLC, requests a variance from Section 4.02.01, Table 2.1 of the Land Development Code, to reduce the side yard accessory structure setback line from 15 feet to 11.44 feet on the south property line, and from 15 feet to 8.05 feet on the north property line, to allow for reconfiguration of an existing stairway and construction of a proposed arbor and freezer on property located on Gulf Shore Drive, approximately 1,200 feet north of Vanderbilt Beach Road. in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] C. PETITION NO. SV-PL20150000086 — RaceTrac Petroleum, Inc. requests a variance from LDC Section 5.05.05.C.2.b, which limits automobile service station canopies to one corporate logo with a maximum area of 12 square feet on the canopy face adjacent to a dedicated street, to instead allow the corporate logo to have a maximum area of 50 square feet on the canopy facade facing Tamiami Trail East and 37 square feet on the facade facing Barefoot-Williams Road, and 37 square feet on the façade facing a vacant commercial parcel which is located on the east side of the fuel canopy and not adjacent to a dedicated street; from LDC Section 5.06.04 F.4, which limits single occupancy parcels with double frontage on a public right-of-way to two total wall signs, each sign on a different facade, to instead allow four total wall signs, one on the northwest building facade facing Barefoot-Williams Road and three on the northeast building facade facing Tamiami Trail East; and from LDC Section 5.06.04 F.4.e, which limits non-illuminated, non-reflective signs located in a window to cover a maximum of 25% of the window area, to instead allow such a sign to cover a maximum of 46% of the window area, for the proposed RaceTrac automobile service station located on the southeast corner of Tamiami Trail East and Barefoot-Williams Road intersection, in Section 33, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN April 9, 2015 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples, Florida April 9,2015 LET IT BE REMEMBERED,that the Collier County Hearing Examiner, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive, Room 609/610,Naples, Florida, with the following people present: HEARING EXAMINER MARK STRAIN Also Present: Heidi Ashton-Cicko, Managing Assistant County Attorney Ray Bellows,Zoning Manager Page 1 of 12 April 9, 2015 HEX Meeting EXHIBITS : DESCRIPTION PAGE 4A - Petition VA-PL201500085 A- Staff Report 8 B - Legal Advertisement 8 C - Packet of Letters 8 4B - Petition BD-PL20130002460 A- Staff Report 23 B - Legal Advertisement 23 4D- Petition PDI-PL2014000261 I A - Staff Report 30 B - Legal Advertisement 30 PROCEEDINGS HEARING EXAMINER STRAIN: Good morning. Welcome to the Thursday, April 9th meeting of the Collier County Hearing Examiner's Office. If everybody will please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) HEARING EXAMINER STRAIN: Good morning. We've got some housekeeping matters I'll start with. Speakers will be limited to five minutes unless otherwise waived. All decisions are final unless appealed to the Board of County Commissioners, and a decision will be rendered in writing within 30 days. Our schedule this morning. The first item up is a review of the agenda. We had four items on the agenda today. ***The third item is titled Petition No. BD-PL201400002207,and it's for the Real Estate Technology Corporation of Naples on a project called the Dockside Residential Planned Unit Development. That particular item is being continued until the April 23rd meeting in this office. Between now and then,there may be a necessity to move it into the Planning Commission's hearings. That decision has not yet been made. But if it does, we will not be hearing it here on the 23rd. You will get a new notice. For now, though,we're going to leave it at the April 23rd in here. We'll try to notify everybody if it changes. If anybody is here for that item today--sir, if you could make sure that-- would you mind coming to the microphone for the record. MR. ADDISON: All right. HEARING EXAMINER STRAIN: Because this one is being continued and you are here today, I'd certainly like to hear what your thoughts are,and then if you could leave the gentleman on the end some contact information. When this gets routed in whatever direction it's going to go in,we'll reconfirm to you where and how it's going to be heard. MR. ADDISON: All right. HEARING EXAMINER STRAIN: Could you state your name for the record. MR. ADDISON: Bruce Addison. HEARING EXAMINER STRAIN: Mr. Addison,are you here to speak in favor or against the project? MR. ADDISON: Well,the project isn't the problem. It's the depth of the--where they want to put the docks out into the river is the only concern I have. HEARING EXAMINER STRAIN: So they're asking for a boat dock extension. Normally they could go 20 feet out without any request other than a building permit. They want to go 30 feet out.That will include the width of the boat as well. So the docks will go to the 20 foot where previously the docks would have gone to about 10 and the boat would have been the additional 10. So they stayed within the 20. Now they Page 2 of 12 April 9, 2015 HEX Meeting want to go 20 with the docks and 10 for the boats. And so then,you're against the dock extension, is what you're-- MR. ADDISON: Yes, sir. It's not necessary. They have plenty of depth of water there. The banks drop off very steeply. There's plenty of depth within the 10 feet they're requesting. I live directly across from them, and my dock runs no more than 8 to 10 feet out. I have plenty of water for the boats. Any of them that they want to put--of course,you can't have a yacht in there to begin with because the depth of the water going in and out would not allow anything but shallow draft boats. HEARING EXAMINER STRAIN: And you said you're directly across the canal? MR. ADDISON: Right. HEARING EXAMINER STRAIN: Did you see a guy in a beard there a couple Saturdays ago? MR. ADDISON: Yes, sir. HEARING EXAMINER STRAIN: Did you see him out in the water-- MR. ADDISON: You can attest to the fact, because you had a pole that you checked it. HEARING EXAMINER STRAIN: There's a lot of silt in the bottom of that canal,too. Well,thank you for your comments, and we will keep you informed through Mr. Reischl as to the progress and how this one goes. There's been some other people in your neighborhood concerned about this, and because of that, I've got to meet with the commissioner, and it may end up going before the Planning Commission at a more formal hearing because it may rise to a higher level than more of an administrative level. If that happens,though, we'll keep you in the loop. MR. ADDISON: Okay, good. Like I say,the only concern I have is the docks. The development, you know,that's whatever. But the concern is in the river because of the manatees and the boats that could go past. And it's only 85,90-foot wide at that point. You know this. HEARING EXAMINER STRAIN: Yes, sir. MR. ADDISON: And that's the problem, when the boats are--you know,everything we have now, nothing goes more than 10 foot out into the--from the mean high water, and it's not a necessity that anyone have it for their boats to be there. HEARING EXAMINER STRAIN: Thank you very much for your input, sir. Appreciate it. MR. ADDISON: Thank you. HEARING EXAMINER STRAIN: We'll be in contact with you. MR. ADDISON: Thank you very much. HEARING EXAMINER STRAIN: Is there anybody else here that came to talk about this particular petition and this boat dock extension? (No response.) HEARING EXAMINER STRAIN: Okay. With that,that particular item will be continued to April 23rd unless further notified. And the next item on the agenda is approval of the prior meeting minutes of March 12, 2015. I have reviewed those, and those are okay to be submitted for the recording as presented. ***So we'll move to our first advertised public hearing. The first advertised public hearing is Petition VA-PL20150000385. The petitioner is Capri Christian Church, Inc., Isles of Capri,and it's for Lots 429 and 430 for some variances involving a parking exemption. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Okay. And disclosures on my part, I've talked numerous times to the applicant's representative, Mr. Foley; I've also talked to Annie and Eddie Hall,Commissioner Fiala; I've reviewed all the finals and met with staff numerous times on the various issues that we have to discuss today. We have three exhibits that I want to add to the record. Exhibit A will be the staff report, Exhibit B will be the legal ad,and Exhibit C will be the various letters from the neighbors that I believe Fred has provided to the court reporter in the beginning of the meeting. And with that, are there any members of the public here interested in this petition? MR. REISCHL: We have a speaker slip. Page 3 of 12 April 9, 2015 HEX Meeting HEARING EXAMINER STRAIN: Okay. Fred, I'll need to-- Blair, I'll need you to make a presentation so that the members of the public can understand what you're here for. I have three slides that you're more than welcome to reference, if you'd like. I'll show you what those are. This is the area that is requesting the variances, and then that's a little more detail of the layout of the area. So with that, Blair, I do have some questions, but I'd like--if you could just briefly let everybody know what you're doing,that would be helpful. MR. FOLEY: Certainly. Thank you very much. For the record, Blair Foley representing the petitioner. Good morning. We're here on behalf of the church to represent the variance request to utilize these two parcels for an overflow parking area. We recently,within the last month or so, had a public hearing approval for the parking--the parking itself. We're here this morning for variances on particular components and code sections that are listed in the staff report. We're in full support of that. Some of them are width requirements on landscape buffers; travel width requirements, a slight reduction in that;the removal of the requirement to actually paint the gravel driveway for the directional arrows is also listed. And,again, we're in full compliance with that. I don't really have any objections from the neighborhood. The gentleman that wishes to speak today is the pastor. He's here to speak in support of it. One particular item that we also are asking a request for a variance is for the landscaping wall requirement. We're asking that that be removed as part of this petition and variance this morning. You know, at this time, I really would like to turn it over to the public to speak, unless you have some other specific items you'd like me to cover that are outside of the staff report. HEARING EXAMINER STRAIN: No, we're going to walk through some questions I have of the staff report. So I understand you are in agreement with staff recommendations? MR. FOLEY: Absolutely. HEARING EXAMINER STRAIN: Okay. A couple of the-- I want to walk through your variances. I mentioned this before the meeting. The first variance you're asking for is LDC Section 4.06.02.C.4 to allow a 7-foot-wide Type D landscape buffer instead of the 10-foot-wide buffer. Now,that is probably more clearly shown on this plan here. Do you want to tell us what sides of the project, based on that scale,this applies to so everybody in the audience knows, Blair? MR. FOLEY: Yes. MR. REISCHL: If I may, Mr. Strain,that would be the right-of-way, along the right-of-way. HEARING EXAMINER STRAIN: Okay. MR. FOLEY: Thank you, Fred. HEARING EXAMINER STRAIN: On LDC Section 4.06.02.C,you want to allow a 7.5-foot-wide rear--rear yard,and an 8-foot-wide side yard. So that would be--the one to the bottom would be the rear yard at 7.5, and the two on each side will be 8 feet; is that-- MR. FOLEY: That's correct. If I may add just real quick to that,that we're proposing larger landscape material in those same buffers. HEARING EXAMINER STRAIN: Thank you for making that clarification. LDC Section 5.03.02 --these speakers still are not picking up as they should-- H,to remove the requirement for a wall, and I've asked them to put on record the letters from the various neighbors who have approved the project. Have all the neighbors surrounding the area that the wall is being removed by accepted that variance, or is there any opposition that you have seen? MR. FOLEY: Could you please go back to the overall map. I could speak to that more clearly,the neighborhood map. HEARING EXAMINER STRAIN: The first one? MR. FOLEY: Yeah,the first map. HEARING EXAMINER STRAIN: Everybody, Blair-- I spelled "church" wrong. Spell check Page 4 of 12 April 9, 2015 HEX Meeting doesn't pick up on capital letters,and Blair was good enough to point that out, so I'm hiding it. MR. FOLEY: Thank you. The yellow is the proposed area. You could see that there are actually seven surrounding lots. We have received letters of support for six of those. The property that's located just to the right on the corner, on the bend in the drive,that's noted here as 431 and White, that particular lot has recently closed to new owners. Those two new owners were present at our neighborhood information meeting, both husband and wife, Mr. and Mrs. Pantay(phonetic), and they're in full support of this project. They are now back in Minnesota. They're not here,and they did not provide a letter in writing, but we did specifically note that in the minutes of the neighborhood meeting that they're in full support. So to answer your question -- it's a long way around the question--we don't have any opposition. Everybody immediately surrounding it is in support. HEARING EXAMINER STRAIN: Excellent. Thank you. MR. REISCHL: And Mr. Strain,on that point, if I may add -- Fred Reischl with zoning division. When I was out posting the sign, several of the neighbors came out and spoke to me,and one of the points they made immediately was that we don't want the wall. They said that would make it appear more commercial. They want it to look more residential. HEARING EXAMINER STRAIN: And I absolutely agree with them, and I'm glad they all came together. And we'll have public speakers in just a moment, sir. From LDC Section 4.05.02.L,to allow one-way isle in parking lots with 90-degree parking and a minimum of 20-foot aisle width instead of a 22. That's obvious. And I know that will be aisles--between the ends of the parking spaces and the nearest either parking space or end of shelled area will be 20 feet instead 22 feet. LDC Section 4.05.02.B.1,to allow grass parking access aisles to be made of shell instead of paved. I understand what that is. LDC Section 4.05.02.0,to remove the requirement that off-street parking spaces must be striped or marked. It would be kind of difficult in shell, so we understand that one. And from the LDC Section 4.05.02.1,to remove the requirement that one-way off-street parking aisles must have painted arrows. And I wanted to ask you about that. Those two arrows, I would --as part of the decision process, I'll need a clean exhibit for the landscape plan and the site plan. The arrows need to come off of this plan for that exhibit. And on this plan right here,the words "one way" need to come off. I do notice that you've got a signage in the front. I'm trying to see where it is on --there's a"do not enter"sign,and I think it shows up right here. Now, is that going to be facing Pago--East Pago Pago Drive so people--or is it going to be--how did you orient it? It wouldn't work, because your"one way," you should be coming in that drive. MR. FOLEY: We have "one way only." On the opposite side, we have a sign that says "do not enter." So we'll clarify that. It's a little bit of a busy plan. I'll make that revision. When we revise the arrows, I'll make that very clear for you. HEARING EXAMINER STRAIN: What I'm suggesting is that you -- make sure this "do not enter" sign--because obviously it would --that would be facing inside, and you would need another one over here facing the outside-- MR. FOLEY: Correct. HEARING EXAMINER STRAIN: --would you not? MR. FOLEY: Correct,that's correct. HEARING EXAMINER STRAIN: Then I'd like to suggest you put an arrow--a "one way" sign up front. And then this is a landscape area back here? MR. FOLEY: Yes. HEARING EXAMINER STRAIN: Could you put a one-way arrow pointing to the right-- MR. FOLEY: Oh, sure. HEARING EXAMINER STRAIN: -- in that location?That way it will assure everybody driving in they can continue driving to get out of the property and not running into any cross traffic. If you could make those corrections,that would be helpful on the site plan,and make sure my office has it fairly soon. That Page 5 of 12 April 9, 2015 HEX Meeting would be most beneficial. MR. FOLEY: Thank you. Will do. HEARING EXAMINER STRAIN: Let me make sure I've got all my questions answered before we go to the staff report and then the members of the public. MR. FOLEY: May I add one thing, please? HEARING EXAMINER STRAIN: Yes, go right ahead. MR. FOLEY: When we were asking for the reduction or the removal of the requirement for striping the spaces,for lack of a better term,the code actually reads to designate them. We still are going to have the bumper stops, so it will be clear where the vehicles will park, so... HEARING EXAMINER STRAIN: My understanding was you just--the striping is the only thing you can't do. MR. FOLEY: Correct. HEARING EXAMINER STRAIN: That's all the issues I have. And so with that, unless you've got something else to add, Blair,we'll ask for the staff report. MR. FOLEY: I have nothing further. Thank you. HEARING EXAMINER STRAIN: Okay. Thank you. Mr. Reischl? MR. REISCHL: Thank you, Mr. Strain. Fred Reischl, zoning division. As I stated, we have 27 letters of support, and I have heard no-- I've gotten no written objections and no verbal when I was on site. HEARING EXAMINER STRAIN: Okay. Thank you. MR. REISCHL: And we are recommending approval with conditions. HEARING EXAMINER STRAIN: And the conditions have been accepted by the applicant. MR. REISCHL: Yes. HEARING EXAMINER STRAIN: With that we'll move to the members of the public. The first members of the public we'll ask to speak are those registered,then I'll go to unregistered speakers. So when your name's called, if you could come up and use the mike,we'll be good. MR. REISCHL: Curt Ayers. MR. AYERS: My name is Curt Ayers, and I'm the Senior Pastor at the Capri Christian Church,and I want to thank you for your attention to this today and your work on this. I know this takes a long time to get all this stuff done. A lot of issues have to be taken care of,and we thank you for doing that. We appreciate that so much,your attention to that. I just wanted to speak to what you've already spoken to,and that is that we had talked to the neighbors about what we were going to do at the neighborhood meeting. Blair gave a presentation,also showed them all the plans and the proposals,and the only thing we ran up against was the wall. Basically, people said they didn't want the wall there. And we talked with them about what it might look like and all that,and they said it didn't fit the neighborhood,and so that was the major concern. Everything else,we've not found anybody that has said to us,hey,we don't want you to do the parking lot. We don't want that there. They realize we need the parking, and they all appreciate our issues and our problems and want us to do it. So we've got complete support there. And the other thing with the wall,again,was a security issue with me. We've got a parking lot across the street that we've had for several years. I've been here 23 years, and it was there before I came. It has the hedge around it and foliage and also the crushed shell, and it has served us well for several years. But the difference is that you can see through those hedges and talk to people. We're concerned about our ladies at night especially being near a wall where they can't see into the property, and that was a security issue with us. Besides that,everything else we see is good, and we appreciate your help with this. HEARING EXAMINER STRAIN: Well,thank you for your patience. I know you've had to come back twice, and that isn't always the most pleasant thing to do in public meetings, but thank you. MR. AYERS: Well,with you guys it's just a pleasure, so... HEARING EXAMINER STRAIN: And I do agree with your argument about the wall. And for the Page 6 of 12 April 9, 2015 HEX Meeting neighborhood's benefit,this is probably a better use for that property than what is typically going on small waterfront lots or small lots in areas like this. Now they're putting in these larger mega-homes,and that probably would have been an option for this lot, or these two lots, had not the parking lot going in. So, in reality,the open space created by this parking lot's probably more in tune to the neighborhood than what could have gone there. So I think it's a good thing. MR. AYERS: Yes, sir. Yes, sir. HEARING EXAMINER STRAIN: Thank you very much. MR. AYERS: Thank you. HEARING EXAMINER STRAIN: Are there any other members of the public who would like to speak on this item? Yes, sir. Come on up. Please identify yourself. MR. RHOADS: My name is Paul Rhoads,and I own the property that is between the church and these proposed lots. If you would put that other map back on,that first map. HEARING EXAMINER STRAIN: Lot 428? MR. RHOADS: Yes, yes. That's my property. And the only thing that I wanted to say was we do not want a wall, which we've already addressed. And I just wanted to let you know that I am completely in adherence and support of these parking lots as opposed to having house after house on these lots, so... HEARING EXAMINER STRAIN: Thank you. MR. RHOADS: If you have any questions for me, I'd be glad to answer them. HEARING EXAMINER STRAIN: I appreciate your input. You are definitely an affected party, so that carries relevance. MR. RHOADS: Yes. HEARING EXAMINER STRAIN: Thank you very much. MR. RHOADS: Thank you. HEARING EXAMINER STRAIN: Okay. Would anybody else like to speak? (No response.) HEARING EXAMINER STRAIN: Okay. With that, we will close the public hearing on this matter,and a decision will be rendered within 30 days, so you'll all be emailed a copy of the decision. So thank you all for attending today. MR. FOLEY: Thank you. MR. AYERS: Thank you. MR. RHOADS: Thank you. HEARING EXAMINER STRAIN: ***The next item up is Petition No. BD-PL20130002460. It's Robert Barbarossa for a boat dock extension on Lely Barefoot Gardens Subdivision located within the Lely Barefoot Beach PUD. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Okay. As far as disclosures on my part, I have talked with the applicant's rep, Mr. Turley. I've discussed the issues many times with staff. I've received three or four different emails. Fred, have you provided those as part of the record? MR. REISCHL: Yes. I supplied those to Terri. HEARING EXAMINER STRAIN: Okay. And I've reviewed the files for the Lely area and this particular location. As far as exhibits go, Exhibit A will be the staff report, and Exhibit B will be the legal ad. Are there any members of the public here to discuss/interested in this item? (No response.) HEARING EXAMINER STRAIN: Okay. Mr. Turley, I've read the entire staff report. Are there any items that you --anything you'd like to add to the record? MR. TURLEY: It's pretty cut and dry what we want to do,to tell you the truth. HEARING EXAMINER STRAIN: Okay. And the boat dock extension that you previously had Page 7 of 12 April 9, 2015 HEX Meeting was arranged in this layout so the boat had to come in from the side. What you've actually done is provided a method for the boat to come in straight on from the waterway. MR. TURLEY: That's correct. HEARING EXAMINER STRAIN: And the reason the extension --the dock is out further from the shoreline in this case, in both cases, has been the mangrove fringe; is that correct? MR.TURLEY: That's correct. The mangrove fringe extends out as far as 23 to 25 feet in certain areas. HEARING EXAMINER STRAIN: Okay. I've checked your boat draft. The maximum draft your boat--the boat that's being utilized there or for the boat that is allowed to be there if three feet. You're in conformity with that, so at this point I don't have any other questions. There were some conditions on the original dock extension for the previous location of the dock, which is that location there. I'll review those with you real quick. The first one was a condition of permitting with the U.S. Army Corps of Engineers and the DEP.That is something that is outside the purview of the county at this point, so that condition really isn't applicable in this particular case. You've got to do what you've got to do with those agencies, and the county's got to do its permitting. MR. TURLEY: It should be issued within a week. HEARING EXAMINER STRAIN: Well,the other conditions were that you had to have the reflectors and house numbers. MR.TURLEY: Yes. HEARING EXAMINER STRAIN: That condition will remain; at least one manatee area sign. That condition will remain; and that all the prohibited exotic species will be removed on that. MR.TURLEY: Exactly. HEARING EXAMINER STRAIN: So I will add those three conditions back into whatever decision comes out of this office. MR. TURLEY: Sounds good to me. HEARING EXAMINER STRAIN: Okay. With that, I don't have any other questions, Mr.Turley. I'm going to ask staff for their report and check again to see if there's any members of the public that want to discuss anything. Fred? MR. REISCHL: Fred Reischl. Besides the letters that I submitted to you, I had a neighbor walk in yesterday afternoon, and he had heard that there was going to be a 52-foot boat moored here. I told him that there wouldn't. And I showed him the graphics that Mr.Turley supplied, and he had no issues when he left. HEARING EXAMINER STRAIN: Okay. Thank you, Mr. Reischl. By the way, on this overhead map,the letters of objection, I believe, came from mostly this area here, if I'm not mistaken. MR. TURLEY: Yeah,that's correct. HEARING EXAMINER STRAIN: And I did check the distance that's approximately to the nearest one, which would be the No. 4. That's about 396 feet or something to that regard. So I just wanted to make that noted. And with that, I don't have any other questions. Mr.Turley,thank you. A member of the public is going to speak,and if there's a need for rebuttal,I'll call you back up. MR.TURLEY: Thank you very much. HEARING EXAMINER STRAIN: Thank you. Any members of the public wish to speak? Sir,come on up and please state your name for the record. (The speaker was duly sworn and indicated in the affirmative.) MR. BARBAROSSA: My name is Bob Barbarossa. HEARING EXAMINER STRAIN: Oh, sir. You've got to walk up. I'm sorry these mikes--thank you. MR. BARBAROSSA: My name is Bob Barbarossa,and I'm the one that's requesting the dock Page 8 of 12 April 9, 2015 HEX Meeting extension. The only thing I wanted to just offer, I think what started a couple letters that you-all maybe received--I read a couple. I think there was a misinterpretation of the sign that was out in our front. And the reason I say that is about the middle of last week,the gentleman, Mr. Gilchrist, who wrote one of the letters, came over to my house and introduced himself,and the very first thing that he said was his wife was concerned that she could walk across the way on our dock. And I said,well, why would you think that? And he says, well,you're moving your dock,your existing dock, out 36 feet farther into the bay. And I said no,that's not what we're proposing to do. But that's the way he interpreted it,the sign. So I took him out to our dock, and we spent about a half an hour and paced off our docks and the neighbor's dock just to the south of us,which is very much like the one we're proposing to build. And the one thing that he did notice is that the way the land and the mangroves go to the north from our neighbor's southerly dock, it actually comes in maybe four or five feet. And I thought he was pretty much satisfied --but he understood what we were proposing to do, but then he mentioned when he was leaving-- I said, are you --whether you approve of this or not, do you understand what it is that we're actually going to be doing? And he said he did, but he said his wife was still concerned about it. And then when he was leaving, he mentioned,you're going to get some more objections. And I just simply asked why he thought that. And we'd had a neighborhood bocce ball tournament a week ago Sunday, and he said he'd talked to some of the neighbors about his concerns with what we were doing. So I just wanted to throw that out,that I did spend some time with the gentleman that you mentioned across the way. And I think if nothing else,at least he did understand what we were proposing doing when he left, so... HEARING EXAMINER STRAIN: Thank you very much. And I find that communications sometimes with people who are objecting help clarify a lot of issues. And Mr. Reischl had a similar conversation with a neighbor, and after he finished explaining it,the neighbor was not so concerned. The mere fact that nobody is here in objection to it may lend some support that they just need some clarification. Their distance from your dock certainly is much greater than what most people are concerned about from that distance away. So I appreciate your clarification in trying to explain to Mr. Gilchrist what's going on with your extension. Thank you. MR. BARBAROSSA: I appreciate your efforts. Thank you. HEARING EXAMINER STRAIN: Thank you, sir. Anybody else, members of the public, like to speak on this matter? (No response.) HEARING EXAMINER STRAIN: Okay. Hearing none, we'll close the public hearing on that matter,and a decision will be rendered within 30 days. Thank you. Before we continue, I'm going to bend those mikes down because they're not getting picked up. I just noticed everybody was just about a couple inches too far back from those microphones. We're having trouble. They're brand new,and they're just not picking up like they're supposed to. We'll get through it,though. ***The next item up on the agenda is Item 9D(sic). It's Petition No. PDI-PL2014000261 1. It's for My Other Place, LLC, which is at the North Naples Research and Technology Park Planned Unit Development. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Thank you. Okay. As far as my disclosures, I have talked with staff, I have reviewed all the files,and I spoke with a lady this morning who is one of the neighbors to the project. Exhibit A will be the staff report. Exhibit B will be the legal ad. Page 9 of 12 April 9, 2015 HEX Meeting With that,are there any members of the public here who would --to address this issue? I know the one lady is, so I'll ask that the applicant make a brief presentation. You'll need to come to the microphone, identify yourself for the record, if you could. MR. DARBY: Good morning. HEARING EXAMINER STRAIN: Good morning. MR. DARBY: Are we getting it now? HEARING EXAMINER STRAIN: All that work to lower those. MR. DARBY: I'll move them back down when I leave. My name is Steve Darby, for the record. I'm with Darby Engineering, here for the petitioner. What we're proposing in this PDI is--the workforce housing was assigned back in 2004 from Lots, what is now, 13 and 14,to Lot 1. We are proposing to move that workforce housing element from Lot 1 to the same ownership of Lot 7. The workforce housing current allowable in the code at the time of the PUD was 12. It is increased in the current code to 15, my understanding, so that was the increase that we're doing for the allowable. HEARING EXAMINER STRAIN: Well,actually it's increasing--the code allows you to request up to 16. MR. DARBY: Or 16; excuse me. HEARING EXAMINER STRAIN: And your PUD is allowing you only to go to 12. MR. DARBY: Correct. And so we're accepting the increase and the allowable. HEARING EXAMINER STRAIN: Right. It's just a-- it's more of a text clarification to a change in the code,which will bring us into the PUD corrections that have been filed and are in error. We're going to go over those errors in a few minutes. They won't affect you negatively at all. I just want to make sure they're accurate. MR. DARBY: Sure, okay. HEARING EXAMINER STRAIN: Anything else? MR. DARBY: That's all I've got. That's pretty much the gist of what we're trying to do. HEARING EXAMINER STRAIN: And the lake that's in the back,there is a lady here who was concerned about that in the preserve area. And from my records,you're not touching any of that area;that's not changing at all. MR. ADDISON: No, sir. No Water Management District, any easements or anything is changing. HEARING EXAMINER STRAIN: Okay. Thank you very much. With that--that's all there is too it for now. I'll have some questions. My questions are more of staff. If I have any of you, I'll ask you to come back and address them. MR. DARBY: Thank you. HEARING EXAMINER STRAIN: And, Fred, I know you may have a staff report. So you want to tell me that,and then I've got to go over some corrections that I think are needed in the document. MR. REISCHL: Thank you. Fred Reischl,zoning division. I received three phone calls,and all of them were concerned --they were from residents of Sterling Oaks,and they were all concerned with the lake and the preserve being altered. I told the people that this was a change to Lot 7 and the stormwater pond,and the preserve would not change. And,as we said,one person showed up. The other two seemed to be satisfied. HEARING EXAMINER STRAIN: Excellent. And, Fred, last night I was going over an email that David Weeks had sent to you,and I got copied on it. And after I read it, I went back and checked some of the PUD changes, and they're not consistent with David's email. And I'll walk you through those, but I want to read his email for the record. It's from David Weeks dated March 24th. He's telling you that the eligible density increases due to a 2013 change in the Future Land Use Elements' Density Rating System Statement of Compliance No. 4 and 5. Now,that's in the beginning part of the PUD. But the requested density does not change. It remains at 12 DUs. MR. REISCHL: Correct. HEARING EXAMINER STRAIN: That's Section 3.2 and 7.8(A). Well, both of those are struck through--the 12 is struck through and 16 is written in. Those two shouldn't have changed.They should be the Page 10 of 12 April 9, 2015 HEX Meeting same. They should be 12. MR. REISCHL: They should be 12. HEARING EXAMINER STRAIN: Right. So I'll show you those,and I'll talk about those,and we'll address those in a minute, but I want to make sure that we don't change those as was in--that's in the documents that were published. MR. REISCHL: No,that's correct. This change--the change in eligible density was because of the removal of the traffic congestion area, and so that changed the eligible density, but it didn't change the request. HEARING EXAMINER STRAIN: Right. They're still limited to exactly what they had originally. MR. REISCHL: Correct. HEARING EXAMINER STRAIN: That has not changed. MR. REISCHL: Correct. HEARING EXAMINER STRAIN: So we need to go back and change 3.2 back to the position where it was before the strikethrough. In the workforce housing section that is in the staff report, it says 7.4,workforce housing,then it changes from 12 to 16. It really should read 7.8,workforce housing. And the 12 should remain and the 16 strikethrough -- 16 should not be there. The section in the PUD that is workforce housing is 7.8, not 7.4. I don't have it on the overhead. If you look in your staff report--and it's on Page --well, it's the strikethrough section of the staff report where you've got your changes to the PUD. MR. REISCHL: Do you know which PUD section? HEARING EXAMINER STRAIN: Well, if you--after Page 10 of 10 in the staff report, so it would be Page 11. You stated the sections of the PUD that we're changing. You started out with Section 1, statement of compliance. That went on for three pages,and that's fine. Then you got into the fourth page, which is Section 3.2, project description. MR. REISCHL: Okay. HEARING EXAMINER STRAIN: And there it says 12 changes to 16. That's one that we cannot change. And then the next page is titled Section 7.4, workforce housing. But in the ordinance, PUD ordinance,workforce housing is in Section 7.8. So I think the 7.4 needs to change to 7.8. And then the first paragraph says,the developer shall provide up to,then it strikes 12 and replaces it with 16. That should go back to 12; is that-- MR. REISCHL: I appreciate that. Both David and I read this through,so I appreciate you catching that. HEARING EXAMINER STRAIN: Well, I just wanted to make sure that my catch was right. And if you're in agreement,that's fine. We'll get this cleaned up for the final draft and the decision. MR. REISCHL: Right, because that says "shall provide," and that's not eligible. That's hard and fast,yes. HEARING EXAMINER STRAIN: And David's email specifically spoke to 7.8 and 3.2. So with that, I have no other questions of staff. I don't have any other questions of the applicant. Is there any members of the public that would like to speak on this particular project? Ma'am? MS. PEJKO: While I'm here. HEARING EXAMINER STRAIN: Come on up to the microphone, and please state your name for the record. (The speaker was duly sworn and indicated in the affirmative.) MS. PEJKO: I just want to thank everybody that's listened to me so far. I live in this area,and I bought the land about 20 years ago. And I look out at this little section of pond, and I enjoy it very much. I have the nature, and I have everything that Naples has to offer. What I didn't want to see happen was anything happen to the water,the pond that I look at, because it would change just the way I feel about Naples. Naples is kind of a community where it's small enough to be enjoyed and not too large to be a large development or a large city or an industrial area. And what I don't want is to see an industrial-like look. I don't mind if they do things that are environmental friendly, have grass and trees and everything so Page 1 1 of 12 April 9, 2015 HEX Meeting that the natural flora and fauna can dwell there. I like looking out and seeing the deer and the birds and everything like that. And,of course, I'm an old lady, so I would like to see that stay around for as long as I live at least. So I appreciate the opportunity to speak to you and tell you what I would like to see happen in that area. And I thank you for listening to me: HEARING EXAMINER STRAIN: Thank you for your time, ma'am. And I think a lot of us might share your concerns. And this young lady needs you to spell your name. THE COURT REPORTER: Your name? MS. PEJKO: Irene A. Pejko, P-e-j-k-o. THE COURT REPORTER: Thank you. HEARING EXAMINER STRAIN: Thank you very much. Is there anybody else that would like to speak on this matter? (No response.) HEARING EXAMINER STRAIN: If not, we will close the public hearing, and a decision will be rendered within 30 days. So thank you all for your attendance. We have no other business. There are no other members of the public here to speak. And with that, this meeting is adjourned. Thank you all. ********************* There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:39 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN, HEARING EXAMINER ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Hearing Examiner on , as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC Page 12 of 12 April 23, 2015 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples, Florida April 23, 2015 LET IT BE REMEMBERED, that the Collier County Hearing Examiner, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive, Room 609/610, Naples, Florida, with the following people present: HEARING EXAMINER MARK STRAIN Also Present: Heidi Ashton-Cicko, Managing Assistant County Attorney Ray Bellows,Zoning Manager Page 1 of 7 April 23, 2015 HEX Meeting EXHIBITS : EXHIBITS DESCRIPTION PAGE ZVL(CUD)-PL20150000328 A- Staff Report 8 13 - Legal Advertisement 8 PROCEEDINGS: HEARING EXAMINER STRAIN: Good morning,everyone. Welcome to the Thursday, April 23rd meeting of the Collier County Hearing Examiner's Office. If everybody will please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) HEARING EXAMINER STRAIN: Okay. A couple of housekeeping matters. Individual speakers will be limited to five minutes unless otherwise waived. All decisions are final unless appealed to the Board of County Commissioners, and a decision will be distributed within 30 days. In review of the agenda, I believe most everybody is here over the first item on the agenda,which is Petition No. BD-PL20140002207, and it's the Real Estate Technology Corporation of Naples Dockside Residential Planned Unit Development. That particular item was scheduled for last week and continued to this week. I don't know how many of you are-- I think everybody is here for that one. Many of you live in the area. A couple of weeks ago you may have seen a fellow with a long,white beard out in the water in front of this property trying to check the depths and making sure it was consistent with some documentation we'd received. That was me. As a result of that review and input at the last meeting from other residents in the area and letters that I have received,this particular issue is considered controversial, and it's raised to a higher level of public concern. I moved it to the Collier County Planning Commission's agenda. So I am -- it will not be heard here today, but it will be heard at some future date at the Collier County Planning Commission. And that's a broader public review,and depending on the outcome of that particular meeting, it may be heard by the Board of County Commissioners. Now,you-all will be notified, or there will be the required advertising. And I'll ask Ray--Ray's our zoning director. He can explain the advertising that's going to reoccur so you'll be aware of the new dates. And, Ray, would you mind. MR. BELLOWS: For the record, Ray Bellows. The required advertising for these types of land use petitions involve a newspaper notice, and that's typically in the Naples Daily News. We also send out property notification letters. Some of you may have received them, and my understanding is some of you may not. There is a distance requirement from the property,that property owners who are listed in the property appraiser's list of owners will get notified if you're within 500 feet of the property. If you're greater than 500 feet away, you're not going to get a written letter. There will also be a sign placed on the property notifying of the current--or the proposed new hearing date once it's set. I talked to Mr. Reischl, who's the head planner for this project. He has not told me he has a new date yet. So as soon as it's set, we will let you know. And if you want,you could --after the meeting--and it shouldn't be much longer-- I will be glad to take your name and phone number and call you back with that information. HEARING EXAMINER STRAIN: Okay. At this meeting today,there is one other case scheduled, which we will move into. It would be more beneficial for you-all to show up at the Planning Commission Page 2 of 7 April 23, 2015 HEX Meeting meeting when it does get scheduled and express your concerns to the Planning Commission. That would be very important. Today's efforts to express any concerns here wouldn't be available to them. So you'd be better off just holding your comments to that particular meeting; however, it's important that if you want to have-- be separately contacted,you provide Ray--we'll be finished with this meeting in five or 10 minutes with the one case that remains. It's a small case,and we should be over with it rather quickly. Then, if you could just hang on for a minute, Ray can get your addresses and contact information,and we can make sure you're aware of when the next meeting will be held. This is actually a better way to go. The other meeting will be televised. It will be in front of a board of six or seven people. You'll have ample opportunity to express yourselves, and it will be good for the neighborhood to be able to have that opportunity. So with that, I'm going to move to the rest of the agenda before I get back to public comment. MR. BELLOWS: Mr. Strain,just one question. There was one person who did request to speak. Should that be part of the public comment? HEARING EXAMINER STRAIN: Yes. We'll move everything to public comment. Again, if you do speak on that particular issue, it's not--we're not going to be hearing it today. You're more than welcome to speak. We have a public comment section for that, but it may not be as productive as if you wait for the Planning Commission meeting. So with that, we'll move into the next agenda item, which is approval of the prior meeting minutes. I've reviewed those. They're okay to be recorded as submitted. And then the advertised public hearings. 4A was the boat dock, Dockside Residential Planned Unit Development,which I just acknowledged will be moved to the Planning Commission and will not be discussed on this agenda for that agenda item. ***4B is Petition No. ZVL(CUD)-PL20150000328. It's the Livingston and Pine Ridge, LLC,the Baldridge PUD, for a comparable/compatible analysis. All those wishing to testify on behalf of that item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Okay. Exhibit A for this item will be the staff report. Exhibit B will be the legal description. For disclosure, I have none. I've read the full Planning Commission -- I mean, staff report. There's nothing in the staff report that required additional research on my behalf. So the only question I have at this point is if the applicant would mind coming to the mike, and could you state your name for the record. MS. GARRETT: Good morning. My name is Callhan Garrett. I'm an attorney with Forsyth& Brugger. HEARING EXAMINER STRAIN: Okay. I have read the entire staff report. I don't have any questions. I wanted to know if you had anything else you'd like to add to the record. MS.GARRETT: No. I read it over,and I read in your findings that dental office was also approved, so that's the only thing I'd like to add that we didn't have in our correspondence with you. MR. BRUGGER: Establish the course of CRS. HEARING EXAMINER STRAIN: I'm sorry. The-- MS.GARRETT: Oh,and we were asked to read into the record,the applicant is Livingston and Pine Ridge, LLC;the manager of that is CRS Management, LLC; and John Brugger, Esquire, is the special officer of CRC(sic)Management. HEARING EXAMINER STRAIN: Okay. And you were asking to have a comparable/compatible analysis verified for 8041, which is a chiropractic clinic and office. MS. GARRETT: Yes, sir. HEARING EXAMINER STRAIN: What was your point concerning the dental office? MS. GARRETT: We read in your report that a dental office was also approved under that, and we didn't have that in our correspondence with you. So that's the only thing I wanted to highlight on my end. HEARING EXAMINER STRAIN: Okay. It's in the staff report, so it will be part of the record. Page 3 of 7 April 23, 2015 HEX Meeting MS. GARRETT: Right. HEARING EXAMINER STRAIN: It was a prior zoning verification analysis, from my understanding. MR. BELLOWS: That's correct. HEARING EXAMINER STRAIN: Okay. You just wanted to acknowledge that you'd seen that as well? MS. GARRETT: Yes. HEARING EXAMINER STRAIN: That's fine. I have no other questions. If you have nothing else to add to the record, I don't need a formal presentation since I did read the entire report. And there's no public speakers, so I believe we're good to go at this point. MS. GARRETT: Great. Thank you. HEARING EXAMINER STRAIN: Thank you. With that, is there a staff report? MR. BELLOWS: No staff report other than that we are recommending approval. HEARING EXAMINER STRAIN: Okay. I have no other conditions or questions. With that, we will be notifying you within 30 days, probably within a week,the outcome of this meeting. Thank you. MR. BRUGGER: Thank you. MS. GARRETT: Thank you. HEARING EXAMINER STRAIN: Now, with that, we have other business, of which there is none, but there are--there is an option for public comments. Again, if you wish to comment about the Dockside residential here at this meeting,that's fine,but I'm not the one that's going to be hearing it now. It's going to be the Planning Commission. So I'll entertain any comments you want to make while you're here, because this is public comments. And if you want to wait until I adjourn the meeting,then Ray can start collecting your names and numbers,and we can make sure you're notified of the future meeting. So does anybody wish to comment at this time?Yes, sir. Is there--come on up and state your name for the record. MR. HUFF: Good morning. HEARING EXAMINER STRAIN: Good morning. Yeah, hopefully they'll pick your voice up. You have to be a little bit close to them. There you go. MR. HUFF: There we go. My name is David Huff. I'm current president of Riverwood Estates HOA. I sent a letter in on April 7th,which was received by the head planner,and I had an email confirmation of that. And a couple days later I got a confirmation--or an email that said the meeting from the original date was changed to this date and a suggestion that I pass the word. And I thought, is it my responsibility to pass the word? I don't even know who got letters. So we did pass the word to as many people as we could. But the legal requirement, evidently, is 500 feet; is that-- HEARING EXAMINER STRAIN: Ray,the legal requirement on this one is 500 feet? MR. HUFF: That's how people got a notification? Five hundred feet from the site,that was supposedly the legal requirement for notification? MR. BELLOWS: This hearing today? HEARING EXAMINER STRAIN: For the Dockside residential. MR. HUFF: For the Dockside project. HEARING EXAMINER STRAIN: For the boat dock extension for Dockside, was it a 500-foot notification? MR. BELLOWS: I'm not the planner for the file, but it should have been. MR. HUFF: Okay. Well, I'm just-- I'm going to suggest one thing. When you're working on a waterway,everybody has an interest in that that's on the waterway and people that have access to that waterway with a private dock, so I don't think that was adequate amount of notification. MR. BELLOWS: And I understand your concern, and that's why the county has three forms of advertising as well,and one is the newspaper ad. The other is the sign on the property that is on the waterway Page 4 of 7 April 23, 2015 HEX Meeting side so people boating past can see it as well. MR. HUFF: Okay. When the petitioner requested the zoning change, I think, about 2013 --I'm not quite sure the exact date--a number of these folks and myself were at one of the hearings. There were a lot of questions, but I don't-- I'm not aware of anybody that objected to that. I think the zoning to PUD is probably beneficial to the county. It's beneficial to our area. And that's fine, but I have not had one person in our development tell me they think this dock extension to 30 feet is a good idea, not one. They think it's going to be a navigation hazard. Now, I've read some of the material from the case,and I don't agree with it. And I just want to state for the record a couple things. Number 1,they're talking about a 2.77-foot water depth at this dock location and the 2-foot draft boats that they're going to put in there. Anybody who's been down Henderson Creek into Rookery Bay knows at mean low water you cannot run a 2-foot draft boat. So I think there's a spoof there somewhere. If you did it once,you won't do it again, because you're going to be hung up on an oyster bar or rocks or sandbar. So for the petitioner to say we want to put 2-foot draft boats in there and we need water deeper than 2.77 feet at mean depth is a spoof. I've done it. My draft--my boat's about 1.5 feet, and I got stuck, so I know it can't be done. You only do it once, because it's a difficulty coming out of there. So I think for them to ask for a dock extension because the water's too shallow,No. 1,they should be looking at boat lifts if they're going to put their boats in the water,and they can't get out of there until you get mid to high tide anyway. So for them to say we need this extension because the water's too low--or at 20 feet is--it's BS. So I want to make that point. And another thing, I guess I would ask the question,what would prevent the next property owner from asking for the same consideration to go out an extra 10 feet? Pretty soon you've got a channel that goes like this,you know, if those get approved. I don't know what the criteria for approval or not approval is other than those five points on the criteria that you had in your--that was in the documents that I saw. And, lastly, I think if this is going to be rescheduled for the Planning Commission-- HEARING EXAMINER STRAIN: Yes, sir. MR. HUFF: -- it should be scheduled when the homeowners are here,and that's probably now going to be late October,early November. Now,that delays things, I understand that,but delays,delays,delays. To do it now-- I think of the people that are here,there's more than 50 percent of them are seasonal, including myself. And to put this hearing in late May or June or whatever,it's going to limit a lot of people's opportunity to comment on this, so I would just ask for that consideration. HEARING EXAMINER STRAIN: I appreciate your comments, and I --you may remember when this Dockside came through for its PUD with the Planning Commission, I was chairman. I'm still chairman. MR. HUFF: Okay. HEARING EXAMINER STRAIN: So I'm familiar with the case. MR. HUFF: Okay. HEARING EXAMINER STRAIN: I will not be standing in on this one when it goes before the Planning Commission because of my position here. So this one the Planning Commission will hear on their own. It's important that if you can't be there that you send the planner, Fred Reischl, an email or something, some indication or a phone call letting him know your position on this so that he can express that to the Planning Commission. Those documents carry weight with the Planning Commission;they carry weight with me;they carry weight with everybody. Now, if the Planning Commission --when the Planning Commission hears it, no matter what way it goes, if it's for the applicant or against, it can be appealed to the Board of County Commissioners. If it's against the applicant,they can appeal it. If it's for the applicant and you disagree with it,you can appeal it. So the Board of County Commissioners,then,gets to hear it. Under that scenario, it's hard to keep it in a time frame that's around when everybody may be here. It just happens to work out as the time frames Page 5 of 7 April 23, 2015 HEX Meeting allow. If it were to be appealed before the Board of County Commissioners this late in the year,they probably couldn't hear it until September or October anyway because they're on vacation during the summer. But that's the process that this is going into. Your letter was important in part of my decision making to move this to the Planning Commission. Because of your letter and the representation that you put forth for the broad number of people, it certainly elevated this to a higher level of concern. Getting the people to attend this meeting and getting as many bits of information,whether it be email, phone calls or whatever,and attendance at the Planning Commission meeting would be equally important. So I certainly appreciate it,and I hope that you are able to convince the Planning Commission to make the right decision. MR. HUFF: Oh, I'll put these comments in a letter again if I'm not able to make that meeting if it's--because I won't be back till towards the end of October. So if it's earlier than that,then I'll be sending them in. HEARING EXAMINER STRAIN: Well, and I'm sure staff will express to the Planning Commission that at this continuation meeting here a great number of people showed up. And if you'll stay and provide your email addresses,that will just confirm that all of you did show up here today, so that would carry some weight. MR. HUFF: Everybody can do that before we leave. HEARING EXAMINER STRAIN: We appreciate it, sir. MR. HUFF: Thank you. HEARING EXAMINER STRAIN: And sorry for the confusion in continuing it, but it was actually the better thing to do in regards to the amount of people concerned about this. MR. HUFF: Okay. Thank you. HEARING EXAMINER STRAIN: Thank you very much. Does anybody else want to speak on this issue at this time? (No response.) HEARING EXAMINER STRAIN: Okay. With that,there are no other issues for today's agenda,so this meeting is adjourned. Thank you, all. ********************* There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:18 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN, HEARING EXAMINER ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Hearing Examiner on , as presented or as corrected Page 6 of 7 April 23, 2015 HEX Meeting TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC Page 7 of 7 AGENDA ITEM 4-A Co �.er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 14,2015 SUBJECT: PETITION VA-PL20140001721,BELAIRE COURT VARIANCE PROPERTY OWNER/AGENT: OWNER: AGENT: Belaire Development, LLC Brian Haag 12077 Honeysuckle Road Windward Construction,LLC Fort Myers,FL 33966 4818 Coronado Parkway, Suite 4 Cape Coral,FL 33904 REQUESTED ACTION: The Applicant requests a 12.8-foot variance to reduce the required rear yard setback from 20 feet to 7.2 feet to allow an existing single family home to remain as constructed. The subject lot is zoned Residential Multifamily(RMF-6). GEOGRAPHIC LOCATION: The subject property is located at 1293 Belaire Court, Lot 67 of the Gulf Harbor subdivision in Section 16, Township 48 South, Range 25 East, Collier County, Florida. (Please see Location Map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The applicant applied and was approved for a Building Permit (PRBD20130304829) for a single-family house on the subject lot. The permit was approved with the rear setback measured from the rear property line. In the case of the subject lot,the property line extends into the water; the setback should have been measured from the more restrictive Mean High Water Line (MHWL). The error was discovered upon submittal of the spot-survey and the Applicant was advised to apply for a variance. Section 4.02.01 Table 2.1 of the Land Development Code (LDC) requires a 20-foot rear yard in the RMF-6 district. Ordinance 91-102 (LDC) required a waterfront setback to be measured from the most restrictive of the property line or MHWL. Ordinance 04-41 (Recodified LDC) did not contain the "most restrictive" language. However, since the recodification was not authorized to make substantive changes,the language is still deemed applicable. VA-PL20140001721,BELAIRE COURT VARIANCE MAY 14,2015 Page 1 of 7 42, C. ]IM 31µe3) Li 1 I ® P(ic 30211230 C2) 'SIi - - - .e I° p e 1 e telt e 1 PAA 1VNV3 aw+o _ 11.161111 577 a,, papa, Asy atm rim {Q t'AL7 57T RRe Ap fp■ 4R Q 5.1..7 St:1A7 4.� re L'7 MI 1L "mr""rat in 5,,�7 R'1::..Tt�te1,t,l,1,ted.R7/11Q I# E X1:,7.1517 o O' !."--423--rpAp p spA. . < O IS1e7`E17I a, M. M two WI= 51:7 W 11 1 i.OAap R L.L7 4f71 R `^ Sa.7 sly ► 0 d S.l7 X1,7 R c x N, Siel W.1:1111 I f9 liar / Z � 0I - .14.14.1.1.1.1.4' _, wwwrl IgO V MEIEEN 1C7dn1147 1 N I Z � l s3i r li oi IIL t mtl 8 � ' n a 1 c "" 8 CA aqa - Rt 1 o • k, cn _.:::: I ! „„,,Ns ur' d 1 rs i t / P5 o N J 0. 31KIe 02100 Q 4WY Nn13,re1.'t, i11 n) _ILr 11--4-__ P--10 iii 14 if g l 01 `yy. !7 y 00 j� Mit ll ~ g '� Iii _ E k . CIL SY� ff13�0�V' R ' . - '' a �� I 11 " ;kC lip nkf6 ,1� it ' II ;i / g b>. _.- : \ - 1 O w�T F • III ri 1 1 " ' I_ „�.'� f Q ' ' h- Ih; I l . , _ ir,,11 I j 1 :Fink-J.1; tr+1 777A '40 1 s o'er " lig f -`111- .`'�, as i 98 1 GULF OF MEXICO i The Building Permit was approved with the rear setback measured from the property line, not the MHWL. As shown in the survey detail below,the structure encroaches 15.8 feet into the required setback(measured from MHWL), resulting in a 4.2-foot rear yard. WOW DECK/(XXX CANAL N C OO'OO"E 60.00' IteW LINE 10' UTILITY EASEMENT edLbCK OVERHANG i, �L wooD V 1 20'REAR SETBACK LICE I11 PORCH / BM CONY 6 ` / a FROM 141-1W 7.5' 66 67 68 Survey detail As shown on the survey detail above, the portion of the balcony labeled "overhang" as well as the stairway, extend 5 feet beyond the house and both are unroofed and unenclosed. Section 4.02.01.D.7 of the LDC permits stairways and balconies, which are unroofed and unenclosed,to encroach 3 feet into the rear yard of a single family house;therefore, 3 feet of the encroachment is exempted from setback measurement by the LDC. This results in a rear yard, measured from the MHWL, of 7.2 feet. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: A single-family residence; zoned RMF-6 North: Single-family home; zoned RMF-6 East: Belaire Court ROW,across which is a single-family home;zoned RMF-6 South: Vacant lot;zoned RMF-6 West: Canal, across which is a vacant lot; zoned RMF-6 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single-family, multi-family, duplex, mobile home and mixed-use projects. As previously noted,the subject petition seeks a variance for a single-family home that is located within a single-family subdivision, which is an authorized use in this land use designation, therefore,the single-family home use is consistent with the FLUM. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. VA-PL20140001721,BELAIRE COURT VARIANCE MAY14,2015 Page3of7 4 \ ' x ,. -�1jf{ • - yQ w „„ *.' r i • • 1 4 e ., . . . ,....„ it j - i -*' ,. a f.s > a � - { Aerial(CCPA) 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? Yes. The lot has been subject to shoreline erosion since the 1955 plat. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property,which are the subject of the Variance request? Yes. The applicant relied on a Building Permit issued by Collier County. That Building Permit was issued in error. 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? VA-PL20140001721,BELAIRE COURT VARIANCE MAY14,2015 Page4of7 Yes. The applicant relied on a Building Permit issued by Collier County. That Building Permit was issued in error. 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? Yes. The house is constructed and inspected. The only item preventing the issuance of a Certificate of Occupancy(CO)is the encroachment that is the subject of this variance. 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 retain an existing house that encroaches into a required yard. However,the applicant relied on the accuracy of a Collier County Building Permit. 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 house meets the front and side required setbacks and therefore does not encroach closer to neighboring lots. The encroachment is in the rear yard which abuts a canal. 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. The rear yard of the subject site abuts a canal(platted as 50 feet in width)which tends to visually ameliorate the encroachment. * ii n r - 0. 4 .3 View to the East showing the unroofed and unenclosed balcony. VA-PL20140001721,BELAIRE COURT VARIANCE MAY 14,2015 Page 5 of 7 11 414 11 tly [ , I TIlitfi 1111 View to the West from the interior showing the unroofed and unenclosed balcony. 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. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed this staff report on April 21,2015.—SAS RECOMMENDATION: Because the Building Permit was issued in error and because the encroachment abuts a canal, Staff recommends that the Collier County Hearing Examiner approve a variance from the required 20-foot rear yard to 7.2 feet for a single family house on the subject lot. ATTACHMENTS: A—Survey B-Application VA-PL20140001721,BELAIRE COURT VARIANCE MAY 14,2015 Page 6 of 7 PREPARED BY: FRED REISCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: /tit- , 41 ! / RAYMOP V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION ._.. - -` '% Lf_.2_ i !- MIKE BOSI, AICP. DIRECTOR DATE ZONING DIVISION VA-PL20140001721,BELAIRE COURT VARIANCE MAY 14,2015 Page 7 of 7 1�mmew VA-PL20140001721 REV:3 1293 Belalr Court i WOOD DECK/DOCK-\\_ DATE. 12/09/14 CANAL DUE: 12/23/14 1.---- N 0•00'0CrE 60 00' 4 6 -.... UTLITY E,ASLmEV, A:1 i 4 ... WOOD DOCK r VERHANG*\ ,,, O11111111111111 t, 20 REAR SETBACK LINE 1°PORCH i SALL NY .4tr WARRED FROM MHW 1;2 P 77,5. 66 67 68 , ___ ,,,,- 1-1-0:6'VARIAWE 6 z inEEDED ro SAPSFY a3 C. auLam SETBACK 9 0 N3 REQUREWNT 2 STORY HOUSE #1293 , . 3 ul cx --Si '''"--z3i •- c., b, •;:n 0, t0 .0 C. 0 In Z5 o PORC-I/BAL CON? 111111 1 1111111::: _ ••• .., 75 ***"."“•"•"•`'•'" 6.1 7 Z .........:.•:, WI I La '\ FrAC103$.....:: N I ,...1 •4 I 1,Hi 2 _ • `•••••—•••• '0 N° CAP 60 00' L, ,111•111111111i S 0•00•00W 60.tXr.7.7:•1 I%"'••••••'•••. 1 f t'a , DENO-MARX\F,,,R TOP OF NAL ELEV=2.23 POWER POLE CE NAM •••••••••••• I i LT56 •••••••••••• Nlelv _cfwAY 9 FIIR1/#7075 if7D752 / ASPHAL 1' PAVEMEN' BELAIRE COURT (60') 1:5 AS-BUILT SURVEY CERTIFIED TO: LOT 67, GULF HARBOR, A SUBDIVISION ACCORDING BELAIRE DEVELOPMENT, LLC TO THE PLAT THEREOF RECORDED AT PLAT BOOK 4, PAGE 31, IN THE PUBLIC RECORDS OF COLLIER WINDWARD CONSTRUCTION COUNTY, FLORIDA REVISED 11/17/14 - SHOW 20' REAR SETBACK ENCROACHMENT !SU BASIS FOR WARM'S: BELAIRE COURT - PLAT BEARING SCALE: i 20 RVEYtom-, 4/03/14 COMA:sty r,.,,,,.., '4I'''.7 4`"ea 12021C0191 WH U mi Ke( 5/16/12 pa AE FLOM 9 14.443ER RARER MIEN TV(.•FOJND RCM KV LEGEI4O +00 -EXISTIC 11EVATER TIC&PIET A W:ERY GERTF19)ozwifraT to Pe= FCU)RON PFE . .UT1JTY RSER THE DETT Cf WY KNENSLEME AI)fell DIS FE*,.FOUND ORD-FELE Whet 6 MIT A CERIT1CATON Cf nr,x.ECIMU FCIA.FOLD COhDIETE SIONJAENT III .UTIJTY POLE OR fIREYDOA FROM EPCJidERANCES 5R.MI R1.OO vg:sigroirm Pt.c=Kauc UTLITY 4)-FW HYORANT NO LKERCNCLIND snitcTuREs HAVE BEEN RJ&II.Ftar UTILITY& LOCATED Ere MS SLRVEY,ANY REFRENCE TO EkTAMC4 EASEAOR Di.LATH RASH LSGERCRCUN)STRUCTURES f ANY 5 SI,W.%..7 NA&&_itjYL%1.4tkPOTh N.PROYMATE FERKAPENT' .',.:a MCNJAENT (P)-PLAT FN&O.FOUND NAL&DS( (F)-FELD U,LESS OTHLYMISE SkiCAVN Ass TEO WASAICO x -PINT Cr DEOpMC (D)- ED xccrow MO MI ANDES ME Pi$.116-ONTIAL ft CCK-FRCE CO1TER AOCOOL0r V4011 TK.CARLCOONS&DSTANCLS CC COMmCONCRETE (C)..LTWPCITFD Warr,TCR TrE FARM.5aNET1. *-NOT FELD WEASURED —sr.-- -ME FENCE i4 A 4 02 14 1.14E-LME AAP EAM)ENTMS 5LRVEY/MY NOT DE USED BY OTHER 11144 CE:DRAINKX EASESENT --1:— .w000 MCC TIE CERTM)It)PARTIES NOT VALD WiTtsZvl C.E.LA .. 0701,CAO:NO 40.10 NAVDMA)RIII MERCAN YWCA_TIE SONATUPE MD-FE ORION&RA SEAL CF -ER- INS C DAVIS,MAI 5544 LUTUM if SW _11-E FLORDA LCO,LSED SURVEYCR MO MAPPER. Ell/2075 DAVIS 4536 SE 16th PLACE SUTE 3 -re'MAUL ell:, SURVEYING INC. WWWDAVISLANDSURVEYS.COM CAPE CORAL,FLORIDA 33904 TEL(239)549-6454 FAX(239)549-2546 CONT ACTGOAV1SLANDSURVEYS.COM 13-0126 • ,,b.....„,,,..,....e......Sunnetylny hafir.":113-41gtik.A1 Ord-flirt/2014-0447 M.- i 4r90/0140/Court7REV: D1v2AA9T3-:B:L2e12°41i/121 0 w000 oEcK/DOcK-\., \ CANAL DUE: 12/23/14 N 0•0000"E 1 60,00' ... 4 ‘ F:757 i b) 444144 UNE-\ •••10' UILITY EASEMENT ' ad E-"*"" — — –.7..._.......=-,• _=-....., .....– ,,..7:4; ,.......... ,„ lk OVERHANG **"'"•=44 I001111 FEAR SETBACK UNE iki:1 4) PORCH / BALCONY 0 mT. Cr): "/../ MFASLRED FROM AAHW ..... , I 1... , 66 67 68 10.8, VARIANCE-- — 8_ z NEEDED TO SATIS7Y ow a 5triLDAG SETBACK t4: T..) FEOLOENT 2 S7 ORY HOUSE 412S5 ‘1 ca 01 . 10 .ca Zri n+ b cr 75' R PORCH/BALCONY I 0011 ........ ........ ..., 7,T , Lai .............v .1.12 b , '%%7?•'•*•' IN . 1.4 ........,....* h-............ Z , SR 11::1' !..*.."..r...."...".... FIR 5/8" T... . '•'"'" ONO CAPao.ovId s 0-ocrocrw A9..q9.,••."."..\74 b ............74 b' . BENChVARK ""..""•‘•i ..0.04,•••••44,11„ ad441.4114000, t. .9 • 4111000.,0.64.• .--) TOP OF NAL 1 EtEV=2.23' Vww910.00,1,060 I el POWER POLE w060.01$11,11..ma NAV() ..n.,.....„,, i y•••.1,1•••",•11 LT56 414s.0.441a....O0 1 ' ..411,,o.0.0sme-04v , * ...m., .-....". ........ --9 CENTERLiNE gGIIT–OF–WAr „,9 FIR 1/2 / #7075 q4 ASPHALT PAVEMENT k BELAIRE COURT (60') lv ) • Page 1 of %.uiiuer %. MU-1[y rruperty NWWrdISM- Property Summary Parcel No. 48072521003 Site Adr. 1293 BELAIR CT Name/Address BELAIRE DEVELOPMENT LLC 12077 HONEYSUCKLE RD City FORT MYERS State FL Zip 33966 Map No. Strap No. Section Township Range Acres *Estimated 3A16 391000 673A16 16 48 25 0.15 Legal GULF HARBOR LOT 67 Millage Area • 143 Millage Rates• *Calculations Sub./Condo 391000 - GULF HARBOR School Other Total Use Code • 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 $ 185,328 11/12/12 4861-6666 $ 100 (+) Improved Value $ 0 06/08/12 4806-2563 $ 0 (_) Market Value $ 185,328 06/08/12 4806-2562 $ 195,000 03/01/12 4770-3078 $ 145,000 (=) Assessed Value $ 185,328 11/09/10 4622-1462 $ 100 (=) School Taxable Value $ 185,328 07/05/05 3836-308 $ 540,000 (_) Taxable Value $ 185,328 10/29/97 2358-2977 $ 90,000 If all Values shown above equal 0 this parcel was created after the Final 09/19/97 2348-705 $ 60,000 Tax Roll 07/01/88 1362-832 $ 38,800 ftp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=48... 4/21/201 Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF S'T'ATE 41113AA DIN !SION (11 Ct1RPCR1I !O\ ren r Detail by Entity Name Florida Limited Liability Company BELAIRE DEVELOPMENT LLC Filing Information Document Number L12000141049 FEI/EIN Number 46-1370916 Date Filed 11/07/2012 State FL Status ACTIVE Principal Address 4301 SANDS BLVD CAPE CORAL, FL 33914 Mailing Address 4301 SANDS BLVD CAPE CORAL, FL 33914 Registered Agent Name & Address KEREN, AYAL 4301 SANDS BLVD CAPE CORAL, FL 33914 Authorized Person(s) Detail Name&Address Title MGRM CAPPARIS PROPERTIES LLC 4301 SANDS BLVD CAPE CORAL, FL 33914 Title Manager KEREN, AYAL 4301 SANDS BLVD CAPE CORAL, FL 33914 Annual Reports Report Year Filed Date http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 4/20/2015 Detail by Entity Name Page 2 of 2 2013 01/26/2013 2014 02/09/2014 Document Images 02/09/2014--ANNUAL REPORT View image in PDF format 01/26/2013—ANNUAL REPORT View image in PDF format 11/07/2012— Florida Limited Liability View image in PDF format Coovriaht©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 4/20/2015 Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE Divisioti° or CORPOR:1lI0\5 ,uii4i e �.._ . Detail by Entity Name Florida Limited Liability Company CAPPARIS PROPERTIES LLC Filing Information Document Number L08000036516 FEI/EIN Number 262380336 Date Filed 04/10/2008 State FL Status ACTIVE Principal Address 4301 SANDS BLVD CAPE CORAL, FL 33914 Changed: 04/20/2011 Mailing Address 4301 SANDS BLVD CAPE CORAL, FL 33914 Changed: 04/20/2011 Registered Agent Name & Address keren, ayal 4301 SANDS BLVD CAPE CORAL, FL 33914 Name Changed: 03/30/2013 Address Changed: 03/30/2013 Authorized Person(s) Detail Name&Address Title MGRM KEREN, AYAL 4301 SANDS BLVD. CAPE CORAL, FL 33914 Title MGRM http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 4/20/2015 Detail by Entity Name Page 2 of 2 KEREN, GUY 4301 SANDS BLVD. CAPE CORAL, FL 33914 Title MGRM KEREN, RAMI 4301 SANDS BLVD. CAPE CORAL, FL 33914 Title MGRM KEREN, ORNA 4301 SANDS BLVD. CAPE CORAL, FL 33914 Annual Reports Report Year Filed Date 2012 01/23/2012 2013 03/30/2013 2014 01/24/2014 Document Images 01/24/2014--ANNUAL REPORT View image in PDF format 03/30/2013--ANNUAL REPORT View image in PDF format 01/23/2012--ANNUAL REPORT View image in PDF format 05/02/2011 --ADDRESS CHANGE View image in PDF format 04/20/2011 --ADDRESS CHANGE View image in PDF format 02/16/2011 --ANNUAL REPORT View image in PDF format 02/20/2010--ANNUAL REPORT View image in PDF format 03/14/2009--ANNUAL REPORT View image in PDF format 04/10/2008-- Florida Limited Liability View image in PDF format Coovriaht©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationS earch/SearchResultDetai l?inq... 4/20/2015 Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE DR ISIO\ OF CORPOR U 1O`S Detail by Entity Name Florida Limited Liability Company WINDWARD CONSTRUCTION, LLC Filing Information Document Number L12000004426 FEI/EIN Number 45-4304853 Date Filed 01/10/2012 Effective Date 01/10/2012 State FL Status ACTIVE Principal Address 5715 FLAMINGO DRIVE CAPE CORAL, FL 33904 Mailing Address 5715 FLAMINGO DRIVE CAPE CORAL, FL 33904 Registered Agent Name & Address HAAG, BRIAN 5715 FLAMINGO DRIVE CAPE CORAL, FL 33904 Authorized Person(s) Detail Name&Address Title MGRM HAAG, BRIAN 5715 FLAMINGO DRIVE CAPE CORAL, FL 33904 Annual Reports Report Year Filed Date 2013 03/14/2013 2014 01/09/2014 Document Images http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 4/20/2015 Detail by Entity Name Page 2 of 2 01/09/2014--ANNUAL REPORT View image in PDF format 03/14/2013--ANNUAL REPORT View image in PDF format 01/10/2012-- Florida Limited Liability View image in PDF format Coovriaht©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 4/20/2015 • Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.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 Chanter 3 J.of the Administrative Code 1293 Belair Court PROJECT NUMBER VA- PL20140001721 PROJECT NAME DATE: 8-06-2014 DATE PROCESSED DUE: 9-06-2014 APPLICANT CONTACT INFORMATION Name of Applicant(s): T.Q( ?6,.t, Et-O P.<c r t _G C Address: ( gf' Car OI State: #- ZIP: 33 e?( Telephone: Cell: 23("-(-(Li0 6 Fax: E-Mail Address: ,4:-('.4-4- K+ 2 c .,,,cr i (,C',c,c114.1. Name of Agent: i 3 (A-n- A G Firm: Wirt' i h.d LOA-et) j -(- Address: q gI !&rzfryv.,A, W City: l fNcY State: Ft ZIP: 33%, T Telephone: 2a'I- ?2-7--1(9i Cell: Fax: E-Mail Address: bF\ '1feIt9 ,c C714e BE AWARE THAT COWER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ,ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. • 2/7/2014 Page 1 of 7 Coll=ier County • COLLIER COUNTY GOVERNMENT Z800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.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: 48072521003 Section/Township/Range: 16 /48 /25 Subdivision: GULF HARBOR Unit: Lot: 67 Block: Metes & Bounds Description: Total Acreage: Address/General Location of Subject Property: 1293 BELAIR COURT ADJACENT ZONING AND LAND USE Zoning Land Use N RMF-6 Single-Family Dwelling _. _._. S RMF-6 Vacant • E RMF-6 Single-Family Dwelling W RMF-6 Single-Family Dwelling Minimum Yard Requirements for Subject Property: Front: 25 Corner Lot: Yes n No I, Side: 7.5 Waterfront Lot: Yes ■l No I Rear: 20 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. I 2/7/2014 Page 2 of 7 Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 �. SOCIATIONS 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: NIA Mailing Address: City: State: ZIP: Name of Homeowner Association: N/A Mailing Address: City: State: ZIP: Name of Homeowner Association: N/A Mailing Address: City: State: ZIP: Name of Homeowner Association: N/A Mailing Address: City: State: ZIP: Name of Homeowner Association: NIA 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 WC 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. 2/7/2014 Page 3 of 7 M1 • ll;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 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 ❑ No If yes, please provide copies. • 2/7/2014 Page 4 of 7 ■ 411 k‘ Cot tier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUEMITTAL REQUIREMENTS CHECKLIST See Chapter 3 3. 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. Incomplete submittals will not be accepted. NOT REQUIREMENTS FOR RE'N iElki #OF COPIES REQUIRED REQUIRED Completed Application(download current form from County website) ❑ 0 ❑ Pre-Application Meeting Notes 1 Project Narrative ❑ ❑_�.__ Completed Addressing Checklist 1 x ❑ Conceptual Site Plan 24"x 36"and one 8'/"x 11"copy Q-,__�__ EJ 0 Survey of property showing the encroachment(measured in feet) 2 j a ❑ Affidavit of Authorization signed and notarized 2 ❑— - �— Deeds/Legal's 3 -- —.❑__v._.. Location map 1 0 ❑ Aerial photographs(taken within the previous 12 months min.scaled 5 © Nm III 1"=200'),showing FLUCCS Codes,Legend,and project boundary Historical Survey or waiver request 1 El El Data Requirements or exemption justification 3 [] 0 Once the first set of review comments are posted, provide the assigned 1 0 ❑ planner the Property Owner Advisory Letter and Certification I Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 © ❑ 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. 2/7/2014 Page 5 of 7 Collier County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 FEE REQUIREMENTS ❑ Pre-application meeting:$500.00 ❑ Variance Petition: o R o IVgazResiderat+al-x-5;900:00 o 5th and Subsequent Review-20%of original fee 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 ❑ Environmental Data Review:$2,500.00 ❑ 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 -----dit/f(( ,plicant Signature Date / Printed Name S 2/7/2014 Page 6 of 7 ........... • ? Cot ii r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I _.1) et11 r isf� ` (print name), as_... t/ ' 4 ._ (title,if applicable)of-LWc..r1 h,"(42,1-t _ h,m .� (com•any, If applicable),swear or affirm under oath,that I am the(choose one)owner pi applicant contract purchaser[land 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 unencumbered by the conditions and restrictions imposed by the approved action. 5. We/I authorize 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.pres. or v.pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed 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 be identified as the "general partner"of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance,first determine the applicant's status, e.g., individual, corporate, trust,partnership, estate, etc., and then use the appropriate format for that ownership. Under penal '•s of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts status 'are true. 7 ,"IV( 1 igna or- Date STATE OF FLORIDA COUNTY OF COLLIER /The foregoing instrument was sworn to (or affirmed) and subscribed before me on L // /(date) by � ' /27 /71 ��',�f� ,:„;,��aame of person providing oath or affirmation), as .,,r��. ��(.,� � ,41�-' who is p f>onally known toyne or who has produced (type of identification)as identification. H II -,-,„,e, STAMP/SEAfa Signature of Notary' Public .a;y:. ' PATRICIA MECANIE AGNELLO . '_ MY COMMISSION#EE130942 cv��i c *. EXPIRES October 15,20i5 1 2/7/21 do71 p, f, ?_-=.. 4.s x - -�' '_— Page 7 of 7 Project Narrative • • 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. The property located at 1293 Belair Court is requesting a XX.XX variance of the 20' rear setback for the single-family dwelling permitted by Building Permit, PRBD20130304829. The current LOC does not define or specify how waterbody setbacks are measured. LDC Section 4.02,01/Table 2.1 currently notes that "minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line." When reviewing the building permit/ site plan, staff reviewed the setbacks based on this LOC language. The permit was issued and the house was constructed per the approved plans. Additional research shows that the 91 LDC measured waterbody setbacks from the most restrictive of property line, mean high waterline, seawall, etc. This language did not get carried over into the current LDC, Ord 04-41 as amended. Because Ord 04-41 was not intended to make any substantive changes, the language is still effective. No staff clarification or official interpretation could be found regarding this issue; however, there is case history supporting that waterbody setbacks are to be measured from the most restrictive requirement (See Variance VA-2007-AR-12477). Because the house is already'constructed, and due to the unique characteristics of the lot, a variance is being requested to bring the house-into compliance with the rear yard setback for principal and accessory structures. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. The property was previously cleared and platted. Site alterations included minimal grading associated with the building permit and storm water retention system. 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. The property measures 60'x108' and is identified as Lot 66, Gulf Harbor, as recorded in PB 4, Page 31. The lot was platted with 108' of lot depth from Belair Court to the canal. The canal bank is not stabilized with a seawall or riprap and the actual waterline encroaches approximately 10-12 feet onto the property. This reduces the building envelope. Additionally, the structure was permitted and built with setbacks being measured to the property line. 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. There are no special conditions or circumstances that are the result of the applicant. The encroachment of the canal onto the property existed before the applicant took • ownership of the property. Additionally, the building permit was approved and the home constructed with the setbacks measured from the property tine. 2 i 2 a_ ti r. Lc) c r-• 1••••• N 'Z' LC) tr) CD CD CD •• ,-, ,-. CD-6 r0 1:-.1 os a) c 1:5 cn 0 - .4- a) .1 .1 'CS cn (.7) ...., --, 5 0 To •••• Ca CD t.- Ln 111111 CD fn C 'V E ci C) _. ..... - ..1 e 73 C a 5 7 C 0 -) o -, ..? .92 c 0 •-• C 3 C o -0 0 -0 0- FT) ....' CD •,:r C 2 c 0 0 to g CD >,...- 4- ('•4 ‘.." . 2 :6 2 (5 N a) ........A 0 CO CO t) r. a) 0 -c o en .-€ ,.... C CU >` 0C ,c) O ,-,—, .- 0) - Ln v N '0 7 -co .to o 0 • ,-• ›.,_,•- Jo E , o ...4 o 0 ...-J ..... v., O 0 C ;Ji VO 0 0 C -C , o cr, t-4 ?CI 0.( ^ _...3. C CD 03 0 E 5 0 m ,,, ,...., 0 ..-, c 2 0 as c-i's is" o ..= c 0 lc ...J ..,;.- C 1...; > E 0 _ 0 a .....- •-- , .2 a 0 ..r; c.) O ..c O 7:3 .,-.. ,A C. 0 a a, 2 cz 0 iF) as -0 --_- O 0 c c o "V to 0 ..o u -5 "0 74 "' a A 0 0 0 0 i;') ON ... t os I.". E E •-• - ..., ...... ,„ 0) c ..) ,.., 2 0 co O 0 C > .':' v CC > - -c) S • - A c E) 0 ..c. a a) ..0 12 E +.--4 -.. ,...., a fill cs- a) .c c o ....5, o 0 a o 3 D 0 4-, r.' 1:3 0 ,--,, -C •*Q .,C 0 12: ri: 0 6 -§" 0 co z 0 „.., - 0 - § MI .-, O ,.., .,_, 0.,„il to, C - "0 Lea 0 C 0 ,."1 ,..., CS) 1E *',) ca Tu .§- ,c) ...-. cz a) E °3 0 = ..., t.,-.. C 4 •- __, r4 a 0) .-,- ...., ..... ...- 4- 0 © a) o .-4- a) 0 COCU Cf: C C .: •g 75 c E .. to ,:-.... 0 ,.. 7 cZs' •- c -,..‘---' ,..- a) ,-..,. @ cl ct • cp C a.) 0 4 O 7 C 0 o C c > -...- as o E a 0 .,.0 0 (CO a aa 0 t--6 0 .c — o as c 2 co . •-- 0 0.., a) C i..., a.) •-• o - a•ot c 0 A > C ccI ..= 'al v ....)0 0 as ..... --0 ,..... C g A . .....)2, 1.... as rn 0 > as '65 - crs 2) 0 > 0 0 ' .,.... ......- '"(.11 E - 2) '• c •..) ..,--- LO o '.-- ...2 -0 ..0 o -5 - - 8 94 +I.) > 0 0 cs) v.- -_-.2. @) >-• ._.1 '----- E CO •-• a' E '5 0 - .©g a a t•-_,- 0 c r....` LL A c 4)••4,_,- (.,,, 0r) C.) II CO 0 C 7.8 8 ic-, ' co — C •,.. E g(i„)) e, -...,-. 0 z-,-,, .,.... 0 ... ) ,,, 0 CO Q. o '1.--- > 0 0 „ti. 0 ---, 2 (/) ...c t- o r- a 2-§ ,1/4'd _c to „0 c., r", 4) c'5 ....c co - ..c :7- 1 . V)c. ma) ..c.0 V 1--4 "C. ...0 0 gE V: 0 .6 - 01 4-, cs cd I V CI) -c >' 0)C....) V'-. co ,. 1 ,- 03 ..... cs)..= 0 • "a 0 >-..0 a) ••• 3 „, 0 CI c,) °0 "P_ chc,1 t:0 i . 0 t •-• J, - - c = Ei'. as,1 c cr. .a 0 if) . o = • L CZ ••••• - „ . .c 0 cz i 0 • 13 > C13 0 cn ....2 - L.. Ft CO ..c. D *C •- C') 1 -4- H .:*-' c^. L. 0 • -..... N 0- ;.-- . c— N O G cz 0 2 �` o o to • .. ..: C U C,, t6 VI g} "X cJ £ at! " 63 N- Oo N .e 41 aj , EL 4UJ .c O ? ' ^ w s +- O t CO3 °» 8 ; to AI 3 c Q U 0.0 N r.. 0 t3 C4" 0 U'j C3 8 In g N a: s2.. .4 —, .0 or. O 4 v U ,E'v .6 v 4 v d O C rd ..., .0 ` .O 1II R cr 2 U' C r� 'O -0 a p '"5 O O CD b./ y. u 'C7) 0 ."3 O ".'" •J L.y > _s o E 0. 0 , C3 12.1 v a x bG s . c C c.) 4 o N O a as c co 447. 0 o O C G c 2 eul C -kd riot) ti).E E 4 cd C •, °0 "•- 1.4 0 t p) t0 M. C v: u co o C �' crqC7 z coi . r„ 1 u v) C . 2 A 0 (NI ,'.'. Z 0 :I -ch0 IIu CO17 O > t) a 4 E crrl 2 ,- C �a 0y :~ AE to e U •- Co co a p CC [ v a 00 c " CO '� s CcY :sS o t6 A U 1+, U 0 4+ 0 G .5 C 0 ."" Tj `>. C ' . :0 oO n m oD C C ..1 o r c a O CN U a) a a o C O G 5 NI G E yr) C mas ID CD 10 V 17 O co —) 0 O O 0. ^20 - TJD u cn C CSO tv m w Q U C V 2C. C 'J .o ie F - W ti :1? v 4 U U CA .. :r `-; C .2,1 'r1.1.f o v C## 'as co •L i to = .4 70 0 0 }.1 0 V --z U 0.. V) 1— U9 0 D . NOt` F— j tx � NW ‘r, - C, > _0 .‘ ,..,.- a) -es ...• .c a) c >... ui .... 0) co c a) a) E .cn52 co ca ..c , _ ,.... = c.) -10 c ,,.) 2 a" c 03 a) 0 3 VT C 0CD 0 . 0 2 IIIco_ Ci a3 2 O a) 0 co co 0) a) so ,.... .... o n "5 c -12' E 0 Ta ".) a) O .. N ..- 0) > 0 8 ,... ..... .,,, 0 0 0 0 0 CO- ..-L- •C- E Ti) Li Lc o i5 ,r 0 - 0 = V) a) E a) - - o ..., 0 2 > a) o c= C u)• .'-E 0 ..c ....c :. .' 15 . .. g >.. o 0 47-1 0 E 0 ...- •- c/a 0 iii a) .E 4- c ..... - t- o lN .....• ,,, > (1) 0 :6 `.' a) = ti-) c0) 0. a) 0 C (- a c .... L. •- ..c E 0 0 2 cc a) u) 0 0) 0o a) a) 8. La 7 0 b "5 75EE0 c a 4- CV 0 .113 = 4-, • a) 0 • C > (1) C 0 0) "0 CO 0 CO ..... 0 0 al ..0 •,- E> "0 (tiy 03 c 0 -==. (13 C va 0 u.,3 0 .0 "0 CO 4.6 0 a, 4-C•3 ..= 0 0 •E. 6 -0 4- co ..c 0 E a) e4 Go CO CY, = (3) co 8 ›.. c) (..) u_ g :.=. :--al 1E co c E ..c -c E LT 0. ._ c .- 0 g•,* > - CC/ ) -: ., Q. Ca 0 _ c,3 s° O ° CO 1.-• U) 0 D 0 ‘‘., 03 a) L.- >. = ,..„,. W +-• 4-.. ,,- 0. 0 "''' - 0 a; 0 c) L.L. -6 •• w C 0 0 0 - ,- -0 721 7 0 .2 c C) 0 0 o c c ...a .,.... ,-- — a) Q. C 0 0 o r 'CI "0 - ca 0. CU C I-1-•• lip 0 •R 0 0 (./) _c a3 ,2, ..E. 2,. ,$)' 0) ... -0 0 ...c _s — < ,i. ‘.... 0 0 0 c 0 CO -0 0 a) c 4 C - c 0) o o 0 eL 0) c 9 cs) 6. •,:: ..,7. .'.. ,• (a o -Ci (f) CD c „.c. .c 16. ,,,, ...=, -0 a) TEs 6_ 0 en - ,Li) c945 15 (1) 0 •- 0 ... a. 0 c o C -0 _C g xr- 4- 00 czc 0 0 a) 0 0.. Q) _0 '.'E' a) 0 — 5 0 0 8 -.G .c E g C „,, . 0 (,) — >, -,, 0 15- c "0 Eu) 0_ . ?EJ.L. .- a) LE .4... 2 .G 9 ,2 00 o 0 cz -c ,,c 2 E ma' a) = : ,0 u) 0 0 $5 0 0'E) 0 - as 5 ..... c cn 0 >s Ti 0 41 C CD ..., •- 0 0045Cl) -t '- C) ' Cl)a) ' 2 2 n D 0 0. C 0 (U ..0 = 0 0 '0 0 -C" -.,--, 0 co _.0 -0 0 CL CO "0 CI) 0 X a) •-; a) 10 a 0 ›, , ..c. cs 0 ,„ cu 0 w 0 >, >. 0 0 4- 0 cn %.- Z., :E ,r, -0 • >. ---c-1. 0 't a. 0 0 ci) 0. • ai ,._ . a) 0 0 0_ clo g. ..„, a) 0 •- o@m7/53 c a) 0 (I) a. i..... ,.4: .?... o - ,.. > .,,, 0) 0 0 ,,..,a) o ...-, ° 2 cl. a) ,..._•-. -.4,1 'EL 2 -.E o 0 0 a. 0 > -= 0) cc) ,-. al a (1) u) 0 ku O 0- 0 4.-' _c 0 0 •c _C CrS E a) o - .. Q. t(1) I._ 0 ••••-• a) 10 -••••• O.) :__ •E 0. 4-••• c ,...- ...= (1.) ,•,-• .1.--• V) ...., 0 •- 0 0 -,-, 1....- C ..C. CO C 4,--- ......, 45 x— 0 0)"tz.: = •'•.:4 co *(T3 co - E t;L) 4-, i.;;;. 0 0 45 >. 0 C.) •= > .a ,J) u) o 1... 0 a) -0 -ira.' _ - ‘.) 0 :.- 0. 0 (.) e,.., 2 • c >CO (.) a) = ‘...., a 2, 4- '.53 0 >, -?-, -a ..._ -0 ..=. gt ,..9 t.r) a) 0 c L., -.F, 0 -- c :,,.- - .;-.,„ 0c o 46- §' 03 -- - 0 L__ *a 0 (10 0 23 4-, Ca -•-• ••,-• (1) CD -.4 0- • ..• c a) c > ,,, c c u) ..p., a_ L.) a) E co ,2 a. > v) .e (,) (1) CO n ..,,e. E a) > 0 -0- CO x ca 0 1 ; , 0 U) > .- c 513 0 ,.... u) ..4 o - "5 u) .-. L: ,..... = i- v) s-.) a) a) c ...c _c C _c _c ..c 0. _c° ..c° .c° ..c° '0 „c° -u TC) ° 0 "c' "0 H H H * H I- I-- 10) I- I- H I- 0 H cn 0 r•- = ,--• en.c 6 .40 (t$ ..c c ED 0) u) a.- E a) , 6 .....L•- c c L_ 0 Tt o c ,,z1 tD CO M cl CT) .....•., , C I) .1.... 4— ...... 4., ..-.1 tr, ..et -0 o 4- 0 cc) c •- a> .0 > i a-, -,-- —- ..... 0-ft. a) ° .,..- 0_ .c CO CO (NJ „...C*1•1 <....., 1- 0 . 0 •-••• 74 CD ..-- CO CZ .,--• -0 '44.1 , '0 I d 01. a) ? zEI - ..E s Completed Addressing Checklist (:Q er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET 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 ❑ SDP1(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) 0 SIPI (Insubstantial Change to,SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) (Street Name Change—Unplatted) ❑ SNC PNC(Project Name Change) (Transfer of Development Rights) ❑ ❑ TDR ❑ PPL(Plans&Plat Review) 24, 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) Lo-1' (A7 f 01.1.4 ,IcboR S /4) -/Dim ;p L'g, i2.2.v s plit4 Bir. tl,-p.9' -31 FOLIO(Property ID) NUMBER(s)of above(attach to, or associate with)legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) I ��- � JoaPl€s FL. 3goo • 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) 41111 SDP - or AR or PL# Ll er County 0 „,,,,„„000,'"%00,04%,,,,,04%,„4,,,,,„0,......,„„,„ 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 eXPersonally Picked Up APPLICANT NAME: 'Fear'Z 2����6,f4(G c - C-- C PHONE 23 q -q4b ""f,860 FAX Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • Survey Of Property • • S" s' s' ' ` CANAL N O'OO'OO'E 60.00' 01'..7" r' it i C Tc.a ` APPROXIMATE 10' 1wr,yrr EASEMENT ,,,---OP or BANK _ Z:7,::. T RPPRC XIMATE i—7 JD-- 3O L Oa or V ATER 7,.. W`-.:. _ -:" BM,:OW I i A:. G I':R ,LATE:ATE: 1 ( p„,,,, /&'ADS E Air' ,� ( UTILIZE CL ,,.mss•J.8 t FACILITATE ti" i! STORMWATI ' DETENTION - PROP, SI•EM WALL USE DOWN Tw I • ALONG S1OE5 ECT ... I DRY OETEI' 1 I I # PROPOSED RESIDENCE 1295 BELAIRE CT. • o p i. C Oo S } W y L 3"ori I 9 € H III . N W blz ,..M..._ 11 8OTT0� to '^ PATIO I IDRY DEI GRADE INDICATES BOTTOM ELEV ---T GRADE LINE OF 1.5-------.—I_,_ \ 1 1 MAINTAIN MIN. 25 ELEV. I L BERM AROUND DRY --...,,,_,_,_ DETENTION SYSTEM —A \y i IJA– DRY DETENTION 1 AREA BOTTOM t1 ELEV I,5 `�----- YARD INLET RIM EE A 8 I YARD INLET YAFtl . - 3" DIAM BLEEDER LRIM EL ; I.5 RaM E. - 08 LE, 0.0 ,...+-'-"'"�_-LE. OUTFALL L 0 E� � 0.8 - .....µ.. A' 1 ,.,,% — S O'4O'DC"w 53.09' 6' ADS OUTFALL TO SWALE INSTALL -----.1, PER FDOT STANDARDS •'••+.1 I I CONCRETE I • MITERED END MATCH INV. TO EX ---1---:-...„,...1 SWALE ELEVATION 3 0 BELAIRE COURT (60' ROW) '.F.,r 2'! o,�__POWER v. x 2.2: POLE NAVU 4 .. _ w . . _. • • • lit 1 o CANAL • w It I � =�as '-a"3 .. `°*b •e ti;� - 8A3AIN .ter` ; • y�gt ' I.t .. .. - • I ._•. ..1.... ... �._ ..".,"- .. ,err. _ ££ N ' P C•t4, L - it VENETIAN WAY i ; I, ,; . sa s .. M. so..e D t. r eQ- i.• I�r.-rf I. .. I 6 ' �°�!$' D CANAL m • v ,, w > o e z A •,A !! m i 11 "it's A '� h h es n ...h 2{ h: '�I i K W- _ • i� kg1bw t=L� _ r, ,.. a u, e. v Xi 44‘1 r iI ��, t V... '��, A C c t m CO m $N. i � y n, '"a _ r9.�.,�.:• I Fit<..r� i�°` _... r i!� i . OI y it "Z : 1. '-I-�.;,m:� BELAIRE COURT a _ ._ • xt�^ 1' lZ. 1211 ;4 j I'Ar 4 Yiv n 'a, ! }jy w hi y c `o x w '� .2., 0 �i p 4� GU 4 rp 1 s-t- at.• �la "" 4 ta` .... a;t'f lit ,2 G,14 'A', Z 6 CANAL " +a µ3 Qm ,d 1 M , . It, lit § ape o^: �° RAINBOW ��COUbl AZfa ' ._ i '{E `tea „ ...t.„ ' -i cn .,ill Cz ii. 4i 4,. ,...,�y y. i , ,, I( .4 11 ! 1 >'Y . , M :i �S i_1ii,* PC!, •U 1'.V $f� M ''• t c„ Ni ' fi..alio ‘-''-'1 , D L O • +A: .r th i ps m w4 6' CANAL 3 „f a i,5 f� i "•,„, C : '' '' M •ITS 41) C/ x 1 r n A `2` . O : QY`o viQs. N w 1 4i 4�,,C'i� ty> / ,„/ ^.' ,y w i+ t ""* 2 ;N` � i 1 ' A? t.Z % t'* ,_ . «r' 1 . i e..tr1 ,s ,�, • 4.> - „q,,. e• t t J*►, a' - o.;,� y GRAND �» CANAL DRIVE S, ? j' � .,r•. sa,. I _ - .. ., t T°. TT-7 rra.• As5 si.t ` �,•,, iRy, S±v Q;1 M 1i. v I k1 P , 14 i v ; 4t::., it3 ka Jr ' 9 ifn,r E.i!_ 4/sY.1. ' # FX. a t at. it �� .a.,..:.•-a.•,. C , ANAL T `! 40 :'Ix 1 4I t zi 4i% 4 � I ! efi�tit74 �2 ps a• v tIt11 t �1t, l: 11e " *'i t t?;l� 1.31•:4 i -n ij� 4 4' 174 4 ,kx ' a • 5 r tip' t o y 1..r. it t.At o 't't)t til g 11.4 > 1--, 1 tt ik ktIy r 11 t 0 7 ^I ..ON S.:: � £ 'd ki; !ki kl >( 4allt!.y'! O If.ii, i rr'' ioc 3lz,2 . • ` 8!i`r7s.",1= ; m a E�'.,'4.t p n r 3�"• f!li..! 1.1 4..k;31.! .01 in k 4 1,74;i, •.) , I 4,1?, }`kid .. 2L�? Z 4 t4Lt L, 1 8�": �:* '-`� rt Tt{ A'. ,.1, , ! Deed's /Legal *** iNSTR 4770585 OR 4861 PG 1666 RECORDED 12/5/2012 2:40 PM PAGES 1 *** 0 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC S10.00 EONS $10D.00 Dociunem perprsrud Tz: Mamas gel_l_flajEta Circ. _CapeCo;al 5m eg..to FI 13414 CV 03 r6C)-41 epee- 1 OO • Quit Claim Deed THIS INDENTURE,Made this 12th day of-November,2012 by BRD PROPERTIES LLC,A FLORIDA LIMITED LIABILITY COMPANY,whose post office address is:1415 Panther Lane,Naples.FL 34109,hereinafter called the unto,to,BELAIRE DEVELOPMENT LLC whose post office address is:4301 SANDS BLVD,CAPE CORAL,FL 33914,hereinafter called the grantee: 1 W'drnnri used t esin the Lena"grantor'sad"eraaloe include all Inc panics In thus&a:1MMenl and the heirs.lel rotaresrntlusrs and ascmas ofiadiaideals,sad the sazossors and acsicnsorrwvpwarions) Witnesseth,that the said`rano,for and in consideration of the sum of Ten AND NO1100 DOLLARS(S10.00)and other valuable considerations,receipt whereof is hereby acknowlednedI8 a � se.and quit claim unto the grantee forever,all the right title,interest,claim and demand which the said g ioi,Ii Net d4 a flat izs land situate in Collier County,Florida,to twit: LOT 67.GULF HARBOR.a SUBDIVISION,AOC DING TO THE PLAT Tr R II~OF RECORDED AT PLAT BOOK 4,PAGE 31, 411 OF THE PUBLIC RECORDS OF COLLUEROUNT"-'S;•ft OR.11)A_TH1E"FT S,�PROPY'1S NOT NOW NOR HAS IT EVER BEEN THE HOMESTEAD PROEPRTY OF THE GRANTO1{.Arl fA4-?93 1fiaire CL`,,Naples fl.a4110 1 . a 5:,,, -. Rt Together with all the tenements,hereditasmer and appu mane" tthl is h lo` nn$or in anywise appertaining. 1 l ' To Have and to Hold;the same toseller n ih all and snigular t "� en ces}t eunto belonging or in anywise appertaining,and all the estate,ri_ht,title.interest,lien.cquitt`�,ant1 claim whatsoever of the 1 tuhn ir. it1lier in law or equity,to the only proper use, benefit and behoof of the said Santee foresetl^t»es x14' "e i In Witness Whereof,the said grantor has sate_tthese r ser 'tb at and year first above written. mer: sealed and delivered in our presence: J ,,,I.,:i . if i w7z - iSl) z_aaaorL ed'Ciitra2aCml BRAD ' K,h ANAGING MEMBER OF r� BBD P s P 'R LLC Primed Namc or witocsst t Sienature o1 :"i;ness4l VYInCLAIL —?A— PAratillN:a=or Nctinesst2 Stare of Florida County•of Collier The foregoing instrument was acln.osrledged before me ibis 12th day,orNovember,2012,1)7 BRAD BLACK,MANAGING MEMBER OF I:IBID PROPERTIES 1JLC,who is personaliv known to me or who has produoed©.L.as ideati 1icat ion Niru.^}Sante , 07* II ' 111'C041w115,SIt3NSEEt87010, P rise Name: 1 �7 mn ta441 - '• + • EXPIRES Day Olt 2018 Ms Commission Ellice.; "C'I ri t'rstt. — _.__.._._ taillinillattlft _ Location Map • • UMW • REAR PROPE.ETYLINE_ _ _ ct, 1 1 I UNCOVERED BALCONY EAR SETSASS. g ..14. .___, r— F a 11 a a 0 } .... i PRINCIPAL STRUCTURE .- .MACK UN . , ....4 t I 1 1 11: 1 t 1' gi 7-e 6.—.. r 7 ' l'' -„........- 7_71_ - .411111611•---"dit t . 1 I. II0 1 1 i I 1 rr; .......: 1 1 U I 1 1 1 I 1 I[ * 1 5 0 (.1) CO 1 m 1 " C . - , 0 - . _ , ,,..' -- '3. i En,r ri '1 g _ ,i L __ , ?->) : • n i u J .. - , i I ' -'`"----i, IS r• - - 7 m aa. —a i --; . A --_,,, ,,,, 1, . p• C 1 ' . - ' — .^..' -"",,, i,, : •i,, ,j,, ! g -.!i 1 i___, ,, ,,,i, ____:!,,f ,.....e.• ,,,,, ,,.....-.„..,...... r...... 1 I , , 1 , 7-6* t I I 7'-6' ,1 1, 1111111 I i , .... - TFTI1N1.-s-er3ACK UNE 6 0 0 c E rni 91 a) ' f- 2 • ,4 ..,... 1 r • t; st — -- FRO043 .#-*-rt„3:-5tr.. JOIE It , t ..r. 1 il ti i 8 , ' , Aerial Photographs { ii s w mho f$ .~ . .0 .. <t ' ..,,,:s.,:.:,.. x a -- i. :� 'Unit 201 _ - W iag: —''°L;a k D R ` ' ').e'''.1;*.7e29 � ' ,,q •''''. --Zoning: 'S ° k^ a 'xai- ry -7''+ 3 "K, "r 7... ,. • 7-,...- 4 a ''.`, I- . PUt3 a ," ; < 6911 �t t/��« �++� �/C 9 a k a ? tf r� TF # ..4. # Woning: LAKE a,t < '� - %" ®. Unrt 102y x 3 g ...,,,,, ,z,,,,...,; ._ ,^ .`< "^� +�c;� r �.x,„tra�� :Ri'y- 'S�ab j' :t�h � x �a?�.a P ....� ,, 4 e�, p a4nA m� A V ' ,r. r Iii.c��` ,�jAif e � i,:,.,.•.°72_,-.. �. 'y"'6 err "yyyy, „rte „ ., " .- i' �"",,- `.« , ( ; AGENDA ITEM 4-B Co Wer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 14,2015 SUBJECT: PETITION VA-PL20150000189, TWIN EAGLES BEACH&BAY PROPERTY OWNER/AGENT: Owner: Agent: Vanderbilt Beach, LLC Karen Bishop 11125 Gulf Shore Drive Apt. 301 PMS Inc. of Naples Naples, FL 34108 3125 54th Terrace SW Naples,FL 34116 REQUESTED ACTION: The Applicant requests a 3.56-foot variance to reduce the required side yard setback from 15 feet to 11.44 feet along the south property line and a 6.95-foot variance to reduce the required side yard setback from 15 feet to 8.05 feet along the north property line. The subject lot is zoned Residential Tourist — Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO). It has a Conditional Use(CU)for a private club. GEOGRAPHIC LOCATION: The subject property is located at 9468 Gulf Shore Drive, also described as Conner's Vanderbilt Beach Estates Unit 1, Block A, Lot XIII, the North 50 feet of Lot XI, Block B and the South 50 feet of Lot XII, Block B in Section 32, Township 48 South, Range 25 East, Collier County, Florida. (Please see Location Map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to make certain improvements to the existing private beach club. Those changes include three that will encroach into the required 15-foot side yard: a. a shade structure/trellis, which is proposed to be set back 11.44 feet; b. a cooler/freezer, which is proposed to be set back 12.96 feet; and c. a reconfigured stairway, which is proposed to be set back 8.05 feet. The trellis and cooler will encroach into the south setback; the stairway will encroach into the north setback. VA-PL20150000189,1W1N EAGLES BEACH&BAY MAY 14,2015 Page 1 of 7 Duran .O ,nr10 r , ,.tom►�. i 0W :r4, ,, ,,, , 1 ....... mielillos,,, , ,,,,,i111,1 2 .1; , I,: '''''''"''' gX; 11,1 RI ; Ig , 11 0 ��� AR TRAP as.,, f 1 m j� et1 � M fil 110 �� e l kl /t il'LN =� r i �of .............. i �-.-! ... ti ■■\■c 1 ry I 1 i I fi I" i 111 . / ii g 1,__01 I / I win 2 11 --) lir i 117. 1 7 4" !! f Z AAAA .._ - ___-- imintanimiN I . Y 1 ais e n 8 h r " n , Illi 111' a ' R . iVg� i -10- 1 l "�� ri11811190,{ N ��ltill 3011111 0 Piltgi ' 0.3 vols.21, 111141 allri ,, .m' .--Uteri Z 91 „triFAVI Allelkatis ', W. il Z 11 *b" .1 :.,:-.71.E.,:1,1,77- i "Vial .cn o D @� aff p - �aii IC ;ae n Y 13 I -I ° c i `mizt bowilli _ .., �11U11.o,111 Z _ r n 111 K if >v I ' _._ ,—� . Q ©1.a IN El - _ _ • .: J. � a -'ter �_�_ Y-9— . - VANDERBILT DRIVE SURROUNDING LAND USE &ZONING: SUBJECT PARCEL: Private beach club; zoned RT-VBRTO North: Sunset Bay Condo;zoned RT-VBRTO East: Gulf Shore Drive ROW, across which are guest suites;zoned RT-VBRTO South: Gulf Pointe Condo; zoned RT-VBRTO West: Gulf of Mexico Subjec mg � �. 111 � r , R'" -� -iR *'.e, � .'i .- 7 ciPot rpt : 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? Yes. The lot is typical of the narrow lots abutting Gulf Shore Drive; however, the neighboring structures to the north and south have residences starting at the second-story, above the ground-level encroachments proposed. There is also an existing concrete wall that varies between 4 and 6 feet in height, separating the beach club facility from the adjacent residential properties. 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. The applicant wishes to add and reconfigure features of the existing site. 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? No. The applicant would continue to use the facility as it exists. 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 applicant could continue to use the existing club. 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 expand the facility beyond the existing setbacks. 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 encroachments are proposed to the existing one-story structure. The neighbors to the north and south have parking on the first floor. Residences begin on the second floor; therefore, some of the impact of the encroachments will be ameliorated. There is also an existing concrete wall that varies between 4 and 6 feet in height, separating the beach club facility from the adjacent residential properties. In addition, the Applicant states that she has met with the neighbors to the north and south and that there were no objections. VA-PL20150000189,TWIN EAGLES BEACH&BAY MAY 14,2015 Page 4 of 7 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. The encroachments are proposed to the existing one-story structure. The neighbors to the north and south have parking on the first floor. Residences begin on the second-story; therefore, some of the impact of the encroachments will be ameliorated. 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. i i - . } •s to s Bird's-Eye View(Google) 'tel' ," a. *4 ' . 1 : 4117 % 1 d b '1B p� a 3,. s' �-. ;, tiel — Street View(Google) VA-PL20150000189,TWIN EAGLES BEACH&BAY MAY 14,2015 Page 5 of 7 COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed this staff report on April 22,2015. —SAS RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve a variance from the required 15-foot side yard to 11.44 feet along the south property line; and a variance from the required 15-foot side yard to 8.05 feet along the north property line on the subject lot; subject to the following condition: 1. This variance is for the encroachments shown on the attached site plan only. Any other encroachments would require a separate variance. ATTACHMENTS: A—Site plan B -Application VA-PL20150000189,TWIN EAGLES BEACH&BAY MAY14,2015 Page6of7 PREPARED BY: • 17/-as - is FRED R ISCHL, AICP,PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYM D V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION Ll- 7-IS MIKE BOSI,AICP. DIRECTOR DATE ZONING DIVISION VA-PL20150000189,TWIN EAGLES BEACH&BAY MAY 14,2015 Page 7 of 7 \ \ I • r , :47, 1 ...—1 e.„-,...._,)- ..... .. ...a-II !, — ...... i i I r i \ 1 la I -LVI , il 410 , 1 7- • -a • 1 1 0 I 1 II II 1 ; •°I) I I 1 I, • : 1 ; 11 I • I II C)'-` i I .. • ,Ii ii Cf) ' 1 li II il i0.1 1.1. JI.-.• __ ....= ---- j , I U '9, I k•',... •2.,."•• •I:‘,.%••• ,..- : 4") •••••-----1 1`7 CO piek*41:C ,• 1• 0 C) Z 1 Z ' < Uj I i- • - 1; (4 to 6.4 14.1 I.,,j •:,,, :IX, CI I CD LU 0 NI I U) CID IL I n....Q-C‹ (0. -Lil u-I CZ d et KA.. ii 1 < 0-_.; i ''''''') 'SI I tt) CC •-• s! 1 i • Et 11 . -- I 11 • St — . Z U t Q. ii1„7. _ L lu-,,,_ _ __ _ ' _ _ __1 La I /--- 1--- .._, I •. . 7....-.......-..-....- —...= .- .••••,-,,,,,- .r '87 &, ,,. rj, • . ,..,,,uw,„‘ , I I y .. , _J I • LL it ,, • , I II C:) ,....... /7, ,,,,, -,- , ... ,21ePV.:4, ...., ..,. ' 4.1 iti n •:,,,,If.,..., 4. *., - ---..,-..-./.... ,E6 : .1 I - •.•'.5*',.,l';'',',k 1, . CL ' ÷ * a, ...... _J 1 1 r------- . ...... ._... . LI 03 ..... cz1(1)z ... ..t ,, tc 1, ..- Z '`' _.. . ,.., 1 1.,.,..---- ,ik.... .„.-.-. • • 1 ' - co — '•54°C.:11 1 I l';' , . z) 44 c3 , i 1 i • o,...Lp.. . , ........ 1, , i 1 ' 1 — bin i _111:' r 'I I 1---- 7 I m , •1 .1 II- -- -- --. - - - - s II ....-..... 11,,.-.. a- 'I't * III 1 'I II' ...,..-- ,.- 0 Is i . c ..., • ,S T... F, 1 cl I// Ci 1. 0 e( II-- 13 0' . 1 i : i•?:, •ie ',.9 i in 2 c.$ I II c) !IeT I I tn cyy2 if? . r* \•,.. - - o o 4.. (ft i 5•••• , ll ,,,,, - i .....,-2-...- ...-• \ k•\ \••••.. ..., 1 (Z) .., a II)- 1-1 a ;, 11 --.. -- ec —c, Q. ,• -- - .1 , 1 I E p 2 el I • C • . „"•••,‘ .cc 0 .„, a , a , ._.._. _. ___ , ,,,, ,....... , ,,, ,.... I N 1 I ' : r •'•*• I, '• - 9,,r, a-••,. Ael LS EL Z 9..i:Zio L.15.0........90!VI.CRIKOri.at-yukrtgrr,,,,seesmab,,g5.0,3 Page 1 of 16uunzy rruperiy HpprdIsrr Property Summary Parcel No. 27480360000 Site Adr. 9468 GULF SHORE DR Name/Address VANDERBILT BEACH LLC 11125 GULF SHORE DR APT 301 City NAPLES State FL Zip 34108-1798 Map No. Strap No. Section Township Range Acres *Estimated 3A32 233200 A 133A32 32 48 25 0.99 Legal CONNER'S VANDERBILT BCH EST UNIT 1 BLK A LOT XIII, N SOFT OF LOT XI BLK B AND S SOFT OF LOT XII BLK B Millage Area 0 164 Millage Rates O *Calculations Sub./Condo 233200 - CONNERS VANDERBILT BCH EST#1 School Other Total Use Code O 35 - TOURIST ATTRACTIONS 5.58 6.1697 11.7497 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 1,582,500 10/31/00 2737-2670 $4,800,000 (+) Improved Value $ 558,054 11/04/97 2360-606 $ 3,100,000 (_) Market Value $ 2,140,554 (=) Assessed Value $ 2,140,554 (=) School Taxable Value $ 2,140,554 (=) Taxable Value $ 2,140,554 If all Values shown above equal 0 this parcel was created after the Final Tax Roll hp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=27... 4/21/201 Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE N. }< D1v14i(�)i' OF CI)RPC)RaTfON� Detail by Entity Name Florida Limited Liability Company VANDERBILT BEACH, LLC Filing Information Document Number L06000103812 FEI/EIN Number 205845420 Date Filed 10/24/2006 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 02/19/2007 Event Effective Date NONE Principal Address 470 LAUNCH CIR#403 NAPLES, FL 34108 Changed: 01/14/2008 Mailing Address 1695 ROOD POINT ROAD MUSKEGON, MI 49441 Registered Agent Name & Address HUNT, PAT 3147 LANCASTER DRIVE, #1 NAPLES, FL 34105 Authorized Person(s) Detail Name&Address Title MGR HUNT, PAT 3147 LANCASTER DRIVE#1 NAPLES, MI 34105 Title MGR HUNT, ANNA C http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 4/21/2015 Detail by Entity Name Page 2 of 2 1695 ROOD POINT RD MUSKEGON, MI 49441 Annual Reports Report Year Filed Date 2013 02/13/2013 2014 01/08/2014 2015 04/17/2015 Document Images 04/17/2015--ANNUAL REPORT View image in PDF format 01/08/2014--ANNUAL REPORT View image in PDF format 02/13/2013--ANNUAL REPORT View image in PDF format 01/04/2012--ANNUAL REPORT View image in PDF format 03/25/2011 --ANNUAL REPORT View image in PDF format 02/17/2010--ANNUAL REPORT View image in PDF format 04/03/2009--ANNUAL REPORT View image in PDF format 01/14/2008 --ANNUAL REPORT View image in PDF format 02/19/2007-- LC Amendment View image in PDF format 01/29/2007--ANNUAL REPORT View image in PDF format 10/24/2006-- Florida Limited Liability View image in PDF format Comvrioht©and Privacy Policies State of Florida, Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 4/21/2015 Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE tt Di�-Isioy of CORPOR ITIONS .4 �.1' 1� Detail by Entity Name Florida Limited Liability Company VANDERBILT BEACH, L.L.C. Filing Information Document Number L00000011951 FEI/EIN Number 593674220 Date Filed 10/02/2000 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 12/23/2013 Principal Address 3400 E. LAFAYETTE DETROIT, MI 48207 Changed: 04/28/2011 Mailing Address 3400 E. LAFAYETTE DETROIT, MI 48207 Changed: 04/28/2011 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 11/09/2012 Address Changed: 11/09/2012 Authorized Person(s) Detail Name&Address Title MGRM TRIDENT-KINSALE L.L.0 3400 E.LAFAYETTE DETROIT, MI 48207 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 4/21/2015 Detail by Entity Name Page 2 of 2 Annual Reports Report Year Filed Date 2013 12/23/2013 2014 03/26/2014 2015 02/05/2015 Document Images 02/05/2015--ANNUAL REPORT View image in PDF format 03/26/2014--ANNUAL REPORT View image in PDF format 12/23/2013-- Reinstatement View image in PDF format 11/09/2012-- Reg. Agent Change View image in PDF format 04/27/2012 --ANNUAL REPORT View image in PDF format 04/28/2011 --ANNUAL REPORT View image in PDF format 03/03/2010--ANNUAL REPORT View image in PDF format 04/09/2009--ANNUAL REPORT View image in PDF format 05/19/2008-- LC Amendment View image in PDF format 05/14/2008-- LC Amended and Restated Art View image in PDF format 01/31/2008--ANNUAL REPORT View image in PDF format 02/14/2007--ANNUAL REPORT View image in PDF format 04/03/2006--ANNUAL REPORT View image in PDF format 04/06/2005--ANNUAL REPORT View image in PDF format 01/21/2004--ANNUAL REPORT View image in PDF format 01/10/2003-- LIMITED LIABILITY CORPORATION View image in PDF format 01/15/2002 --ANNUAL REPORT View image in PDF format 03/15/2001 --ANNUAL REPORT View image in PDF format 10/02/2000-- Florida Limited Liabilites View image in PDF format copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 4/21/2015 Collier' COu it V COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.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 VA—PL20150000189 REV: 1 TWIN EAGLES BEACH AND BAY CLUB PROJECT NUMBER DATE: 2/3/15 PROJECT NAME DUE: 2/18/15 DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Vanderbilt Beach LLC Address: 3400 East Lafayette city: Detroit State: Ml ZIP: 48027 Telephone: 313-567-7000 Cell: Fax: 313-567-3912 E-Mail Address: Ed.Schonberg @Soave.com Name of Agent: Karen Bishop Firm: PMS Inc. of Naples Address: 3125 54th Terrace SW city: Naples State: FL ZIP: 34116 Telephone: 239-455-6002 cell: 239-825-7230 Fax: 239-234-6096 E-Mail Address: karenbishop @pmsnaples.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/4/2014 Page 1 of 6 Collier County • COLLIER COUNTY GOVERNMENT Z800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coliiergov.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: 27480360000 Section/Township/Range: 32 /48 /25 Subdivision: CONNER'S VANDERBILT BCH EST Unit:: 1 Lot: "."°"Block: A&B Metes& Bounds Description: see attached Total Acreage: •99 Address/General Location of Subject Property: 9467 GULF SHORE DR Naples, Fl 34108 ADJACENT ZONING AND LAND USE Zoning Land Use N RT-VBRTO Sunset Bay Condominium 5 RT-VBRTO Gulf Pointe Condominium E • Public Waterway Vanderbilt Lagoon W Public Waters Gulf of Mexico Minimum Yard Requirements for Subject Property: Front: 30 Min. Corner Lot: Yes No Side: t5 Min. Waterfront Lot: Yes 1�j No I I Rear: so'Min 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 COLLIER COUNTY GOVERNMENT Z800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliersov.net (239)252-2400 FAX:(239)252-6358 ASSOCIATIONS 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://vrww.collier f;ov net/Index.aspx?page-774. Name of Homeowner Association: Sunset Bay Condominium Mailing Address: 9486 GULF SHORE DR City: Naples State: El ZIP: 34108 Name of Homeowner Association: Gulf Pointe Condominium Mailing Address: 9439 GULF SHORE DR City: Naples State: Fl ZIp: 34108 Name of Homeowner Association: WINTERHAVEN ON THE GULF LLC Mailing Address: 9400 GULF SHORE DR City: Naples State: Fl ZIP: 34108 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 NATURE OF PETITION • TWIN EAGLES BEACH AND BAY CLUB 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. This request is for an existing beachfront recreational club and pool for the Dunes Condominium. This property was purchased October 17,2000 with a partially completed club building. The current owners are requesting a variance in two locations along the southern property line.The setback for this area is 15 feet. The first request is to locate an arbor 11.44 from the south property line.The siting of the arbor is based on aligning it with the existing south stair which is 11.44 feet off the property line.This location accommodates pedestrian access around the arbor and provides additional distance for the pool furniture for safety adjacent to the pool.Our second request is to encroach into the side setback area to accommodate a larger freezer in the kitchen. This location is based on the existing site conditions that do not allow us to move any further east or north because of a required handicap access route that is required to be 3 feet clear. We do not have any additional room to the west as this is where the existing kitchen is located.The addition to the kitchen is proposed to be located on an existing planter.Based on these existing constraints,we are left with locating the freezer to the south side of the building.We have designed the foot print of the freezer as small possible to limit the impact on the setback. 2) For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. The proposed site alterations include (1)filling in part of the existing swimming pool to increase the pool deck;(2)provide a direct access to the restrooms via a stair on the north side of the building;(3)reworking the paver deck to remove the current zig-zag configuration which will remove eight coconut palms; (4) extend the roofed deck nine feet west towards the existing pool;(5)extend existing men's bathroom east over the existing planter wall and remodel the bathrooms to increase the men's bathroom to provide additional handicap access; (6) expand kitchen east and south over the existing planter wall to provide a cooler and freezer;(7)Install an arbor on the pool deck to provide cover for patrons. 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. This facility is located along the Gulf of Mexico.As we are aware, public access to the beach is limited at best,the patrons from the Dunes Condominium are interested in utilizing the property as much as possible. Since this building was existing when purchased by the current owners,there is a limit to the amount of increase available. b) Are there special conditions and circumstances which do not result from the action of the 4110 applicant such as pre-existing conditions relative to the property which is the subject of the variance request. This one story building was designed and partially completed by the previous owners in the late 90's.The current owners purchased it in 2000 and finished the construction.Based on the original footprint,parking lot design and required handicap access, expansion opportunities are limited. We are requesting the minimum we need to upgrade our facility to provide reasonable upgrades to this facility. 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. Due to the existing one story building configuration and development requirements, opportunities to upgrade the facilities are limited.A literal interpretation of the zoning code create practical difficulties for us. 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. If granted, this variance request is the minimum necessary to make possible the reasonable use of the property while maintaining our commitment to 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. Granting this variance request will not confer any special privileges to this property 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. Granting this variance will 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. This parcel is located on Gulf Shore Boulevard with frontage along the Gulf of Mexico. h) Will granting the variance be consistent with the Growth Management Plan? Granting the requested variance will not create any inconsistencies 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? There have not been any official interpretations or zoning verifications on this property in the last year. Ilk _ liCo 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 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? n Yes 11 No If yes, please provide copies. III 6/4/2014 Page 4 of 6 Collier COL4nt; f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergay.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist 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. REQUIREMENTS FOR REVIEW $1 OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) ( ❑ ❑ Pre-Application Meeting Notes 1 Project Narrative L°__J L�!rted f Gd 5 .nY I E kiiSt 1 [..! Conceptual Site Plan 24 x 36"and one 8%z"x 11"copy ❑ x❑ ❑ Survey of property showing the encroachment(measured in feet) 2 ❑ ❑ signed and notarized 2 Li Deeds/Legal's 3 ❑ ❑ Location map 1 Current aerial photographs(available from Property Appraiser)with 13 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 ® ❑ 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. 6/4/2014 Page 5 of 6 Cofer 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 I Meeting Sign-In Sheet $ Addressing:Annis Moxam U Graphics: Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director i ❑ Historical Review Comprehensive Planning:See Pre-Application ❑ Meeting Sign In Sheet ❑ Immokalee Water/Sewer District: �..e, w Li 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 • I Engineering:Alison Bradford Transportation Planning:John Podczerwinsky LOA Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS Pre-Application Meeting:$500.00 1 Variance Petition: o Residential-$2,000.00 X Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee I$ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 CS After The Fact Zoning/Land Use Petitions:2x the normal petition fee 0 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 I ( 1 1 1 12/5/14 3 33 13 ; '' } )k i 'i 1 1 !, Date Applicant Signature Edward R. Schonberg Printed Name I 6/4/2014 Page 6 of 6 VA-PL20150000189 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, Ed Schonberg (print name), as Vice President (title, if applicable)of Trirtenl Propr>rties, Inc (company, If applicable),swear or affirm under oath,that I am the(choose one)owners X s applicantncontract purchasernand 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`JeY Westendorf,Omega Consulting Group 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 uses fly executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed 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 be identified as the "general partner"of the named partnership, • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I d fare that I have read the foregoing Affidavit of Authorization and that the facts state in it .re u.. lz/ 5/ i1 Signatur Date E&w' ra R,. S on6er, STATE OF MIeH1GI ANI COUNTY OF COLLAR W Ay N1E The foregoing instrument was sworn to(or affirmed) and subscribed before me on bectMber 51 2014(date) by Ed■ t„ra, R, StV.enber3 (name of person providing oath or affirmation), as N t ct. er ts'+dt.,r who is personally known to TM or who has produced (type of identification)as identification. STAMP/SEAL C ' S g tur�tary Public MICHELE C WALKER NOTARY PUBLIC.STATE Or Mi COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,_(:. ACTING IN COUNTY OF W7!y Q 4111 J I t'P0111-4OO•INI 115\155 REV 3/24/14 VA-PL2O15O0O0189 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, Ed Schonberg (print name), as Vice President (title,if applicable)of Indent Pm nrtie p s,Inr. (company, If applicable),swear or affirm under oath,that I am the(choose one)owner! X Japplicantl Icontract 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. Well authorize Karen Bishop. PMS Inc. of Naples 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.Ares. or v. Ares. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed 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 genera!partner must sign and be identified as the "general partner"of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words"as trustee". • in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. tVl 1 /2./5/0./ Signs ur Date Edw1`rd. R. Sc�+arberg STATE OF FLVRIDA M 1 eK I G AN COUNTY OF GOWER hiAl NE The foregoing instrument was sworn to(or affirmed)and subscribed before me on Dtti"Ler 5 3I4(date)by Edv4�r� e. Sa1,o►,�ero (name of person providing oath or affirmation), as \i« P.e s i de n"}- who is personally known to me or who has produced (type of identification)as identification. _ )1; A � STAMP/SEAL Sign tare of Notary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES JIM t0.20tt, ACTING IN COUNTY OF W Zurt CPSOS-COA-OII1 I51155 1tKV 3/24/14 .............. • VANDERBILT BEACH, L.L.C., a Florida limited liability company MEMBERS: TRIDENT-KINSALE L.L.C. By: Trident Holdings L.L.C., sole member By: Trident Properties, Inc i , .R.t er By. Edward R. Schonberg Its: Vice President TRIDENT-DUNES L.L.C. By: Trident Prop-rt e-, #. r 1mber By: . 1I 1 Edward R. Schonberg Its: Vice President 11 13 A6 RESOLUTION 2000- 300_ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRIVATE CLUB CONDITIONAL USE "5" IN THE "RT" ZONING DISTRICT PURSUANT TO SECTION 2.2.8.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS,the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125,Florida Statutes,has conferred on Collier County 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 (Ordinance No 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County,among which is the granting of Conditional Uses;and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected,has held a public hearing after notice as in said regulations made and provided,and has considered the advisability of Conditional Use"5"of Section 2.2.8.3 in an"RT"Zone for a private club on the property hereinafter described, and has found as a matter of fact(Exhibit"A")that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission;and WHEREAS,all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County,Florida that The petition filed by Richard C. Grant of Grant, Fridkin, Pearson, Athan & Crown, P.A., representing Signature Communities,Inc.,with respect to the property hereinafter described as: Exhibit"B"which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "5"of Section 2.2.8.3 of the"RT" Zoning District for a private club in accordance with the Conceptual Master Plan(Exhibit"C")and subject to the following conditions: Exhibit"D"which is attached hereto and incorporated by reference herein • 13 A6 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion,second and majority vote. Done this/2 xG day oftd ...Gt.Z� ,2000. BOARD OF ZONING APPEALS COLLIER COUl`v/ A 1`IM J.CO. " I'1 ,C Al'M.—N Attast as to ChafrMa��s signature only, ATTEST: DWIGHT'F..BROCK.,Clerk ,,M;Q. Approved as to Form and Legal Sufficiency: icy fw/.al��} 'ego AMltuden t, Assistant County Attoney J.dmWCU-2000-I0'RESOLUTIONJSMfim 13A6 . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-10 The following facts are found: 1. Section 2 .2 .8.3 .5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of : A. Consistency with the Land Development Code and Growth Management P1 Yes j No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ✓ No C. Affects neighboring properties in relation to noise, glare,/economic or odor effects: 4/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use witilin district Yes � No Based on the above findings, this conditional use ,a ld, with stipulations, (copy attached) O be rJexamm ded for approval 'l{ Ch1/4/�PJV1gn// f / 7 DATE: 1 to r MEMBER /� fr -G f g/admin/CU-2000-10/F[NDfl1G OF FACT MEMBER/SM/im I 13 A6 Exhibit B CU-2000-10 LEGAL DESCRIPTION A parcel of land located on the Gulf of Mexico and on Vanderbilt Lagoon containing approximately 1.1 acres of land consisting of all that real property that comprised the former VANDERBILT VACATION VILLAS, a condominium, according to the Declaration of Condominium recorded in Official Records Book 985,at Page 794, of the public records of Collier County,Florida,as amended. 0 • EXHiB1T "C" 1 3 46 i II wrsn s.v cwao,ww 7000•G;w, wen II, ccro +w i zc...c:o ,..,,,,,./r....,.0...7 ■rte, �0 / .. ,_4 -•,-.w.., -1.--1... r,...... : ,r72*- ' l' _ '1 .7-curli torn t cur .u+n ccwO....u. s.vsu,w Cr.•,ncs m.00..ww• m,.«c M I .. j ! G w, 1 • • 0 13 A6 Page 1 of 2 Exhibit D Subject to the following Conditions: 1. The Planning Services Department Director may approve minor changes in the location, sighting,or height of buildings,structures, and improvements authorized by the Conditional Use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application,and shall comply with all applicable County ordinances in effect at the time of submittal,including Division 3.3, Site Development Plan Review, of the Collier County Land Development Code(Ordinance No. 91-102). 2. This approval authorizes only construction of the facilities shown on the Master Plan. The facilities shall be constructed in substantial conformance to the Master Plan with only minor deviations to accommodate the construction process. 3. The Petitioner intends,and will,operate this facility in a reasonable manner so that it will not have an unreasonable adverse impact on adjacent residential properties. 4. The maximum number of people which may be on the premises at any one time shall be • limited to 112 persons. 5. The facilities shall be open only between the hours of 8:00 a.m. and sunset. The snack bar must close at that time and use of the pool and other facilities must cease. All users must depart the facility within 30 minutes after sunset. The petitioner shall be responsible for strictly enforcing the hours. The only exceptions authorized are as follows: (a) Overnight guests and/or resident managers in the living units may use those units. (b) There can be as many as six events each year in which the facility may be open until 10:00 p.m. The maximum number of people which may be on the premises at any one time shall be limited to 112 persons. Two(2)weeks prior to each event,notice shall be delivered to the property managers or other owner representatives of the adjacent properties of the date of each event. 6. The facility will have on-site management during all hours that it is open and such management will also remain on site after closing to ensure that those actions that need to be taken at the end of each operating day to-be in conformance with these stipulations are,in fact,done. In addition,the Petitioner will provide to the condominium manager of the adjoining condominiums the name and phone number of a responsible person within the Petitioner's organization who can respond to problems or emergencies at the site during non- operating hours. 13A6 • Exhibit D Page 2 of 2 7. Food service will be limited to a sandwich/grill type operating. Cooking facilities will have proper odor scrubbing exhaust equipment. This will not apply to barbecue-type cookers that may be used at the special events described above. 8. Trash and garbage receptacles will be enclosed and will be removed from the beach-side facilities at the close of each operating day. 9. The roofs of any buildings on the site, and the pool deck,will be of a non-glare material in a muted color. 10. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than 15 feet in height and shall be of a material and color compatible with the design of the facility. 11.Parking areas will be utilized only by authorized users of the facility, and(on the beach- side)will have devices to prevent ingress and egress to the parking area during non-operating hours. 12.Beach chairs,umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front of the club,defined as the beach area within the area enclosed by the property lines of the club, extended to the edge of the water. 13.There shall be no personal watercraft or personal sailboats(Hobic Cats and the like)allowed on the beach side. 14.Docks in connection with access via the Vanderbilt lagoon may not be used for the berthing or mooring of boats in excess of forty-eight(48)hours. 15.The site shall be developed in accordance with the Site Development Plan,SDP 98-119, approved September 16, 1998. Any amendments to the site plan other than minor changes as defined in stipulation#1 of Exhibit D of this Resolution,shall require a new Conditional Use approval. • 1 3A 1 RESOLUTION BB- 234 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF PRIVATE CLUB CONDITIONAL USE "5" IN THE "RT" ZONING DISTRICT PURSUANT TO SECTIOII 2.2.8.3 OF THE COLLIER COMITY LAND DEVELOPMENT CODs; FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. %1'L7.E1-.;, the Legislature of the Stat: of Florida in Chapter" 67-1246, Lars of Florida, and Chapter l25, Florida Statutes, has conferred Collier County the v... :r to establish, coordinate and enforce zoning and such business reg;:lations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 9l-1021 which includes a Comprehensive Zoning Ordinance estatlishina r•:?Mations for the zoning of particular geographic di'risions c_` the 'runty, among which ( is the granting of Conditional Uses: and WHEREAS, the Collier C:,unty Panning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulatin:s made and p:ovided, and has considered the advisability of Conditional ',.1se "5" of Section 2.2.-.3 in en ' PT" zone for a private club un the property hereinafter d':,cribed, and has found as a matter of fact ,Exhibit "A"1 chat satisfactory provision and arrangement have been made concerning all anpi_-able matters required by said regular_ins and in accordance with 1:,:bsectton the Land Development Code for the Collier r:-,unty Planning Com:ni.;s: , and W5EPEAS, all interested parties have been ?iven :ppertunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Colli.: County, Florida that: MMENIM .......... • 1 3A 1 "!. : . ., ..un filed by '.hrisl'.gh:r 0. i'ri';'.t, R.E. of PWA, Inc., reprr:sere i:. : Twin Eagles Development Company, LTD with respect to the property nereinafter described as: • which is attach•.. hereto are.: inccrr.orat_d by refee-ee-e herein be and tee 7ene is hereby approve] for ConditiOnai Use "5" of Section 2.2.8.3 ef the "PT" zoning 'listriet. ler a private club in accordance with the Ceeeeptual Master Plan (Exhibit "" .,::d eebj':r.t to the • followin. . .editions: 1. T'.rc ?fanning Technical Services ;tanager may approve • -.r.:r changes in the location, .+.'.fury, or h':i•lht of •..__dings, structures, and improvements authorized by • .=.e conditional use. Expansion of the us :, id'::rtified eeti approved within this ce,-+diticnel ::se application, .r rajor changes to the site plan seem.._e-t .,: part of -3 application, shall reeeire the bm:tta: sof a new . ... ._tonal ..se applicat..en, and s:.a.. _ mply with all le7. 1icable County cr dinars^ in of` -. at he time of in lad;. „ 1, . .:. . •.. . rte . .. -*:::.rsrene .a-. Review and Appreeai, tr. '-ente ..end 1eeellp-ent Code {Crdinan— • :tee. . L. approval euthoriz_- rily :ons. . ion tie . - '•' S shown on the Mister Llan. The facilities shall be constructed In. substantial • :rformance to the Master ..-!aa with only minor :e. iations to accommodate _ne cons'.. retie . cr,pest,. The facilities shall operate rely as an amenity to the Eagles Golf and Country :et, _:.' l ement fc,r. use ... , by members and guest., et. .he de'• .- , -,gin./count 4. .- ....loner intends, and will, operate this ta.cility in • reasonable manner so the.. it will rot have en ...reasonable adverse impact or. adjacent residential earner. The facilities .shall be open, only between 8:Cr, AM and sunset. The snack bar mus: close at that time and use of theool and othercease.fac:.lt:es must A1l users ..test depart the facility within 30 minutes after s-;rn. only se:. Petitioner shall i:r: responsible ter strictly icing these hours. m y except•ens authorized -' as fellows: • Seernight guests ane/•.r resident manager in the _iling units may use ;se unity. :+ There can be as many as six a eves each year in which the facility may be open until 10:00PM. The maximum number of people which may be on the premises at any one time shall be limited to 112 persons. Two (2) weeks prior to each event notice shall be delivered tc the property managers or other owner representatives of the adjacent ee properties of the date of each event. 1 -2- • 154 I The facility will hive on-site management during all hours that it is open and ouch mannrl^mr:rr will al::o remain on-site after closing to ensure that those 7r7t ion.i that need . ., t,': I„loon at t.h': end of each Aerating day to to in conformance with these stipulations are, in fact, done. In addition, the Petitioner will provide to the condominium manager of tr.e adjoining condominiums the name and phone number of a responsible person within Petitioner's organization who can respond to problems or emergencies at the site during non-operating h'urt. /. rood service will be limited to a sandwich/grill type operation. Cooking facilities will have proper c•ior -crabbing exhaust equipment. This will not apply to barbecue-type cookers that. may be , sod at the special ._..:5 described apo':e. e. Trash and garbage receptacles will be enclosed and will be removed from the beach-side facilities at the close of each operating day. 9. The roofs of any buildings on the site, and the pool deck, will be of a non-glare material in a muted color. IC. Lighting shall be designed'so as to eliminate spill over on to adjacent properties. Light poles shall he no more than 15 feet in height and shall be of a :material and color compatible with the design of the facility. 1 . Fading areas will be ut" "-'ed only by authorized users cf the facility, and (on the beach-side) will have devices to prevent ingress and egress to the parking area during non-operating hours. 2. chairs, umbrellas, cabanas, and similar devices ;.plied by the club shall only be used on the beach in of the club, defined as the teach area within the -,._•a enclosed by the property lines of the flub ::tended to the edge of tt;c water. H. There shall be no !-. 1-Sona: waterer.,:r. or ,rer.onal sailboats tHcbie Cats and the like; allowed on the ..ea: . side. .4. _._ :sin connection with access via the Vanderbilt ^a nay not be used for the berthing or mooring of .. tats .n excess of forty-eight (4e) hours. --. !-7?.THER RESOLVED that this Resolution be recorded in the minutes .. s Board. -3- ! sal :`.:s Resolution adopted after motion, second and majority vote. Dcne :his 2.31..E day of J-l.v...:i , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA '��`` Attest as to Chairman's e 5.� s +r+�``��� signature only. e= `�, BARBARA B. BERRY, Chairman ATTEST: DWIGH: E. BROCK, Clerk Approved as to Form and Leal Sufficiency: star jt r__ stud nt Assistant ':runty Attorney 13A1 � rt FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: 1 . Section 2 .2 .8.3.5 of the Land Development Code authorized the conditional use. 2 . Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of : A. Consistency with the Land Development Code and Growth Management Pla Yes L No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egr s Yes C/ No { C. Affects neighboring properties in relation to noise, glare, ecgnomic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district : Compatible use within district Yes -No Based on the above findings, this conditional us- should _with stipulations, co '/attached) (should not) b- r- atmen+es for approval S « 1(Y DATE: a ` (1 - �� MEMBER: 2111117°Y„ ,,- , :/CU-98-, FINDING OF FACT MEMBER/ Exhibit "A" 1 :3A1 111 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: 1. Section 2 .2.8 .3 .5 of the Land Development Code authorized the conditional use. 2 . Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pian: Yes ✓/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, 410 traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egIess Yes ✓✓ No C. Affects neighboring properties :n relation to noise, glare, ecpnomic or odor effects : V No affect or Affect mitigated by Affect cannot be mitisated D. Compatibility with adjacent properties and other property in the district : Compatible use thin district Yes 7 No Based on the above findings, this conditional use shoul• with stipulations, (copy attached) be recomme•:-+ for approval DATE: yt re' '/ > r MEMBER: //‘ .11 --- f/CV-98-7 FINDING OF FACT MEHBER/ 410Exhibit "A" 13A1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: 1 . Section 2 .2 .8.3 . 5 of the Land Development Code authorized the conditional use. 2 . Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes X No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes x No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by J'"r"/"'Ir-"'"- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district : Compatible use within district Yes S< No Based on the above findings, this conditional use should, with stipulations, (copy attached) ( ,1.d mat) be /recommended £o approval DATE: I - y.� MEMBER: r'1/4''7.%.(r�~�' f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" 131 • FINDING OF FACT BY COLLIER COUNTY PLANNING CO7 '1ISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: 1 . Section 2 .2. 8.3 .5 of the Land Development Code authorized the conditional use. 2 . Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. :onsistency with the Land Development Code and Growth Management Plan: Yes , / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, 411 traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes /.„-• No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district : Compatible use within district Yes � No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval . DATE: 6, -L/ - TO MEMBER: f/CU-98-7 FINDING OF FACT MEMBER/ • Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLANNING CCMMISSICN FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: 1 . Section 2 .2 . 8 .3 .5 of the Land Development Code authorized the conditional use. 2 . Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or ..:ses in the same district or neighborhood because of: A. =onsistency with the Land Development Code and Growth Management Plan: Yes ' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control , and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district : Compatible use within distract Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) s oul )not) be recommended for approval DATE: ,, � 94! MEMBER: / • (E: f/CU-98.7 FI:IDIt7G OF FACT MEMBER/ Exhibit "A" 13A • FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: 1. Section 2 .2 .8 . 3 . 5 of the Land Development Code authorized the conditional use. 2 . Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district Cr neighborhood because of : A. Consistency with the Land :3eveiopment cede and Growth Manaaement Plan: Yes J No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control , and access in case of fire or catastrophe: Adequate ingress, & egress Yes No C. Affects neighboring properties in relation to noise, glare, ecopomic or odor effects: I/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district : Compatible use within /district Yes ✓ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (s}ae..i net) be recommended for approval4Lp DATE:___ // f f CHAIRMAN. { f!CU-98-7 FINDING OF FACT CHAIRMAN/ Exhibit "A" 410 ! 4 ;ri i A TRACT OR PARCEE';OF LAND`Sfi'UATED IN THE STA• r RORIOA,'.covtf1. COWER... LYING IN SECTION 52, TOWNSHIP. 48 SOUTH. RANGE ,:' AST. BONG 1.0T10, BLOCK A. THE NORTH ONE HALF OF LOT 11'..BLOCK e AND THE SCtmi^ONE RALF OF LOT.712, BLOCK B, CONNER'S VANDERBILT BEACH.SUBOIVISION. PLATIt,3, PAGES 8 ANCA. 9. CULUER COUNTY PUBLIC RECORDS, AND.BEING FURTHER Ex..)— E0 AND DESCRIBW.'AS FOLLOWS; CO1.41,MEI ICING AT A RAILROAD SPIKE MARI•'NG THE INT'r;RSECTION OF THE•CENTERLINE OF GULF SHORE DRIVE (70.00 FEET WIDE) AND THE NOR5H RIGHT OF WAY LINE OF COUNTY ROAD NO. 5-882 (VANDERBILT BEACH ROAD - 100.pp,'FEET WIDE); AS'SHOWN ON SAID ' RECORD PLAT OF CONNER'S VANDERBILT BEACH SUBMISION, SAID INTERSECTION LYING' N.80'09'15-w. AT 36,78 FEET FROM THE .SOUTHwESTAPORNER OF LOT 1. SAID BLOC". B. CONNER'S VANDERBILT BEACH SUBDMSIOrh,THENCE I1:Dr03'05'W. ALONG..SA7D CENTERLINE OF GULF SHORE DRIVE, FOR T}15.32 FEET;' THENCE N.81'S0'55"E., FOR 35,Y) FEET 10 THE POINT OF BEGINNING OF THE EAST'PARCEL (SAID NORTH ONE HALT OF LOT ! '. BLOCK B AND THE SOUTH ONE HALF CF LOr'?12, BLOCK B); THENCE COrNTaIUE N n,1 `,6 `,.j"E . FOR 200.00 FEET; THENCE N 08'03'05-W.. ALONG THE EAST LINE OF 5.-AID BL•JCV B. FOR 100.00 FEET; THENCE 91'56'551Y.,. FOR 200.00 FEET; THENCE S O8'03.C5-E. ALONG THE EAST RIGHT or wAr LINE •.OF SAID GULF SHORE1 DR,vE. FOR 100 00 FEET TO THE POINT OF BEGINNING OF SAID ChtST. PARCEL, AL5.0 $4T COMMENCING AT SAID POINT OF BEGINNING CF IRE E* 3 p4 TCE.L; THENCE$.$1'35'a5'W. - ACROSS SAID GULF SHORE DRIVE, FOR 70.00 T F.ET THE'}OINT OF BEGINNING'QF THE WEST. PARCEL (';AID LOT 13, BLOCK A); THENCE N 0803'05 P.ALONG THE.WEST RIGTHT OF WAY LINE OF SAID OIJLF SHORE DRIVE. FOR 100 00 FEET S.81'6•657W.;ALONC THE .• NORTH LINE OF SAID LOT 13. BLOCK A. FOR 334.7 rect,ro THE MEAN,HIGH:WATER LINE OF THE GIJLF CIF MEXICO: THENCE' SOUTHERLI ALONG Ex MEAN HIGH.WATER LINE ;TOR 100 2 FEET. MORE OR LESS TO AN INTERSECTION WITI•f ..60U1H IJNE-,OF,SATO LOT 13, BEARING S 2I'56'55-Vi. FROM THE POINT Or BEGINNI ; THENCE N,81'55`5.S'E. ALONG SA.O SOUTH I INE. FOR 327 2 FEET, MORE riR I ESS, T4,'+. ._POINT OF.5CGIt rNG OF THE +BEST PARCEL PAPA ELS COMBINED CONTAIN 53195 SOUA?_ FEET OR•44.4.22:ACRES„MORRE..p?t LES=_. EAST PARCEL (OVERALL) CONTAINS 20000 :.,0UARE x. 4DR'0.48 ACRE, 1JO E OR LESS. EAST PARCEL (LESS BAYOu) CONTAINS 14737 SQUAB=Lt *'9,-OR 0.34 ACRE,19,eORE OR LESS. WEST PARCEL CONTAINS 33196 SQUARE FEET OR 0.7..`r** MORE OR LESS. Exhibit "8” .................-.......................,...,. .............__ ... i . 13 A 1 ••"4.`114/Or, .• s : ,•01 iri .•' ... , "'ft/4r- .....,.. •$'••. • • t •• ............,.........ro.0.4.... • 'I I Z . I ;i r i' - ....-...-.. ' -..• •• . 1 3 1 . . ....------- - 1 .•.-....... . 1 . ‘• •i .. g; . 1 C I 'I '.: , 4 .s 4 :j t• I • , ;- 1 1 i ; e•'i..::. 'I • 4 ., ,;, i I ,f''• ...................- . , • 2 •. /5 ........• • '' I/ :: ••••••••*. .., .., • t:t . ; .. 1., • • !f! if. ::, i• $$ i :: : g • 1 - 1 -- 1 • •• • •• I 1 i • , • -, 11 1 •. _ •-•.. i 7 = • .1 ; Y A 1, !..1111 5 . : V , — A INK ]b 0.4 ..._. ..........._. z 1 I , 1.1-1 I i I 4111 J \... ,.. 1131 t II I n• I r i i r 1 I _ ....._.44 i 0 1 X : .- . :... i i 1 LJ il * .; 'i +.4 . i ! Iftt hi. • i '••'• It 1 1 :f . 11 , Li :1 • A4 . IlL1 1 . 0. r mor : k 4 i. 14111 .se•• ..4 ! • . • :. I • • 1 : • ; t' : : i . :1 I.........mow..+a ive...wearromwomr.bremomow -. • 1 ./,;".-1-.1 • ' I :,i I = : , . ••, 1 • : • : • I 1 1 , 1 t 4• Satstaciso.swsx.-,.-.-..../.....-Z,...Z.6-itsx•rsits......s , : , t •• . i 15 f I .1 ; 1 or 1• 4 1 !,r 1' i a 8, i:p•,i, , , r.. f. it • 4, I tt 1 1 I t •........-••••••••••••• •4 I 11) 1 i 1 1 . ti , ..- , AGENDA ITEM 4-C Cola- o�� e-r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION,GROWTH MANAGERMENT DEPARTMENT HEARING DATE: MAY 14, 2014 SUBJECT: PETITION SV-PL20150000086,RACETRAC AT BAREFOOT WILLIAMS SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: Racetrac Petroleum, Inc. Agent: Kristina Johnson 3225 Cumberland Blvd, Suite 100 DeLisi Fitzgerald Atlanta, Ga 30339 1605 Hendry Street Fort Myers,FL 33901 REQUESTED ACTION: The applicant is requesting variances from several sections of the LDC, specifically Section 5.05.05.C.2.b, which limits automobile service station canopies to one corporate logo with a maximum area of 12 square feet on the canopy face adjacent to a street right-of-way, to instead allow a corporate logo sign having a maximum area of 50 square feet on the canopy façade facing Tamiami Trail East and a 37 square foot corporate logo sign on the canopy façade facing Barefoot-Williams Road, and also a third corporate logo sign that is 37 square feet on the façade facing a vacant commercial parcel to the east. The applicant also requests a variance from LDC Section 5.06.04 F.4, which limits single occupancy parcels with double frontage on a public right-of-way to two total wall signs, each sign on a different facade, to instead allow four total wall signs, one on the northwest building façade facing Barefoot-Williams Road and three on the northeast building façade facing Tamiami Trail East. In addition the applicant requests a variance from LDC Section 5.06.04 F.4.e, which limits non-illuminated, non-reflective signs located in a window to cover a maximum of 25% of the window area, to instead allow such a sign to cover a maximum of 46%of the window area. GEOGRAPHIC LOCATION: The subject property is located at the southeast quadrant of the intersection of Tamiami Trail East and Barefoot-Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County Florida. (Please see the location map on the following page.) SV-PL20150000086, Racetrac at Barefoot Williams Sign Variance April 22,2014 Page 1 of 7 : ., m I i n 1 r s � � 11 F I O ` Y • if 1-'.‘,/ ��....t.yah / ..rt WO' MIK X C) — 1 D at _ I�_ i leis :1 J i- - � � 0 9 /8 L--: s1---i g/ -�- 6 - A _ _r-ii D it�_ _� ,I ;Hi1 Ili, s OMill .,./ , 00 . t , _..... '2 :3 1 1 1'6 AI I u } a r i 11 1 PLI7 / 1 , ,L mg h, ii lilt II _ g � ! W1 I � a Z .0) 1.4-71.1111111810!AM1 0 IIIIII3 i i / 4 ---_ p d Ci �F1C� r raw swig,. gnu ma swum',111111SMB MUNN ME 1° a � 2 • N { i Z !F: Z ,0 #1* K 411400, 4` s 13 i < o PURPOSE/DESCRIPTION OF PROJECT: As noted above the requested action consists of the following variances: First, the applicant is requesting a two part variance from Section 5.05.05.C.2 which limits canopy logo sign areas to 12 square feet on canopy faces adjacent to dedicated streets or highways. The first part of this variance is to increase the logo sign area from 12 square feet to a maximum area of 50 square feet on the canopy façade facing Tamiami Trail East. The second part of this variance is to increase the logo sign area from 12 square feet to a maximum area of 37 square feet on the canopy structure façade facing Barefoot-Williams. As noted above this request is from the provision of LDC Section 5.05.05.C.2 and if approved, this variance will allow a total of two logo canopy signs with a total maximum logo area of 87 square feet. Second, the applicant is requesting a variance from Section 5.05.05.C.2.b which limits canopy signs on facades that face a street right-of-way to instead allow a canopy logo sign on the northeast sign of the canopy, which is none street facing side of the canopy. Additionally the applicant requests that the size of this logo sign also be increased from 12 square feet to allow a logo sign that is 37 square feet. Third, the applicant is requesting a variance from Section 5.06.04.F.4 which limits single occupancy parcels with double frontage on a public right-of-way to two total wall signs, each sign on a different facade, to instead allow four total wall signs, one on the northwest façade and three on the northeast façade. If approved,this variance will allow a total of four wall signs. Fourth, the applicant is requesting a variance from the provisions of LDC Section 5.06.04.F.4 which limits non-illuminated, non-reflective signs located in a window to cover a maximum of 25%of the window area,to instead allow such a sign to cover a maximum of 46%of the window area. If approved, this variance will increase the window sign coverage from 25%to 46%of the window area. The applicant provided with the application a list of the above requested variances in a format most often used for a deviation request as part of a PUD or similar rezone petition. Because this format provides more information than normally provided for in sign variance requests staff used the provided information in our analysis and staff report background/back-up for the requested Sign Variance. SURROUNDING LAND USE & ZONING: Northeast: Tamiami Trail East right-of-way, then developed County Park, with a zoning designation of Pubic Use District(P). Northwest: Barefoot Williams right-of-way,then developed commercial business, with a zoning designation of Commercial Intermediate District(C-3). Southwest: Developed residential community facility, with a zoning designation of Residential Tourist District(RT). SV-PL20150000086,Racetrac at Barefoot Williams Sign Variance April 22,2014 Page 3 of 7 Southeast: Developed commercial business, with a zoning designation of Commercial Intermediate District(C-3). - 3 - h. h. i 1--- '' P s./. —--, 14 f i '.t* ' 1 Subject parcel proposed t .A J�' •' RaceTrac development. a - b, • grit, 14 • r a - 'frit. ;Ir°411/11:. ' ir, , .,4r *, `,... , 4 t • .,.? _ n 14. A saarA _ra _.„ • 'mow :. ,.., . , ,.. . 4r .,. Iiirt k ' e r y, a 141 I t. f +. �I '' . \'8 ` - .,.._ ', '44i 6 P te p •A , r "4-. Ate' s� ! - • e Apr -0,..A.Gz.T q... _, „, , :,,,..... 4 _ 4', r.sk?'",Q0). 4'"*". 1 . _.., ., 40,a kK. ... I ni 11 [a- " ` ' .: m a a • ril .M' 'art '... z 4 . 'r 1, t.'' r i' i '� 1„ o ` � ' t' .a.4,,-,---wf . - . , ir :_... , C+ {� • ' ,4".req ,l` ! Ailittfit ro r AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Coastal Fringe Subdistrict of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The automobile service station use currently under construction is consistent with the Future Land Use Map. SV-PL20150000086,Racetrac at Barefoot Williams Sign Variance April 22,2014 Page 4 of 7 Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. ANALYSIS OF SIGN VARIANCE CRITERIA UNDER LDC SECTION 5.06.08 B.1: Sign Variances are heard by the HEX pursuant to Section 2-87 of the Code of Laws and Ordinances. Before granting a variance, the HEX must make a finding with respect to each criteria under LDC Section 5.06.08: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. As noted in the application by the agent, the RaceTrac corporation logo relies on its corporate name rather than a specific unique or recognized logo shape or symbol. Additionally the agent notes that northwest bound traffic on Tamiami Trail is required to access the proposed development utilizing the Barefoot Williams access which, when combined with the site location on Tamiami Trail East, results in a combined special condition that is peculiar to the site location and site characteristics. The agent adds that providing larger and more numerous signs will assist the general and visiting public in using the access point(s) into the facility. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The literal interpretation of the LDC may result in the reduced ability to easily locate this development by the public, more specifically the visiting or vacationing public in the County, thereby requiring additional turning movements to access the site. Furthermore, reduced LDC minimum signage may potentially create inconveniences to customers utilizing the services and or cause confusion within this well traveled roadway. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. As noted in the application, RaceTrac corporate logo relies on its corporate name rather than a unique logo shape or symbol which, when combined with the site location on Tamiami Trail East results in a combined special condition that is peculiar to the site location and proposed development; and is a special circumstance that is not a result of actions by the applicant as it is unlikely that the national corporation will revise its company logo to meet localized standards. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. SV-PL20150000086,Racetrac at Barefoot Williams Sign Variance April 22,2014 Page 5 of 7 A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. The granting of the Sign Variances requested would allow for additional number and size of wall/canopy signs. This sign variance confers a special privilege on the applicant. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land,building or structure. As noted by the agent, "The requested variances are the minimum needed in order to clearly identify the site as a RaceTrac convenience store with gas services and to notify the patrons at the pumps of the food offerings in the convenience store". The proposed variances appear reasonable given the information provided by the agent. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Yes. Section 5.06.01.A. of the LDC states that the purpose and intent of the sign code is to provide minimum control of signs necessary to promote the health, safety and general welfare of the citizens of Collier County, Florida,by: 1. Lessening hazards to pedestrians and vehicular traffic; 2. Preserving property values; 3. Preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight, 4. Preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county; 5 Assuring good and attractive design that will strengthen the county's appearance and economic base,and; 6. Preserving the right of free speech and expression in the display of signs. In staff's opinion,the request for the proposed variances reasonably meets the intent of the LDC. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has (NOY YET)reviewed the staff report for SV-PL2015000086 on April 24, 2015. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition SV- PL2015000086. Attachments: A. Application. SV-PL20150000086, Racetrac at Barefoot Williams Sign Variance April 22,2014 Page 6 of 7 PREP_ ' D BY: 1 401 Atfigiti' IC , :L SAWYER, P' 0 JECT MANAGER DATE ZONIN DIVISION REVIEWED BY: r ,(7,,,A_____ _ 4 . 24. 15- RAYM D V. BELLOWS, ZONING MANAGER DATE ZONIN DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION 1 I 1 SV-PL20150000086, Racetrac at Barefoot Williams Sign Variance April 22,2014 Page 7 of 7 I. Co(t'ie. r County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SIGN VARIANCE PETITION LDC sections 9.04.02,5.06.08, & Code of Laws section 2-83—2-90 Chapter 3 I. of the Administrative Code PROJECT NUMBER i PROJECT NAME To be completed by staff DATE PROCESSED I_ APPLICANT CONTACT INFORMATION Name of Applicant(s): RaceTrac Petroleum, Inc Address: 3225 Cumberland Blvd, Ste. 100 City: Atlanta State: GA ZIP: 30339 Telephone: 770-431-7600 Cell: 440-938-3324 Fax: 770-431-3953 E-Mail Address: Thardy©racetrac.com IIIName of Agent: Kristina Johnson Firm: DeLisi Fitzgerald, Inc Address: 1605 Hendry Street City: Fort Myers State: FL ZIP: 33901 Telephone: 239418-0691 Cell: 239-285-6999 Fax: 239-418-0692 E-Mail Address: Kristina @DelisiFitzgerald.com ( I Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. • 2/12/2014 Page 1 of 5 ■ Cod-ier 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 description on a separate page. Property I.D.#; 00447760000 Section/Township/Range: 33 X50 j26 Subdivision; Unit: Lot: Block: Metes& Bounds Description: Address of Sign Location: 11700 Tamiami Trail East, Naples FL Current Zoning: C-3 Land Use of Subject Parcel: Vacant Commercial If a wall sign, length &height of wall upon which the Sign will be secured: See attached Width of Subject Property(road frontage): 340' +/- NATURE OF PETITION '' 1. On a separate sheet attached to the application, provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15 ft. to 10 ft.; why encroachment is necessary; how existing encroachment came to be;etc. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a-g), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: a. Are there special condition and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. 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. 2/12/2014 Page 2 of 5 • Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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? 111 • 2/12/2014 Page 3 of 5 Cofkr County 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 I. of the Administrative Code for submittal requirements.This completed checklist is to be submitted with the application packet in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW OF REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County 6 C ❑ website) Pre-Application Notes 1 ❑ Affidavit of Authorization signed and notarized ? 2 ❑ Survey or Site Plan of Property L 6 l :1 Location Map depicting major streets in area for reference 1 J __.. Completed Addressing Checklist 1 © ❑ Once the first set of review comments are posted, provide the assigned project manager the Property Owner Advisory Letter and 1 ❑ ❑ Certification Electronic Copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all . 1 © ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: •I • 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. FEE REQUIREMENTS: $ Sign Variance Petition:$2,000.00 II Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 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 As the authorized agent/applicant for this petition,I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal Information may rest in the delay of pro ess thistition. '"N 7//7//S' Applicant/Agent Signature Date Brian Thornton, VP of Real Estate and Engineering Printed Name/Title 2/12/2014 Page 4 of 5 { Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I,_Brian,Thornton (print name),as Vice President of Real Estate and Engineering (title,if applicable)of Racerrec Petroleum,Inc (company,If a licable),swear or affirm under oath,that I am the(choose one)owner ✓ _applicant !contract 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 unencumbered by the conditions and restrictions imposed by the approved action. 5, We/I authorize Deus)Fitzgerald 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.pres. or v,Ares, • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed 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 be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance,first determine the applicant's status, e.g., individual, corporate, trust,partnership, estate, etc., and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In it are true, 1 / Signature Date STATE OF FL6Rif3A GeerG�(G( COUNTY OF GOEHER F(i( () The foregoing instrument was sworn to (or affirmed) and subscribed before me on l? 11/14. (date) by I; t3'I(�d�1{4 QYj, -ne of person providing oath or affirmation), as � (. I'P ,./(ejlt who is personally known to me or who has produced of identification)as identification. GH STAMP/SEAL •,� �y� • G'( t� Signature of Notary Public j 1) �ti �c tOIV eta%, <‘;‘., 0'.,0S-004.-00115.1S5 :� • ": t7 ill 2/12/2014 �r �'•: �RCt ',:� C? :* Page 5 of 5 '�✓i viv CO1S"���t'�N" �t»rrtt�et�r • January 13, 2015 • DELISI FITZGERALD, INC. Planning-Engineering-Project Management Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: RaceTrac at Barefoot Williams Sign Variance Petition To Whom It May Concern: Attached for approval, please find the following items as they relate to the above referenced project: 1. One (1) check with the amount of $2,925.00; 2. One (1) original and five (5) copies of Completed Application; 3. Six (6) copies of the sign package; 4. Six (6) copies of the Variance Justification; 5. Six (6) copies of the Hearing Examiner Justification; 6. Six (6) copies of the Site Plan prepared by DeLisi Fitzgerald, Inc.; 7. One (1) copy of Location Map; 8. One (1) copy of Completed Addressing Checklist; 9. One (1) electronic copy of all plans and documents; If you require any additional information, please contact our office at (239) 418-0691. Sincerely DTIISL TZGERALDTINC. 71% /John T. Wojdak, P.E. Vice President cc: Tom Hardy with attachments Project No.: 21310 L:\21310-RaceTrac @ Barefoot Williams Road\Permits\Sign Variance\Sign Variance-Cover letter.doc 1605 Hendry Street^ Fort Myers,FL 33901 ^ 239-418-0691 °239-418-0692 fax /': '_ ,I 1 L.2.1 .1 ' .,.ji, d ,.= — ."" „1,1 ;1 i,.. r 1. . ...... L ,...„ ;... , , \ 0 ' = 1Irt 1 4 ' `tea. f Y , 2 <,/ ' .<.' 1 "_. -rte W r W k '"*.� A-- ,..,-.• 1. • IA ,1 w T4 /V‘ ,...; ,�.fr- I ,-- :' WLW�t SOU LEVARD(414$1) ,,.,. a ► • ::may 0 DELISI FITZGERALD, INC. Planning-Engineering-Project Management RACETRAC AT BAREFOOT WILLIAMS: HEARING EXAMINER CRITERIA The Sign Variance request package has been prepared to meet the six (6) criteria as set forth in the Land Development Code Section 5.06.08.B. The sign variance is requesting signage on the fuel canopy that does not face a right-of-way, an increase in the allowable square-footage of the fuel canopy signs, a total of three (3) signs on one (1) façade, and a window sign with a total window coverage of 46%. The Variance Justification submitted with this application further describes each request. Please find the six (6) sign variance criteria below with an explanation of how this proposed sign variance addresses each: Criteria 1: That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. Explanation 1: The RaceTrac property is located on the southeast corner of the intersection of Tamiami Trail East and Barefoot Williams Road. Tamiami Trail East is a 200' right-of-way and Barefoot Williams Road is a 60' right-of-way. RaceTrac proposes connections to Tamiarni Trail East via the property to the northeast and Barefoot • Williams Road to the northwest. North bound traffic along Tamiami Trail East can only enter the site at the intersection of Barefoot Williams Road by making a left turn. The sooner this traffic can see the Race Trac gas station the sooner they can make the necessary lane changes to enter the site safely. This limited access into the site for northbound vehicles makes the visibility of the signage very important. Criteria 2: That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. Explanation 2: RaceTrac does not have a corporate logo, their name is their corporate logo. Code limits the size of a corporate logo and for Race Trac this results in a sign with illegible lettering. Also there are proposed signs on the convenience store building that do not exceed the allowable wall sign area but do result in three (3) wall signs on one (1) facade when code limits the signage to one (1) wall sign for one (1) facade. The proposed additional wall signs are a permanently affixed window cling and a permanently affixed wall sign. These additional signs are intended to be seen by the patrons at the pumps and have been sized appropriately. Code does allow additional wall signs but specifies that additional wall signs should be located interior to courtyards and not visible to public properties. The proposed convenience store building use is not conducive to courtyards however the additional wall signs are not intended for passers-by. 41111 1605 Hendry Street°Fort Myers,FL 33901 .239-418-0691 .239-418-0692 fax 111 Criteria 3: That the special pe conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. Explanation 3: The unique access, existing right-of-way widths, code restrictions on logos, and wording of the wall sign code are not results of the applicant. Criteria 4: That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or . buildings in the same zoning district. Explanation 4: The fuel canopy signage is necessary in order to notify potential customers of the RaceTrac's location in order for them to make the necessary turning movements to enter the site safely. Also the proposed wall signs on the convenience store do not exceed the allowable square footage or the overall window area on the facade. Therefore the requested variances are not considered special privileges. Criteria 5: That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. Explanation 5: The requested variances are the minimum needed in order to clearly identify the site as a Race Trac convenience store with gas services and to notify the patrons at the pumps of food offerings in the convenience store. Criteria 6: That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Explanation 6: The sign variance requests are consistent with the Collier County sign code and no negative impacts are anticipated as a result of the requests. Additional information on each request may be found in the Variance Justification submitted with this application. } • 2 1111111111111k Collier County BCC 12/24/2014 8:50 :39 AM PAGE 3/007 Fax Server 40. 0616 R: I DI c 2.3, 2oP4 2;24PM II „ . 110 ' i EXIOLDLIC10000 & ri,4 tal -4ill 1 A ,5t I v i I i 4,ii;ir.ii,,,ififfilrk 1 1 5 R '7' '4"....156..yr,1 11. 1,-, 1 I tt- a Ills,- 46,4 1, 'q v LI 4 4 tl 4.1%,gt g . x../ -4 11 7.44 i4 g.4 1 i Ei 1 ,I 41, If 2 t.'1E i'' 1 NI'' i tl, i' • t f .1 ti i gi a .4'-, a f 42c, 04 ... t - — J 1 g ,,,, k; 114:, m. fo 4't 4 • 21 4....11.tr. ):ii 1 i i pg p , ,,,, • , , .,,. # g 11 vi 4 tt 44 1 • 5,. t., 'a 1 1 DCONLUCIMOM .-t 1 7.4 r''' tIrctl f .s k cces.%:5 /c4L4 al •., 2 i i A S 11'''e ' :.?'"'"71X-b 41 $ i ; •2,1-r.- ......S ..4%. 4, 0 ..,z ,;,F, -3.a1'5%,-,04.1.Z, it 1 , i:4 I R-Rif t tk I t.,— Fi ,Elk 'h,, l. 7 t'llg It Ill.— 04`.1 .,9 i g -,' .4. a ex ii -- xl ,.., I '. ii‘ 1/19P-41 2 1 g .4 . , 1.- . n-il: a) - ? . *' ,-,,n 's't 4 3 , 4 . ..1. i lb . km v #1 I i ' 11 E •' t ;1 i . 1 r At 21 l' to ' .. 1 411 ! , 1 .,., t 1 I , , i if, ,t„, 4..._ it , tx,,,,, Collier County BCC 12/24/2014 8 : 50 : 39 AM PAGE 4/007 Fax Server A.4.....Q,.a .2014 .2 44 PM 4110 1 i i i it i i i: i % i 1 li,;, ti tif ..„. a 41 , us'tu L . A m A.,...m ; . g 4' 1 .„.„ 3;4 : n , ,, 0 4.. gflii 4• $1 -, >• ) ..g.. 1 44 •. , „..,... ...4 i _ ,.... I_ • . / = 13 ag -• 1 e : 11%6 13. E. ' ; q 4-- ' hoi iz [ k 2 0 , 1 , • ',7§ <,,.'t ; t4 11 7..."4" i. . ,...1 ..›. P3 5 . t.,0 • , ...n m 44 0 ,O 1 9 g , ... a- . ss .... —x g,. -i 411 1 / , , r '41 P 7,1 W ' 1 D , g I i... 1 i f t i 0 Collier County BCC 12/24/2014 8 ; 50 ;39 AM PAGE 5/007 Fax Server Dec, 23. 2014 2:24PM No, 0690 P. 3 '1 0 A ` i 111111 /Mkt,^* 7 K n��� --74,7-g--.' H K ` �` C w er ,. ,,,,,k,,,!,/..; ,,,,‘• ,c.- i i_d , 0 , 1 ,,-) ' ), .- }.. te. nZ L 6 , ,----- 41w*41.r4 `r- r }`^ �� // f ! i I , 3 p . 411 �± 8 1 F Collier County BCC 12/24/2014 8:50:39 AM PAGE 6/007 Fax Server Dee, 23, : 2014 2'24PM No, 0690 P. 4 • i II ..,./f : #' r 7 r � w,, 7 r' y; �a fr r —NtiS4 Mr / E i ,,r / :,,,w✓; ,// ,,,�.� r .. w // /` • 'fl'i/ ,0,-` ! Lq I // n1 /, /itp . . * o� � /l w 1110 ''`/,' i ,rf x'' i 8 0 cn rZ1 �r f !// � eta / ,d' *G/ 14�tea/ n '" •ir / 1, { i iMt CA pi in•�Ayw1mow Mr..,i•,yluiri�lnslt=rJf1p 7 i ) 1 i)1 Ni�ijl F "i � Iiilril Ii ' ! )r<tIPi ' , pp '11-1111111 I 11111 ijt i iiii, ill I °AI = ri L- t.-7 ii . , d 1 1 * ..r i-.- II-11 ► ' i 11 1 MJ 111 ; ! ;! ! I.1 1,l ! e f41111 r / i1 t x :.iE 1 4 .:0=, ,41 li { • (REvrsED 2/13/15) DELISI FITZGERALD, INC. Planning-Engineering-Project Management RACETRAC AT BAREFOOT WILLIAMS: VARIANCE JUSTIFICATIONS 1. Deviation: Section 5.05.05.C.2.b. (Canopy Sign Area) The applicant is requesting a deviation from the Collier County LDC Section 5.05.05.C.2.b. which limits the maximum sign area for the canopy to one twelve (12) square foot corporate logo to allow a fifty (50) square foot corporate logo on the canopy facade facing Tamiami Trail East and a thirty-seven (37) square foot corporate logo on the facades facing Barefoot Williams and facing the vacant commercial parcel. Justification: Race Trac Petroleum, Inc. does not have a corporate logo similar to some other corporate gas station companies. The corporate logo for Race Trac is their name and by limiting their logo to the allowed twelve (12) square feet results in an 8.4' wide sign with 1.4' high letters. With their letter size reduced the sign would be difficult to read on the canopy and possibly unrecognizable. In addition, Race Trac wishes to have a recognizable appearance in Collier County. Color banding is prohibited; therefore it is important that their logo on the fuel canopy to be recognizable. This recognition is important for motorist traveling on US 41 who wish to enter the Race Trac. The signage needs to be recognizable from a distance so drivers can safely maneuver as needed to enter the Project. US 41 in front of the project is a 4-lane major arterial with a 55 MPH posted speed. At this speed, vehicles travel over 80 feet per second. Allowing the drivers to recognize the destination in time to safely maneuver to the needed turning movements is a critical element of the canopy signage. 2. Deviation: Section 5.05.05.C.2.b (Canopy Sign Location) The applicant is requesting a deviation from the Collier County LDC Section 5.05.05.C.2.b which only allows canopy signs on the canopy face that is adjacent to a right-of-way to allow a canopy sign on the southeast side of the fuel canopy not adjacent to a right-of-way. Justification: Race Trac Petroleum, Inc. has frontage on both Barefoot Williams Road, to the northwest, and on Tamiami Trail East, to the northeast. Canopy signage is proposed along each of these rights-of-way and a canopy sign is also proposed on the southeast side of the fuel canopy. Although the southeast side of the fuel canopy is not adjacent to a right-of-way, the existing 200-foot wide Tamiami Trail East right-of-way limits the view to potential northwest-bound customers on Tamiami Trail until they are close to passing the site. In addition, Race Trac is not allowed a color band on the fuel canopy and the proposed sign on the southeast facing canopy allows potential customers to see the store sooner giving them more time to make necessary lane changes to safely enter the site. 1605 Hendry Street• Fort Myers,FL 33901 • 239-418-0691 •239-418-0692 fax The front canopy signage is relatively close and parallel to the roadway. In this alignment the motorist's view, detecting and reading a sign is generally restricted to quick sideways glances as the sign is approached and the angle of view becomes more constricted. The proposed signs on the ends of the canopy are to allow the preferred perpendicular signage which can be recognized much easier by drivers. While the future development of the remainder of the parcel to the south is unknown, Race Trac has secured a building restriction area on the adjacent development site in line with the back of the canopy. This restricted area and the proposed entry road ensure visibility of the proposed canopy signage regardless of how the adjacent site ultimately develops. As stated above, the canopy is oriented closer to US 41 to be visible by traveling motorist. RaceTrac understands there is existing residential development to the south and has oriented their site to the roadway was much as possible. To address Staff concerns of the visibility from the existing residential developments, Race Trac proposes to increase the height of the proposed screen wall to 8 feet. This wall runs along the entire back of the Project. 3. Deviation: Section 5.06.04.F.4. (Number of Wall Signs) The applicant is requesting a deviation from the Collier County LDC Section 5.06.04.F.4. which limits the number of wall signs for a single occupancy parcel with double frontage to two (2) wall signs, one (1) wall sign per frontage, to allow a total of 40 four (4) wall signs, one (1) wall sign on the northwest frontage (facing Barefoot Williams Road) and three (3) wall signs on the northeast frontage (facing Tamiami Trail East). Justification: RaceTrac Petroleum, Inc. has frontage on both Barefoot Williams Road and on Tamiami Trail East. The building area is 5,928 SF therefore the allowable sign area shall not exceed 150 SF on each facade and shall not exceed 20-percent of the facade area. The building's northeast facade area facing Tamiami Trail East is 2,280 SF +/-, based on the building square footage, the allowable sign area is 150 SF. RaceTrac is proposing (1) 41 SF identification sign above the entrance on the building's tower element facing each frontage, one (1) 28 SF Swirl World sign, and one (1) 66 SF window cling. The 28 SF Swirl World sign and 66 SF window cling are intended to be seen by the patrons at the pumps and is not sized or intended to be seen by those traveling by. The total proposed sign area for the three (3) wall signs on the northeast facade facing Tamiami Trail East is 135 SF which is below the allowable 150 SF and is only 6-percent of the total facade area. Furthermore the allowable sign area on the northwest facade facing Barefoot Williams Road is 150 SF based on the building square footage. The northwest facade facing Barefoot Williams Road is 1,176 SF +/-, and Race Trac is proposing one (1) 41 SF identification sign which is only 3.5-percent of the total facade area. Therefore the applicant is meeting the code required 150 SF with their signage on each facade. No negative impacts are anticipated by allowing the additional signs facing Tamiami Trail • East. 6. 41/ 4. Deviation: Section 5.06.04.F.4.e. (Window Coverage) The applicant is requesting a deviation from the Collier County LDC Section 5.06.04.F.4.e. which states that the window sign area cannot exceed 25-percent of the window area to allow a 46-percent coverage for the proposed window cling. Justification: RaceTrac is proposing one (1) 66 SF window cling on a 143 SF window along their northeast facade facing Tamiami Trail East This results in a coverage of 46-percent of that window. However the total window area on the west facade is 618 SF which results in a coverage of 11-percent. Although the proposed window cling covers 46-percent of its respective window, there are no other window signs proposed for this building. Also the window cling is translucent allowing natural light to enter the building. The window cling is located on a window which opens to the closed room behind the yogurt equipment and does not reduce visibility in or out of the store.. This equipment is on a wall with a prep and storage area behind it such that this window does not provide visibility out the parking and dispensing area for employees. The other windows on the front facade are open to the parking and dispensing areas and no window clings are proposed on those windows to maintain the open view for both employees viewing out and in if necessary by law enforcement. Therefore no negative impacts are anticipated by allowing this coverage. ID 410 • 1 ,Ti -.1j '114"%%,,,X 1 43 a 5 (.1 ITv 6 CD-4 tki 00 0 (D Cr .9. iti i 0 3 m iie cr t a) N 5, 1 g lb -it ,p — N 141 V Nj 1 Q 1 4 ,f 14 -c, V 71. 0 =x „. gill , I Cl) I II 1 I CD • i rr I ! �' 7 .7.....1.„...„j'-------.— t— 1., — c-)‘ fni coar*limpliri,,,— ---,. .. ..... _._ ....,.,-r:....„,.......„ . t • 'iI; ) ( „„,, _Ai mi., , .. ...... .. le f 3I1 a ,, 0 N 0 I/ , = ( 1111:' l Wf I I i / / , I 1 / .:' I &V t'--; Ping Lii,F2, 1 --= , — , G '� 1 i 1 �. s r� I _ ♦ q i 02 / r "....__I , t . -I ..,.. 0 1 1 Zi os Hle1 1 i ! il P 1 ili41 \• 1 ':4' ' . l r I- I j i i a I' I3 ; 1I. lul Hifi: 101111h-I Ili .1 . . l '', 0 gi I NI: .. ; 1 t ! 11 ' !! 0c] di, ....11. 1 0 ® ® 00088 i F - .20 i 1 3' i _1) P f P P P P ” tG t7 Cf y � N y � Cn i 4. ,1.. 1 Et 1 -.-.„ 1 A•lii11111111111111111111111111 1 ill ii ' " I . cntr. tc, ., . * 77Q1 �f t �ii� .. s:��.�� .1 i o > > 11 cN $i 1 iiiifl 0 rr 0 CI. {r .,. ` 8 ', t i- 8`. inn Y�`j . I _. � -cam 1 �i1 �,. DJ< , m t an illmak* 9 3$ , f1t 1 T `'3 _ :---' d�, � it=:) �� -- _. • i C7 �'imam at �� g OMNI - G� �-r t s ate: rNNW �� �; �1 r f8 � ■■ I 102 Zill 1111. AA 7I _ 444 _, '_.. z I- IMO 1 01 1 i�j m':. cam. T • r r r c_ \.....,, 2 !-m !" EMI Go � ' ? .........MIMI , = I ' • 1 . • i 1 �` _; :i i �, 3" p— 1' z. Y rie y� } -•�,.:, .•� i- R. 1. CQ irli; W q/4, ..,7',..; u A C) N N m 19' 9" cn 111 Cu 0 0 zcif. Cil. i i '�_ita g ,' .I 'i i L';N r ,:ilk .#'- a . Q C O o o MI MI ..0*iii 1--;)] 0 al m .. CI) CO iii. f , I i (fl (1Q Z > > ( n • (i3 m a CD � 173 haprismigivaRliti is I, f i �, W tf d I i^ 1. I: e;' `,...4i-,,, i11:,.t ,�i s 1141,. . ..ia ` . Ziiiin 11, 11111.k r 111 W w2 0 - Is .. . CD m 1 O d 9.: m .1„ I I il 0 , W W cp m I I V■ Vi tr 6 ...-1 a e ig e 03 03 3 S . TLk ! y. -` o � y, i', - a I F' 4 � :, t?I �!r,� �t� r: I'll, (A fA D i9'-1 -I, �, -, 4 cp Du m aA if 'g IN €} 13 !lb CO gii CQ 116 I i , .e rocs 0 CI. • c 0� A vi c 0 r- 7 n 02 T ].i/ O 0- 0- 0c. a ca a cc g C g- * '.i t' �,,-. . .! �'; �vT ''+t o 7 9: s ‘' �n * •< .o �� t t;„ m B CD --43 co — ‘<E f• 3 CD vow 73 0 C0 A CD I tiji cin o a ., 41 o _ 1 E a I = CA) N 3 , i »p 7 o co ;.-N, ViI to fr,= ;'` .. - me — 0 t �^. asn p i CD ( i - ! M� r".R I .,.. I { 11 It"- o ca m N- V CD n N (CI a tel N O di r+ C) i r ti) 11I li tii 11) Aii'l CQ lii V sill I V/ �S N , -- . ' B1 Com' w O o =c, . 0 (/) O� a) 03. CL D r II Q a 15' 7" = CD y " " ,( �y '4# I m ,4,a,' :'fir$� n,sI . . :";.t cg ., !Z CI) 1� ti` r` + . - �, .'A ;,'Cn LC •.♦1, • . , AO ditl&. -° I :f ' * ' * ',r401 0 fk . Co) rri cz 1110 iikle 0-14‘.....11. '41:,..,*'11,1.,_'..: * * ipirei 111111A0 1 CD I Ill (a C77 CO —i O hi r+ co v R co d ca ca e at 03 i' di3he R]]esf C7 v1 IIIIO O oCn c od Ota 0 °,4;14) n 1 V/AO -rt go 0- ma m O v CA O N C Ah r W rn oIn cm m Ellid to Q o _ m m m Z �, C7 o° Br!t 1 p C C!) C N A a 01 z O ' su 4 A r IV 0 0z X .•.,., .1 -I N _ v M T� F a z miimaiimm0 v ra :34 0 (C:2 Al i i i ti; 1 0 I 01 MK 152 CO m E z- O '17 S cn 70 C..' N Cl) • C 0 -1 o .. ooo "pC o ff C o � (Anctc- rn o < O0 Nr - n m ox `. " D 11174 0 OrcOOlEr$ 4m2 z -o '� > Z O 2 xoLc n < -• IT, 7 mC � M 50 O- C > Cg - m -C m• - $ 3 z 0 1 Cl) � N � CRI 0m m7. - 0 ' ox zc '- ,r 1 klig I al 4.. O O co, A C° 0• 08= 2 Con r. (A o m m m _ mEm O to C77 a4. N �_ Q1 til 11 O � m U . 113 1? m !• - 0 rn IIIm r vim an r ' zz 04Dy ¢ fSi@, 1 i ;Fi ,' 11111111111 'ir cpA4 § z'a8' ( j 45 1111 m im�Nft 1 m4z f 1114 r r,g . 4J g,124 q,27,f41. !,. if A • 111111111111 �� i otill N°:p�pzt,,,,,,,,, ---) '---1*ii 1 k Awa \- ay j \(c.". �r i PI _ .,---+ •zg5 II . , h, ci, a , O ,,, Iw ■■ __ 0 I� i W � co y ZITII 13 co CA n 7 1= M rr. m > > m 2' 47/16'i r- * m > m c - GO -ooRoomr = > 2' 113/16'Z0Zm5 - - m > -4 -1 `nZc .� IRFN � azZ ' r - -1OrC1 0 > C › z ' p Z 0 ZTxoCC CA { < E-7 .0 : Cg 0 C o C I > IC • Y C r m 730 7< a. TyD Z Z Z D MII:44 ' .1. =Mb. CZ ..,. Z .. M v C n m e , izi > S5 � mn 0vocm � n mv " -1z 7-TIP te vvOOv , 1111111• .4 c onV NmC � n m I mom mnMm ' -.i Zili - m CvU1m ;71- 471;: N CA ' ;6 v,� m m r z D o m � . v Zill am cam 6.21 11114 ' tl zz 5 3 7�� a>a. e s y 6s g N °Pow ? 1 F-4,0 g 0 111k gsig 14*3 yyN tg gt if I � ono i '_ =ggy 4 :1.I i2 ______� -t. —._ 5 Di I All , 2 323 nma aiI4 z^ 4 oP m$m m0 07- r n , „, ,• 04 CD - i N t O N §1 8-0" D alO mvtmcnm N N N - ����' - ] xm �� zn (I) . m 2 ' m. m 2'-3 5'8" S'0" 8 3/8" T m �o °' �a3Edc Qa �c3N D. 1'-1/7 3 c d I � ro 3 m m w O O ? � xn' w� wcc �% 915/16` f £ m 3 N b w 11 w..'^C d 01 6; N —N_ 7 Sv $ O CD O Fr. N m o N O�y a O V Q f9N.. 7 S Z � - C OU d(9 l0 c SCe A c, O ` r �. ooliflotte -8. Cc $ o m . g �k E XJ D 1 da r o v0 .. dm -1o rilliii jo 2 5 CO a £a-0 m m g a m m QO 0 d (D re, w M m * O !!( V adcm"cmrE o a 0. a� cr) , . ,m 6 mgt /�� N f7 N 4 .N.. W a n :. k ' •I lD S�6 .N. C N m ',,. c1 O m o ; N a 2 ' 1 Plus Diesel - o N a o n a C �, 1 ci -VI 1*11 { .�� o m a- 2 v m -. a i ,1 {' W W - '� cc a o, o moa g W d a 4 ID' m +Zi na0w --= -' kr. m CD •fD m K V tti 1, 7 0 co -I3 c3 w 3 0 V +_ I _ c m • 3 D a al m W C m Ili m w a a co w F N G p N m 5 xi m fG F n 3 +. 1 D Fii o _. no V 7 N 8 N l$ a H 0. m Q N F Q < t Oi ca,' m co m m co a m .41 c 0L t , vo c Nf °c m o, S. f o ? piP it. jiIi •s 02 cm a s $ v 8 f g I;flm ii. 4. IIP 1 A a,33 k � �F s n E x 4 1111. Ii a 3 = <_ a r. m m o w s O 41 ¢4 �5 w C S T Q w n 3 bG• a -E o 3 8 m N ch lij. l,i3 I. i • . 1 11 ......._ . ii. 0w,.........., , f. f,: 1 t 1 . 0 : 0 CO .! , . Ft I 0 • El, li . , E1 ©®®000 .. o ' iiiiili , IN l13 i 1 • --- ,� '" RACE RAC PETROmono.Dim LEUM,OLEUM,INC FNGINEER aaw o.op,u I _, DELISI FITZGERALD. INC- U 91 Z Fa,nfwiq :.nyfnbn^.np-Pn ytY MamspeY.w+if v / tC `Lig= an _ tr I — —- BAREFOOT WILUAMS ROAD— ...., ..__ ! • ,Ix ul:lf Eli (EPN 01147-STORE 02401) 14.41 Ii q {��{ 1 , 4 � '..„_ , ' lb. ib ,,-,1,i' t i . ' i.........„_,................7 f., 111P,Tr , 17„.....-::::-.--,'... - 1 i.:,..zo,,,i,_ ,,,,;10-1,,), .11:- 0_,- '' ' t 4* 4 4. M r « sigi' ;.. , ; .11 LIl4ff 1 ,; ',, • i - ,� I 1jj ' `" k 1 ..,...... ; 4 ; 14 h I., I 4 s�# Fi S � 111 F --r- L ._.� rte.--.� ti ,... � '., --,i,-- ' ' i'l t I .1 � 1 i 4114 • 11 ( il ! , 1` '-‘4D *A(iiii - ' li -l� & I { (73 e��j1 Ex _ I ,.'—Or i , 4 • .. , 7711 �_.._ , i i ,,) , E 't?'1.1:...— I,;-''1.i.: '.:4'1.....t 1'..1 .,11 I:fitt.......„...........,:.--;„,..'......,..,..7.*;..._.: . ' .,, •, ll {jY 4 c i y • :I 1 . I J i. i ; ,, � , _ r ad.i , e • i .. 1I d 1 Ix qqq i .�il w, I. 41 d i t . M. 11111 {: 0 • I r 4,141 th i -,„ : .,....., , _ I, f.2,,:4*''4) -- .,,,,,-- _ „7,,,,,,,,,- , '..I..1E ! Y i i eft a.• i . il,„ ,f, „, . tS r t f d { x fi as k,itx$ IIIII agg �g•g114 u 3 3it � 44 { 1 1gli tqiij 1 X11 1 ' 1 11; '11• $1 $i a I { `''1,.i } , t i VA'4 `14,9I 4 ill Y, f� 1111 `i4'} f v ' x# i lilt i= 'els 1,-_', i 'till t 1� 'll!a - a, / 1 , ., a,, i ° (a i E & 1 4 i `. •40 i' 3 x• 1111 A j ,py¢i ¢y p '� � I i�a K+ 11 I 4� _.... .„.......__............ ..7.............u� .. -i ._ ti..._,..., _ .. _. #.A, i 1 ";1'11 4I jig O l 9101 i 111 Ixli}; Si ➢ :, 1:01:11.11:11,1;i 111 I. 1 2.:a 1.9 #x aa q ,., ... t4 g;, • „....„S4 ! d „. : 0-',-: :::l'1'. :1- w b '?1 i 40.."'.4 _„j yj e 4 , , ..,, - ,- :,r I .. ;$2 , f 1.--. it a+ ., LXX Pill yyf r . .. exnnNC • — y$ b a � , o o� { rra.uur a ,, ': x''11 l 6 _R -4 s L I '-1 t/ 1 lil :4i !I 1 fi g lifi ! $ _ 3 , !Ile 1 = i A C 1 M 0 fail.; . h ,1:,..;rt 4...: r ,, ! . k , , , ... ,, _ i,., , . s • le Orettiiho.,:ii -'P. '''' '''' 1 .. ' : '„ „ \,..-: . , A 1411' ,,„ 4i.', !, i .,!Pr. 4* '*: °'' AT._ '- *'''441. ''''';:...,,*frii if',-,:' 1 -,„:- i:,:‘,,,::::: 4 , ,...., , L,,,., , .. ,. ....„.,, • . "'� -a *carP -:,---.A.1-‘3, 1: . - is^ 6y -g- r: .10' �..� 1': IN I1 n4FN E.ra..::. ..- _.._. VM.iNG c^IM01CCMlV,,,w DEEis� FiTTGERSLo, INC.R €wf,...mg ""1"rx Mamrt', „...,-,,,,,,,..„,„,„,.,.......*ii* ;,, - - -:- - , ,.. -- „---,-Ir..1,4*,.-,,-;---, , . • Fk.Mira 30 BAREFOOTWIWAMSROADana. =.- w c eller-s IAM#2S4O .,, y'...�