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HEX Backup Documents 05/14/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS 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 HEARINGS: A. PETITION NO. VA-PL20140001721 —Belaire Development,LLC requests a variance from Section 4.02.01 "fable 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 façade facing Tamiami Trail East and 37 square feet on the façade facing Barefoot-Williams Road, and 37 square feet on the facade 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 façade 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 (HEX) May 14,2015 VA-PL20140001721 Belaire Development, LLC 14, April 14, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 24, 2015,and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. DIVISION:ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 I Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,May 14, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104, to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 3rI 110 30 �.�_ 4 Li: � o N S iim O 10 //_n' — m _ n o c Zillill III � �l" 2 Z " �I Z0 y CZC co -< > � 0 > �Z p � � Z Z m , Z �m D co z m - m N m VANDERBILT DRIVE (*FA m In ___-_— 901) J l rn In 0D qF - C Z W m>0 -< 2 m n g' D'{ -1m mZ Duo NI ' C NC O; N DN-13 D NFr1 DZ\. TAMIAMI TRAIL z Er (U.S. 41) S D O� -o n ;� D; DO r D R m ` XE mE - ^D o D ; N Dm m (C'� tn� xi-it 0m A m 7C m x 8 ---, K K vN� Z� Ni D� D -NIA CO D O 8,J X70 N N M� � °Z DO0 `O N �Z J D 7C7C & CI) xm ,m N * S • m A r CO N D 0 O mmo > C=vi Mi- m c m 7 o zE r aJ mrT1 m0 <m r Acct #076397 April 14, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20140001721 (Display Ad w/Map) — Belaire Development, LLC Dear Legals: Please advertise the above referenced notice (w/Map) Friday, April 24, 2015 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500154426 April 14, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 24, 2015, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail E., Suite 401, Naples, FL 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,May 14, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida till° JO 0)1°61 m ice. of, .,..704. < rc3 _Ti-u = 0 II s ... o w'41 - 4 __ 0> 9 '�� O_ o O co 0C 00 '.1 - p y p CZC D m zrr. _ m co CO � -I 0 D� �Z p W -<Z Z I'l Z m D m m 0 N -DC mm m r 7 ,– m m �z m VANDERBILT DRIVE ' N o_ —5 < (C.R. 901) C ..r)::7 2m \ z C) / N m2— NM �S C) yD m nD CO �� DZ Co ��I S Dm 0co m co >0 N m co Z °E • ;F) m 01- Z,..-< m ; 0 0 m D '4--- C C X O D N ni ' N' >< D DZ\� / '� �� ` TAMIAMI TRAIL `�;- ,- Sz V \ p� � r -� 00,13 0 - u)4, D J` NZ mC D x D •,, K - m m- V1 m D O_ D Z N-I iIo, • iII C- b OS �m (/) z� mm 8 • Q7 0 v m/ r- – 44141 mrzno > N4 \ o W C r �� rczi C CCOmcc o Pzi Martha S. Vergara From: Martha S.Vergara Sent: Tuesday, April 14, 2015 3:17 PM To: Naples Daily News Legals Subject: VA-PL20140001721 Belaire Development, LLC Attachments: VA-PL20140001721 Belaire Development, LLC (5-14-15).doc;VA-PL20140001721 Belaire Development (5-14-15).doc; VA-PL20140001721 Belaire Development (5-14-15).pdf Legals, Please advertise the following attached ad Friday, April 24, 2015 (w/display map). Please forward an ok when received, if you have any questions feel free to call me. Thanks Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 1 Martha S. Vergara From: Polidora, Carol <carol.polidora @naplesnews.com> Sent: Friday, April 17, 2015 8:35 AM To: Martha S. Vergara Subject: #231121317 - CC HEX.Belaire Proof for 042415 Attachments: NDN231121317.CCHEX.Belaire.041415.pdf Martha, Please provide approval ASAP for publication on 04.24.15. Thank you! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NaplesNevvscorn 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, May 14, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. �. AlEN1B011 , rat /�� COUNTRY i LANE � QIIS � CLUS ��1�� 8 OA r 5 S�a ,c y� `\A.�4 WARWCIAOES THE 9 PLAZA i /�J 10 glee, RETRGT I,�11F100W ',�, Y Mt r\ \!1 �"' .� Esr t TERANS NEWPo SLVC r. "'1 Ma" COCP1 ..E LANES 6 INFLAWEINA ,C.R BBB 11♦A/1R'01S P., PROJECT 'w w C t5 LOCATION 1 C7 • TAWN..xoEESS1onAL r I ' i VANSERIM T 41 641 r o WWS R 3I � j RlA S 1RACT COWER (ORI) b 0111 a NAPLES-I CR.MEE I 1 ROAD (C.R.ALE All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231121317 April 24.2015 Martha S. Vergara From: Martha S.Vergara Sent: Friday, April 17, 2015 9:06 AM To: Reischl, Fred; Rodriguez, Wanda (WandaRodriguez @colliergov.net);Ashton, Heidi; Bonham, Gail (GailBonham @colliergov.net) Subject: HEX Mtg - VA-PL20140001721 Belaire Development LLC Attachments: NDN231121317 CCHEX Belaire 041415.pdf Morning All, Attached is the NDN Ad proof, please review and let me know of any changes ASAP. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com • Martha S. Vergara From: Stone, Scott Sent: Friday, April 17, 2015 10:33 AM To: Martha S.Vergara Cc: Reischl, Fred; Rodriguez, Wanda;Ashton, Heidi; Bonham, Gail Subject: RE: HEX Mtg - VA-PL20140001721 Belaire Development LLC Hi Martha, Ad looks good to me. Thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: Ashton Heidi Sent: Friday, April 17, 2015 10:09 AM To: Stone Scott Subject: FW: HEX Mtg - VA-PL20140001721 Belaire Development LLC Scott, Please review. //aliflatoff-afele Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, April 17, 2015 9:06 AM To: ReischlFred; Rodriguez Wanda; Ashton Heidi; Bonham Gail Subject: HEX Mtg - VA-PL20140001721 Belaire Development LLC Morning All, Attached is the NON Ad proof, please review and let me know of any changes ASAP. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 i PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, May 14, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. IN _ a RORa. rc 159 TMe oliz6n �uu9Ow Rcmu* *__; r w=1=1 „ .n PurE ann MEMOR BAAT76 UNMET. EASES 4.1 Ono PROJECT W►.-" ` ■C LOCATION r J TRIES cnmwrArca *a - BAY HOUSE LW.PROFES120.1 o ` kellti 2O w 22 TM r XS �r�,y Rano SIC S)E All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida L No.231121317 -- April 24.2015 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, May 14, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room NAPLES DAILY NEWS 609/610, Naples FL 34104, to consider: Published Daily Naples,FL 34110 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, Affidavit of Publlcatio for an existing single-family dwelling that was permitted to be constructed 20 State of Florida 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 Counties of Collier and Lee 16, Township 48 South, Range 25 East, Collier County, Florida. Before the undersigned they serve as th r ~'~' w° 1 r/ appeared Daniel McDermott who on of �' 7, zs — 1 ': I � J Inside Sale Manager of the Naples Dail: .0*.,_, ' „" . L II '° newspaper published at Naples, in Coll ._ .__ distributed in Collier and Lee counties , �». E Ill� �� attached copy of the advertising, being o X11 R"� , ;, h PROJECT V Mit.C... C LOCATION El PUBLIC NOTICE X Aid.-••. t! �• ' , m Inn 8 - TAW!.PULS9pu• 0 , in the matter of PUBLIC NOTICE 20 3 �o 1�.=i "COLLIER TRACT, was published in said newspaper 1 tim, •„ Nao,zs,MMR_-'E i on April 24, 2015. All interested parties are invited to appear and be heard. All materials used Affiant further says that the said Nap in presentation before the Hearing Examiner will become a permanent part of the record. published at Naples, in said Collier Col newspaper has heretofore been continuo Copies of staff report are available one week prior to the hearing. The file can County, Florida; distributed in Collier 2 be reviewed at the Collier County Growth Management Department, Zoning each day and has been entered as secon Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. office in Naples, in said Collier County The Hearing Examiner's decision becomes final on the date rendered. If a year next preceding the first publicatio person decides to appeal any decision made by the Collier County Hearing advertisement; and affiant further says ] Examiner with respect to any matter considered at such meeting or hearing, promised any person, firm or corporatic he will need a record of that proceeding, and for such purpose he may need commission or refund for the purpose o to ensure that a verbatim record of the proceedings is made, which record publication in the said newspaper. includes the testimony and evidence upon which the appeal is to be based. / If you are a person with a disability,who needs any accommodation in order -_ 17 _ to participate in this proceeding, you are entitled, at no cost to you, to the (Signature of affiant) provision of certain assistance. Please contact the Collier County Facilities -� Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Swe to and ubs ribed fore me Mark Strain, T,/ 30th da o ' ril, 2 1 Chief Hearing Examiner Collier County, Florida ih 1 No.2311 21 31 7 April 24.2015 (Signature of notary public) - 1 ••;av P��,, CAROL POLIDORA °`; .'9,A Notary Public•State of F'orida Y ,•7 t• Commission# FF 185630 ,, =.";�,��Q.o;= My Comm.Expicas Dec 28,LJ18 a �',,,,,Pio Bonded through National Notary Assn. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP ` , DATE: May 20, 2015 BY RE: Hearing Examiner Decision(s) from May 14,2015. Attached are the signed HEX decisions from the Hearing Examiner hearing on May 14, 2015. Attachments: HEX No. 2015 —20 HEX No. 2015 —21 HEX No. 2015 —22 [05-00A-01253/813782/1]744 HEX NO. 2015—22 HEARING EXAMINER DECISION 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. DATE OF HEARING: May 14, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section 9.04.03 of the Land Development Code has been met and the petition is approved. ANALYSIS: This request is necessary as a result of errors in the issuance of a building permit by county staff. The point of measurement for the rear property line was applied in error during staff review, resulting in this single family home being placed closer to the adjacent water body than allowed by the Land Development Code. Two members of the public attended this meeting and expressed concerns. The first speaker expressed concern about the structural capability of this home now that it was closer to the water. The second speaker addressed the ability for untreated water runoff from the roof of the home to fall directly into the adjacent canal. The review of the building plans by the building department has confirmed that the home is structurally designed consistent with all building codes and as such was permitted and inspected accordingly. The building plans also call for downspouts and gutters to collect roof runoff and channel that runoff into onsite water management areas. The applicant agreed to provide the calculations for the sizing of the gutter system to the Engineering Services Section, of the Growth Management Department. If needed after the engineering review, the applicant agreed to add water diverters, in addition to the gutters, to assure water will be properly directed. [14-CPS-01365/1151204/1]24 1 oft DECISION: The Hearing Examiner hereby approves Petition No. VA-PL20140001721 filed by Brian Haag of Windward Construction, LLC, on behalf of Belaire Development, LLC, for a variance from LDC 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 the property located at 1293 Belaire Court and fully described herein, as shown in the Survey Sketch attached as Exhibit "A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A— Survey Sketch LEGAL DESCRIPTION: Lot 67, GULF HARBOR, a subdivision, according to the Plat thereof recorded at Plat Book 4, page 31, of the Public Records of Collier County, Florida. CONDITIONS: 1. The applicant will provide calculations to confirm the sizing of a roof water collection gutter and downspout system for the roof area at the rear of the structure. The collection system shall be installed prior to the issuance of the Certificate of Occupancy. The water collected will be diverted into water management areas to avoid direct discharges into the adjacent water body. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 0-O0/5 1 Date M. Strain, Hearing Examiner Approid as to ft and legality: ltra Scott A. Stone Assistant County Attorney [14-CP5-01365/1151204/1]24 2 oft WOOD DECK/DOCK-.\ CANAL EXHIBIT A N 0.00'00"E 60.00' _ __ m - MHW LNE 10' UTILITY EASEMENT C I WOOD DOCK {- . . OVERHANG i Lax PERMITTED 20'SETBACK LINE N Bo ( 20'REAR SETBACK LINE N PORCH / BALCONY `O `r MEASURED FROM MHW L 1�_ _ _ _ _L___ _ ■J_ 7.5' 66 67 68 12.8' VARIANCE J I o z NEEDED TO SATISFY o cm BUILDING SETBACK -- ni REQUIREMENT. 2 STORY HOUSE #1293 co -(2.0'INTO OVERHANG 3 rn b) N O N vi to O, 0) 0> O co co N 7.5' . ,° °o PORCH/BALCONY j O ' N w N ••,•PAVERS N _I 0 SIR�xL1 FIR 5/8" w 'Ox CAP `60.00' iii1ii1i�iii1i T S 0°00'00"W 60.00' I b of BENCHMARK d TOP OF NAL ELEV=2.23' POWER POLE NAVD LT56 L� •••••••• I 750' / #7075 CENTERLINE RIGHT—OF—WAY 'V FIR 1/2" #7075 gx ASPHALT PAVEMENT x BELAIRE COURT (60') ti� 1 AS-BUILT SURVEY LOT 67, GULF HARBOR, A SUBDIVISION ACCORDING CERTIFIED TO: TO THE PLAT THEREOF RECORDED AT PLAT BOOK 4, PAGE 31, IN THE PUBLIC RECORDS OF COLLIER BELAIRE DEVELOPMENT, LLC COUNTY, FLORIDA WINDWARD CONSTRUCTION REVISED 5/20/15 — CHANGED VARIANCE DIMENSION REVISED 11/17/14 — SHOW 20' REAR SETBACK ENCROACHMENT BASIS FOR BEARINGS: BELAIRE COURT — PLAT BEARING SCALE: 0 20 !SURVEY �4/03/14 COMMUNN 120067 IMAP&PANEL 1202100191 SUFFIX H DATE OF D/16/12 I`�M AE e.ASE FLOOD 9 NUMBER NUMBER FRM MEX 20NE FttvM ON FR=FOUND IRON ROD LEGEND +0.0 =EXISTNG ELEVATION THIS SURVEY IS HEREBY CERTFFD CORRECT TO FP=FOUND IRON PPE = THE BEST OF MY KNOWLEDGE AND BELIEF.THS - . ` FDH=FOUND CRLL HOLE -UTUTY RISER SURVEY IS NOT A CERTFICATION OF TITLE,ZOM1G .. -' •'-. FCAI=FOUND CONCRETE MONUMENT t} =UTLITY POLE OR FREEDOM FROM ENCUMBRAN , SR=SET RON R001/2"LB 7075 - - PLE=PUBLIC UTLITY EASWENT 0=FRE HYDRANT NO UNDERGROUND STRUCTURES HAVE BEEN PU&OE=PU.BLIC UTLITY& LOCATED BY THE SURVEY.ANY REFERENCE TO DRANAGE EASEMENT 0=CATCH BASH UNDERGROUND STRUCTURES F ANY S SN&D=SET NAL&DISK LB#7075 APPROXIMATE. C . CE PRM=PERMANENT REFEREN MONUMENT (P)=PLAT FNIG=FOUND NAL&DISK (F)=FELD UNLESS OTFERWSE SHOWN ALL FELD MEASURED POB--FONT OF BEGNNNG (D) DES DRECTIONS AND DISTANCES ARE N SUBSTANTIAL FE.COR.=FENCE CORNER (C)=CCM�UTED AGREEMENT WITH THE DRECTIIXJS&DISTANCES OF C.� CONONCRETE RECORD FOR THE PARCEL SURVEYED. 1k=NOT FIELD MEASURED X =WIRE FENCE 5/20/15 LME=LAKE MANTENANCE EASEMENT THE SURVEY MAY NOT BE USED BY OTHER THAN DE=DRANAGE EASEMENT =WOOD FENCE TFE CERTFED TO PARTIES.NOT VALD WITHOUT CE.DAVE,CERTFICATE NO.4839 NAVD=NORTH AMERICAN VERTICAL THE SIGNATURE AND THE ORKXJAL RASED SEAL OF -OR- ERIC C.DAVE,PSM 1 5544 DATUM OF 1988 TFE FLORIDA LICENSED SURVEYOR AND MAPPER LB#7075 JOB NUMBER: MN DAVIS CAPE CORAL,PLACE FLORIDA 313904 TEL(23 13-0126 Jail SURVEYING INC. TEL(239)549-6454 FAX(239)549-2548 WWW.DAVISLANDSURVEYS.COM CONTACT @DAVISLANDSURVEYS.COM - C7 -:ax r N � 4 W z-d W x Q- U -° W ooI4' ----' --YY W x 'X 40 G 4C 4 WvZit cg _ °- d x d 4wzOxa U . U a E 4xa WW F C.. d ❑ d W CA OF CA Z -' a4' .K c * 'V L a *0 0 CA f, `p * Cd7 c * a a Wr V � • .r. . - va 4: c. WCa * t- O 1.11. ^ v � .. .' (7‘..- W W e. ax V/ a W � d� w Az a H W W A d o Q w › , a a, z H z C * -x 4:1 Fd p * U a g� a a, .x d a a: U' ac * i F" W * w x * a� a * M H C2 M * a * W © Z 4 d U * — * A e. a W Q * I7' N o L7 d a: W 0 �+ W d W a * Z * 6 * P. a: v A a * O OC2 itFi u W H , ` 'Is z a � a F- O * ^z1 O 4' 3 Z pos * ,---• ;4 a: 0 74 * qi a O o. a ua * W * cn W 4' z d Q CP J. a , a p, ° 0�. � W a*Wv * o j v Y • . 44'S d * = a3 u, o. * aW O a a a V1 a: r. W r* °* c. W Osa * Ak 1 * 3 '.,t' o PI' a * d �+ ri A % * �° ❑ U d a A F 7O * d 'a. 1 04 4: aZ ►- L �+ y ❑ * 4O aa ›. a AGENDA ITEM 4-A S&9! tY Tk 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 t c ''Ili¢ 0.71X111ro 71XZ11 AIM si d� m O Ill I �a1 ' ' 9 s -c n , ‘` e �D[v8i r M1 9C f T+ M1 ',11 , i Dix —1 ` LEI C f iL C UPi 3"r) .i I go �' O ^ r, l it li -�- �, �.,.,nWU AVowI. L rnw.Y .wa y 1 �F J -'---- 5 Z gE g Y p . F-7--__ -z n d! / II, li _it 1 s i Rm.. _ is u x _ p i 1 i :! Oa m ti °Pi 1111111 i 2 .ou. ` Z .. ar r arum.utw t ,_+ -, _ Y 'a -, '110110 n It G D •or m•tst -17r TOO A D co ✓ C j NO Ate MOOS 2 1 0e g co e ° m ; s� � 1 El • OAF MOM ROM Z1 a m.... pease --- Z WOMAN MT e� I N ac M iI.I 1 0 / ii 1 il:.e e� ELM 11:71 i �_ in� scum COURT �E7 L ss�CM MOLINI paO s.0 s 8 t se• ee X7 ii?lip b.: salme Lfo-! toomi, iii 0 4 r a1•1•1s�s�s�c�•Is7Mil./' 0 c O F' ti:7 SR T ii. weft mon :i:.� E i O xi t C7 ?ti! a w©GOQaGOid =la wp , a 1 IbeOFIANOeeeeeeeeeesaaaap 1 fi N, p tia "`•TI�"i` n : : Gel. a ; . .- 1 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. woaa DECK/oOCK CANAL N O'00'C0"E 60.00' AffW LIQ x 10' UTILITY EASEMENT S WOOD DOCK I. � x , OVERHANG 11111111101 `t civ _ — — 20'REAR SETBACK LAVE ¢ PORCH / BALCONY Q `f O F MW — — — — 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 MAY 14,2015 Page 3 of 7 l y 4; fib�a,, ..,:: !' w„ i r. , r �, - Hr ' 5. x3k, q *. J' .. /.... $ L J 3's % ,. ,*. , �) 70,1 " '' e, ,7 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 MAY 14,2015 Page 4 of 7 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. 01OFr r• C View to the East showing the unroofed and unenclosed balcony. VA-PL20140001721,BELAIRE COURT VARIANCE MAY14,2015 Page5of7 8 3 4 1111 1 II 1 in I oil A a ,„ 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: ' 5f114.,:-,elk:" FRED REISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMO V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION 11-22_ 1 MIKE BOSI AICP. DIRECTOR DATE ZONING DIVISION VA-PL20140001721,BELAIRE COURT VARIANCE MAY14,2015 Page7of7 VA-PL20140001721 REV:3 1293 Belair Court WOOD DEa</DOCK DATE: 12/09/14 CANAL DUE: 12/23/14 N 0'DO'00"E 60.00' =22hi*LAE 10' UTILITY EASEMENT We DOCK x' I OVERHANG 1111111111111111 �'+ h z 20'REAR SETBACK LAE LPORCH / BALCONY 'O A£ASU RED FROM MHW 7.5' ' 66 67 68 10.8'VARIANCE' o z NEEDED TO SATISFY c0 CO aLDrG SETBACK `° REQLROLCNT 2 STORY HOUSE #1293 ; rn Cil N 40 in iO EY vi tri C1 OI W cn 75 o PORCH/BALCONY 111111 111111 .j7.5' Z N •.PAVER ; '4 a Ery ? FIR 5/8" w SIR x ""%""" O NO CAP. 60.00' r, S 0'00'00"W 6000'•%%7. I . I reErur Arc .. OF NAL i ELEv=223 i ` POWERI NTLTS f ryti � ""•••••••-••• _ FN0D750• CENTERrAE RICHT-OF-WAY rre 1/2' 1$ 5 #7075 ( gx ASPHALT PAVEMENT' x ' BELAIRE COURT (60') ti} AS—BUILT SURVEY CERTIFIED TO: i 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 1/17/14 - SHOW 20' REAR SETBACK ENCROACHMENT BASS FOR WARMS: BELAIRE COURT - PLAT BEARING SCALE 0 ^1Y 4/03/14 r~ TY :2006NUMEER7 1 P 12021C0191 SUTN H Fru Ka 5/16/12 AE WATER 9 FR-FOIlO RON ROD LCG1I B +0.0 .ERSTIC ELEVATDI 116 SPINET 6 IEERY CERPFED CORRECT TO FP a FOUND RON PPE El .WERT NEER THE BEST OF MY KNOWLEDGE NO BELEF.TIG FOPI-FOLND OREL KU SIRVEY 6 POT A CFRTFICATCH OF TIRE ZMIG 104=FWD=CRETE kO�U7DO4F f} =UfLITY POLE CR FIEIDO4 FROM D'C9 ANNES, SR=SET 12014 ROD 1Le RE=PUCE MAY E�.A.%, IT75 O-FRE HYDRANT NO UTED FIT THS SLINEY. HAVE�B RJN N CE=PLELC UTLRY k LOCATED STI SIRVEY.ANY IiTFl7FJC£TO SN440= ET P4AL& ❑®=CA/01 BASH UOff IO SiRJCT1JQ5 F ANY 6 SPMd7- RM PUL h 0190 LB 75 APPROOOMTE. PRM=PERMANENT MOi,AEIIT (P)=PLAT FNkD.TWO PML&DISK (F)-FEED UNLESS 0T1L SHDWN ALL FELD LFTNIW1 i PWSOPIT CF PEO- . 0) D ECTOfS NO DSTN ES ARE N SLEISTA MAL FE COR=F!N„^E DORMER AGRFD IENT WITH DE OF.SN8S&06MUS O fA1C.=LU.UETE (C >� RECORD FDR DE PARCEL SRVEYFD. •=PET FE1D I&19,RED LMEN•CAR MNITENANCE EA�"T -A` =WOOD TF6 SURVEY NAY MDT EE USED BY OTHER THNI AJ02/U DE=OR+NA'F EASEMENT TIE CFRTFED TO PARTES.IOT VMD WRIOUT CE OA clEKT±FrAir NO NOR NATH AMMAN VERTCAL DE SONATLRE NE THE CRON&RASED SEAL OF0'V06 TTE FLORDA WISED MAPPER. -04- FOCLCB/°A'o7s 5544 PSM 1 DA .sigt6 DAVIS 4536536 SE 16th PLACE SUITE 3 'e KAP Ta SURVEYING INC.CTEL(239J�549-6645544 FA�X(239)54�9-2548 13-0126 WWW.DAVSLANDSURVEYS.COM CONTACT®OAVISLAT VEYS.COM cAt.i...tel 101.peo.IOwar.g 9ep lno./1 .611042Efintim.P-107/2014-ORb7AY- . VA-NL20140001721REV: 1293 Belair Court wow DECK/OOcx DATE: 12/09/14 CANAL DUE: 12/23/14 N C'00'CO"E i50.00' I 441W L { 10' UTILITY EASEMENT cd G7c WOOD DO 4\x`.,t.4 OVERHANG ' i ti� L� 20'DEAR SETBACK UJE K -PORCH / BALCONY C):4; ff WASLACO PROW MHW .�66 67 68 rB VARIANCE-'_ g m ECCO TO SA71SF'Y ai w, Lo C SEr9ACK 9 Al GUREMBNIT 2 S'ORY HOUSE #1293 u'+ 3 cn ri is �� !n b Nei xi N m C3 CI, O1 co CO O u: 7.5' q PORCH/BALCONY I •• I' A,. ....00-6416-4-0.0.. S' I 7 • FIR 5/8" w SR jxli� ��'.. ?O NO CAP 60.00' tea S 0'00'00"W 60.OJ'::•.:j I i 9ENCMARK NI 60.0000.04000 511 TOP OF NAL . :':.'.�':..:... POWER POLE NAVD 23' •.:...:::. NAVa �:' ,•� L T _ `tiry00.00.0.414.000. ) .._ ,.... CD5 7.50' QEIJT RJGHT-OF-WfIY .....-ry #7075 2 - — C fP ASPHALT PAVEMENT AP BELAIRE COURT (60') '''• , 1 Page 1 of ILitnner vuouniy rroperiy HWWrdIser 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 0 1 - SINGLE FAMILY RESIDENTIAL 5.58 5.6697 11.2497 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 185,328 11/12/12 4861-6666 $ 100 (+) Improved Value $ 0 06/08/12 4806-2563 $ 0 06/08/12 4806-2562 $ 195,000 (-) Market Value $ 185,328 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 ttp://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 STATEjar ' '' Dlt'IS10\ OF CORPOR kl iO\S 5kil7kr - "- Vir4' ' 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 CoDvrioht'c.'and Privacy PoilCies 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 , DtvisION o ' CORPOR TIO\1 ..sa 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 CoDvrioht ©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; 4r DIt NO\ OF Ct)K!'OR 1110\\ 41;7 / 4 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 Col 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 VARIANCE PETITION AP-PL/CATION Variance from Setbacks Required for Particular Zoning District • . LDC«;ec¢..ii�' 9.04.00 8tL�E.°�;3,�, ofLaws�L:s,tBs.iku 2-�.�«�3- 7-90 chanter 3 J. of the Adminict ative Code 1293 Belair Court PROJECT NUMBER VA- PL20140001721 PROJECT NAME DATE: 8-06-2014 DATE PROCESSED DUE: 9-06-2014 C Pti C N CONTACT r .:OMfT zlyN • Name of Applicant(s): 312( -t,2 67=1_0 Pa«t f L-C Address: (-(.5)0 Ock-vvcJCS '" City: nrKorep State: '- ZIP: 33`i?( Telephone: Cell: 234r--c(110 grnc, Fax: E-Mail Address: �7A"i K.L--72c= ,,u,Let, ,(�c,orvt Name of Agent: /32.(i-& Firm: tD9 tt U) r2M qOcbt.S�n �a ® Address: gt" �C?� `W City:6'1A State: Ft ZIP: 33�b Telephone: 231- Z2-/-1(%'t Cell: Fax: E-Mail Address: k (® (rat covin BE AWARE THAT COWER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY ANDENSURE THAT YOU t E IN COMPLINCE WITH T SS"s EGU L ,TiNS . 2/7/2014 Page 1 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 PROPERTY INFORMATION Provide a detailed legal description of theproperty 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 No ■ Side: 7.5 Waterfront Lot: Yes ■ No n 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. 2/7/2014 Page 2 of 7 Cott=ier Cox .nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239)252-6358 ASSOCI ONS 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: 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: N/A Mailing Address: City: State: ZIP: Name of Homeowner Association: N/A 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. 2/7/2014 Page 3 of 7 f ) �� 1 .'18Y 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 ❑� No If yes, please provide copies. 2/7/2014 Page 4 of 7 Cotner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239)252-6358 SUE mirrAi REQUIREMENTS CHECKLIST See Chapter 3J. 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. FOR NOT T REQUIREMEI4TS FO R REV EW #OF COPIES REQUIRED REQUIRED UIRED Completed Application(download current form from County website) ❑ al ❑ Pre-Application Meeting Notes 1 ❑ 0 Project Narrative ❑ 'gl ❑ Completed Addressing Checklist 1 0 ❑ Conceptual Site Plan 24"x 36"and one 8%"x 11"copy ❑ ❑ 0 Survey of property showing the encroachment(measured in feet) 2 0 ❑ Affidavit of Authorization signed and notarized 2 0 ❑ Deeds/Legal's 3 0 ❑ Location map 1 0 ❑ Aerial photographs(taken within the previous 12 months min.scaled 5 ❑ ❑ 1"=200'),showing FLUCCS Codes, Legend,and project boundary Historical Survey or waiver request 1 ❑ 0 Environmental 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 Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 0 ❑ 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 Cattier 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 i o Non-Bsside-ntial $5,090:00 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 --7&tti(( plicant Signature Date lC Printed Name 2/7/2014 Page 6 of 7 Coif-ler County COLLIER COUNTY GOVERNMENT Z800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITIONNNUMBERS(S) I, 1.1�( fi Pt-\kf -& (print name), as 11-fg-it 11-f-itA frifIn4 tit (title,if applicable)of khftcl(i_) c -kaa, L(,(', (corn any, If applicable),swear or affirm under oath,that I am the(choose one)owner _applicantcontract 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 11-IF-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 'es o perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stat-=42are triie. ii ..,,,A 7 ,,0 6t1 . iss,..._ 'rigna u• Date STATE OF FLORIDA COUNTY OF COLLIER F/ / (date)he foregoing instrument was sworn to (or affirmed) and subscribed before me on by it _t ,.,„_+g,if3ame of person providing oath or affirmation), as /44-4..) -b_9(!:;- who is p-rsonally known to e or who has produced (type of identification)as identification. or/oz. Ai'Le/i./../ STAMP/SEAL Sig ature of Notary Public �;;p'.�u�, PATRICIA MirLAN1E.AGNEl40 :g ei .*_ My COMMI8`SION#1 E130942 * 2015 cP\O8-c i;•11 s EXPIRES.®ctobet 15, 2/7/20i 4071_44)-153---- "*"- �-�y�� - 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 pumber(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 LDC does not define or specify how waterbody setbacks are measured. LDC Section 4.02.01/Table 2.1 currently notes that"minimum setback linesare 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 LDC 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. 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LII C) m c --i as o N > a) o � a) as 0 n cvsV) N '- C co o OD -0 -o Cl) .--' O 0p C O N a) 45 C co ?, r- .-�_ 0 0 .- r > = CD SCD CD -', _a CO CL o c. 0 e' cz o a v 4) 8 Pi 6 t I" Completed Addressing Checklist Co ler 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 ❑ SDPI.(Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to.SIP) ❑ FP (Final Plat , ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) ❑ PNC (Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL (Plans &Plat Review) 1. VA(Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) to-I- (07 Gila 1-4Aibbort 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) � 3 Iai n , fio.ples FL. 3Lfito • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- ,of-way . • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# Car County . COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents.(if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back /Personally Picked Up APPLICANT NAME: 30fiti'it � G_- C PHONE 23q 7() -4860 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 • I; . CANAL i a*yL may' _ N 0'00'00"E 60.00' • APPROXIMATE I ' 10' UTILITY EASEMENT TOP OF BANK I _�APPROXIMATE - r 7.50 7,50—{ Ma''tiV'WATER x X.,..„ BALCONY i Fo"3 rz 't i. T _ . PATIO • 6" ADS jt ��0R FACILE TE GL i - � FACILITATE C STORMWATI DETENTION X. _ PROP. STEM WALL CONNEC TUSE N ALONG SIDES U DRY DETEE a._ ;'- PROPOSED RESIDENCE 1293 8ELAIRE CT. 0 Q 0 0 0 os 0 w N .:: 3 ui 1': N • N . V In co N Z m co B OTTO, PATIO DRY DE GRADE INDICATES BOTTOM ELEV. • GRADE LINE OF 1.5 • MAINTAIN MIN. 2.5 ELEV. BERM AROUND DRY DETENTION SYSTEM A A DRY DETENTION AREA BOTTOM ELEV. 1.5 <` YARD INLET • f YARD INLET YARI RIM EL. = 1.5 RIM EL. I.5 RIM 3" DIAM BLEEDER I.E. = 0.8 lkI.E. = 0.0 I.E. OUTFALL I.E. = 0.8 , •r ifl IP 3z LF 6" ADS • "T°c. ' S 0'"0'00"W 60.00' 6' ADS OUTFALL TO SWALE INSTALL PER FDOT STANDARDS C ONC RETE • MITERED END /.. MATCH INV. TO EX. SWALE ELEVATION o iI • 0. 0 n n0 BELAIRE COURT (60' ROW) B ENC HMARK POWER ELEV. = 2.23 Q POLE OLE ti x; • . . • • , . • , • . • , • . , . . • . . . . . . . . - . . . • ; . . ' . . . tre 1 4; 1 . iii„. .ti '.'"0 •i4t•tle; l' „ ,,,,_ -,-t.! . ..,;..„ la.4 --"Iq..1. -. • . 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'ON t 1 I • 4.,.' - <7 -I • ' .tt4tk N I S V9 i_ .4 !-...-,- -..----.,- ....-::-',1 '-`."..f="-...-14 l'f_'-- -.'-'- -,--..,,-° ,-,-,11 . . ,' u^. ‘• • .! - i• 0. .31 - ..1_V 0 . --.,-- ...-•=--- .-- --__L.____ 1,•'•r" . ,. 0 . t• . ._-. ....\)•0, .‘1, .a..1., ''Ii- .--- ---.:= -- - % - -1VN VD - - .21.'z--7 ,/-j__ i ,6'.9/7 ,,-../a o/v ...c r•Tp• • I • 1 VV V . : • •I . • • i • ' • . . . • : • • , . . Deed's /Legal *** INSTR 4770585 OR 4861 PG 1666 RECORDED 12/5/2012 2.40 PM PAGES 1 *** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCra.70 $0.70 REC $10.00 CONS 5100.00 • • Doeumcnt.p,tc aamt by: Name A'al Karen , Addro: 4.3a)San&Mt Carr Cates Coral ' StmeUJp_ FL 33914 2a Cbtr.5Aeft0s-W-71. "X) Quit Claim Deed • THIS INDENTURE,Made this 12th day ofNovenfber,2012 by BBD PROPERTIES LLC,A FLORIDA LIMITED LIABILITY COMPANY,whose post office address is: 1415 Panther Lane,Naples.FL 34109,hereinafter called the grantor,to,BELAIRE DEVELOPMENT LLC whose post office address is:4301 SANDS BLVD,CAPE CORAL,FL 33914,hereinafter called the grantee: r cncrcr.usad herein.the 1e=°"rrainar"and"_Tame"include all he plies tm alais in mmien't and the heir,lesa]rnreaentawres and ass ns . orLiatmiduats_awl ib:;cur is=1 aisipnsdew yeations) • Witnesseth,that the said minor,,for and in consideration of the sum of Ten AND NOM 00 DOLLARS(S10.00)and other valuable considerations,receipt whereof is hereby acknawledgetFTease and quit claim unto the grantee forever,all the right r title,interest,claim and demand which the said grant . ast . d=t : . liaf•; rtai{t land situate in Collier County,Florida,to wit LOT 67,GULF HARBOR,a SUBDIVISION., QCOI DING TO THE PLATR OF RECORDED AT PLAT BOOK 4,PAGE 31, OF THE PUBLIC RECORDS OF COLLIER/COI1K IDA THISTROPRTY`1S NOT NOW NOR HAS IT EVER BEEN THE — HOMESTEAD PROEPRTY OF THE GRAl'+1TOlt_ --L293 F3L faire t iF Napies\FL 31110 :t Together with all the tenements,hereditnmer s and apptulenattees tlt lett3 lis loiLgtna oris anywise appertaining To Have and to Hold,the same totted 1,e`r si4th air-and stnwlar 'the a purtent ces t9iereunto belonging or in anywise appertaining,and all the estate,right,title,interest,lien.equit}?ant`claim whatsoever of thelaid l rantor�tier in lav or equity to the only proper use, benefit and behoof of the said grantee forever, } ? - i` t` `I' In Witness Whereof,the said grantor has s6k14#/- l Led tlacs�g euts b 4ay and year first above written_ +fi t .....--,1 ,sealed and delis Bred in nuc-presence: h,. ,L. cs�tt ataueofititness72 • BRAD ti "K, ANAGING MEMBER OF e . -(..taVNi--; il% BBD '•!P R LLC Printed Name of Witoes 6 •(1 !i tt . Signature of Vitne��ss,2 • `, i1as4.1dyaTt • Primed tame iaoess`2 State of Florida County of Collier The foregoing intstnutraeot WAS acs nowtedged before me this 12th day,of November,2032,by BRAD BLACK,MANAGING MEMBER OF 13B:D PROPERTIES 1IES ILLC,who is personally known to ante,or who has produced ID_L.as identification Nolan Simmture Room musA '_ AIanr Notary Pu:bt- ,._o_, *EEtf ?1D Prim Nast` t-)'Pi .fit' '" EXPIRP MEW Oa.2016 Ms Commission E nirec- `C I ri I-7 Mt. tWil ket23 _ Location Map 601-0" ..I / K . . REAR PROPERTY LINE '---- — — u-1 . eb 71 _ o . t ).. UNCOVERED BALCONY REAR SETBAK LINE c c 0 c a 9 ! 11. 1 ! . : fi:•)71;;; • «. ,1:1 1 )- . . ' A I 11 : :: ! ;.Hii: ,:. ir I ! < f i ' : : , i 1! ' . . . 1 i H , PRINCIPAL STRUCTURE R A- EFBACK LINE,; ,---- .-- • ., - . -a- I ("2 . 1 kil t •.: • .. C.; I 11 ti k• 411111610 , br.......-r- 1 r 1 r g .. -- -,,,,,,,.>„..,,,,,,, --7:: — ...X •' ' c .. ,, i.,,,' '.•,. „ 4 i g!! 7-6 c) . g .1. , t,i 1 : ID M 4 . 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I I . \ 1 1,,:,.=:-',--- t 1 k !:Niluliit I-. 8 ;;., ,,,,,J! k LH LD 11,.1_, k - ——— . 1 --11— 1•JifIljWill ,,. 7-6" i ',11111111 , 1 k 1 -, . 1)',--t tt 01 .),1 •,' 7-6" 111111 k 1 - k k k ' ,',_ P Q-t•!•,,i, FRONT ',ET:Al K LINE cn . 0 u C -0 i _, < IR— rn7 91 En -c r- - • x z p rr _ >E . a -, -N m. • E74 • . a ..c ii ..;." — - - — --- RCM Pigoa--71f",' -,_,NE V'. i • . it1 ti . li : . 11 • i • Aerial Photographs �° ,i-;f1- 661 `. -, INTg'g�i s''? a k e' D R ' -- -' . - s- °. ^', ' _ Unit:201 "' .,�.;,_ - ti ¢ rw _729° t `I i < „,_.„6, w �' f ,' Y °.fin + - ' X• ''''.4414.\ Unit 102 �( .� -Zoning: PUD o y'� ;; 691 '' -i �° WIGGINS LAKE - O ._ : ° • A 4� Unit 102` '.--1-: '`t?' �� s :_ �F'? ld .'SJ-. .a • �.� e"- Z yr :r A ° P amA mx`A tr . $` Fr r. yr • '_. l�1k •, •, „Ia.,� `. r,'R -`•';,-i �_. _+�1 ..,� 'A. s 1, .'e 3}� d.y '��.- -',•7 wig -�1 .NirA 4 1 h , . ; VA-PL20140001721 REV: 2 1293 BELAIR COURT DATE: 10/23/14 DUE: 11/6/14 mot[ger 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//�/� 9 FOR PETITION NUMBERS(S) ( , . 9-01 9/,..i'C/'(f/7 ,44,3cif L /y (print name), as /t41 ale .- (title,if applicable ofy�`� /L)UG% P/t-i7✓? C..(com''any,If applicable),swear or affirm under oath,that I am the(choose one)owner 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 unencumbered by the conditions and restrictions / impose b//Pry the approved �tact/�ion. 5. We/I authorize /5K- gey ;)-( -A G to act as our/ri rPnr ?nrarive_-. 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 penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 1 0 qiSignature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on /0// /// (date) by A- '-_L name of person providing oath or affirmation), as Ay /c 't/ who is personally known me or who has produced (type of identification)as identification. A' )Ve. - "e/''�'��`C� STAMP/SEAL Signature of Notary Public CP\08-COA-00115\155 r' PATRICIA MELANIE AGNELLO § EMB MY COMMISSION#EE130942 2/7/2014 ,,;,...,,•� EXPIRES October 15,2015 Page 7 of 7 (407)398-0153 Floridallotar Service.com ES,csS aekl (HEX) May 14, 2015 VA-PL20150000189 Vanderbilt Beach, LLC 15 April 14, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 24, 2015,and furnish proof of publication to the attention of Fred Reischl, Senior Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Pt6ozav oferernce the follovv,Ing on ALL.._invoices. DIVISION:ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,May 14, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida < >m r9 O'�rx,r►� H D co F N = -I I C- - W N Ali_ I I ill �---� VANDERBILT DRIVE Z D (C .R. 901 ) D O > om m 0 cn co r n xi > r CA 'i < Z 7O co z m z Iv 73 m rn 2 r' N c, m O rn r < N 0 i 1 mr 0 33 cm m ___E mz D O J -I rn 'TAMIAMI TRAIL m 0 n o D (U. S. 41 ) > Z -I 0 Z DZ ---F9-45'N-v13) > "� r D D p — -< - zm o z m� m 1 m o y r� N vim W o > r D K m Z \ 0 U) GOODLETTE-FRANK ROAD (C.R. 851) Acct #076397 April 14, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20150000189 Vanderbilt Beach, LLC (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, April 24, 2015 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500154426 April 14, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 24, 2015 and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail E., Suite 401, Naples, FL 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,May 14, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida < D JO nn°jx m z �a � D D 00 I- N = � W N) A c VANDERBILT DRIVE(C.R. 901) Z � D 0 > om rri D ° Z - � K Doom CA y < y 0 O C7 GJ r 73 1- co z D z co x m ai m n -a m rG 0 N o 6 o '� Z D mxi -1 0 rn cn c� TAMIAMI TRAIL m 0 s 0 D !_t:z1 -W--�L D 7) 13 73 z G Z mm m n ym nn r o Ni N 0m - W x � v �= z � m� �x x o GOODLETTE-FRANK ROAD rir (C.R. 851) Martha S. Vergara From: Martha S. Vergara Sent: Tuesday,April 14, 2015 3:20 PM To: Naples Daily News Legals Subject: VA-PL0000189 Vanderbilt Beach, LLC Attachments: VA-PL20150000189 Vanderbilt Beach LLC (HEX 5-14-15).doc; VA-PL20150000189 Vanderbilt Beach, LLC (5-14-15).doc;VA-PL20150000189 Vanderbilt Beach, LLC (5-14-15).pdf Legals, Please advertise the following attached ad Friday, April 24, 2015 (w/display map). Please forward an ok when received, if you have any questions feel free to call me. Thanks Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara( collierclerk.com 1 Martha S. Vergara From: Polidora, Carol <carol.polidora @naplesnews.com> Sent: Friday, April 17, 2015 8:34 AM To: Martha S. Vergara Subject: #231121316 - CC HEX.Vanderbilt Beach Proof for 042415 Attachments: NDN231121316.CCHEX.VanderbiltBeach.042415.pdf Hi Martha! TGIF!!! This week went by so fast!!! Please provide approval ASAP for publication on 04.24.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NapiesNews,com 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, May 14, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. NAPLES-IMMOKALEE ROAD (C.R.846) COVENTRY GRANADA CREEKSIDE SQUARE SHOPPES COMMERCE PARK,. NAPLES o NAPLES DAILY NEWS PARK VANDERBILT U 28 27 BEACH Q ESTATES MIME > PROJECT iwp LOCATION M RSA,N (DRI) MIRALIA PAVILION LAKE JO PAVIDON MERCATO 00 VANDERBILT SEA CH 34 k 32 ROAD 33 o 1-a PELICAN PINE N BAY RIDGE Q= (DRI) A ti All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231121316 April 24.2015 Martha S. Vergara From: Martha S.Vergara Sent: Friday, April 17, 2015 9:04 AM To: Reischl, Fred; Rodriguez, Wanda (WandaRodriguez @colliergov.net);Ashton, Heidi; Bonham, Gail (GailBonham @colliergov.net) Subject: HEX Mgt. - VA-PL20150000189 Vanderbilt Beach LLC Attachments: NDN231121316 CCHEX VanderbiltBeach 042415.pdf Morning All, Attached is the NDN Ad proof, please review and let me know of any changes ASAP. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(aicollierclerk.com 1 Martha S. Vergara From: Stone, Scott Sent: Friday, April 17, 2015 10:35 AM To: Martha S.Vergara Cc: Reischl, Fred;Ashton, Heidi; Rodriguez, Wanda; Bonham, Gail Subject: RE: HEX Mgt. - VA-PL20150000189 Vanderbilt Beach LLC Hi Martha, Ad looks good to me. Thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: AshtonHeidi Sent: Friday, April 17, 2015 10:10 AM To: StoneScott Subject: FW: HEX Mgt. - VA-PL20150000189 Vanderbilt Beach LLC Scott, Please review. Thanks. r/ede 4,dt-K-CeE Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: Martha S. Vergara [mailto:Martha.Vergara(acollierclerk.com] Sent: Friday, April 17, 2015 9:04 AM To: ReischlFred; RodriguezWanda; AshtonHeidi; BonhamGail Subject: HEX Mgt. - VA-PL20150000189 Vanderbilt Beach LLC Morning All, Attached is the NDN Ad proof, please review and let me know of any changes ASAP. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, May 14, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room NAPLES DAILY NEWS 609/610, Naples FL 34104, to consider: Published Daily Naples,FL 34110 PETITION NO. VA-PL20150000189 — Vanderbilt Beach, LLC, requests a variance from Section 4.02.01, Table 2.1 of the Land Development Code, Affidavit of Publicatio 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 State of Florida north property line, to allow for reconfiguration of an existing stairway and construction of a proposed arbor and freezer on property located on Gulf Counties of Collier and Lee Shore Drive, approximately 1,200 feet north of Vanderbilt Beach Road, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. Before the undersigned they serve as thf appeared Daniel McDermott who on oai - NAPLES-IMMOKALEE -- - ROAD (C.R.646) COVENTRY GRANA,.A CREEKSIDE - SQUARE SMOPP:S CDPARKCE Inside Sale Manager of the Naples Daily R newspaper published at Naples, in Colli �� NAPLES 1 DAILYLNEWS VANDERBILT mU `a 27 distributed in Collier and Lee counties c ESTATES -ov 28 attached copy of the advertising, being PROJECT IMP LOCATION PELICAN i C4 PUBLIC NOTICE MIRALIA PAVILION W LAKE o ." PAVILION MERCATO VANDERBILT BERCH � - 34 0 in the matter of PUBLIC NOTICE RO was published in said newspaper 1 tim o 33 �� PELICAN PING on April 24, 2015. 1 (DR) <3 RIDGE ', All interested parties are invited to appear and be heard. All materials used Affiant further says that the said Napl in presentation before the Hearing Examiner will become a permanent part published at Naples, in said Collier Co>j of the record. newspaper has heretofore been continu Copies of staff report are available one week prior to the hearing. The file can County, Florida; distributed in Collier be reviewed at the Collier County Growth Management Department, Zoning each day and has been entered as secon Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. office in Naples, in said Collier County The Hearing Examiner's decision becomes final on the date rendered. If a year next preceding the first publicatio person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, promised any person, firm or corporate( he will need a record of that proceeding, and for such purpose he may need commission or refund for the purpose c to ensure that a verbatim record of the proceedings is made, which record publication in the said newspaper. 1 includes the testimony and evidence upon which the appeal is to be based. I If you are a person with a disability who needs any accommodation in order / - --r>! to participate in this proceeding, you are entitled, at no cost to you, to the (Signature of affiant) provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, ,) Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. S • to and b ribed before me Mark Strain, T )` 30th day o, ; pril, 7i 1S Chief Hearing Examiner j Collier County, Florida I iiad _ No.231121316 (Signature of notary public) -- — Apt 24.2015 g ,�60' PV',', CAROL POLIDORA °)/ ,7--1,,,,-;.:. Notary Public-State of Florida ei , it ;• Commission#FF 185630 ;;FOB 00. My Comm. ,, Expires Dec 28,2018 Bonded through National Notary aryAssn. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP ` , DATE: May 20, 2015 BY RE: Hearing Examiner Decision(s) from May 14,2015. Attached are the signed HEX decisions from the Hearing Examiner hearing on May 14, 2015. Attachments: HEX No. 2015 —20 HEX No. 2015 —21 HEX No. 2015 —22 [05-00A-01253/813782/1]744 HEX NO. 2015—20 HEARING EXAMINER DECISION 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. DATE OF HEARING: May 14, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section 9.04.03 of the Land Development Code has been met and the petition is approved. ANALYSIS: This site is developed as a private beach club consistent with an existing conditional use. The applicant requested several side yard variances for changes and expansions that would be inconsistent with the required setbacks under the Land Development Code (as demonstrated on the attached Exhibit V3). No members of the public were in attendance. The applicant provided copies of correspondence from adjoining and nearby property owners expressing no objection to the requested variances. DECISION: The Hearing Examiner hereby approves Petition No. PL20150000189 filed by Karen Bishop of PMS Inc. of Naples on behalf of Vanderbilt Beach, LLC, for 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 to allow for extension of an existing stairway and construction of a proposed arbor and freezer, and from 15 feet to 8.05 feet on the north property line to allow for construction of an additional stairway and reconfiguration of an existing stairway on property located at 9467 Gulf Shore Drive, Naples, Florida, as shown in the Setback Detail attached as Exhibit V3. [15-CPS-01415/1179399/1]48 1 of 2 ATTACHMENTS: Exhibit V3 — Setback Detail Exhibit A—Legal Description LEGAL DESCRIPTION: See Exhibit A. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. I 5 - I°(- 2ot5 jeJA Date Mar Strain, Hearing Examiner App -d as t.jorm and legality: Sco A. Stone Assistant County Attorney [15-CPS-01415/1179399/1]48 2 of2 Exhibit A f: LEGAL DESCRIPTION _____r_.... (SCHEDULE 'A', CHICAGO TITLE INSURANCE COMPANY COMMITMENT"OEPICS FILE NUMBER t (SCHE VA68.00001, DATED APRIL 18, 2008.) A STRIP OR PARCEL OF LAND ALONG VANDERBILT LAGOON, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS' THE ROM LAST QUARTER SAID CORNER THE TTHENCE RUN SAID AT AN AND NORTH�TO WEST WITH SAID ESET LINE LIOF NE S OR 7ECTION FOR 68.5 I SAID YED BY LIED RECORDED IN DEED BOOK 15 AT PAGE 122; THENCE DEFLE T 72'06'10' RIGHT AND RUN NORTHWESTERLY AONVEYED BY DEED - 7 CLUNG THE WESTE�LROAD RIGHT-OF-WAY�AND WIDE HE PLACE OF BEGINNING. 6.59 FEET/ THENCE N81'35'30'E 70.00 FEET TO THE EAST LINE OF SAID E ALONG SAID AND THE APPROXIMATE MEAN 100.00 FEET; THENCE N81'35'30'E LINE (1.5 N.GV.D. FEET TO THE FACE OBSERVED AT;JANUARY 21, E'. 1983 TH BULKHEAD 19831 THENCE SOUTHERL Y ALONG THE FACE OF SAID CONCRETE BULKHEAD AND THE APPROXIMATE MEAN HIGH WA TER LINE (1.5 , N.G.V.D. CONTOUR LINE81'35'�0'W 149.48 JANUARY.TO 21,THE PLACE OFFEEGINNING.LINE BEARING N81'35'30'E FROM THE PLACE OF i. BEGINNING; THENCE S BEARINGS ARE BASED ON THOSE EFSHOE PUBLIC R THE PLAT RECORD OF I T NO COUNTY, FLORIDA. VANDERBILT T BEACH ES TA TES AS RECORDED IN PLA T BOOK 3, � THE ABOVE DESCRIBED VAND PARCEL BEACH ESA PORTION D OF A PARCEL MARKED 'NOT INCLUDED IN THIS HALF AS L RECORDED BLOCK PLAT UNIT t BO 1 3, PAGES VANDERBIL OT F THE P BST BOOK 3, PAGES 8 AND 9 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. OF LAND ON THE SHORE OF THE GULF OF MEXICO, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST,STRJP OR PARCEL AS FOLLOWS' WHICH IS MORE PARTICULARLY DESCRIBED FROM THE QUARTER SAID ION FOR 68.5 FEET EAST THENCE RUN SAID AT AN TOWNSHIP ANG A OF FU79' ROAD DESCRIBED OIBED WEST NWI WITH THE EAS T LINE LINE S OR SEC r SAID SECTION LINE FOR RECORDED FEE T, ALONG 15 CENTERLINE H THE RIGHT CONVEYED BY DEED RECORDED IN DEED BOOK 15 AT PAGE 1211 THENCE DEFLECT 72'06'10' RIGHT AND RUN NORTHWESTERLY ALONG THE WESTERLY SIDE OF A 70 FOOT WIDE ROAD RIGHT-OF-WAY FOR J356.59 FEET AND THE PLACE OF BEGINNING;N8'24'30'W loom FEET; THENCE S81'35'30'11 281 THENCE CONTINUING OR ALONG THE WES TERLY SIDE OF SAID ROAD E MEAN HIGH WATER LINE (15AN.GVD CONTOUR L IN AS OBSERVED ER OBSERVED ED AT NUARY ," 281 FEET MORE OR LESS TO THE APPROXIMATE 1983 THENCE SOUTHERLY ALONG THE APPROXIMATE MEAN HIGH WATERLINE (1.5 N.G.V.D. CONTOUR JANUARY 21, 1983, 100 FEET MORE OR TO PLACE OF BEGINNING,S81'35'30'W FROM THE PLACE OF BEGINNING; THENCE N81'35'30'E 278 FEET MORE OR t BEARINGS ARE BASED ON THOSE SHOWN ON THE RECORDS UNIT COLLIER 1. CORNER' VANDERBIL T BEACH ES TATES AS RECORDED IN PLAT BLOCK 3, PAGES THE PARCEL ME DESCRIBED CLUDEDII ATHIS PLATO AS RECORDEDLINCPLATUBOOK 3,1,PAGES 8RAND 9 OF T HE PUBLIC RECORDS OFA PARCEL MARKED 'NOT INCLUDED COUNTY, FLORIDA. q ,‘ v ‘) r( N \ r• \ ir) ., •• ::\).` e rt 1 ' -7-- — • \ } i 11_____ 1 0 k I I 1 1 1 1 1 Hi ) II , 1 1 m 1 I 1 I I ' H 1 li L co I 1,1 lii i . DA J t\-(1j ..< ci_j 1 .1 ct ma t-- Z i..1""`• 1_, 21.„ cl.. 11 c) i cn 0 11 • UJ iFt CO 143 CO U.J ,•ft. ■ 1 Ct --n) Q. 0......J 1 ,filoi : 1 1 1 1 ,-, -,_, III . 1 1 cc I 1,_=„1 1 I • , cc 1 _ _ __,_ _ _ _ _ Jr-dj LI:, IL . _ L 1 _ J .1 F— j- i,_ ,96 1 1 Q — TI– I --- 111 Li 17 6. '6 itTril 1- -1 i it I 1 r-4 \'‘.--, + no c) .,.._ _--- _ . 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L.__ 0 — _ ( \___ ,kfr.i i 1 1 1 1 I I . 1 I Mid a 1.43z owns 6.?1440sowe,,got Lcomoxoke-KozwoinwErtsPoto,,,m000 r..., AGENDA ITEM 4-8 Co er 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,TWIN EAGLES BEACH&BAY MAY 14,2015 Page 1 of 7 YONG 11I52]CNVA a - a . Q"� - -IR Q--in'r • ' O . a - x © © Ns © WI 13 �8. a • N IM © ir © E I� i Ili Ea -.4',. a ilel gp gm riii IC 31 IC lifl A KI„°1 -:x 4e3 len vAie 'Al 01 irti 1 I. " _ 21 1 _ WI H w° no © ;3 ..�.I1 " 01CL6 Zr. a1 " " ® LL OJ . =i ce" C E _ G grEa Age 11 t.. pR.iF �4 In 1-91191 K ' Z li ltatiglipo OA?— z Wito _ s . ©cc..7 _. t N Aost war i ,, .7.6t., \4_ , 0 I! ii$ .ti % .32 '' ' it 8 c b D7' i B E. N; 7140«AM a a ' . 111 h-..,.,. .- 0 3�: • 44 o �� W i III / � i a i1 11 i � .__� gilaL_„,,, ,,„,4111; ____.:, ir - ,.. ,..., if p L,1§ , Ili a, ,_____, ,, , li 0 11--"Ail If <y `` Q {{ y y/y }' j, Sp '.Y SP'. IIxN+ 1WYInYi i /-- A l' 1111 Q , I 1 „ i i'„ a ir- z 1 I Z? d . O ¢ x - — L_ 11 ” ae-- r r ;rte-,`. I-- f� 'Ill II N U ` _ ill GULF OP MEXICO 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 11111 'qf SubjC . ,.:.'c.,,, r.,4,A,,,,./t,1_.1"". .. VII -...-.4 I*4'.''' I t ,,,,s t '04,, I C , ..___,__ .. „ _„. ; .. . 'Aft..., ;• , -.* ...- lb rO y. I. „r4 �, 5, _ L lie's rn ,;. •c , * ,, _ r r r bs '3`te s +b „ep, te * .- 74 .# iw 4. t 4 *= ”,, IA a , .4.11, wab - Olt ii Ittbi " Aerial(CCPA) 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 private club, which was permitted as a Conditional Use in this land use designation, therefore, the private club 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-PL20150000189,TWIN EAGLES BEACH&BAY MAY 14,2015 Page 3 of 7 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 Page4of7 Are there natural conditions or physically induced conditions that ameliorate the g. py y 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. Apo 'ff,r \\ i SpA \ ----t"-- - r. Bird's-Eye View(Google) 1 f t lir Ai tls , 1 !, + f /' 4 3 I, Street View(Google) VA-PL20150000189,TWIN EAGLES BEACH&BAY MAY14,2015 Page5of7 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 MAY 14,2015 Page 6 of 7 PREPARED BY: p' * s 1/-a - is FRE I ' 49 SCHL,AICP,PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: r 4- z4• /6- DATE S RAYM D V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION �,z" ?-4::' '-I- D7-IC MIKE BOSI,AICP. DIRECTOR DATE ZONING DIVISION VA-PL20150000189,TWIN EAGLES BEACH&BAY MAY 14,2015 Page7of7 - _ ti ,\ If \ 1 - da 4t I .. _- +�. a � �t' �' II I; � 1 'I II " !I ',II; I�t iit , 1en x z CO �t w W Icl CO ` o cl z it o z 4j o z Q W v4.• WI- 0tiI IL k �Z Z !I! Z LI Ca w X11 c3 °d e 4 1 i v"' cn v3 )I -- 1) „if, , c1• 1 Q •+Qr. I - - - 1•_---a �� I • z v 0., Yi o `` -ri- c!! 9s ` t d Q. e I L� = 9 :tI z. .5 111 Cm 1 8 I 1111 o� 8 t ( • c I ( _ r- ,qt r .�. _11 ► ' I 7,1:014 1 I is/ li 'I - *` a� i ' ..,"--'-- i t• Iliiilf c . } /". o t I I l 0 1 - �i ct +� t y \� o Q o ) s \ I E �0 E ~" \�� _ rte n a. V o t �--- -� w : _ .1 aQ t' ! E ---- :-. I' 0 1[ J.\- — 1•t L - U - - L. �1‘ (11 1 i ! I f m Old 1•9£1.2;,CtJbiN 5+1..4.901.1.,1•054w•K8&'no S7. se .ffo ie+'4. Page 1 of Winer %muniy rruperiy MWWrdisrr 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 A 164 Millage Rates O *Calculations Sub./Condo 233200 - CONNERS VANDERBILT BCH EST#1 School Other Total Use Code 0 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 ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=27... 4/21/201 Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT Or STATE DIVISION OF COPI'oR 1I Il)\ inn 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 Accent 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 Coovrioht©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 DIVISION OF CORPOR:IlI0\5 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/S earchResultDetail?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 -- Req. 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 Cooyriaht©and Privacy Policies State of Florida, Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 4/21/2015 Coder 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 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: MI ZIP: 48027 Telephone: Cell: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: Cell: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 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colllergov.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: Lot:1 xIIx""°'"a 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 S RT-VBRTO Gulf Pointe Condominium `1 E Public Waterway Vanderbilt Lagoon W Public Waters Gulf of Mexico Minimum Yard Requirements for Subject Property: Front: so'Min. Corner Lot: Yes ( + No ■ Side: 15 M'n. Waterfront Lot: Yes III No Rear: ao'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 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 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://www.callliergay.net/Index.aspx?page=774. Name of Homeowner Association: Sunset Bay Condominium Mailing Address: 9486 GULF SHORE DR City: Naples State: FI ZIp: 34108 Name of Homeowner Association: Gulf Pointe Condominium Mailing Address: 9439 GULF SHORE DR City: Naples State: FI 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 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. Cor 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? f l Yes n No If yes, please provide copies. 6/4/2014 Page 4 of 6 t. Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: 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 #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) Q Q ❑ Pre-Application Meeting Notes 1 ❑ 0 Project Narrative Q x❑ ❑ Completed Addressing Checklist 1 f ❑ Conceptual Site Plan 24"x 36"and one 81/2"x 11"copy Q 0 ❑ Survey of property showing the encroachment(measured in feet) 2 Q ❑ Affidavit of Authorization,signed and notarized 2 0 ❑ Deeds/Legal's 3 ❑ Location map 1 ❑ Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 ❑ included on aerial Historical Survey or waiver request 1 ❑ [� Environmental Data Requirements or exemption justification 3 ❑ Once the first set of review comments are posted, provide the assigned 1 ❑ ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 ❑ ❑ 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 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 Planners:Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam [ Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer, Planning Director ❑ Historical Review Comprehensive Planning:See Pre-Application IT Meeting Sign In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management: Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ri Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS ❑ Pre-Application Meeting: $500.00 N Variance Petition: o Residential-$2,000.00 X Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee X Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00 ❑ After The Fact Zoning/Land Use Petitions: 2x the normal petition fee Listed Species Survey(if EIS is not required): $1,000.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 1 / 1\111/ 12/5/14 I �I Date Applicant Signature t Edward R. Schonberg Printed Name 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 Trident Prnpertes Inc (company, If applicable), swear or affirm under oath,that I am the (choose one) owner x applicant contract purchaserl and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/l authorize Jay 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 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, and then use the appropriate format for that ownership. Under penalties of perjury, I d tare that I have read the foregoing Affidavit of Authorization and that the facts state in it are ue. (it d T. 1Z/ 5/ i� Signaturf Date Etio4" r& R. Sckon43er� STATEOF1�.L 4MIeHiGAn1 COUNTY OF COLL= W AY NI6 The foregoing instrument was sworn to(or affirmed) and subscribed before me on DectMbtr 5,2e14(date) by Edw c& K. Sc1,,01-11wer (name of person providing oath or affirmation), as V t cc fr ,V-'r who is personally known to rue or who has produced (type of identification)as identification. C VV STAMP/SEAL Sign ure of Notary Public MICHELE C WALKER NOTARY PUBLIC.STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,2G1:. ACTING IN COUNTY OF VI-211N C I'\013-COA-00115\155 REV 3/2.4/14 VA-PL20150000189 AFFIDAVIT OF AUTHORIZATION — FOR PETITION NUMBERS(S) I, Ed Schonberg (print name), as Vice President (title, if applicable) of Tririent Properties, Inc (company, If applicable), swear or affirm under oath, that I am the (choose one) owner X 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 subject to the conditions and restrictions imposed by the approved action. 5. We/I 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. 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 declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Ca V Ali) / 215// q Signa ure) Date Edwbr& IZ. Scti,o,berg STATE OF SL=GRIDAM1eHIGAN COUNTY OF 013151AER W Al NE The foregoing instrument was sworn to(or affirmed) and subscribed before me on D4. twbkr 51,204(date) by Ed v r(�, e.. Schanbero5 (name of person providing oath or affirmation), as y;c-c P.e s 1 at nt who is personally known to me or who has produced (type of identification) as identification. e • 7Yc STAMP/SEAL Signature of Notary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF Mi COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10.2011;. ACTING IN COUNTY OF ware. ('1'10X-('OA-Ut1I 151155 RIW 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 n-;er By: Aid Edward R. Schonberg Its: Vice President TRIDENT-DUNES L.L.C. By: Trident Pro.- 'e I ember By: Ail fdli Edward R. Schonberg Its: Vice President I3 A6 RESOLUTION 2000- 3 0 0 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. -1- 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 day of ,2000. BOARD OF ZONING APPEALS COLLIER CO - %tie A r BY: .r Attest as to Chairman's TIM eJ•CO •.f I•,C'AI• N signature on y. •' ATTEST: 'D VIGH t:CROCK,Clerk ATe Approved as to Form and Legal Sufficiency: 7Yku L.711-i Marjor%M.Student, Assistant County Attoney g/ndmm/CU-2000.10/RES OLUf IOWSM/im -2- • • 13A6L. 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 vc 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 & e ss Yes No C. Affects neighboring properties in relation to noise, glarev-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 wfin district Yes P' No Based on the above findings, this conditional use ld, with stipulations, (copy attached) ( ) be re/mm ded for approval 6 Ctfnlren'1.gr✓ > / DATE: C{ /7 alto r. rte / g/admin/CU-2000-10/F[NDING OF FACT MEMBER/SM/im 13A6 .-� Exhibit B CU-2000-IO 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. .. EXHIBIT "C" 13 A6 sync,MT taPoaw+ur WW1 Mt C011001nn1w ZONING:PI 201!40:al �� r _-} rr.n.r•M��___..{ PF/1711��FD JV: f re W 11 -r, /GYM MIS .... 1 i ;C i , ' • __ r { T i Fes, ,w�I.. 11 (I rt f� I . „ �cr.- T u. I I u (,kr►OMS [ONDOfwrrull sN/sM,llO a MOLD COIOOIWW 20NMG RI el ZONING.P7 • : t 11 it M ' r.., 3 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 tothe 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. 13 46 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(Hobie 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. f 1 3A 1 . ' RESOLUTION 98- 234 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF PRIVATE CLUB CONDITIONAL USE "5" IN THE "RT" ZONING DISTRICT PURSUANT TO SECTION 2.2.9.3 ')F THE COLLIER. COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 'ri-E?U.L, the Legislature of the Stat. of Florida in Chapter 67-1246, Laws of Florida, and Chapter 12t, Florida Statutes, has conferred ',.: Collier County the pow,:r 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 r•_gulations 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 hearinz after notice as in said regulations made and provided, and has considered the advisability of Conditina' Use "5" of Section 2.2.5 .2 in an RT" zone for a private club on the property hereinafter dr:icribed, and has found as a matter of fact !Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable utters required by said regulat:cns and in accordance with ..ubsection .:. ,. , of •.he Land . Development Code for the Collier County Planning Coomissi ,n; and WHEREAS, all interested parties have been given :pportunity 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 ;'runty, Florida that: -1- 1 3 A 1 "!.- . -ition filed by Chri:;top!.'er 0. itri•s::t, i'.E. of RWA, Inc., represeroir. l Twin Eagles Development Company, LTD with respect to the . property hereinafter described as: ........_.t "Fr" which is attached !:_reto ans incorporated by referense herein be and the same is hereby approved for Conditional Use 'S' of Section 2.2.8.3 of the "RT" zoning district for a private club in accordance with the Conceptual Master Plan (Exhibit "`.:". •,::d n.Jt.P_r:t to the following conditions: 1. The Planning . Technical Services Manager may approve minor changes in the location, ...'.incl, or hei'lht of • ..._.dings, structures, and improvements authorized by the conditional use. Expansion of the uses identified approved within this conditional use application, ra jor changes to the site plan cu:--'t—e— ds part of this application, shall require the submittal of a new • :thdi:ioval use application, and shall comply with all . . _:cable County ordinances in effers at he time of • .......:ttai, including 3. , ;_te :e•. _icpment -an Review and Approval, .. :he _ .._ _. :runty Land e.elopment Code (Ordinan- . ... his approval authorizes Lnly construction the • r'as shown n on the diaster Fiar.. The facilities shall be constructed in substantial conformance to the Master Plan with only minor4111 ;e•.iations to accommodate the eonstrs__i -n process. The facilities shall operate silly as an amenity to the Twin Eagles Golf and Country -tui. Levelopment, for use ., . _..-. by members and guestff _he deve_ men /country 4. Petitioner intends, and will, operate this ra-i lith in reasonable manner so that it will not have an ..,.reasonable adverse impact on adjacent residential prsperties. 5. The facilities shall be open only between 8:Cr� AM and sunset. The snack bar must close at that time and use of the Fool and other facilities must cease. All users .oust depart the facility within 30 minutes after sunset. Petitioner shall he responsible for strictly enforcing these hours. The only exceptions authorized are as follows: overnight guests and/or resident manager in the . living units may use those unit=. • r., There can be as many as six events 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 to the property managers or other owner representatives of the adjacent properties of the date of each event. 4111 -2- 1 i • The facility will have on-site management during all hours that it is open and n'rch managemer:t. wi 1 l a1::0 remain on-site after closing to ensure that those actions that. need '.,) be taken at. the ':n'i of each -era::ng day to to 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 Petitioner's organization who can respond to problems or emergencies at the site during hon-opera:i. , hour.. ?. Food service will be limited to a oandwieh/grill type operation. Cooking facilities will have proper odor scrubbing exhaust equipment. This will not apply to bar7ecue-type cookers that may he used an the special described above. 9. 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. . each chairs, umbrellas, cabanas, and similar devices .. E_plied by the club shall only be used on the beach in frzht of the club, defined as the teach area within the area enclosed by the property lines of the club, x:ended to the edge of the water. : .. Th:-re shall be no personal watercra:t ,. per;oval sailboats (Hobie Cats and the like, allowed on the .. side. 14. :sin connection with access via the Vanderbilt -n may not be used for the berthing or mooring of jars in excess of forty-eight (49) hours. 1c :7 .-'.iR.T'ER RESOLVED that this Resolution be recorded in the minutes ._ ...is Hoard. - -3- • This Resolution adopted after motion, second and majority vote. Done this .2-3/.,{_. day of -(4.,._,i , 1998. 4111 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Attest as to Chairman'sk -E signature only, a:' ;�� BARBARA B. BERRY, Chairman ATTEST: DWIGHT E. BROCK, Clerk tom' r"ic.• .1. 1r“-,/67e Approved as to Form and Legal Sufficiency: Marjorie ... Student Assistant -;Aunty Attorney -4- 13 41 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 Plapil 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 C/ 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 us shouwith stipulations, �(copy�attached) (should not) b- r- o emended for approval 5i /(Y . / ;0"r DATE: - 47 - 47?"."- MEMBER: X' � � J j ./CU-98-1 FINDING OF FACT MEMBER/ Exhibit "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 :he 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, 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, ecgnomic or odor effects : V No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district : Compatible use thin district Yes No Based on the above findings, this conditional use shoul. with stipulations, (copy attached) be recomme.: -: for approval DATE: f/�c.r e `( y� MEMBER: % i%/tt2.'// :/CV-98-7 FINDING OF FACT MEMBER/ Exhibit "A" 1 3 A 1 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 :ode 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 V, No C. Affects neighboring properties in relation to noise, glare, economic or odor effects : 9 by :.�P��,,T,�•i� No affect or Affect mitigated Affect cannot be mitigated ,, ,e1A-- 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) ( /recommended fob• approval DATE: G - -/ - / , �� MEMBER: /4' 4.(/- f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" 1 3 1 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. :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 f- 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 f No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: -Li J S MEMBER Cis,.. (1/4 ,e2t. f/CU-9B-7 FINDING OF FACT MEMBER/ Exhibit "A" 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 ' 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 district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) shout knot) be recommended for approval DATE: Y � �!' MEMBER: ,t vr,c / , f/CV-98-7 FINDING OF FACT MEMBER/ Exhibit "A" I 3A 1 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 c=ode 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, ecopcmic 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) (stet) be recommended for approval 42Akqt, DATE: '7/1-0' CHAIRMAN —X(4W `_/CU-98-7 FINDING OF FACT CHAIRMAN/ Exhibit "A" 1 3A1 Ins A TRACT OR PARCE6:or LAND`SITUATED IN THE STA JnoRIDA,'.COUPOIVIOF COLLIER,: LYING IN SECTION 32. TOWNSHIP 45 SOUTH. RANGE -RAST. BEING LOT 13, BLOCK A. THE NORTH ONE HALF OF LOT 11;•BLOCK 8 AND THE SCOTT4*ONE HALF OF LOW12, BLOCK 9, CONINER'S \IANOERBILT BEACH. ' UBOIVISION. PLAT atAQIC,3, PAGES B ANO: 9. COLDER COUNTY PUBLIC RECORDS, AND.BEING FURTHER BOQ.AND DESCRIBEOO'AS FOLLOWS: COUMENCING AT A RAILROAD SPIKE UARk►NG THE INTCRSE.CTION OF THE.CENTERLINE OF GULF SHORE DRIVE (70.00 FEET.WIDE) AND THE NOR-R}:RIGHT OF WAY LINE'OF COUNTY ROAD NO. 5-562 (VANDERBILT BEACH ROAD - 100.007.FEET wiDE), AS' SHOWN ON SAID • RECORD PLAT OF CONNER'S VANDERBILT BEACH SU ON. SAID INTERSECTION LYING• N.80'09"15'w. AT 36.78 FEET FROM THE SOUTHWESTER OF LOT 1, SND BLOCK B. CONNER•` VANDERBILT PEACH SUBDIVISION', THENCE' M:t}8'03'05'W. ALONG.:SAJD CENTERLINE OF GULF SHORE DRIVE. FOR 1315.32 FEET;' THENCE N.81"50'35'E., FOR 35 U0 FEET TO THE POINT Or BEGINNING OF THE EAST'PARCEL (SAID NORTH ONE HALE OF LO1 I BLOCK B AND THE SOUTH ONE HALF CF LO1''.,?f2, BLOCK B); THENCE CONTINUE N.81'`,6•._:5"E . FOR 200.00 FEET: THENCE N 08'03'05V.. ALONG THE EAST LINE OF 5A1D BL:ICV B. FOP 100.00 FEET; THENCE 7. 91'56'55'W FOR 200.00 FEET; THE.ITCE S 08'03.05'E. ALONG THE EAST RIGHT OF WAY LINE .OF SAID GULF SHORE -DRIVE. FOR 10(1.00 FEET TO THE POINT OF BEGINNING OF SAID C ! PARCEL �' •' • COMMENCING AT SAID POINT OF BEGINNING OF THE EJ ,PARCEL; THENCE ,i311'56'55 W. ACROSS SAID GULF SHORE DRIVE, FOR 70.00 FEET THE?'1OINT OF BEGINNING'OF THE WEST. PARCEL ('..AID LOT 13. BLOCK A); THENCE NO3'03'05 ,.ALONG THE.WEST RIGHT OF WAY LINE OF SAID GULF SHORE DRIVE. FOR 100.00 FEET; £NC£ S.81'56' 5'.W.;%1LONG THE NORTH LINE OF SAID LOT 13. BLOCK A. FOR 334.7 f 1T THE MEANHIG44:•WATER UNE'; OF THE GULF CIF MEXICO; THENCE SOUTHERLI ALONCQ'MEAN HTt i.WATER LINE FOR ' ;00.2 FEET. MORE OR LESS TO AN INTERSECTION W1TH .SOUTH LINE,.OF SAID LOT 13. .' BEARING S E 1-56.55-W. PROM THE POINT C.F BEGINNI , THENCE N .ALONG SAiD SOUTH c INE. FOR 329 2 FEET, MORE OR LESS. T•.�OINT OF..BEGIMIG OF THE WEST PARCEL `.t{ PARCELS COMBINED. CONTAIN 53195 SODAPE FEET OR•,4 ,22•.ACRES, .MORE..OR'LESS. • EAST PARCEL (OVERALL) CONTAINS 20000 SQUARE s . O14.0.46 ACRE, VIE OR LESS. EAST PARCEL (LESS BAYOU) CONTAINS 14937 SOUAR 1 111:OR 0.34 ACRE IAORE OR LESS. ••• WEST PARCEL CONTAINS 33196 SQUARE FEET OR MORE OR LESS. . Exhibit "B" . . .-• . _ • 1 3 A 1 •A.41.104•• : • . ; .'• E.) ' • . I , • "--" '"'" . ' 3 1 ; . • '" ' '' " i an Ci I ." ....... • .....•06.... ......„ •i 1• • • i i 6 rc .., .. =I _____........._—__................ ; r •. • —-.— t, 1 1 k II •,• _ ______ ! —W I ;. •. i ! ------ ,• • : ;, - s !I -; • i } • • ::; •`1 : - • I 7, i. ... .. • • F- :; • --• :F. i. • •• i... il : i i . i !! Fs ; •4 fl : : .._ 7, •• `.. 1"1 •-4 a I - . . I{ t• 7• • '1 • :: • •••1 if- • ;••,1 • ... i' -... ' •" " i. • I 1 .-“ : 'T. • • o SI • 3 ..) . '1 :! 7 i 5 i' • . .1 ' • ; . • III . . • ; I 1 1. , • 5 ,Z; 1 t.' 1 6 .. • ,••3 • • — . — , . e • • • • .:- - -- - . ,i vow 3).0..5 .01":0 • •1 . . Z — LLI • hi' . . . 'il• I 1-- i ipl I Hi — i r").•• 1 ; i . X 1 1 ' • , • $ I . i 1 . L i i) ---', i; za. , q 1 ci 1 1111011.4 II li -.•'1: IV- 1. - - c si •,1 il ;•• I—... --..dimak. ”. 1 li II ; •,-.:.---..- ' Is : I. _ 'l i •••• r . 14i "--- El t-s-r- 11 . • li ' • • : . .': ' • .. : • ; •1 • : : - - ,..--..-.. • I ., i ____ //r- —i • . . ; -.• , . I. • I; . - it ii . ' , :1 • 1: I. • • - -* . ; 1 .1• - s/. 1 ; ; 1, ....• ..1 g 1. ••• 1•1 . 1 ,, •• • .• 1,• __.•1 al• •4 ... ..,4, . . 1 • 4. : i:. ".1 .—T1 ... . . . I t;$: ;:: I .-. ; •ri r !.is 1:: 1 i . 1 . .: • i, 1 . _J I ! , , . • .. I i . 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, May 14, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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. NAPLES-IMMOKALEE \ GRANA,A CREEKSIDE ROAD (GR.846) COVENTRY '•> SQUARE BHOPP;S COMMERCEMARK✓ !'yJ NAPLES NAPLES [ DAILY NEWS _r 8 PARK VANDERBILTV 28 27 BEACH w0 p . > ESTATES < PROJECT .. LOCATION ELICA C (DRI) F t" PAVILION w "� I MIRALIA LAKE O MERCATO O ..1 PAVILION VANDERBILT BEAa 34 g. CH ROAD>4Il33 o , PELICAN PINE BAY 4 RIDGE 6 (DRI) k All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, EXHIBITk Chief Hearing Examiner Collier County, Florida A April 24.2015 No.231121316 g5.1 a e��I (HEX) May 14,2015 SV-PL20150000086 it./ RaceTrac Petroleum, Inc. April 14, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 24, 2015,and furnish proof of publication to the attention of Michael Sawyer, Project Manager, Zoning Services in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. ,A1-0(l Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising PL201500000086 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, May 14th,2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104, to consider: 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 façade facing Tamiami Trail East and 37 square feet on the façade facing Barefoot-Williams Road,and 37 square feet on the facade 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 façade facing Barefoot-Williams Road and three on the north building façade 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida T ________ , , ,,---.4. w6 .,- \ UO� I- z w U 0 � /,0 0 NI- 0� w PO CC 0 H v �U • 8 e1311700 0 o co. (1-96 - '�•S) J O I I- CS < J w W U w CC wv Cv In 4 a Li- a F2 o Lii w 0 zJ > w ,(j0 H _ O (W U Z= 0 z fx Q d z 5 J I _ 0 H (n H F- Jw (/) WW N w � a I F- rx (n o a 3 Lo o f- f- z Lu w w cc H Acct #076397 April 14, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: SV-PL20150000086, RaceTrac Petroleum, Inc. (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, April 24, 2015 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500154426 April 14, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 24, 2015, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail E., Suite 401, Naples, FL 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 4ix Authorized Designee signature for HEX Advertising PL201500000086 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,May 14th,2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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 façade facing Tamiami Trail East and 37 square feet on the façade facing Barefoot-Williams Road,and 37 square feet on the facade 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 north 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida - — 1 I I iz .0. T \ ct O OW I Q SSk/7_O ,t OCr m 0■ •/\18 el8I11OO oo ; (t 56 - '�'s) J U n Illik J F- 0 �Q O W \ W U Q� Q w N a cr wW Z O W NO U Z U _ W w w U o N Z ZW IY j Q n' --J I IIP,IP 0 H W 6 Q I- fi J W (/) W W N w PO II- Q I I- IX (n O a O F- 1- Z w w ct F- Martha S. Vergara From: Martha S.Vergara Sent: Tuesday, April 14, 2015 3:09 PM To: Naples Daily News Legals Subject: SV-PL20150000086 RaceTrac Petroleum,Inc. Attachments: SV-PL20150000086 (RaceTrac 5-14-15).doc; SV-PL20150000086 RaceTrac (5-14-15).doc; SVPL20150000086 RaceTrac (5-14-15).pdf Legals, Please advertise the following attached ad Friday, April 24, 2015 (w/display map). Please forward an ok when received, if you have any questions feel free to call me. Thanks Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(a,collierclerk.com 1 Martha S. Vergara From: Polidora, Carol <carol.polidora @naplesnews.com> Sent: Friday, April 17, 2015 8:40 AM To: Martha S. Vergara Subject: #231121318.CCHEX.RaceTrac Proof for 042415 Attachments: NDN231121318.CCHEX.RaceTrac.042415.pdf Hi again! Please provide approval ASAP for publication on 04.24.15. Have a GREAT day! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Napir35-Datili Nritit3 Ne PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M., on Thursday, May 14th,2015, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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 façade facing Tamiami Trail East and 37 square feet on the façade 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 façade facing Barefoot-Williams Road and three on the north building façade 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. TREE TOPS WHISTLERS PROJECT , TRAIL COVE ACRES LOCATION 32 /33 ' r 34 VINCENTIAN p RESORT COMMUNITY s; � �9,y,,, (DRO oiy 0� WENTWORTH ESTATES &2I/ 42-$. < �Ov II FALLING VICTORIA FALLS N711/ WATERS 'A1` RESORT WESTATES �'�'� ESTATES 4 J 5 EAGLE ,^_m 3 CREEK rn K ARTESA cc J POINTS LANDS END -O /APL.. PRESERVE DOCKSIDE OTO• CO ' RESORT All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.23112318 April 24.2015 Martha S. Vergara From: Martha S. Vergara Sent: Friday, April 17, 2015 9:08 AM To: Sawyer, Michael; Rodriguez, Wanda (WandaRodriguez @colliergov.net);Ashton, Heidi; Bonham, Gail (GailBonham @colliergov.net) Subject: HEX Mtg SV-PL20150000086 RaceTrac Petroleum Inc. Attachments: NDN231121318 CCHEX RaceTrac 042415.pdf Morning All, Attached is the NDN Ad proof, please review and let me know of any changes ASAP. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com Martha S. Vergara From: Sawyer, Michael Sent: Friday, April 17, 2015 9:51 AM To: Martha S. Vergara Subject: RE: HEX Mtg SV-PL20150000086 RaceTrac Petroleum Inc. Looks good to go. Thanks much, Michael Sawyer Project Manager, Zoning Services Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 From: Martha S. Vergara [mailto:Martha.Vergara@@collierclerk.com] Sent: Friday, April 17, 2015 9:08 AM To: SawyerMichael; RodriguezWanda; AshtonHeidi; BonhamGail Subject: HEX Mtg SV-PL20150000086 RaceTrac Petroleum Inc. Morning All, Attached is the NDN Ad proof, please review and let me know of any changes ASAP. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(a,collierclerk.com Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Stone, Scott Sent: Friday, April 17, 2015 10:31 AM To: Martha S.Vergara Cc: Ashton, Heidi; Sawyer, Michael; Rodriguez,Wanda; Bonham, Gail Subject: RE: HEX Mtg SV-PL20150000086 RaceTrac Petroleum Inc. Hi Martha, The 11th line down should refer to the "northeast building facade facing Tamiami Trail East..." Thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: AshtonHeidi Sent: Friday, April 17, 2015 10:09 AM To: StoneScott Subject: FW: HEX Mtg SV-PL20150000086 RaceTrac Petroleum Inc. Scott, Please review. 1-/a.fiskoff-Cielo Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Friday, April 17, 2015 9:08 AM To: SawyerMichael; RodriguezWanda; AshtonHeidi; BonhamGail Subject: HEX Mtg SV-PL20150000086 RaceTrac Petroleum Inc. Morning All, Attached is the NDN Ad proof, please review and let me know of any changes ASAP. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court 1 Martha S. Vergara From: Martha S. Vergara Sent: Friday, April 17, 2015 10:45 AM To: 'Polidora, Carol' Subject: RE: #231121318.CCHEX.RaceTrac Proof for 042415 Carol, Legals would like the following change to this ad... Nonce is hereby given that a public hewing will be held by the Collier County Hearing Examiner (HEX)at X00 A.M..on Thursday,May 14th,2015,in the Hearing Exam;ner's Fleeting Room,at 2800 Nodn Horseshoe Drive,Room 609/610,. Naples FL 34104.to consider. 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 facade 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 north' building facade facing Tamiami Trail East; and from LOC Section 5.06.04 F.4.e, which limits non-illuminated, Line 11 should read: non-reflective signs located in a window to cover a maximum of 25% of the window northeast building facade facing 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. F mumps PROJECT LOCATION Thanks, Martha From: Polidora, Carol [mailto:carol.polidora(anaplesnews.com] Sent: Friday, April 17, 2015 8:40 AM To: Martha S. Vergara Subject: #231121318.CCHEX.RaceTrac Proof for 042415 Hi again! Please provide approval ASAP for publication on 04.24.15. Have a GREAT day! Carol 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M., on Thursday, May 14th,2015, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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 façade facing Tamiami Trail East and 37 square feet on the façade facing Barefoot-Williams Road, and 37 square feet on the facade 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 façade facing Barefoot-Williams Road and three on the northeast building façade 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. TREE TOPS WHISTLERS , ISTLERS PROJECT TRAIL COVE ACRES LOCATION 32 33 U Y 34 VINCENTIAN T RESORT COMMUNITY .�� - /q4.* (DRI) Ih 0" WENTWORTH ESTATES OTq-/ G v� 6 G ■ , FALLING VICTORIA FALLS WATERS BEACH N RESORT WENTWORTH ATES 5 ESTATES 4 EAGLE m M 3 CREEK ) D: ARTESA x J POINTS /4 V) LANDS END "0 PRESERVE DOCKSIDE OTO•. CO ' RESORT All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.23112318 April 24.2015 Martha S. Vergara From: Rodriguez, Wanda Sent: Thursday, April 23, 2015 11:32 AM To: Martha S. Vergara Cc: Stone, Scott; Bonham, Gail; Sawyer, Michael Subject: RE: RaceTrac - Revised ad for HEX Martha, The ad looks good, OK to proceed. Wanda Rodriguez, MCP .Advanced Certified Paralegal- Office of the County .Attorney (239)252-840o From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Thursday, April 23, 2015 11:17 AM To: RodriguezWanda; StoneScott; BonhamGail; SawyerMichael Subject: RaceTrac - Revised ad for HEX Importance: High Hello All, Please review attached revised ad and let me know within the hour, deadline to NDN is at noon for this ad.. to be published tomorrow!! Thanks, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 20ADFriday,April 24,2015 )) NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,on Thursday,May 14th,2015,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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 façade facing Tamiami Trail East and 37 square feet on the façade 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 façade 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. TREE TOPS/ Ni WHISTLERS PROJECT ACRES COVE LOCATION 32 33 LELY 34 VINCENTIAN T RESORT COMMUNITY - gM/ (SRI) 0 WENTWORTH ESTATES </ CO / '' V FALLING VICTORIA FALLS 4j1. WATERS RESORT WENTWORTH 44,ESTATES 4 EAGLE 3 5 CREEK m ARTESA POINTE LANDS END y O /APLa. PRESERVE I UI DOCKSIDE OTO• CO. RESORT All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida No.23112318 — April 24,2015 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,on Thursday,May 14th,2015,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: NAPLES DAILY NEWS PETITION NO. SV-PL20150000086- RaceTrac Petroleum, Inc. requests a variance from Published Daily LDC Section 5.05.05.C.2.b, which limits automobile service station canopies to one Naples,FL 34110 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 Affidavit of Publicatic façade facing Barefoot-Williams Road,and 37 square feet on the facade facing a vacant commercial parcel which is located on the east side of the fuel canopy and not adjacent State of Florida 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 Counties of Collier and Lee 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 façade facing Before the undersigned they serve as tl 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 appeared Daniel McDermott who on o area, to instead allow such a sign to cover a maximum of 46% of the window area,for Inside Sale Manager of the Naples Dai the proposed RaceTrac automobile service station located on the southeast corner of newspaper published at Naples, in Col Tamiami Trail East and Barefoot-Williams Road intersection, in Section 33,Township 50 distributed in Collier and Lee counties South,Range 26 East,Collier County,Florida. attached copy of the advertising,being TREE TOPS )11 WHISTLERS PROJECT TRAIL Ilb COVE PUBLIC NOTICE ACRES LOCATION 32 ,33 L;Y 34 VINCENTIAN ,), RESORT COMMUNITY -� in the matter of PUBLIC NOTICE �4„ roRl) WENTWORTH ESTATES . .???1/‘ 4v). O was published in said newspaper 1 ti ■ ` FALLING on April 24, 2015. VICTORIA FALLS WATERS BEACH . RESORT WENTWORTH ESTATES 4 Affiant further says that the said Na' 5 CREEK � CREEK m„ID 3 W ARTESA published at Naples, in said Collier C. I J POINTE LANDS END O / APLa. PRESERVE DOCKSDE OTO. newspaper has heretofore been contin CO • RESORT County,Florida; distributed in Collier All interested parties are invited to appear and be heard. All materials used in presentation each day and has been entered as seco: before the Hearing Examiner will become a permanent part of the record. office in Naples, in said Collier Count Copies of staff report are available one week prior to the hearing. The file can be reviewed at year next preceding the first publicati the Collier County Growth Management Department,Zoning Division,Zoning Services Section, 1 advertisement; and affiant further say 2800 North Horseshoe Drive, Naples,FL. promised any person, firm or corporat The Hearing Examiner's decision becomes final on the date rendered. If a person decides to commission or refund for the purpose appeal any decision made by the Collier County Hearing Examiner with respect to any matter publication in the said newspaper. considered at such meeting or hearing, he will need a record of that proceeding, and for such tc_ttrf purpose he may need to ensure that a verbatim record of the proceedings is made, which • \ record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this (Signature of affiant proceeding,g,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, 1 Suite 101, Naples, Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Sw to and •ubsctibed before me Mark Strain, T 130`h day o aril, 2115 Chief Hearing Examiner Ate/ Collier County,Florida .�`L -� r No.23112318 _ April 24,2015 (Signature of notary public) -- -- - .�,I,''it CAROL POLIDORA Rr ,�� •'� Notary Public-State ofr Trida ,_ Commission#FF 185630 " ��oa;•' My Comm.Expires Dec 28,2018 o,,of��, Bonded through National Notary Assn. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP ` , DATE: May 20, 2015 BY RE: Hearing Examiner Decision(s) from May 14,2015. Attached are the signed HEX decisions from the Hearing Examiner hearing on May 14, 2015. Attachments: HEX No. 2015 —20 HEX No. 2015 —21 HEX No. 2015 —22 [05-00A-01253/813782/1]744 HEX NO. 2015 —21 HEARING EXAMINER DECISION 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 façade facing Tamiami Trail East and 37 square feet on the façade 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 façade facing Barefoot-Williams Road and three on the northeast building façade 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. DATE OF HEARING: May 14, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.06.08 B of the Land Development Code has been met and the petition is approved. ANALYSIS: This variance application addresses signage for an automobile service station, including a convenience store and fueling facilities. There is a canopy covering the fuel area that is 219 feet long by 40 feet wide. The sign changes requested are for both the fueling canopy and the front façades of the convenience store. The increase in the size of the canopy signs is proportionate to the size and elevation of the canopy sides where they will be attached. The additional canopy sign on the east side of the fuel canopy is facing a vacant commercial parcel to the east, To further improve compatibility with the adjacent residential community, the applicant offered buffer enhancements along their rear property line. [15-CPS-01411/1179308/1]26 1 of 3 DECISION: Petition SV-PL20150000086, filed by Kristina Johnson of DeLisi Fitzgerald, Inc., representing RaceTrac Petroleum, Inc., is hereby approved for the following variances for the property located at 11700 Tamiami Trail East and further described in Exhibit"A", in accordance with the Proposed Site Plan attached as Exhibit`B", and as subject to the condition(s) set forth below: 1. 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 facade facing a vacant commercial parcel which is located on the east side of the fuel canopy and not adjacent to a dedicated street; 2. 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 3. 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. ATTACHMENTS: Exhibit A—Legal Description Exhibit B—Proposed Site Plan LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. The rear masonry wall to the south shall be increased from the required minimum height of 6 feet to a height of 8 feet, as offered by the applicant. 2. The canopy trees that are required by the Land Development Code along the rear of the project will be mahogany trees as specified by the Land Development Code and as offered by the applicant, in lieu of live oak trees. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. [15-CPS-01411/1179308/1]26 2 of 3 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. S- iq 205 ct Al Date M. k Strain, Hearing Examiner App ved as tp orm and legality: Sco A Stone Assistant County Attorney [15-CPS-01411/1179308/1126 3 of 3 "*u OR 5011 PG 78 *** EXHIBIT "A" Commence at the West 1/4 corner of Section 33,Township 50 South,Range 26 East,Collier County,Florida, proceed Northerly along the section line between said Section 33 and Section 32,Township 50 South,Range 26 East,North 02 degrees 49'48"East,884.91 feet to a point on the south right-of-way line of U.S.41;thence Southeasterly along said right-of-way lute,4424 feet-along the arc of a curve concave to the Northeast having a radius of 3,210.55 feet,a central angle of 0 degrees 47'22",and a chord distance of 4423 feet,bearing South 54 degrees 01'20"East to a point of tangency;thence South 54 degrees 25'01"East along said right-of-way line 1,124.37 feet to the Point of Beginning of the herein described parcel;thence continue South 54 degrees 25'01"East 600 feet alongsaid right-of-way line;thence South 35 degrees 34'59"West 321.16 feet;thence North 54 degrees 25'01"West 541.69 feet,to a point on the East right-of-way line of Barefoot Williams Road; thence Northerly along said right-of-way line 132.69 feet along the arc of a curve concave to the East having a radius of 140.00 feet,a central angle of 54 degrees 18'18",and a chord distance of 127.78 feet bearing North 08 degrees 25'50"East to a point of tangency;;thence North 35 degrees 34'59"East,207.46 feet to the Point of Beginning. _ _ pil N � lir , iil° u cn a gg N ii ¢a9 m Of rn 1•i a!a il !i 'i it! 1 11�{�6;`![41��° ii gq 1! ii C C g e ff) N l) 5 ! h!! ! ;! i Ili i !shin! 1 s ii i•111 e )i!1!IMO�!11 ii iii !1 4i li O L � v i 3 ; e � � 3 1 . [BF li mil 04000000 y kk1•111 ir 1 1i�� ' ! 1 1� + ; _ 6111•i' ; I f ihu, 91 1, I 1, i i 1 it i i I 11 III I t , ! ' ii I sttl Hi il If k. RI ,i ; i 1 1 I Y 11.1._ 9 / / ..:eJ 1:, ...j a _%3 I i ; 11 1. . f;1111111 --,,, a 1 z , N , 1 ir ! ,..,41*.-i:-:. .,____ ,) ,, , , , , . , Ei i . i / p=Y - /J! _ $ m ! _lid . / / r • _.i - 1 / Ii i ; „. s — i 1 i ' w+ t !--7Y L / ■ + i 1 - I = ® ` %'• 1i _ _ N -i ! 1 0 1 iE 1 ! 1 ,C , . 7 malt, I Nil I ---!'" . �� ~_ . � ----1 .' ' � c a1v1 a aid 01991 r s•nnSuo�n� � . cn . . Exhibit B AGENDA ITEM 4-C Collier 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 illi.7464tAl EV 4 ..W-Alighosuir 9 II 1 411111110 It447;4r1111>I3.: c's? 0011` a /.40 ..„311 Itill 4 a Olt = i z 0 1- I I-trc ceir-0 • 0 0.. 1 04 < M% •,.g'g i .4 • • i 1 1 z 11 2 ge 0 Z Z N 4 $ z 1 i /44, tc. co .... ‘cs Lim abinEw imu cT. i 0 21 . 21 in Minn=.MU rgi• gig3 LIM 11173 1 Imp I g ' i ..I CI- ;T1.011 OL ION Cn Z i 0 E I I i § - '. — /1 ILI - 112-41 it ' ,—..-1 t 3 .._ .§1 1 ,•,7 . ill ip. 1,1 r- — 1 is 1 /1)1177 §j( tt I I ! 11 _•.L.6v 1 . I/ al gi Z . 11 1 < lie __At1 - f \ ii ig 1 — —11 , - A11111111, 77,- -- 2 Iljr _ - 1% . .... Z I I I\ al — ,,, ----' 11/ 1 1 1 1 ill 1-- -El, 13 / if < pi ,sli gilt I iii , will‘ti 0 g , i it 14 ---. , S 1-1 10 I 0 r e i g i _ 11 tii- -------_, i A ' , ,3a i ii * _ 1 r2 il ' I v g i ; 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). 7 N„ i ;� • Subject parcel proposed �'` ;. RaceTrac development. t., 4 ic : !„. ,,, ,. ,...,., . ,,,. ,„ , 4„, Sa*SSA _i=i .:a _t . , s , i 1 `S 9i -.7,. ..0 k,. - 0”.01414481014,0014 t 111 1 I Q i ' isi , -%*.tt, rAtit '` -el t ! i, 1�4 14 10 ! PiA, Atta -y;P ^ t I tl it ill 1 j : 'r , . . 1 .... ilt Ai I -.*- \ • ! 3,• .444 ,,, w� .�...� e. i� .�, seg,'. . � t � e-. yy gip, �x'Cti .� mss- ,. � k{ b �•. `. ',!r' '.?B. . " lis s•! y :1 sf PHOTO AERIAL 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: 'ED BY: IC L SAWYER, PJECT MANAGER DATE ZONIN ' DIVISION REVIEWED BY: r 4 . 24' 15- RAYM� D V. BELLOWS, ZONING MANAGER DATE ZONIN" DIVISION MICHAEL BOSI, AICP,DIRECTOR DATE ZONING DIVISION SV-PL20150000086, Racetrac at Barefoot Williams Sign Variance April 22,2014 Page 7of7 Co'CIi 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 To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): RaceTrac Petroleum, Inc 3225 Cumberland Blvd Ste. 100 Atlanta GA 30339 Address: City: State: ZIP: Telephone: 770-431-7600 Cell: 440-938-3324 Fax: 770-431-3953 E-Mail Address: Thardy@racetrac.com Name 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: 239418-0692 E-Mail Address: Kristina@DelisiFitzgerald.com 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 Co1=ter 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 /50 /26 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: r` a. Are there special condition and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. i;. 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 Co1-ter 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? I:. 2/12/2014 Page 3 of 5 9j9ontY lker 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 COPIES REQUIRED REQUIRED Completed Application (download current form from County6 z website) Pre-Application Notes 1 n (� Affidavit of Authorization signed and notarized 2 x ❑ Survey or Site Plan of Property 6 x n Location Map depicting major streets in area for reference 1 [ n Completed Addressing Checklist 1 Ix I 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 x ❑ 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. FEE REQUIREMENTS: XI Sign Variance Petition:$2,000.00 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 lgi Naples, FL 34104 E' 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 resu in the delay of pro ess this p tition. ,,u-ou. > J ' Applicant/Agent Signature Date Brian Thornton, VP of Real Estate and Engineering Printed Name/Title 2/12/2014 Page 4 of 5 $ r9jnnty 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 ReceTrac Petroleum,Inc (company,Ilapplicable),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 DeLlsi 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.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 typicallya 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 I. 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. ..= / ,� Z r20.7 Signature Date STATE OF Ft-OR-IDA G&7V7 t o COUNTY OF GOWER EtAron The foregoing instrument was sworn to (or affirmed) and subscribed before me on IZ/Il I`T (date) by ��jririilifi F( ,e of person providing oath or affirmation), as 1,/t C,! KY1(1,� 1-- who is personally known to me or who has produced (type of identification)as identification. ani,(//k01 l ON � ete c.1GH BA '/i, (J STAMP/SEAL _%'4,...,�' • ei•• Signature of Notary Public CP\08-COA-00115\155 ..::14.71??Ol ' 900"•. .:C.: . =Qom r'ar•s V Ci— U 2/12/2014 1o,Gzj.'. 4RcIA%, 'vim Page 5 of 5 oett,0N co 'N `‘ iii January 13, 2015 DELISI FITZGERALD, IPC. 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 DELI,///1'TZGERALD-INC.// �4 f 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 4. ext v, E , j1 _r".';''''' 1 ` "Ff,(._ --_ ..1.kti I . 1 4-1 lft IL 010.4 i i ' ` .; I I , � I t�f �.�f ,..ir 1 TAPP :-J i 7 --- (1.96-'04:111VABinOs 83iTIODi ig . . "....\ j ,� _ i 0 1/. .....,47 i , 'N ,-..V•\T*?4i.,,...... i 'Th:.;': w S J k f" X (}r, �Jf-i i a '� I k �� - i 7= r t. u— ( _._.,0 -1...._ . A i !r f Y f { '4C, ....._. --'' i it ' . -�-'.� ,�-f 1;,......1--r27,:c - a, 1: ^ '7.41>" 1` — r ,_✓'--�.._r,.. t- , ! 4, , r-- Ki i dre ! '~TM Vit. : X/ � ' . I` DELISI FrrZGERALD, 9NC. 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) facade, 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 Tamiami 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 RaceTrac 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. 4' 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 RaceTrac 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. 1605 Hendry Street o Fort Myers,FL 33901 ° 239-418-0691 0 239-418-0692 fax Criteria 3: That the special 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 Iocation 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. 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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. Race Trac 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 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: Race Trac 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. Race Trac 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 RaceTrac 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. 2 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. 3 vitA syo�? W lv ma YN N a) o � (43 � v Z o 1 � N k ) ` n .. 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